The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-19
woRMsER & KINGsBURY.
IMP oRTANr DECISION BY JUDaE cHoArE-A
CHARGE OF PERJURY.


CHARGE OF PERJURY.
A decsion given yesterday In the case OF Kei.
ier. wormser Il Kingsbury. alleged bankrupt cloth.
iers. OF broadway. The argument has boen before
Jndge Cnoate IN the United States District Court,
during the last few days, and out OF the follow
ing crcumstances:-A petition In bankruptcy was
died In the United States Cour, the afternoon OF
tho TIN OF May about TOUR hours after Judge Donohue
had, In the Supreme Court, appointed MI Frederick
Lewis the receiver Of tho estate OF tho alleged
bankrupia This petition was signcd' by six al
the creditors, who had applied to tho Su.
preme Court, on u petition presented for tho
appointment OF tho two partners, Wormser and
Kingsbary. rs receivers, and thirty-thres other
creditors also joined in tho petition Whom the
nouncement made OF the appointment OF Lows
the oookkeeper OF tho alleged bankrupts, Lghic, and
Ave others 1Ied tho above petition In the nkruptcy
Court aud obtained injunction restraining tho 70.
coivor from attempting to exercise any control over
tho property On the following day tho attorney for
Keller and tho moved to tho injunction
and dismiss tho proceedings, tho ground that these
six creditors know then that they did constitute
n tnird Ia value and one-iourth In number OF the
creditors necessary for the validity OF the petition
Tho bookkcoper, who was one OF these petitioners
had n day or two previously sworn IN the supreme
Court that tho number OF creditors iorty-,hrec.
Judge CIoate wrote very lengthy opinion IN Inc casa
la the course - which ho says:-
we'll be understood that practice will not
only subject the petition prepared ~ summary dismissal
viii render all concerned Ia preparing aud
them sum ct 10 this consequences which from
the prsclcc OF fraud and deception the
alteration Of urgency or OF th portancs 30 the parties
o. thr relief sought ny the petition or o. danger OF losing
the benefit of the excuse such prae,es any
ent or under circumstances Even IL this misfortune
were a great - reptssented ssi the petition
Ss ss no va, 70 v sae ,s a. ns ssssa bang
ment or otherwise made the OF other
the like iDpus,l tac petition be dismissed since
W fraud and PERJURY made the BY which
the court was Induced 20 grant the order 70 which the
ties we're not entued and but their false
have obtsined aud II tho Court should angle i
loss damage become conscntng psrty such trans
action the effect would be more disastrous public aud
Junction issued In this not to bs considered prsce
IN other Of y ike issue show cause The
injunction Is vacated aud aside aud petition ds-
missed.
The proceedings In the bankruptcy Court disposed
o In the ABOVE summary manner dev eioped a sids
ISSUE In the shape Vt tc arrest Of Isaac gntc one OF
The charge OF perjury, IN swearing NJ the limo he
signed the petition tna he believed tho persons
Joined therein constituted oneourth the mbsr
OF all the CREDITORS whereas appears that the day
before signing ana swearing to nat petition he madc
another affidavit which he swore the creditors ex-
ceedcd forty-threc in nunosr. TINS petition, Il 10
alleged, was prepared by Mr.. A. BlumensteI, as at
Tor the pv,tionng creditors. Lgnte upon being
arrested wits brought before MIR Comm Little
WHO issued the warrant, where be gave bail IN uou
Tor his sIpesrsnce 10 answer, " inuicted
by the Gtand jury THIS prosecution, with tho op,n-
VI Judge CDoate will induce creditors 20 under.
stand tnat the same sacred regard given 10
oatn annexed 20 bankruptcy petition IN any other
legal proccedius. Mr. Keller was represented by en-
Juuge Cafdozo ana Richard ). Nvwcombc: Mr. n.
Lewis. the receiver, Wy Mr. Al. H. Kegcnsburrer: Mr.
Isaac LIgnle aud Leopold Leitnaurr aud The other
pcttloDing creditors by Mes~ra Marsh. SHEPARD.
B'umsnstisi Hirsen, ssixss Lsventr,tt and Aschsr.