The New York herald., 1879-01-07
RECEIVER BEDFoRD's VICTORY.
POSSESSED WITHOUT LEAVE OF THE SUPREME
CoURr-How MEssRs GIIsEY's AGENT CAME

HE WILL NOT ALLOW HIMSELF TO BE DIS
POSSESSED WITHOUT LEAVE OF THE SUPREME
coURr-How MEssRs. GILsEY's AGENT CAME
NEAR BEING PUNISHED FOR CONTEMPT.
On Thursday last January 2. ex-Judge Cunning
s. Bedford appointed receiver of the Fifth Ave-
nue. Theatre by Judge Donohue, sitting in Supreme
Court. Chambers, and this, for tho time being was
generally thought to dispose of the Fiske-Harkins
controversy to the satisfaction Of all parties con-
cerned. Both parties declared themselves as being
thoroughly satisfied with the choice made by Judge
Donohue On Friday evening" however. while Judge
Bedford sitting in the box office attending to
his duties. he served by q marshal Of the
Sixth Civil District Court with dispoesess
summons, returnable on Monday morning at
halfpast nine. and the two partners. Messrs
Fiske and Harkins we're also served with notice to
show cause why they should not be dispossessed for
non-payment of rent. These dispossess proceedings
were taken by Mr.. William II. Newschafer agent and
attorney for Messrs Gilscy the proprietors OF the
Fifth Avenue Theatre. Judge Bedford being in pos
session Of the theatre by the order Of the Supreme
Court, and therefore personally representing it,
was not going to allow the Supreme &c, Court to be
manner. Saturday morning Mr.. Charles NJ. Da Costa,
Of Platchford. Seward Griswold Da Costa of coun-
sci FOR Judge Bedford. submitted to Judge Donohue
the following affidavit OF the receiver
JUDGE BEproRps AFFIDAVIT
Stephen r.so 70 s onr. a .ho
l. Cunning s. Bedford receiver respectfully report to
sre,oiore and on the % "a day OF JaI,nsry 1879 Twas
the day the bond required 10 be given by
given s Il. "a
Ss Sn" Signed ss'S y VII" t. kS see ~ tho
Rs'a, ss sixth Saca II ss city York s.
requiring me to forthwith remove from the prem,
@ The & sssss % % Ss y sd o ys%
fore leased from Andrew Gsey and oths 90 the plaintiff
before such Ja.sicS on the q gsnSsry is7
rs S *. '"
sSsa 70 h1v; been :sn.S upSn
ing himself the authorized arcnt Of tiilscy
and s,ns' the Landlords OF tn, premises tho .,a
schafcr agent aforesaid against receiver
landlords by any order Srs had obtained from this
therefore present tho foregoing this honor
able Gour and AS Ms receiver tray Us poaec'ion in The
Court may seem meet to make >,,,, . rnro,n
Subscribed and sworn to before me this Ali day of
January, Is7a-Groncr 7. HAYWOOD, Notary Public.
JUDGE poNoHuEs ORDER.
Upon this affidavit Judge Donohuc forthwith issued
the following ORDER
On the foregoing petition Of Cunning Bedford the
S T.
before me A. Special Term q the snprems Cont 70 bs
January 1879 O'clock in Che .ernoon Or as soon
NEW YORK. Janusry =, 1879.
THE PROCEEDINGS WITHDRAWN.
Yesterday afternoon Mt two O'Clock precisely,
Messrs Da Costa and Blatchford counsel for Judge
Bedford, the receiver, and Colonel Wingate,
counsel for the agent of the Gilssys. appeared
before Judge Donohuc. Colonel wingate cut
matters short by stating that the proceedings 10
dispossess the receiver had already been withdrawn
He said they were brought in q great hurry, simply
for the that the theatre was behind with the
rent and the agent did not know that he was guilty
OF contempt of Court in bringing them. AZ soon ss
the matter brought TO his Colonel Wingac's at
tenton he advised that the proceedings bo ut once
withdrawn He hoped that, as there was no intcn-
tional contempt. and as the receiver had not been
damnifed, the Court would be satisfied with this
panation. and that no fine or punishment would be
inflicted.
Judge Donohuc said that so far the Court was
cerned the explanation was satisfactory and asked
Mr.. Da Costa II he would insist upon fine TO rcin
burse the receiver tor the legal expenses to which
these proceedings had put him.
Mr.. Da Costa, on behalf of Receiver Bedford. cour-
teousy replied that he did not wish to the mat
ter any further and that he hoped no hne would be
inflicted by the Court.
and BlatchfQrd and the legal gentlemen bowed each
other out. leaving Judge Bedford as BEFORE In possess
sion OF the Fifth Avenue Theatre representative of
the Supreme Court.
BEFORE JUDGE KELLY.
When the OF the Mcssrs Gilsey against stephen
Fiske, u. Ii. Harkins and cx-Judge Bodtord, as re-
ceivcr, called by Judge Kelly in the sixth Dis
trict Court. yesterday morning. counsel for the COM
painants asked that. on their part the suit be dis
continued, which accordingly granted. The de-
PENDANTS named had, as already stated, been served
with summonses in dspcssess proceedings for al
Theatre amounting TO sl5oo dne in advance for the
two weeks ending January $. To this suit, indi-
Gated above. cxJudge Bedford in his legal capacity
as receiver. was improperly made co defendant.
without leave of the supreme Court as required by
the law.
RECEIVER BEDFORD A PARTY LrrreAxr.
Immediately following the above proceedings be-
fore Judge Donohuc. and finding the mistake that
had been made in not first obtaining permission to
make Judge Bedford az receiver a party in the ac
ton. application made TO Judge Barrett, in SUI
prcme Court. Chambers. by Mr.. W. n. Ncwschsfer.
.lulF sl., LAT.
for leave to bring the action In summary proceedings
conformity against Judge Bedford the receiver and
Messrs Harkins fske. lessees of the Fifth Avenue
Theatre. The petition was granted. IN