The New York herald., 1878-09-10
HAS SHE NO REDRESS?

sJUTHERN woMAN's Experiences IN NEW
YoRK-sIcKNEss, POVERTY AND IMposI-
TIoN.
One of those sad phases Of metropolitan life, where
courts magistrates are poyeress to redress
tho wrong, engaged the attention OF Judge Gcdney,
Eighth judicial District Court during the Gu
afternoon Of yesterday. 1t was the day set down
Tor the trial OF tho case OF Louise Nelson versus
Henry N. Greenburgh Cornelius Farley and John A.
Dunn and all tho parties to the suit were IN court at
tended by their counsel Louise is bright, inielli-
gent mulatto woman about twenty five, who keeps
a magnetic healing establishment for tho cure OF
nervous diseases at 20. 343 Sixth avenue. In July
last her only child became sick; she needed money
and appealed to one Bernstein for tho loan OF $50.
The latter said that he could not give himself but
would procure her some who would advance the
money. Such an individual was found In Mr.. Grcen-
burgn OF No 1874 East Broadway, VINO loaned her SO
upon her giving chattcl mortgage on personal prop
crty, cniedy furniture, valued IN all al $500
Louise her story goes, had agreed 10 pay ~ per
month Tor the use OF tho money and had paid $40 on
account, when, on July % Bernstein came IN lno de-
mandcd all the money. She said she would hand him
the $40 back to close tho MORTGAGE, but he Claimed
peai cd on Tic scene aud demanasd $47. which in-
cluded his costs. She again offered the $20 saying
,hu she did not owe SAT- but her appeal in vain
John A. Dunn's place. No SO Great Jones street. at
five O'Clock IN the afternoon. The next morning at
OF tho surplus money was handed 10 her. being
cluimed that the COSTS had eaten up the balance.
On tho 9th OF August last, she brought suit
against the above named parties the latter presented
bonds 10 have Tho removed to the Court oil Com
Poas, but the surctcs were not approved Dy
the Court. Defendants then asked for postpone
ment OF tho case, but Mr. Joralenion, counsel tor
plaintiff after recl.ine the above ac.s,
stripped my client ef everything she has In the
worl0 She has not bed on which TO rest herself or
her child, and the defendants should nave oeen pre-
pared to 20 with the case ut once" The Court ac-
knowledsed that was case Of great hardship, but
sci down The trial Tor yesterday afternoon.
Louise Nelson told her story in u traishiorward.
Intelligent manner. She had formerly lived In key
West Fla, wnere shc married whom only thirteen
years OF age subsequently she removed to Savan.
nah, whore she kept a boarding house. and nnaly
camo 10 New York AS physician. She then related
the story Of her chds sickness ana her attempt 70
raise money. Tho mortgage, which was actually
for $3.50 ins:ead OF 800 was here offered IN
fenants raised the point that the Court had no
power to set aside the provisions OF sealed ins'ru-
Eent. 4n4
This, indeed, said Judge dedney. Is the serious law
point involved, ana doubt whether District Court
possesses such power. SIR. Jeralcmon, counsel Tor
tho plaiptin sad-''ln no o.hcr city but TIC city oil
New York could such high-handed outrage be per-
niited. Here furniture seized nj i've O'CLOCK In
the afternoon sold ut ten the next morning, aud
tho arconecr permits no trace o tue goods tnus lle
galy taken 10 be had.
Judge Geancy replied :--l have no doubt OF fraud
far mortgage isolf s concerned, apd as mat
ter OF course the action OF both the auc.oneer aaa
marshal Is illegal and should hko 10 punish It sum-
mariiy. Yet have my doubts for the reasons above
stated court OF record has the right 10 set aside
written nsrumens but rs 70 the action oi this court
must reserve my decision"
Iu the Of the lengthy testimony gwen by tho
plaintiff she broko down twcc, overcome by tcars and
when Bernstein charged had also borrowed So
from bm pay Police Captain Williams, Louise
stated empnaiicaily that she did not even know Cap
tain Williams. When asked why, II she had paid SIS
on account she get Teceipi, she said 10 Born
stein, Because you said you were AFRAID OF tho law
Tho naturally excitos considerable Interest
among tho residents OF Sixth avenue wbero Miss Ne
sou Is well known TheCourt's decision VIII bo rem
dcIod u day or Two.