The New York herald., 1879-03-18
MEMENTo OF THE WAR.

Judge Freedman has Just sustained an order Of
rrest in which is OF interest both on account
of the facts and the law. grows out OF the Treaty
of Washington. between the United States and Great
Britain. which, among Other things, provided for
mixed commission to pass on British and American
claims. The papers In the case show that the de-
fendant Augustine r. Mcdonald. British subject.
had claim pending before this commission for cot
ton destroyed by army during the war. To
prosecute this claim he employed the plaintifs.
General Charles E. Hovey and William P. Doll, attor
noys In Washington. d. c., making them q written
contract. by which he agreed to give them a sum
equsl to onequarter of his recovery, and providing
alien upon any award that should be made to him.
An award was nude of about $200.000 but be-
49,. sssianmsnt ~ ns whole c.,r, tls"aa .o da
feat the plaintiffs recovery. Upon hearing OF
this fact the plaintiffs began action in the SUI
Mcdonald and his fraudulent assignee to have their
rights settled and to enjoin the defendants from col
iecting the award In that action order was made
by consent appointing George w. Riggs the banker
Of Washington receiver of half The award, which no
was directed to invest in bonds of the District Of
Columbia and hold, subject to the plaintiffs lien to
await the further decree OF the Court. The detend
Knts that action demurred to the plaintiffs BILL
their demurrer was sustained, and the plaintiffs ap-
poaied but, despite the appeal, Mcdonald obtained
an parte order directing the receiver to hand
the bonds to him. This was done. he sold the bonds
The order, being appealed from was reversed. and
Mcdonald directed return the funds the re-
ceiver. The decree sustaining the demurrer also
reversed on appeal, and in 1878 Anal judgment
rendered in favor of the plaintiffs establishing their
lion to the amount OF $50.000. Meantime Mcdonald
kept away from Washington with the proceeds of the
bonds and his whereabouts could not be discovered
A few weeks ago he was found established in OBJ
Office In New York, and the plaintiffs through
their attorney, Douglas Campbell began this action
They claim that under their orianal contract made
In 1873 they acquired lien upon the award; that
such lien gave them an interest in 1t, making them
part owners: that the lien attached to the bonds
which it was invested and that when Mcdonald sold
the bonds he was guilty of conversion. In addition
they claim that his detention Of the proceeds after
the reversal of the order under which he obtained
them, and the final decree is wrongful detention OF
otperrcnal property under tho code. Upon present
ing the complaint and adavts to Judge Spcir the
Superior Court, no ISSUED order or for Nc
Donald. fixing his bail at 100000. About to days
sgo he was arrested. and since that tmc has lain In
Ludlow Street Jail. His attorney, Charles W. Bangs
made the prescott motion before Judge Freedman on
the original papers vacate the order Of arrest ON
the ground that tho case was not one in which
nrrost could be made In accordance with the pro-
visions of the code. Judge Freedman has denied the
motion to vscste the order OF arrest with $40 costs