The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-08-11
THE COURTS.
RecOmmitments by Police Justices in
Abandonment Cases.
BANKRUPTCY ADJUDlCATlONS
Four Sons OF the Flowery King
dom in Trouble.

Charles II. Ansert was recently committed by Judge
Kasmire a charge OF abandoning ms WIFE, HIS
counsel, Mr.. Willism F. Howe, sued out writ OF
nabeas corpus in the case, and on hearing before
Judge Daniels the supreme Court, Chambers, the
prsouer discharged, It beng shown that he
could not be held under the commitment. which was
irregular. Subsequently Judge Kusmire had Ansert
earrested the charges, reopened the case
and, after a Reorganization, recommitted him to
prison. Again Mr.. Howe obtained another writ Of
nabeas corpus and the case was argued yesterday be-
lore Judge Van Brunt, holding Supreme ooari, Cham
IL VAS commended by MI. Howe that Judge Daniels
adjudication OF The under the statute IN re-
gard aban binding tor year. anu that NO
police mag rate statute, had the right to
recommit upon the same cnarge until the year pre-
scribeu had terminated He therefore, insisted that
the prisoner should be discharged
MaJor Root VINO appeared on behalf oil Inc CON-
mssioners oil Charities and Correcuon strcnuo usly
opposed the application 10 discharge the prisoner He
cotended that the Court hau right 10 adjudicate
case Tor the reason that The statute OF
1860 gives TO The Court OF SPECIAL Sessions exclusive
OF magistrates 10 sucn cases. and that before Apply
10 the supreme Court IL must be shown that this
remeuy had been exhausted
Howe argued that In all cases the writ oil ha-
beas corpus remains The passage oil any statute 10 the
contrary Notwithstanding, and leaves unrestricted
the right to inquire into the legality OF any commit
ment
Judge Van Brunt held that the points raised by Mr..
Howe were Well taken and directed The discharge OF
MAJOR Root gave notice that he should appeal from
the decision by certorar TO the Supreme Court Gen.
eral Term.
DECISIONS IN BANKRUPTCY CASES.
An application was made in the United States Dis
trict Court oil Isaac Bumenthal, bank
rupt, for his discharge This application opposed
ground the bankrupt falsely that he
indebted 20 Samuels in the sum Of 81. 200;
that he did not disclose the fictitious character OF
Samues' claim 10 his assignee, and did not keep
proper books On the FIRST Two grounds Judge Choate
holds tina the allegation, but
sustans the last objection, aud in doing says the
rule Withholding n discharge for default OF proper
books OF accounts, though II may work hardship IN
Individual cases. Is doubt Wholesome general
effect, in this ne iees bound TO sustain the
objection.
ln the matter of the bankruptcy proceedings of
Kiliiam Ettlnger, motion recently made be-
fore Judge Cnoate OF the United Staes District
Court, TO compel the bankrupt to pay over certain
moneys alleged 10 have been collected ~ him anu
not accounted Tor The sum charged against the
bankrupt III this respect S.. 1879 ST. but be ad-
mitted the receipt Of only $54e "a. aud this he
claimed 10 nave paid out tor The benefit OF the estate
The Judge endsred decision, yesterday, IN which
nods the bankrupt liable TO account Tor $637l 49,
having received by him within three weeks OF
the date OF uiiug the petition IN bankruptcy. The
bankrupt is allowed, however TO give further test-
mopy IN explanation OF these moneys PROVIDED ne
gives security 10 abide the order OF the Court.
A motion was made IN the matter OF Henry s.
Wells, bankrupt, TO confirm the composition OIL the
creditors with the bankrupt Several object were
urged Dy certain creditors. among Them being an OBJ
Jecuon that the estate could pay larger percentage
composition. JuRe Choate thinks TINS last OBJ
lection that will not unless very cieary
out aud unless the disparity Is evident. He
say that tins IL shown, and therefore, con-
firms the com DOS itOp.