The New York herald., 1877-12-06
PAY OR STAY.

10
dor against Burghelm ). Bernhardt During septem-
bcr ana October last the defendant bought a large
uuantsv Of Kid gloves from the plaintis having pre-
yiously stated Tor the purpose OF inducing credit,
that ho perfectly solvent and had loaned out at
interest n certain sum Of money which would be-
come due November ?, 1871 Shortly after ths sale
Of the goods defendant Jailed. The plaintiffs, by Hart
a Bamberger, their attorneys, commenced an action
tor stne return oI The goods, Claiming thAs
pa,ntins had never parted with the owner
snip OF them, tho sale he'd been Induced and
the delivery made by the fraud OF defendant. On
certificate of the Sheriff tnat the goods could
fraud plaintins attorneys obtained an order OF ar
rest against BernhardL Tho nahuro OF the action re-
INV udpment that might be recovered BY PLANTING
THIS defendant was unable to do, although he could
have furnished bail Tor MS appearance Ihe motion 10
tho order oil arrest was argued by A. Blumen-
stis, VINO claimed tnat the piaintins' papers did
not present enough warrant SO severe
proceeding. Mr.. Reginald Hart opposed the motion
on ground that affidavit OF Plaintiffs showed
Intent on the part OF defendant 10 cheat the pain
ans BY having purchased large quantity Of goods
lust prior 10 his failure and having sold them TO one
Whitney In Albany. and spent the proceeds; also that
when defendant failed he rad, comparatively speak
Ing, stock whatever IN his promises. Judge
Davis granted defendant liberty 10 renew on add-
t,onal aiidAvts on payment OF costs Should tho o.
OF arrest, however, be sustained notwitstanding
the additional aidavits the defendant Will De Obliged
% give the SPECIAL bail required spend consdera-
At prsscn. confined Mcssra. Blumenstiel h Ascher
appeared for tho defendant and MessrA Hart
BAN berger for the plaintiffs.
THE SILK SMUGGLING TRIAL
In this case which all the defendants, excepting
Graf and Owen, were, at the conclusion OF the trial.
before Judge Benedict IN the United States Circuit
Court, on motion OF Judge Dittenhoefcr discharged
. motion to set aside the verdict against GRAD and
Owen and Tor arrest OF judgment will be made next
snslss "a he ,nScmeu. but Inc one Known as my
sUwsn overt act," the grounds OF tho motion for
trial. It is understood. Will be substantially those
Judge Benedict hold 10 be grave and serious whom
they presented at tho trial. and winch he ncid
reserve to considered by HIM on such motion, In
sase verdict should be given against the accused par
lies IN overrung which at the trial he said the DIS
rct Attorney might take the risk on going before the
jury on the only charge In which the jury agreed
DIVORCE IN OPERATIC CIRCLES.
Elizabeth Laurent has brought suit against Horny
Laurent, her husband, tor divorce upon charge Of
adultery Sho statos that her husband is connected
with tho Mrs Oates Comic Opera Troupe, which for
some time past has been travelling through tho West
ana South and Is at present At Wheeling, W. Va
The defendant IS charged with adultery with MISS
Alice Oates tho 10th OF July last AZ the Union
Square Hotel IN this CITY. Tho complaint alleges
osner cultcrics with tho person Richmo ond,
Va, Now Orleans, St Louis, Chicago. Louisville and
Washington, d. - Application was made TO Judge
Davis Tor an order granting service OF The summons
By publication which granted. Tho parties were
married on Tho 18th Of February, 1874, ut London,
England.
"REMINISCENCES OF LONG BRANCH
william L. Mcintyre aud William NJ. Gawtry have
Dcen for some years owners OF the property known
ihc Mansion House. Mt Long Branch and last sum-
mer they leased furnished cottage adjoining the
hotel TO Clarence Ogden 10 be uscd as a boarding
house. The lease Tor three months, at $500 Tor
,nc term. Mr.. Ogden paid but 500, and Messrs
Mcintyre Gawtry commenced SUIT Tor the balance.
Mr.. Ogden interposed n deience that the pump mad
yvcn that his guests had their nostrils OIL
Tended by nuisance erected by Mr.. Mcintyre con-
quence Of TINS the 30th August last, and
tbat he ana his family also LOFT shortly after Hc
claims 81 O0O and desires to Offset Tins amount TO tho
clAim In suit. Upon aidavils Dir. Henry II. Morangs,
counsel tor paintns. moved Tor Judgment for PLAIN
Sins on the ground that the answer was sham. MIR.
6andford the part OF defendant, produced several
athdavIts, among which was one from Mrs. stevens
Judge DAVIS, before whom the argument on the mo-
StoE took place supreme Court, Chambers held
that the defence oil no water net good but the
other points took the papers.