The New York herald., 1878-01-13
IMPORTANT TO ELECTION INSPECTORS.
Peter Reuters Lively Appreciation Of the
Writ OF Habeas Corpus.
LITTLE STREET ARABS.

they got him here him In various civil suits
IN oil but two OF which he was successful. AT the
timo of his fight, In 1872 he had Q clerk named J. D.
OTIS, who accompanied HIM TO Europe. This circum-
stance led some OF the creditors to believe that Otis
was in some way party to Lagrave's alleged frauds
BY means OF cable despatch sent by a committee OF
Lagravo's creditors, It is alleged that Otis was
arrested near Wrexnam, Wales, IN June, 1872 on
the statement that hc was 'wantsd" in this
city for frauds committed here, and that officer
was then ON his across the ocean with ex,radi.
lion warrant for him. IL is also alleged that officer
or warrant nrrved that after eight ton days.
detention Otis was set at liberty; that Immediately
upon his release he brought an action against the
English magistrates Tor false Imprisonment; and 1t Is
further stated that they would probably have made
settlement on the spot by making apology and paw.
Ing the actual expenses he had incurred had they
not been dssuaded from doing by the lawyer acting
for Lagrave's creditors, who, It Is said assured the
magistrates that the OF Otis was so bad that
no jury would give HIM over one farthing damages
and that he could prove It at the trial by sending
commission to Now York to take testimony II Is
further alleged that the agent o Lagrave's creditors
also agreed to hold the magistrates harmless
from any verdict which OTIS might
against them that relying upon stat emeDs, the
magistrates paid 500 iptv court and allowed The
Ton " 10 10 iai; tnat the promised evidence from
Now fVrk was not forthcOming; that the de-
clded in Otis avor; that IL the magistrates
SlO00O IN damages and COSTS that tho committee OF
Laerave's creditors repudated the agreement OF their
agent 10 indemnify the magistrates, and that they
were left TO pay tho bill themselves The Of
story us tn Gus can be briefly told Last sbrng hav
lug been residing abroad With his family Otis vouns
tarlly returned To this city, and no claims, With the
fun knowledge that orders OF arrest were in
against him, he publicly entered into business his
OWN name ut No. AZ Exchange place, and stated that
he aid not owe u dollar. On tho 3lst OF last October
ho was arrested ana hold TO bail about $46 000 In
SIX SUITS instituted by creditors OF Lagrave in the
Supreme Court, the claim being that he partner
0f grave both IN his business and p hts frauds. The
0raer OF arrest I'D enc o tne SUITS was vacated by
Judge Lawrence December IL. Tho counsel for the
creditors then obtained before samo
Judge, VINO rendered second decMion but In stronger
terms, vacatny the order oil arrest unauthorized
by The evidence. The counsel tor the creditors then
appealed from the decision oi Judge Lawrence the
General Term. The case came up for argument last
tuesday, amt Judge LawIence's decision was sus-
taned Tho remaining 1vo cases, being identical,
weteimmedately vacated Dy Judge Lawrence on learn
ing OF tue decision at General Term and Otis set ut
liberty, and SO tho affair enas What next these
creditors are TO attempt remains to be Tho fol.
lowing is an abstract OF the opinion by Judge Law
rence:-"li Gus was not partner OF Lagrave The
allegation that the defendants partners ~ made
by the plaintiffs on information and belief and the
sources OF such iniOrma ion not stated Tho subse-
quent allegations On which the order, OF arrest Is
touEded ure that the defendants, through l.agravc
ways been held nat affidavit Tor obtaining un arrest
Is oeioctve in stating the matters
tion and belief That wnero sucn facts within
the actual knowledge Of the plaintiff or his
Information may be stated, but the sources OF
formation must also be stated (Blason VS.. Runo, II
How, 1l2; Coax VS.. Roach, 81 How, 152; Latin VS.
Rosenburger, 25 How, l64; DC North VS. Linder, 70
How, 4l9) The OF the plaintiffs nior
belief that OTIS was partner OF Lagrave are not
stated. In obedience to the above decisions pu-
merous others must vacate the order OF arrest"
INSPECTORS OF ELECTION.
Tho suit known in the courts by the title of The
People ex rel William A. Smith We. Daniel b. Has.
brouck chief OF the Bureau Of Elections arose out
Of the election in the TALL Of 1876 IN the
Election district OF the Eighth Assembly district
Tenth ward. sIr Smith OF the inspectors OF
election and alter acnng Tor four days all day OF
election with his colleagues he detected one OF the
inspectors in tho OF putting some ballots OF voter
on one side, instead Of placing the in tho ballot
box. and promptly reported the same TO Mr.. Lanher
the chief supervisor Of elections of the district who
arrested tho inspector ana took him before United
States Commissioner Davenport. Just before tho
counting Of the voies Detective OConner, OF the
Eleventh ward, came with George j. Krauss and in.
he had beer sent from Hcauquarters IN
the arrested inspectors place, and Krauss and the
three other inspectors then counted the votes. II
pcared that Krauss never was appointed inspector,
and ho was arrested on charge Of felony, but tho
used Mr.. Hasbrouck, chief OF the Burcau OF Flee
tions by tho advice OF the counsel OF the Police
cafe with which TO obtain their pay. The inspectors
thereupon, through Their counsel, Messrs. George f.
and j. q. julius Langbein, applied Tor mandamus TO
compel the gviEg OF these certificates 10 tho inspec.
tors. and after argument in which they opposed
by Mr. George W. Mclean, counsel Tor the Police
Board, Judge Westbrook granted tho ma apdamus Tic
Police Board then appealed General Term OF the
supreme Court and nm application Tor stay OF pro-
Seedings, pending tho appeal was made by the
Police Board, anu opposed, aud denied by Judge
Van Brunt. The appeal was thon argued
anu the Court, through Judge Brady, havo just de-.
doubt that the rclaIor entitled to tho ceri-
aeate aud TO his pay. Tho following is the text OF
r.ator remiss In allowing person who Was brought
TO the poll by police officer u substituted IN.
spccor or one named TO MI vacancy, to act as such
without protest, when he did not exhibit the neces
sary appointment in writing from the Commissioners
OF Police. The appellant undertook the duty OF de-
termnIng for himself and the people, certainty ior
the latter the right OF tho reaior his certificate
md his judgment was erroneous as tho result proved
for for the money money was paid 70 the relator.
inter judicial determination IN his favor There
Is no doubt that tho appellant acted from good
tves and under CONVICTIONS Of duty but the law has
not intruscd h n with the decision OF sucn matters
absolutely, and he should have taken advice placed
the proper persons in possession OF the acls which no
thought prevented the rclator from making n just
claim Tho result was that the reator obliged TO
commence proceedings to get his certificate and to
employ counsel Tor that purpose, and to tho extent
of tho costs on the proceedings in the court
below he might, We think, have been indcm-
niled, but the Court nt SPECIAL Term thought
Otherwise. The relalor it must bo SAID, cannot be-
entirely relieved from tho charge OF rcipissness OF
duty The examination OF the election laws would
served Tor the appointment of inspector OF cleo
lions, and an inspector must be supposed TO havo
some knowledge on the subject. II tho rclator had
been the chairman OF tho Board and had sworn In
new Inspector, the case would present IA different
aspect, and different result might have ensued We
do not think that We can absoIve the appellant from
the payment oi any costs ON this appeal"
IN THE MESHES OF THE LAW.
Few men In n struggle for freedom have mot with
more legal entangements than Peter Reuter-. For
eighteen months he had beon in Ludlow Street Jail
Tor non-payment Of alimony 10 his wife In a suit
brought by her for divorce few days ago he was
released from this by order OF Judge Davis Of the
Supreme Court, the ground that he was unable TO
comply with the prccept to pay the aiimony, for
compliance with which he was imprisoned, and that
his longer detention with view to compel compli.
anco would DO useless aud oppressive. With this
suit Peter was becomngly gratided; but just as he
thought he WAS about to breathe the air Of free.
dom again ho was informed that ho was still held
under N reuusition issued bv Governor DIX m