The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-08-30

The Suit Against Him for TWENTY-FIVE
Thousand Dollars Damages Judge Barnard
Says IL Is n Case or Fraud-The Court Salts
fed that the security Given by the Plaintiff
il Manufactured.


The Brooklyn Eagle Of Monday has the
above heading to the article following con-
cerning q gentleman who was formerly q
weil-known resident OF Richmond, and
who is affectionately remembered by many
OF our worthy young men who were his
pupils in the English and classical school
which he conducted here:
In the suit OF Thomas }. Noblet against
the Rev. R. ii. l.. Tighe. to recover S25,-
600 damages for alleged false imprisonment
and the alienation OF the affections Of the
plaintiffs wife, motion was made this
morning by the defendant to increase the
( security given by the plaintiff on procuring
IN order Of arrest against the defendant,
or for such other relief as the Court might
deem fit.
The plaintiff attempted to get a post
ponement on the ground that Cornelius l..
Allen, one Of the attorneys for the plain
till, was acting a. county Judge OF Wash
ington county, and Harry A. Allen, the
other member OF the firm, was sick and In
/ hospital.
Judge Barnard, before whom the motion
was made. asked for the facts.
| Mr. Wallace. in behalf OF Moore, Low &
Sanford, counsel for the defendant, replied
that the persons given as security did not
exist. 1t was most outrageous case, in
which the character OF clergyman OF high
standing was baSeIy attacked. The plain
| tiff ought to be held to strict account, for
it was evident that the bail was fictitious.
| Eight days' notice had been given OF this
application.
! The gentleman appearing for MeSSrs.
Alien moved to dismiss, on the ground
/ that the remedy asked for was not in the
/ Code. 1t fixed the undertaking at $3.50,
and the Court could not increase it.
! Judge Barnard That comes up on the
merits. Do the papers show that there are
no such persons rs these bondsmenI
Mr. WalIIce replied that they did. Mr..
/ Thorneley. the attorney Of record, dcpo>cd
/ that Mr.. Tighc was arrested and gave bail.
/ ON the plaintiffs undertaking appeared
/ the names of Conrad Fleischman, OF No.
4lC Union avenue. and owen Kennedy. OF
4 No. III Putnam avenue. Brooklyn. The
name OF neither Is in the directory, and
/ dcponent bad failed after diligent search 70
/ find any such persons. No. 3j6 was the
highest number on Union avenue, and no
| tradesman near knew any such person a.
/ FiciSchman. Al No. 11f Putnam avenue re-
sided Edwin Bclcher. who had lived there
for twelve years and owned the house.
During that time no such person aS owen
Kennedy had resided there. ON being re-
fcrrcd TO Thomas Kennedy, slloon-keel'-
or mt 100 Putnam avenue, he said the only
owen Kennedy in this city was his brother,
and he was in the United States army and
bad not been in Brooklyn for several years
Judge Barnard: | will make an order
that the plaintiff give security in $1,000
II looks very bad. ii the plaintiff law
ycrs have done this, they ought to be at
torneys. no lawyers. As it appears to me
now. il is a ease OF fraud. My opinion l.
that there are no such men. In suit OF
this kind $1,000 is little enough to cover
costs. The security must be given with
notice.
Mr.. Wallace said he thought the case wa'
one i'm which n bench-warrant should be
issued.
Judge Barnard: The trouble is to fine
the men. II it is true, some one ought tC
be punished. Ii the attorneys have set VI
two unreal parties, the attorneys ought tC
20. see nothing else that you can do eX
cept to apply TO a magistrate for a warrant
for these men, or TO the General Term tC
dsbar these attorneys.