New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-10-28
THE courts.
THE AsBURY PARK HOTEL SUIT AT NEWARK
MRS CoLEMAN's EFFORTS To KEEP WILLIAMS IN

THE ASBURY PARK HOTEL SUIT AT NEWARK
MRS. COLEMAN's EFFORTS To KEEP WILLIAMS IN
CUSTODY DEFEATED.
The argument in the suit of Sarah L. Cole
against Frederick T. Williams to recover Sl3OOO
alleged to rave been embczzled by Williams from the
plaintiff while acting business manager OF her hote
at Asbury Park, New-Jersey. was concluded IN the
court at Newark yesterday before Judge Depue Will
lam Guild OF Newark represented the defendant and
c. r. Hnl, attorney for Merritt f. sawyer Of New-fork
represented Mrs Coleman The testimony taken before
master reve wed by the court Mr. Guild insisted
testimony cOntracte1 the adavts in the case
in many essential particulars aud that his client should
be discharged from custody Mr. Hill argued that the
order OF arrest ought allowed stand for about
$4,000
In his opinion Judge Depue was severe and emphatic
lie said that the allegations the adavs submitted
TO the Commissioner upon which the order Of arrest was
made, untrue. These afidav1ts alleged that Will
Jams as manager received all moneys, whereas the est
nOny showed that moneys were received through book
keeper. Another allegation was that Williams kept
the books, when in fact they were in charge of
bookkeeper. Another allegation was that the books
contained balances each year that were not
accounted for when it shown that this was
untrue. Mrs Colemans clerk, who made one OF the az
of Merritt H. SAWYER Mrs. COleman's NewYork lawyer
who drew up the affidavit had assured him that the am
dayit was only mere form. AL the sums SAID Judge
Depue were accounted for in the private ledger kept py
Williams whose existence known TO Mrs. Coleman
This act was either suppressed by the lawyer IN New
York OF by the person who drew the AFFIDAVIT IN aet
said the Judge t does not matter whether or not the
ledger shown was the private ledger In question Inc
fact remained that there private ledger ana hs
was proved by testimony. Mrs. Coleman had In her
possession pass and notes to account FOR nearly all
balances said accounted for by the Defendant
II WIS shown that settlements had been made ana
thar she gave receipts.
Now" said Judge Depuc, " oil these facts were
within the knowledge OF the parties Mrs Coleman and
the bOOkkeeper Reeves and ought 10 be IN the kOW-
edge who prepared the afidayits IN New
York before they made the instruments OF decei
ing a Commissioner OF the New-Jersey ChancellOrs
Court into making order or arrest" The Judge com
pentc1 the attorney Merritt aud Sawyer ana ex-
pressed desire have the latter present IN court %
explain whether he knew the allegations
contained IN the afidavs wrong, or whether ne
was misnfOmed prepared the atilayits too hastily
ln this connection 1 would say" remarked Judge
Depue that members Of the bar OF NewJersey never
prepared their alavis in this loose and careless man
ner They saw their clients understood the subject
ma ter before bringing their mo court That "a
not done in this On these Gidayis an order OF ar
rest was made. aud so arR" sum AZ $1,000 uAed thu
dcpryng citizen OF MS liberty Ia SUIT for debt III
which the exact figures were NOS even sworn TO- II we
take the papers in evidence Oh their face the defendant
has accounted for all tine money he Is charged Win
the had been produced before the
Commissioners he wOul never nave made the Oruer OF
arrest" Alter pr0nOuucug the preceding Illegal me
aside the order Of arrest ana 0sc gen the
defendant VII nclud the taking OF dispositions
/ painful.