The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-28
THE COURTS.
Injunction Suit Against the Atlantic and
Great Western Railroad Company.
A MYSTERIOUS MARRIAGE.
Indictments In the United States Courts
Thrown Into the Waste Basket.
RICH FIELDS FOR DEPUTY SHERIFFS.

In 1855 there was built tho Atlantic and Great West
Railroad in Ohio, tho length OF the road at that
time being 245 miles ortgage was made 10 secure
900 OF bonds to pay for construction Of the road
Upon the subsequent extension Of the road through
Pennsylvania and into this State, making the road
altogether over tour hundred miles in length second
mortgage made and $lS 10000 in bonds were Is
sucd the majority Of these latter bonds being disposed
OF In Holland. Tho railroad company failed to
pay tho coupons on frst mortgage bonds and tho
result was fight among the Holland bondholders. At
q meeting OF such bondhoders at Amsterdam COM
mittee was appointed look after their interests,
which committee sent agent to this country to see
what steps best TO DO taken TO advance such in
terests. These negotiations did not result
gage gage was made on the road, and $50, 600 900
OF bonds issued. These mortgages are
respectively designated as the Flag Penn and Dunphy
pointed in each case. Meantime, interested In these
various mortgages ore number Of English bond
holders As in Tho first two mortgages, there was IN
the last default in the payment OF the interest,
and suit to orecose that mortgage pending, and the
the representa- OF the first mortgage oondholders
made an agreement by which the recover was to pay
annually r i' and t'D1 the trustees are to orScar
from selling the road for the prEci.
bot pot now be sold except at Sacrifice This
made between the representatives Of The Dutch
and English first mortgage bondhoders, Kohn Rel
nach one OF the first mortgage bondholdcrs, who re-
sides in France, brought suit TO compel Louis Il.
Meyer trustee OF the mortgage to ioreclose and took
injunction this state to prevent the parties
from carrying out any agreement 10 prolong the date
tho sale. Proceedings meantime have also been
taken in the United States courts in Summit county,
Ohio. The case came up for argument before Judge
Lawrence in Supreme Court, Chambers, upon the
% uars
consumed in the argument Messrs. Da Costa and
Seward appearing for Renach, Messrs Bolker and I.
Anuor amin Woll nnn AM S0tyt n IN
opposition. The argument resolved itself manly into
the discussion of two propositions-Arst, whether
trustee under railroad mortgage can arbitrarily refuse
70 forecose when tho mortgage IS que; ana second II
he cannot whether tho bondh0ders can authorize him
payment OF the bonds by foreclosure and sale. Al
The close OF tho argument Judge Lawrence took the
papers, reserving decision
A WIDOWER'S MYTHICAL MARRIAGE.
A case somewhat out of the routine Of ordinary
to trial yesterday before Judge Van
Brunt, holding Supreme Court, Special Term Thcre
was promise OF curious and interesting de-
velopmcns, but the restrictions placed by Judge Van
Brunt upon counsel kept the facts within narrow
compass Samuel Schiller states that in March, 1872,
he purchased some real estate, near the junction Of
Eighth and 1881 street, Of John G. Deitz, for
which he agreed pay 0OO and for which he did
pay 500 cash. the residue remaining on bond and
mortgage. At tho time Of the delivery OF the deed
supposed that Deitz was an unmarried man and con-
scquenty that there was no wife to claim right OF
dover in the properly. subsequently, upon ascer-
tanning that Dcitz married and that his title
good under deed, no asked TO have the money
he had paid refunded to him and the bonds
and mortgages cancelled. suit grew out of tho
transaction, ana as already stated came to
witnesses for tho plaintiff had been examined by their
counsel, ex-Judge Birdseye and James NJ. Fish, tho
case Tor the defendant was opened, he being repre-
scented by Messrs. Inhcss, Roosevelt and Carlcy. 1t
was stated behalf Of tho defendant that his first wife
died In 1860, ana that The woman now calling herself
Mrs Dietz but whose real name Mrs. Marsden
living with him his wife in 1871 and that at the
time Of selling the property In question he did not
regard her his wife, and that therefore there was
Intentional deceit practscd this regard his part
When counsel had finished his opening Mr. Detz was
called TO the witness stand.
when did your first wife die?" hts counsel asked
him.
'on tho 10th OF October, 1869" promptly answered
The witness.
the woman now calling herse Mrs. Detz ana claiming
10 be your wifeY"
..Question excluded, said the Judge
"I,y what name was she knownr'
''Mrs Marsden.'
''Did you 90 through a ceremony Of marriage with
this woman ?"
.'U ndor what circumstances and when?"
t.QuesIion excluded, +" said the Judge.
''Did sho not tell you at the time that she was
married woman and what her husbands namo WAS ~
''Queston excluded" said the Judge.
''what induced you TO 60 through the ceremony OF
marriage with herr"
.sQucstion excluded" still again interrupted the
Judge.
The counsel ound that thcro was no use OF pursuing
tons as TO whether the witness intended 10 practise
any deceit upon paintn which he said he did not
Tho trial will be resumed this morning.
INDICTMENTS NOLLE PRESSED.
The accumulation OF indictments lying over or
pigeon holed in the United States District Attorneys
NRco dati hazel NJ frau hava