The New York herald., 1879-02-02
THE COURTS.
Pains and Penalties of Wall Street
Speculations.
BUSHNEIIiS DEFALCATION.
Right to Arrest a Man for Alleged
Breach of Promise.

The story Of the defalcation Of william A. Bush
nell. formerly bookkeeper and general clerk Of
Butler. Stillman 4 Hubbard the law firm, and who.
as will be remembered, decamped with $4,000
worth of securities belonging to Mr.. William
Allen Butler. the senior member of the
arm. has already been fully published in
the HERALD, Bushnell, in his confidential
capacity of DO okkeeper and clerk intrusted with
the of these securities and, alleged used the
same margins on his numerous speculatons in
Wall street. Since his flight. alleged. Mr..
Butler has discovered that the stolen securities
deposited with Ernest A. Des Marts. stock broker.
and that Eugene Finck. brotherin-aw Of Bushnell,
also formerly broker. but who has since
lost his seat in the Board of Brokers.
interested in Bushne.l's speculations.
although his interest not monetary.
1t is further claimed that Bushnell had no means to
engage in speculations except the of 81
per annum, which was his salary. and that Finck. al
though well aware of this fact, aided him in his
stock ventures, really experimenting all the ransac
lions. Mr.. Butler has accordingly brought suit in
lle Supreme Court against Finck to recover
The amount of the stolen securities, and
Thursday last obtained an order of arrest
against him from Judge Donohuc bail being fixed Mt
1884, .U0v. The came before Judge Barrett in Su-
preme Court yesterday, on motion to yacate the
order of the ground that such order should
not be issued, upon afdavs setting forth facts
upon information and belief, unless some reason
could DO showI. that the person stating the facts
couid not make an affidavit. Judge Barrett denied
the motion. but with leave to renew on further
papers
THE DIR. ROBESON WILL CONTEST.
Further testimony rakcn in the DR.. Robeson
will contest yesterday before Surrogate Calvin. it
being attempted to prove what is claimed to
be copy of the original will Of the
testator. Among other witnesses examined
was William H. Sage, grandson of DR.. Robeson.
He testified that he business agent for his grand
father in his lifetime and had often read the old gen.
tlemans willkept in drawer in the study; that he
familiar with its terms; that the will dated
in 1865, and he'codic February s, 1870; that he
membered his uncle Benjamin coming to New York
visit to his grandfather in November,
1874; that his uncle took the will from
the tin box in the drawer where it
kept and retained possession of it, that
he remembered on one occasion while he sitting
in the study with the door open he heard loud words
up stairs i'll his grandfathers room and his uncle
say referring to the WILL that he would not stand it
that the will not right and that he would destroy
it; witness then went to his uncle and told him to
put it back where he got it from; that he had no
right to it, and If he not satisfied with its contents
he should wait until after the old genteman's death
and contest it according to law his uncle refused
to putt back but returned to his pocket made
similar request several times afterward but his
uncle returned the will to the tin box; when
ever the witness would ask him where the will
his uncle would reply "It is all right, you need not
be uneasy about it, Considerable other unin-
portait testimony taken during the day and the
further hearing in the adjourned until next
Saturday.