The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-10-20
MR.. PHELPS'S CASE.
The Young Lawyer who SWAN the Ueiies-
pont. mud Justice benedict.

Charles Harris Phelps. young lawyer OF
this city. who. in emulation Of Lord Byron and
Leander once swain the Helespont is well
known socially. and his marriage with a Fifth
avenue belle last spring was an event in the
fashionable world that attracted considerable
attention. Mr.. Phelps has been called upon by
Justice Benedict 81 the United States Court 10
show cause why he should not be punished for
misconduct as an attorney ~ the court. IN i'm
properly delaying its action on an application
for an aajul cation In the case OF Alans0n II.
Tiff, voluntary bankrupt aun in taking ad-
vantage Of delay improperly obtained by
him lPhelps to enter or cause TO be
entered Judgment In favor OF the lroncad
Can Manufacturing Company against the bank
rupt IN the Marine Court. this city. and in
ISSUING an execution thereon Mr. PHELPS was
the attorney for the lronclad Can Muuuiactur.
ing Company in SUIT tor the amount OF u bill
OF goods bought by Mr.. Aauscn II. TIT. . hnrd-
ware merchant at IL Murray street Mr.. TIT
He'd MS scHedulens Yo'untnrv blnSruN. with
ms pfition IN bankruptcy. NJ Brooklyn on Feb.
ii. ISIS. naniing tbe inieut"dnr>s 20 tnr Iron
clad Gan Company among ms liubintes. Inc
suit was begun IN April before the adlu-
d.ration. tn ban.rupts counsel. Mr.. a. C..
Aubrey. obtained a temporary injunction
against the compnny's suit, and an order 10
show cause why tac COMPANY should not be
p'rpe;ualls restrained from SUING pending the
QauSrupt'Y pro 'eedlnEs. Judge necict
denied IN" motion Tor permanent INJUNCTION
BECAUSE the pankrupt's cHse LAD not yet been
eAs
motion OF Mir. Phelps 10 dissolve the temporary
injunction. Justice Bunedl.t on tug, date en-
then Mr.. Aubrey. IN urualf II the bankrupt.
asked Tor an Adjudication. expecting. on that
eens, n..owsd 70 rSnewp his motion ior PR,
court room on plea % wishing 70 examine
some papers. and u = alleged. ieIegraphed TO
III 5 'Tty 10 nave judgment ent. rcd ~ by de-
fault ~ the Marine Court where the suit against
w. TIT was pending, and 20 have an execution
y.t before Justice Benedict telegram reached
Mr. Aubrey that the Sheriff had niade a levy on
Mr. Tits goods. and YVES in posst ssion of the
The information was given 10 Judge Bene-
dice. VINO tA.r~uupn entered an order dd.udi-
eating Mr.. Tit bankrupt. and granted an
Injunction. which wis served tho same day on
the Sheriff. restraining him from removing the
goods. Mr.. II Effected a composition with his
creditors on Nay 81, but still the Sheriff re-
manned In charge. Mr.. Tits counsel moved
for InI uu'tiou- designed 70 rernoNr the Sheriff.
aEd o. gun sh the ofiicers Of the Can Company
ior Obtaining Judgment IN the way Ic-r n"d.
but th"se motions We're denied. In the order
teuyln- TIE mo, 4ns. however, Justice Beue-
dict Inserted claus WAiO ID rerit j tNat nothing
the haukrult from moving - punish NJ. Phelps
Tor lWlgop-Elh della ing lue action % the court.
Marine Court on Aur! rs. TIC u.uNrupts it,
icruey took 40 "Iton under tAe order ana on
sept. - JUST rnrllnt os tlH courts own
motion maze az order, tased "a The rJntrnis VI
ihr ulldnvi,s filed Zoo the records oi tEr cHs,..
hot Sir. PAe.ps shoA44 app, ~ before I'm pa
Oct . and show cause why Ae should not be-
punished tor ulistohda Z TLa. order WAS
served on Nj pieiu- hy ta- ruitel States Mar
-Lai On sepi. IS. LN-Jud., Davis appeared N
Oct with uih ,aNits in, h.htlt, - tne accused
laWyny. out tAs yastee de lgred that tney we're
,dnel an lUyts. Tue punishment Tor The a.
Legged movement may be - ine OF removal
from the bar or b1ta.
In ono stage ~ tie legal fight Mr. \. c. Au-
brry and Nh A.ausou liu We're arrested u n
chgrs" ~ assault upon NJ. Phelps. because
they suutcnel d hlDe away irOm MN IN court.
and struggled with him 20 get u lruf which he
hal torn out OF H. Justice Walsh dismissed the
complaint.