The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-17
THE COURTS.
Vindication of Mr.. Ross in Proceed
ingS for Contempt.
GERMAN SAVINGS BANK.
The Prosecution Suit Against the President Of
Adams Express Company.

The suit Of Daniel Pratt W. Elmore P. Ross has
created great deal Of attention through the
State from the fact that Charles p Ross, the former
State Treasurer, who was the receiver OF the Mer-
chants Union Express Company, was accused OF hav-
Ing been guilty Of contempt oil Court in permitting
nm affidavit which contained faso statement to be
used upon motion in the Of the proceedings.
As will be remembered, Judge Donohue some time
since granted order deciding that such u
contempt had been committed and lining
Mr.. Ross ABA, the amount OF the claim Of
the petioning creditors. The alleged contempt con-
sisted OF AFFIDAVIT OF Mr. Ross attorney, Mr..
Tracey, which had been used in opposition TO a mo-
ton by creditor OF the Merchants Union Express
Company to compel tho receiver to account, and in
which affidavit Mr.. Tracey stated that no moneys had
come to Mr.. Ross hands as receiver. Sub
sequentiy motion made by Mr.. Ross
Tor reheSrng OF the application upon
original application was maoe Mr.. Ross was State
Treasurer and also treasurer OF bank In Auburn, and
able 10 pay any attention to The matter of the
crshp that upon the receipt OF the motion papers he
handed them 10 his attorney without examining them
and supposed that they were simply an application
by a creditor Tor payment; that the affidavit In
question had ocen made by Mr.. Tracey, his al
t0rney, when IN tho city OF New York without con-
butation with Mr. Ross and the belief by the at
torney that he was so familiar with ali the oircum-
stances OF the receivorshp that money ould have
been received oy Mr. Ross without his knowng II.
whe IN fact 10 was ignorant that the latter had
rsived by mail about $1,000; tnat Mr..
Ross had not IN any way concealed The re-
ceipt OF this money, having even informed
the opposing counsel OF having received it.; that he
had PAID away all tho money he had received, and
The tune Of The hearing OF the application had no
money whatever in hts nands that nothing in any
event could have been realized by the creditor upon
the notion and that he, therefore, in way in
jured He therefore, asked that the order adudging
HIM guilty Of contempt might DO vacated and a ref
cree appointed 10 pass hts accounts. This application
argued by Colonel George W. Wingatc,
appearing as counsel for Mr.. Ross, and
W. W. Gage In opposition. Judge Donohue rendered
his decision yesterday, setting aside the order
couvictng Mr.. Ross Of contempt OF court ana rcliev
Ing him from the imputa,ion cast upon him in tho
matter Tho following Is Judge Donohue's opinion -
~ have taken great deal OF trouble consider tho
papers, ana feel inclined TO adopt less harsh
cusion than at first l think that the con-
duct OF those to whom the defendants case
was originally conhded has been, TO say
the least, guilty Of the greatest negligence The
duct Of counsel In presenting the afidavits the
former motion is without excuse, but feel inclined
10 allow tho defendant opportunity 10 put his
properly before the Court. On payment Of the
VI this motion by tho defendant order may be en-
Ierd referring tho to such person the parties
may agree to pass the OF tho and
escrve all other questions until the coming In OF that
.,eport"