The New York herald., 1877-10-03
THE COURTS.
Oisagreeins Doctors Trying Their Hands at
the Legal Scalpel.
AN UNHOLY SCHEME.
Joe Coburn's Last Round in the
Legal Arena.
COLLISION BY DAYLIGHT.
n UNHOLY SCHEME.
COLLISION BY DAYLIGHT.

OOLLlSlON BY LA LlUil 1 !.
Dr. Benjamin Rawker. learning that a United States
warrant had been issued against him on the complaint
OF Dr. Newton Whitehead. for sending obscene mat
ter through the mails, appeared, in company with
his counsel, Mr Leo schwab before United States
Commissioner Belts, yesterday and demanded an ex-
animation. When the complaining party Dr. White
head, was produced, he asked for adjnurnmcnt TO
procure the attendance Of witnesses outside himself,
upon whose testimony he relied TO sustain his charge
The postpon resisted by the other sde and
the Commissioner determined to send for the wit
nesses at once, and did When the witnesses ar
rived the examination proceeded. the complainant,
Dr. Whitehead, first telling his story. II was IN sub
that, two weeks ago his wife handed him
> postal card which she had just received from tue
federal messenger, which the purity Of his origin,
his mothers side. referred terms by
refined or complimentary, and 10 winch added an
assertion that ne was trying 10 njufe thu anony nous
uncompimentary ana unreaned rsterencs to tho Doc
tors mother was the portion which brought tho send
Ing OF the card through tho mails within tho provs
ions OF federal law, und the context was the key
whereby the Doctor thought he traced it TO the de-
iendant Hawker. Beyond the fact, however, that he
believed Dr. hawker TO 0e the only person who could
have sufficient motive send such card, DR. White
head was unable personally to fasten the authorship
the accused He produced as an additional witness
friend named john j. Cone, who testified that he had
been shown the card by Dr. Whitehead, had madc
copy Of 1t, and believed tho writing thereon
to be that OF Dr. Hawker This tho only
pertinent testimony given, aud Cones knowl-
shaken on cross-examination that in the Commits.
Boner's estimation the charge against DR.. hawker OF
beLg tho author or the offensive card was left wholly
unsusained, and 1t accordingly dismissed his
ended tho proceedings In The federal jurisdiction and
both parties LETT the court but as II turned out In ref
ercnce TO Dr. Whitehead, the companaut only TO TALL
into the grasp Of State law. As ths gentleman
ms way across the City Hall Park he was met by a
~ ttnriH uhn hu thnrtt pf .,t
rest. issued by Judge McAdam, OF the Marine Court
conducted the Doctor 70 the Shcr7s office and thence
TO Ludlow Street Jail where he was locked up de-
fault Of bail. This order OF was issued in suit
brought by Doctor Hawker to recover damages from
Dr. Whitehead Tor alleged malicious prosecution. Tho
story Of this alleged malicious prosecution as gathered
rom the papers and other sources Is that these two
hourishers Of the scalpel were formerly professional
partners, but some time since had separated. Since
the separation II s claimed professional rivalry has
existed, which finally degcneratcd into bittor per-
sona animosty. Recently Dr. Hawker obtained
female patient Tor treatment, subsequently went
10 his rival Dr. Whitehead, and instigated by him,
1t IL claimed on the part Of DR.. Hawker, she went
before magistrate and made against the latter u
charge Of having committed abortion hcr. This
complaint, after examination, was dismissed She
iheG commenced civil suit IN the Third District Court
before Judge Parker to recover from DIR. Hawker tho
been Obtained BY him under false pre,ences This sui.
also was dismissed She then appeared before the
Grand Jury aud succcedea in obtaining an Indictment
against Dr. Hawker, as alleged. The old charge OF
abortion. This has not yet been disposed Of, and the
charge Of Dr. Hawker against Dr. Whitehead and which
is that all these prosecutions were incted and
couraged by him. As an Offset TO the postal card CON-
plant by Dr. Whitehead his opponent complains that
plscards equally anonymous have bcon publicly posted
calling his professional integrity In question.
SCHEMING EXECUTOR AND LAWYER.
petition hled In the Surrogate's Court by
Louisa Fox ana Wilhelmina Graves, next of kin and
legatecs will and testament OF Charles
schmiot, to have the executor, Henry Niedg, pun
ished Tor contempt for not having assigned certain
mortgages TO and divided certain funds between the
petitioners, as he required do by OF the
Surrogate made at tho time Of final accounting the
lth Of June last On this petition order granted
directing the executor to show cause why ne should
not be punished for contempt In having tailed
ply with the decree Of the Court In response this
order TO show the executor into and
made rather extraordinary answer. In It he stated
substantially that the deceased before his death. told
him that he had made him his executor
and that he would be entitled TO q proper
allowance Tor his such; that after the
Of deceased tho partner Of deceased Michael Fox
to him aud recommended to HIM q lawyer to aid In
conducting the affairs Of the estate TO settlement;
that Fox offered hnl commission Of $4,000 II he
would SO make his accounts as 10 pay Jonn Schmidt,
The broker OF deceased, the sum OF So 900 besides
iegacies because as he alleges Fox stated, no (FoxJ
wanted to get as much as he could for his children
that he then dismissed the lawyer recommended TO
him by Fox and came into tho Surrogate's Court to
execute the trust himself: that no there informed
that he could get no pay executor, and
mendcd TO employ an attorney. lie did 30 employ an
attorney. he says, and informed he thought
II was worth 900 TO handle an estate worth 500 0Ou
He the course Of conversation finally told The ator
ney that he would charge $4,000 Tor MS services and
the other 81, 600 he would give 10 him. This seemed
to DO settled upon and agreed between them At that
time. and subsequently, the attorney offered 10 gve
him his individual noto for So 000 This he refused,
thinking strange the attorney should offer give
his note for money which had not yet been allowed by
Ihe surrogate. Subsequently tho attorney came
him and him Surrogate would allow but So OOO
and that no ithc execu0f) had been discharged Upon
Ihls basis oi allowance he and the attorney first talked
n threc-if.hs OF tho money the attorney two
fiths 10 him. but they subsequently, settled down
an equal division. He thcn concluded that tho whole
thing wns conspiracy on The part Of Fox to defraud
him out OF far remuneration Tor his Ex-
ecutor; an1 not wanting TO release the attorney
his agreement, be submitted himself TO the
judgment VI the Court, and prayed its protection
The surrogate in an opinion rendered yesterday
The question OF contempt gives tho attorney whose
name ho does not disciosc the crcdil OF denying
nuder oath The statement mndo by The or in
his answer, and also the credit Of a statement by him
ieir In which he sets iortn services tor which he
:uims the allowance made Is insufficient CON pensa.
ion. As TO the question OF Furnishing the executor
contempt the Surrogate holds that nutwi
Ing answer has been put in the original petition is
Insufficient, IN that II doos NOT specifically set forth
sud that q persoual demand Tor the amount had
been made. On the answer Of tho executor
the Surrogate comments IN no very Halter
ing terms. Ho calls the argument between
him aud his attorney an ''unhoy schemc'' to
unlawful fees Uy OF corrupt 0vercharge by the
attorney. such answer, he says has the charac-
eriscs OF cnrontery anu novelty u not oi discretion,
aud how the executor had reached such a height Of
moral obquity as TO proclaim under oath such trans
action he nnds to be problem hard to solve. He
cuGes by saying that tue executor should congratulate
himsef that his duties near an end, because IT
ho had succeeded In consun mating the bargain ho
says he made he would have made himself liablo to
criminal prosecution under the statute OF 1871 For
the imperfcctious the morning papers already
i.rrcd to tho motion 10 punish contempt has been
denied.
FIGHT FOR FREEDOM.
Unquestionably tho most earnest light In which Joe
coburn, the ex-puglIs ever participated is his pres
snt light or freedom. HIS case has at last reached the