The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-08-10
uIGII-lIANDED PROCEEDINGS
u-s1fcE oEDNEY EVCIrrD WHILE REM
DERINU 4 DECISION



rl .o.' growing out - tho SEIZURE of tho
t.o.ti-. .' We Sriior. az 2oG W,~' Tvs riy-
,..pl -.r,,t. ivy UHuaun 4 Co.. au-tuucrrs
.,,,.,rp ,..t .rinv hrforr Ju-ticc Cicdurv ou
r.ranl, u.,y"r KNIT NIX for tho vacation If
me .t'a.hu % ON which the property was
,,.,.si i,,crus' " fraud and perjury In tho am
isvi- ppr'i u'ury in the On, uy Solomon
r.t2. org UNmnu's uartncr-upon which tho
M. .hr,r' Wa granted 10y the court. John T..
werner. Nno said That hc WIS agent for tie
nr,lor, az TIC hous" o"ruiic Nv Mrs Sriilcr.
i,n.,ei ir 1907 ana inVIt the truth of her AFFIDAVIT
.hai -lr WIS NOT n irltrd to- her landlord saying
Nut she VS. indebted TO- him for one-hali
~ ''" nior'h's rent for July. and al Of the
ron" of Au,usi and that stops had been taken
io1'4'o--.- hor. Lawyer Kft'ine dcroun ."l
h 80 rnHr nj lHyit. explained thnt the a-,nt
l.lh.eu.f. i' In 'u'l ny 10 the mi1G,t. of July
eli. I"l tu iis hands n cash deposit ~ uis
sn..rr ~ s'O3jN-a months rn' which
cover q an That WIS or could boz hue from her
iptH the miid." of Auluet. ut which time she
proposed to wat the uicu' SEES. and called at
ttiun o. tnr "a that Werner W,l- not present
h'o examined.
iu-urc G.ducy p.kod how the plaintiffs
-. 500 Of s7s we made un. rul their lawyer slit
NHt be- th,u..'t tiid it Ms natter which DID
not concern the court. Justice Gedury replied
think it does. think ihat all touching a
on ton OF fao' IN this matter - ~ moment. II
y.ur m.n have pra tired the fraud that de-
f,i.l.it'S counsel states th"y have n he dooa
nOt fiAr some action IN the mater. | shall
ior. II tire statement il true. they nave com
ru'd '.ni - outrageous an action Ne
have been IN tni. court. II that is true II
Tie counsel should fail 10 DO his duty In thu
rr''r ~'s proros. 10 have this thinc 80 sig
na' punished that other justices may nero
III b h' saved IN" nnnoy0n'" and STIGMA NJ
ing nnw,,,t'nsy made p"ties To sub trims.
said 90 know very well that landlords have a
n,rr drvl"" ior holding u months or quarters
rent Hs security. tn npply on ID" last month Of
tn, yrnr and fhrn holding that thev hav,, Tho
right to institute proceedings for diapos 4"s son
r,nn while th'y have that money m their hands
hu uur b'st lawyers question that right
For the i,urpns" NJ nearing oral proof in sup
r'rt Of ihegniinvits. and, II poss hc. reaching
N" truth. the Justice sugg, stod the denial OF
The motion tu vHcate. Ulmann 4 Co.'S lawyer
nhFrtFI tonny other evidence than that con
b,ned IN III" anidavits. Mrs. Smiiers lawyer
~ wllliuE '. 20 On ana let testimony taken
lsupuli"d both IN respect 70 the motion and to
" H'.h uH.'l H., W.'h lssue was nln"d
.'"u'l th@ r"tinn be denied, COMPROMISED
g. tIli- 81 - was Temporarily made. Then
tnmahn ,n.H lawyer objected To going on
n"'nu~" %" hndlords agent warmer was not
tN"r'. Jusii'p Gpdn,sy scni an oflicrrn,tpr him
wph or''ors 10 mako haste and roach MIN before
nhN boeiy cse dil; hut up tu the closing OF the
'Nsr o." oti'e' lid not appear
/. uAonnu testified Tint on Saturday July
% l' called ulon Mrs. Smil"r and induced
rActlon on the Monday following She signed
bank form of authorization. The commits
t"n tiitt s.o agreed To- Iuy was In per cent io-
irih-r with all rt Il of i,ivrrt sing helm A..
pm h. -stimHt"d that her rop"rty would So"
ir $500 The next day Mrs. Gnyior sad thut
.h' so" r"uii not COON h"'ilusr her mother was
u hu 81" after ward rousenu'i Another auc-
li'n""r WIS IN The par.nr On Mon law Mrs.
ruil"r- SON sud tlnaf tur sab. could not 20 on
riitv do inrs WI. then demanded in settlement
lH"~iN mad" M M. claim - he said WIS
tu p'r IT. on what | estimated the goods
iuli nave brought u ! had been allowed tossed
lt"n inn would nave been 500; tn'n 500 rN-
I-nd'd for advertising. tad On, man 10 ns- It
900 fu" sale vino Lot~ 50 % 'lav aud another VINO
~ T. '2.Jp Tni smaller disbursements amounted
Nr- Adal-tta q. Gaylor testified that sh. told
luUann TINT the sat' could not 20 on h.rauer
Scr grsndmHuer. Mrs. Smil.r. WAS M. She re-
fused to uiy the 500 demanded and also the
- druinnl"d aitrfward. Much ~ the iurnl-
inr" m ~" nous wnS h"r-. II was not intend
eel maj II srould b. sold. Part Of II WIS sri7rd
nn IN" ltii"hn"ut PROCEEDINGS. The man who
gr'nand'd the chntt"l mortgage WAS put out tv
Ms. Smiicrs testimony was mainly corroho-
rHiiN" ot h"r grnnidnui,ilt"r. The sab" " -h,
tud did not ~ on. because was very sick.
an subject Ia neuralgia and had a violent at
ti'A On sunday night. Monday tine day stt for
On" -a.tl and on Tuesday. They cam" To- the
honIr lm,k 'ng threats n nr.ak ~ the dc"rs
Hni ~" the sale any way. When H"rHherg told
-h- told me. got out 81 h"d went into the par
lpr and ordered him ont. Ne was slow about
s''lng. ~ took him by IN" collar and put him
out. i"d him 10 the front door. and hls bat
ma hll If'lld were lul OhI OF the WILLOW amer
MN. never said that was going 10 di-pos" Of
Ell my p"rs nll property so that no ono could
tou'h ANYTHING. ANA leave the clty nf New YORK
wlthin short TIM" and did not intend 10 pay
inc landlord or ANYBODY else one cent. Tho
reason for my breaking up my hOu-,' ~ that
90 h9t choos" 10 FISK mourning debts beyond
my ability to pay. My rent ~ .l025O per
month. Here is my receipt for rent paid ~ 10
Iny 10 aud the landlord holds the amount OF
slu2 % of my money as security which pays
iin The last month up t. Aug. 10. SO | do not
Nv" MIN a cent. Had been well enough 10
% | VA ont at ina,
louise AT the end Of July"
Ju-ire Gedncy ordered that solomon Herz-
l"ss hr eNnuined, and lie testified that Mrs.
Snll'r said a. him. wont pay any more rent.
nr pay youa cont, or any one elise. I'm going
.n from here; III see who can do anything
don't suppose" he said, that she said
"shty NE words IN nv AFFIDAVIT hut 10 that
f7'i. She scratched my hands and tried 70
ur. IN. 1ttach nsilt =, l1Ts-srrc got ut
i"' .ni-SrV'nth strcet court. NV partner was
with me, Int the aftdavts were not strong
enough th'n. and We could not get the attach
rent l|l"rs there. ] believe there WIS nm
'la,.i drnwn up: belieyye swwore 10 IT,"
l.unI"tion ND You have 20 make your affidavit
nn rr or 20 that visit :"
Witness with evident trcpidationl- We made
NN oIpilrHiiun, Int our papers were not strong
enough. and It was refused. | suppose my
tls'n"r and myself made affidavits. don't
tiNN Wh'ir those papers are now ! can
lHm''v r"m"u's.r what swor" To then. | am
h'i IN't' SURF that ! swore that she said she
w'- going away from the ciy. although
~" f"uldut pay any more rent think II WIZ
,'i, ~ 'ns,y mt we applied TO. tn att.eh-
" tri strong enough. Then wo came hero
VIZ I'm, niildgyiIs and got it.
'i'e 'li ~ iiwycr, but ndmiited that Mr.. Ui-
no, ,'t'i i,r SO rcprrsenHd him fer The
'nr Iu" 9dvire that he gave that the doors
H,'" l' ut'>'n WAS only threat
''- - 'Nh -'41 tIHt I.Ho II 'rzh"rg advised
''-'.'' h" doors, and she had 20 slnm
.. Il.' and bolt II 10 keep him out.