The New York herald., 1878-09-12
THE LAST RING SUITS.

ARouMhNT on MOTION TO yAcATE THE ORDER
WILLIAM C. ROGERS.
From time to time, for many years 10 come. there
will probably crop In tho courts proceedings con-
neeted with The memorable gigantic ring robberiss
under the Twoed regime The latest suit growing out
these frauds the brought in the OF tho
people, under the act Of 1875. known the "Adjust
ment Act," against J. Jarvis Jones aud William G..
Rogers, as surviving partners Of the firm of William
G. Rogers Co., and +. Jones Co., the
we'll known ''rng statoners to recover $942 0S9 o.
alleged TO have baon paid to them upon fraudulent
bills for stationery turrshed to tho city and county
AS is well known upon complaint setting forth thcr
alleged frauds and accompanying afidavits, Judge
Potter q few days since granted order
OF arrest against the accused parues fixing the
bail of each at $25O,00o This amount oi bail
they were unable 10 furnish, and as
consequence following their arrest were lodged in
tho proper thing to do. rather to attempt 70
do was TO get the Of arrest vacated and thus
to liberty the languishing captives. Appliea
ton to this effect promptly made by Mr.. Oivor
W. West theiS counsel, and the case came up for
argument yesisrda before Judge Potter IN Supreme
Court, Chambers. Corporation Counsel William q
Whitney opposed the motion. Tho order 10 show
why the order Of arrest should not be vacated
General SchOonmaker, who brings the suit.
Annexed TO the complaint are fourteen afdavts, IN
GLIDING one OF r. ~ Woodward the great "ring" 90
between setting forth the programme OF tho ring
spirators and the adrot manner Ia which they de-
peted the city exchequer 70 the amount OF many mill
ions, Of allegations making up the old familiar
and more than thrice told tale OF those mammoth
pcculationa In opening his argument ME. West IN
sisted that the OF should be vacated be-
II did not state that II was granted on ani-
davits but simply averred that a cause Of ac-
tion appears TO exist, because the defendants
surviving partners,
tore, as trustees. and rs such cannot DO
arrested because It does not appear hat the action is
brought 10 recover money, funds, credit or property
owned, officially or otherwise, for or IN behalf
OF governmental iuterest by municipal or oenor cor
poraon, board, ohcer custodian agency or agents OF
obtained, received, converted or disposed or or that
The action brought to recover damages for 50 obtain
same sna Because e IS brought .
money owned Dy both the city and county, which Is
an action In VIII order OF arrest Is not author
plined at groat length.
Mr. Whitney made an equally ienethy reply, COM
batting with ike vigor the points urged Tor the mo-
In tho course OF his remarks he detailed the
scheme OF conspiracy. alleging that tho city thereby
OF the mouoy putd given to liqudate tho
bills OF the defendants were giveu to Tweed, Con-
molly and otherR He claimed that, as lar as human
evidence could 20, clear case OF fraud had boon
made against tho defendants ana that every requisite
OF order OF arrest had been complied With, and
therefore that tho same should not DO vacated.
'These moneys were Obtained Dy right and by law"
said Mr.. West, Ia the course OF rejotnder TO Mr..
Whitney's argument
"By law, but not by right" interrupted Judge
Potter
swell all have to say is" said Mr. West, 'rf Your
Honor shall the order OF arrest that 4. 30
coupled with the direction that tho be down
psremptoriy Tor trial Hrst Monday oil October,
parties havo been guilty Of the frauds alleged
"We viii accommodate you win al early trial,
smngiy observed tho Corporation Counsel, and after
the Judge tor examination.