The New York herald., 1878-08-08
AUCTIONEERS EN0LUNENTS.
Seizure OF Furniture and
What Came Of It.
PLUCKY MRS. GAYLOR.
How She Resisted Marshal and
His Hirelings.

There was told yesterday morning in Justice Ged.
ncy's private room at the house OF the Eighth
judicial district story Of missdvcnture that sur
prised even that stald gentleman, used is the
curious tales that are common in district court
rooms The OCCASION a motion to vacatc an order
OF attachment aud the was apparently simple
one Ulmann Hertzberg. auetionecrs, OF No. Ill
West Thirtv-sixth street, had sued Mrs. Deborah
smlsr. OF No 2O6 West Twenty first street, Tor SIS,
q cum which they alleged was tnem for commits
sions and expenses sale which to have taken
place on July 20. On the strength Of affidavit of
Hertzoergs to tho effect that Mrs Smiler mad told
him tnat she was going away and would not psy any
Of her debts, attachment had been issued aud
tain furniture had been taken from Mrs. Smiler's
house on Wednesday OF last week by City Marshal
Leubuscher.
Thus lar the plaintiffs; but when Lawyer Knitting
arose and informed the Court that 1t had been im-
posed upon, and presented . bundle of afndavits
charging the plaintiff with monsrous course OF at
tempted cxtorton and with perjury, the Judge pom
dsred. Whom he furtner, and described the
cumsancss attending the seizure OF the furniture the
Judge looked again the papers and sald he remem
bered that went through West Twcnty-hrSt street
at tho time stated, and that he know personally that
there had been grcat excitement In the
He then asked tho parties were ready TO 60 10 trial
wnh the case, and The defendant proved 10 be even
anxious 10 do MIR. Solomons, however, tho coun-
sol Tor the plaintiffs, urged that he taken by
prise ana wanted time to examine the papers served
on him. THIS request the Judge deemed reasonable,
saying that If the defendants story were true there
had been gross outrage perpetrasd, and behooved
the Court 10 give time Tor the plaintiffs 10 prepare.
THE YAcrs ~ CASH
From the papers in the case, which are somewhat
voluminous, ana from The defendant and her wit
the that led TO the suit learned
fully as possible without hearing the otner side, who
refused to have anything 10 say at present. Mrs.
Smiler Is an elderly widow, with large family, who
has for years taken pride in tho handsome appoint
ments OF pleasant home, but who fot constrained
recently TO rs,rench in her manner OF living. she
therefore advertised IN the HERALD some TWO weeks
ngo, that she would either let house furnished
would dispose OF her furniture. In reply 10 this
vertisemsnt Mr. Ullmann, of the plaintiffs, called
At her house on the following Wednesday. Mrs. Ada
g. Gaylor, the defendant grandd aughter, who in
habit OF attending to the most OF her grancmother's
business anu who lives in the house with her. received
Mr. Umann and listened TO his proposal TO sell tho fur
uure by auction Mr. Unmann, she says, represented
10 her, when sne asked nm about the responsibility
0f his frm, that he aud his partner were regularly
hcensed auctionesry and had furnished bonds the
Mayors office TO the amount Of $l4,000 Satisfied
with this, she agreed on behalf Of ner grandmother
attor consulting her, that tho sale should be made
July 20 The arrangement was not made until Sa,ur-
Inc Z1th, ana Oh SUNDAY Messrs. Ulmann HertZ>
berg took ao inventory OF the furniture to oe soid
They dia not prepare auJ printed catalogue, however,
and none OF the furniture was ticketed.
AN ENERGETIC BUSINESS
On Sunday night Mrs. SIniier was taken su 1denly
and seriously I'll, aud Monday morning, at eight
O'Clock, when Mr.. Uilmsnn appeared " make ready
tor the sale, which had oeen advertised Tor ha- past
ten A. ~. Mrs. Gayor told him that II would have
be postponed on account Of her grandmothsr's sick
ness Mr. Umann remonslrat ted, anu $50 is cbargxd)
ad he wouiu hold the sale II nc had to break opon
lhs doors to got IN. hrs Gaylor was nrm. Mr.. Uli.
II Mre. (,uv flor
said sho did not how. The sale, promised.
would come on by September ! IN any event, and
mann rcJoined That In any event lie must DO
mDursed In the sum ot $l2, which he had spont Tor
bo paid, and told him TO come with receipt our
o'clock and ne would get his money. At length Mr..
Uimann agreed 10 The postpoDement and left tno
house. ltle later he returned, ana AS the servant
refused TO ADMIT HIM account oil the excitement
that had prevailed when he was first there Mrs Gay
lor says tue street was tnrongsd with people who
come to the sael, ne sent word to Mrs. Gaylor 10
happened TO be in tho house, and Mr.. Umann SAID he
bad reconsdered tho matter and would settle for
lets nsn $50 Somewhat startled. and altogether in
diRnant, Mrs Gsyior responded that no such money
would 10 PAID She sustained by firm convc q.
ton that her grandmother would indorse her pos,on
but Ulimann urged ner TO 20 inside consult Mrs.
Smiier as to the sum which she would agree to pay
III compromise This she would not do, and Ulmsnn
retired again. Mrs Gaylor then, expecting from Mr.
Ultima nn's manner that thore woula be more trouble
went to consult hrst her grandmother and then her
lawyer.
While she was out the other partner Mr. Hertzberg,
sssayed tho management CT The AFFAIR. He, too,
with any one, caiied again later In the day, when
Mrs. Gaylor had returned from the lawyers. Nr.
,ers iha. Mr. Uiimsnn had taken. ana was convinced
In hs mind that SIS was the worry least shat could be
regarded as an equivalent for what his firm had done
and what they had not done. Mrs. Gaylor told him
with some Indignation that NO such money would
be paid, ana Mr.. Herzoerg produced handful OF pa
pcrs which he shuf1ed over. saying that he had an
attach nent Ier tho iurpuurc, ana could and would
compel The payment SIS Mrs. Gsylor demanded
10 zee The attachment Mr. HcrtZberg rciuEed TO
show IL, out offered 10 take mortgage the
ture as sccuriiy Tor MS CLAIM
This conference had taken place in tho hall In
back Mrs Smilcr lay III IN bed clad ghily n
wrapper, ana lhat only Mrs. Gaylor stepped into the
room and tod her grandmother oi the last proposi-
tion oi tue 1rm and that lady arose In great wrath
Appearing suddoniy before the astonshed Herzberg
sue said tnrte words, Leave nv house" hr. terlz-
berg hesitated aud SAID he intended 10 leave the house
All ne wanted at that stage The game Was the urn
uTc. his hesitation was fatal however, for she ior b.
Stricken apparently with CONSERVATION he called eI
cediy for his hat and umbrella, winch were pat out
amer him, and no ie Thercupon MrS Smiler tainted
away.
PROMPT LEGAL NEAsUREs.
"Then tho iun really commonced," said Mr. Kint-
sing, pickng up bundle OF papers and showing that
on the next day Mr.. Hertzbsrg had commenced the
SUIT IN question lor tue recovery oil $7s, and had
piads sn affidavit before Judge Gciney mat he had
demanded rom Mrs. smer The pay ment of that sum,
aDd that sue had informed him that she going
sell out and leave her home, anu .nat sue would
The rent she owed him, nor any Que else ANY hing
that sac owed. On The strength oi this afldavu |
J udge Gedney granted a suit OF attachment Mira
smicr. In her snidavt, swcars that she one
any hing and that sne never saia anytnng 10 Hcrz
berg excepting tue TN ee words quoted ABOVE.
"TLen.' SAID Mrs. Gaylor. eve had lttIe circus at
the house" Mrs GayIof Is AN exceedingly prctty |
young lady, whose b sck eyes alternately snnpped |
viii Jury aud iwiukied win fun us sne told her story.
"lbep came ring at the bell between our and i've
o'clock" sne continued, "snd the girI went to the
area door. stood al The upper door an asked |
hrst Tor Mrs. smiier, then for me- The pirl said
we're out. Then tno man said ne came from Mr. Dar. |
ling to important business. l ,oid her |
didn't knox Mr.. Darling. IL was prvposlerous. The
grI mt length won't to the front door aud opened u
nch or so TO Al once ~ was viocntly showed |
Dp,u ana the girl nattencd out against tue walt
VI course alter that sbo couldn't Keep them out, anu
Ihe two men tntcrcd IL seemed then that there
were two anu difectly there were more than twenty
n arshai Leubuschcr ana his deputy were there and
hey called somo truckip,n Uilmann and hertz
we're there anu they called two policemen Dout
wisn i had taken thsir bumDerst ihen they had q
OF OF men to help, and the house Was overrun with
he horria creatures.