The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-08-10
AUCTIONEER'S CLAIMS.

AQCIl ION EERo CLA4Mo'
VALUABLE FURNITURE SEIZED FOB TWELVE
DOLLAR cLAIM--NBs. GALLONS CRIT
JUDGE GEDNEY ANIMADvEErs SEVERELY ON
THE PLAINTIFFS.
The OF Ulmann & Hertzberg. auctionoers,
against Mrs Deborah a. smier. Of No. 206 West
Twenty first street, tried yesterday before Judge
Gsdney IN the Eighth Judicial District Court 1t will
be remembered that the circumstances OF the case as
presented by the defendant and her Witnesses were
told in the HERALD Of Thursday On the Same day
the plaintiffs requested that the HERALD should pub
lish the other side Of the story, or ut least
publish a request from them to the pub
lie for suspension OF judgment until
the case should be tried IN court Such request
was accordingly inserted in yesterdays HERALD and
the trial yesterday, after listening carefully to all
tho testimony on both sides, the Judge refused to
listen 10 argument and rendered the smallest posi-
BILE judgment for the plaintiffs
All the parties to tho SUIT. with their Witnesses
were hand punctually. Mrs, Smilcr being
accompanied by nor daughter, pucky little
Mrs. G,ylor, whose encounter with the city
marshal while her grapdmo,her's furniture was
being seized, was so racily told in her
own words In the HERALD report. They were At
tended by their servant, Maggie Clifford, the young
woman VINO was aattened against tho wall by the
City Marshal, but who had recovered her customary
rotIudlty in the meantime The plaintiffs were
companic by number Of gentlemen, whose strongly
marked features proclaimed their jewish race, and
the writer's arrival aleoiuIly told him that Mrs.
Smiicr's landlord was In court for the purpose OF OBJ
tanning dispossoss warrant against her Tor nonpay-
pent OF rent Inasmuch as Mrs. Smilcr mad sworn
that she owed rent this looked bad, and they
correspSndingly eated. Some person acting tor the
landlord did attempt TO serve Mrs. smer with
mons In SUIT Tor dtspossesson as tna lady LETT inc
court room Tor lunch, put sue refused to accept II
and the paper huttered into the gutter while the lady
walked or
When tho case was reached on the second call OF
the calendar Lawyer Kintxng, for the defendant,
arose ana moved 10 vacatc The attachment On when
the plaintiffs had taken some $500 worth OF furniture
IRON the house Of the deieLaant IN payment Tor u
Claim nrst slated AS $i2, then advanced to 500 and
hnaiy to SIS III support Of mo motion he presented
uiiidavits the substance oil winch has areany been
lola. ln opposition the delendarrs counsel presented
an AFFIDAVIT o. John 4. Werner, Mrs. Smile laud-
lord, tnat the defendant owsa MIN $685. being Tor one
hait months rent OF tue mousse she occupies.
on TINS US mpsaching Mrs Smilers atadavll, he op-
posed Inc mot0n 10 vacate, tut On ar kintzings ex
palping that Que months rent haa been placed ~ ire
landlords bands As sscnrny. ind that II this were
couued As paid tho rent was al PAID up to August ID.
,nr Judge sa,d ihis point would 20 Tor nothing
Alter some argnnent gu the legal effect Of The
action the Judge denied the motion 70 vacate con-
alt'n that ISSUE should DC Jon.d anu the case DC
tried He SAID tnat IRON what he knew lar
Of Inc Case II N.pearsd thuL tue uelenuahg hal sui
Iereu hardsh p and that II u appeared on the trial
thai tue plant IDS had sworn fassy, AS was chafgea,
he (he Judgs) would zee that iuriher acion MAS
taken, Tor Il the ocenlaors story was true
vi outrageous thugs tnat mad ever come
under his notice mad vsen done, aud &c snou take
Steps TO protect cleans ana other magistrates from
the pam, mortncaIion and. perhaps, stis ma that
would attach 10 any rspe ltiol o. 1t.
WHAT FMS LANDLORD swoRE.
The piainin's counsel again ufew attention to the
landlords ahuavit, aud Tue Juugo SAID Ne knew that
landlords mad nice devicc OF no.ding a mouths or
ent WAS due OUTSIDE vi thai lhis he SAID, would not
hold IN law AM asked Tor tue landlord AS he was
him. And see tbai you set there before any ono
else does" he added, Win s'gninean glance, evi.
dsntiy suspsctIpy ths Werner wouia Keep ou. Of the
way II warned u time. even ON your own show
ma" hu coptinusd 10 Tue pisintds Counsel ''only
$50, ana not $3.50. rent 10 anc'
As the progressed, however, II was shown that
the rent ali paid ANA ihat his WAS merely Of
several devices Wy whcn the painn sougn, 10 reflect
0iscrcuit on ths defendant
Louis Uimanu WAS then sworo ana told the story Il
the Contract made between nim aud Mrs. Smiier,
WIN, ch mas already becu told. He sad wa an au.-
toavsI bu, had NO auction room nc Mas 70 receive
ten per csut on the amount vi The sale. am es,l-
mated that the iurnIturs would probably bring $500
hi con tiluI.d So OF his claim. Toe rest
up VI 50 81 Tor Aaveftsius 10 tue hgRALD and Sall
Zeting 81 81 Tor belD aud 81 lar smaller items. 40
tina on tie Sunday when Mrs Gu To- GOA him tnat
mar grandmother sas SICK he aiter"aia saw tne od
lady, uressod aud apparently well. Mrs. Gay.or. nc
q, haa as esd 10 pay sou rather than have seai
begun, Aua hg 4. gever demanded esr.
now MRS. GAyLok ACTED
irhe piaiuun's couDsei then rc,ied, AM alter u
motion " aisnis, the easy, wnicn was denied, the
aes ndxnt caica Mrs Gayor Size stepped w sni,ha,
answer 20 ques ti0ps repsaed ts story sne had
alrea ~ told Ia ner andavt lhis conIraaicIsa Uii-
msun's story In several p-inis sue said nv did not
sranamotber on me gay Le mcntioLc., aud
that demand Tor $l2 was drst made. MS she agreed
pay, aud ths piAin sed " settle igr thai sum-
efosssxa nination aiied " shAks hcr testimony III
tne lsasi.
Mrs. smIer tpcn testified TO the three occasions
which mad eli her Of the piaini lbs, c,ased
great por. Wy .escrpLon vi tne way ~ which sho
elected Mr. HertzDors irom her house. 81 w's i.ius
In bed, SICK" sue sad, ''"lsn my granddaughter
& me I0.d me mat no mad demanded SIS. and
vas 50 ,aa,, ..at tna. ~. rsn' Up ana put On ny
odd ne gof' asked AIR. kiuizing.
"No. Anu 20 put MN ou.''
'.Dd you take hold VI nim 2"
Yes; / LOOK MIN by he collar as n lady ought o
take map wnep size Is gong 70 put nim out Of her
house."
versaiion passed b tive her anu dertz erg lhis
asioa WIS not 10 oe shak Dy IAN,
and Ar. -Oi mon herlzDrrg was accordingly called
anu Questioned As W i,s All ayt Da sne nia On tHt
iold aim inst sac aas -oihe 10 ieavs tne cy
ana vas 80. gong 10 py n,.n .. her !" Id'ora OF
ms adavu tnai the aitnchment vas issued, anu she
deuicd the convsrAiion and aeuied also thai
owed auy money.
LIrrLs DIscKEPaScI.s,
Sir Herizpefg s"vfe ~ us 90 IAi tory With some
aad vln,ons lie SAL she ,ul. d IN
sha was uoing awsy ANA Was NOS gong 10 Dsy Bm
or her landlord aDd ns saia tnat wHeu she pul hin
OUT she 'jaooered wuofc row o. words" wasn
words were mostly aUus We ann Nc vas yvsea 10 hod
her nauas ~ Keep her IRON triking nim he dnittcd
on furthr questioning tnst Oh tnis occss,on ne had
tod Mrs. Ca, Tor mat he had ir papers for alteh
ment IN hs Locket, anu ba offered t. take mortgage
on the turpiture as security Tor bis cjaim.
As WAS ON The strengh of his Iii iav to tho CIR
cumstances oi thls occasion that ,nv uach meat bad
Issued this admission causeu a roGsideraO'c SIR.
Even he Juage seemed excited, ana alter p1nnR Tue
witness down to tns slate uan he hall rose from his
cha,r aud sid, s'ssniy, "New, now, Mr. Man, what
grvunus dii you We o All at Achment II that iinsYf
ln0 witness expluiuoI, lamuly O.
no ground. Hs nad gone VIII his partner 20 me
Fifty seventh street Court and had tried To get
tschment, but II had bson denied lie did not know,
he saii, whore the papers were nor what lawyer mad
drawn tnsm. His hs.itaucy ana the nature Of his
pianation was paiu enough, settled tnc cass espc
ANY as after explaining THIS original effort TO get
attachmenI he saiu tnat he had not intended doiny
90 until alter bs was cJccted from the house.
Mr.. kintztng, however, called one moro Witness
Leo HertzbsrR, tho Dfo;her Of solomon, who, under
Keen questioning, admitted that ne had accom-
Mr. Unnann IN the character Of u lawyer, ana had
tried 10 intmidsts AIRS Gaylor by advising UlImann
Ia her presence nst 10 break open the doors aud then
10 get an attachment.