The New York herald., 1877-03-03


tings bad betn held for somo cause the referee
formally xdJudged tno judgment debtor 10 contempt,
matter camc up for argument before Judge Robinson
at the Special Term OF the Court OF Common Pleas
MT Cohen who appeared on this motion 'or 'ne Juuar
ment debtor contendcd that from the moving papers
aud the examination and report OF the referee. when
were on die, it appeared that tho examination had
bcen conducted manly by the referee The Judgment
debtor IN his affidavit read the argument, charged
the referee with partiaity ana with having tran.
scended his duties, In that the examination OF tho
judgment debtor conducted mainly oy the referee
and that the rcerees actions characterized Dy
vindctve spirit iuterrogatc the witness upon points
pressed motion TO modify the original order Tor
the examination OF the judgment debtor oy striking
out the order OF reference and TO substitute IN Tvs
place clause that the examination be continued be-
lore the Court, Judge Robinson, who gave his decis
ion yesterday, IN his opinion states that the nuy o'
referee appointed under supplementary proceedings
is To take and not 10 make the examination oi tne
judgment debtor; that II he attempts 10 90 SO IN an
oclous manner be transcends his duty that IN this
action the referee instead OF acting the mere par. OF
one before whom an examination shoud DC conauc'eu
by the plaintiff in great measure TOOK upon h'msci
the part OF doninss hfcs prosecutor and pressed
questions suggested OF his own motion to an inquis.
iiorial extent rho motion to punish the judgment
debtor for contempt was deped With costs, and tho
order OF reference vacated with further order that
the examination OF the debtor be continued before the
Court
JOHN BROWN SEEKING A DIVORCE.
John Brown, after tweny-six years OF marital cx-
percnce has brought suit Tor divorce against ms
wife, Letita Brown. charging her with adultery.
motion was made yesterday before Judge Barrett. In
Supreme Court, Chambers, 10 compel him 10 pay
counsel fee OF her lawyer. it being apparently con-
cedcd that tho financial circumstances OF Mr.. Brown
would not admit OF his paying any aIimony to his wfo
pending tho suit. II was urged Tor the moton tnht
Mrs Brown Is u poor washerwoman, and that unless
her husband furnished money to enable her 10 employ
counsel Judgment will have inevitably 10 be given
against her through her inability to defend the SUIT
it stated on behalf oil John Brown that MS total
income is $40 month, paid HIM as night Waterman
for the Merchants and Drovers' Bank.
"Mr. Brown Will have TO go 10 jail, urged inc
counsel srI this motion is granted as it takes all his
mcagre earnings TO barely support himself
mo he won't have TO 20 TO jail said Judge Barrett
.By paying counsel fcc " said the judge adding, III
the pa,nt couldn't pay counsel leo to his vile he has
to every principle OF Justice 10 let perhaps innocent
suffer IRON the stigma OF sucn charge on ac'
count Of her disability 10 disprove IT,"
After some further argument Judge Barrett TOOK tne
papers for examination.
BATTLE OF THE BILL POSTERS.
The courts have had much attention attracted OF
late by tho rival artists OF the brush and pail who decor
ate dead walls, bill boards and fences OF the city
with announcements OF approaching theatrical enter
ta,nments. Henry j. Pauidng, who claims the DIS
tpc,ion of being .Boss Of all the Bill Posters seems
to leao ain ncrminable warfare with his rivals. and
usually out of the legal arena lrst BEST
On the 18th OF January 1871 William Reagan
against Paudins. his alleged partner Thomas
Moore, and eleven OF their employees Tor
maciously posting over the bills OF Reagan. Judge
DAILY granted the plaintiff temporary injunction and
the detendant's counsel, Mr. William i. Howe, moved
TO set aside and vacate this injunction, which tho
plaintiffs counsel moved to have made perpetual
lengthy argument had yesterday before Judge
Robinson the Court Of Common Pleas. The grounds
taken the Defendants counsel were, drst that tho
Injunction had been improvdently granted, Tor the
reason that the samo defective IN Its essential
legal aspects, and that the plaintiffs, from their own
legal not entitled 10 conn uation ol
the Injunction. Judge Robinson coincided with the
views presented by the defcndants counsel. and va
Gated the Injunction with costs against the plantf
THE WHISKEY CONSPIRACY SUIT.
The trial of the United States against Messrs Boyd
l. Hall yesterday resumed IN the United States
Circuit Court, before Judge Batchford. Counsel for
the defence was early hand was also the indc.
fatigabe Assistant District Attorney, General Sher-
man. upon whose shoulders the whole responsibility OF
u trial n which the government has been for months
and months engaged in preparing at Washington, has
devovcd here IN New York
Mr. Rosebotham recalled to identify accounts OF
sales with gaugers returns indicating lots OF spirits
that charged have been Illegally taken by Goscn
East man. Chicago rcctilicrs, from McserOs distery,
forwarded to the defendants and received by them
here with the intent OF dcfrauding the government.
The case stands adjourned over till Monday morning.