The New York herald., 1879-09-20
"HARD TO SERVE"

THE TROUBLE WHICH MR.. PHIpps, OF MADISON
AVENUE, GAVE TO AN ATroRNEY-cAPTURED
AFTER LONG CHASE.
James L.. Phipps lives handsomely at No. 239
Madison avenue. Formerly he was senior partner IN
the brewing firm Of Phipps. Evans IL Co.. whose
business was conducted at Hudson. N. Y. and on
Hudson street, this city. The Arm got into financial
difficulties and, according to the statement OF MI.
Phipps' counsel. Mrs. Phipps owns the property on
Madison avenue while her husband is entirely with
out means To the public Mr.. Phipps is best known
perhaps as the executor or the win Of James D.
Ingersoll, which was contested and denied probate
by Surrogate Calvin year ago. The deceased went
to Florida last winter. where he met Mr.. and Mrs.
Quipp. and afterward returned to New York in
their company Ingersoll soon died in their house.
He had lived in Cambridge, Mass. and his
only relatives there some nephews and nieces.
to whom. about two months before his DEATH he be-
queathed his estate of sl70,000. few days before
his death he made will. in which Mrs. Phipps
was made the sole legatee and her husband was ap
pointed executor. In his order refusing to admit
this second will to probate Surrogate Calvin declared
that Ingersoll not of sound mental condition
when he made the will Mrs. Phipps had testified
on the trial that the mental faculties of Mr. Inger-
soil ut the time OF his bequest wholly un-
clouded. and the ruling of the Surrogate has been
NOT EASY TO CATCH.
So much for the Ingersoll will. But Mr.. Phipps
has another burden on his mind. He became
involved some years ago in some patent operations
with Colonel j. D. Mowry formerly chief of staff of
one of Connecticut's Governors Colonel Mowry is
now engaged in manufacturing carriages at Nor
wich, Conn. On the 10th OF last October he got
Judgment against Mr.. Phipps for nearly $4,000 in
the Supreme Court OF this county. which, after the
expiration of sixty days. returned by the Sheriff
wholly unsatisfed. Counsel for Colonel Mowry got
an order to bring Mr.. Phipps before the Court on
Run
be served with summons. j. S. Macdonald the
compainants counsel. says he resortcd to every
sible means of reaching Mr.. Phipps but to no good
purpose. Mr.. Phpps could never be caught going
to or from the Madison avenue mansion, and it
from Dr. Marcy. Of Fifth avenue, which declared
that he victim Of epilepsy and was threatened
with softening of the brain,
"If we could have got through the first door it
would have been all right. but the law would not
justify our breaking in the front entrance said
Mr.. Macdonald in speaking OF the case yesterday.
$50 at last got another order from the Court
which permitted service by mailing copies OF the
order and summons on the front door of Mr. Phipps'
house. and by sending him other copies through
the mail. He did not appear to answer even then.
so we got another order to attach his person for
contempt Of Court deputy sheriff tried to exc
cute it, but could not then learned that Mr..
Phipps at what is called Green's Farms Connec-
ticut, where he and his wife bought piece OF prop
erty for S3O,c0O."
ACT SECOND IN coSHEcrIcuT.
Sheriff Damn. of Norwalk, and Judge Deforest
went to see Mr.. Phipps there. but found him sup
piled with certificates from DR.. Hubbard of Bridge
port. and others that his removal from that house
would be homicidal. The sheriff told Mr.. Phipps
he would not disturb him that day. but would call
on the next day with carriage He did SO, but Mr.
Phipps had found wings. "The Connecticut Sheriff
came to me- said Mr.. Macdonald. 'and we
searched for Mr.. Phipps in New York. We failed to
find him. and on Tuesday last went to Green's
Farms, and from thence followed Mrs. Phipps to
this city. l traced her finally to No. 1l3
East Fifteenth street. the house of Mr.. Cox.
brother-in-law of Phipps, where found our man
at last. and Deputy Sheriff McNicol took charge Of
him. am informed that he has since given bail in
$4,000. At any rate the case will come up early
next week."
Mr.; pniPps counsei Is francis nc; =. head, whose &C
with that given above. He asserted, however, that
Mr.. Phipps had been weakening mentally ever since
his failure in the brewery business and his ply
sician. his family and his friends thought him in
condition to undergo the excitement Of examina-
ton in supplementary proceedings.