The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-09-16
CLASH OF THE RECEIVERS
More Orders from Court in the Effort to
Swtraighten Iron Hall Affairs
Indictments and Dismissals by the Grand
Jury-Wife-B Beaten Heavily Sentenced
Other Court News.


instructions from the court. The first pc
tition shows to the court that the receiver
10 informed that receivers have been ap-
pointed for the following branches In the
State of New York: Nos. 112, 143. 239 and
s009; thatO. VI. Shedd is receiver forBranch
.ll2. Frederick Boos of Branch 143 ana Will
ct +. Hoysradt of branches 239 and 1908;
hat each of these branches. except 239.
have reserve funds in their hands, being
the property of the Supreme Sitting,
which, under appointment and by
virtue of assignment came TO the petition
or. He declares that Mr.. Justice Barnard,
Of the New York Supreme Court. appoint
ing these receivers. has that
the receivers so appointed Tor these
branches remit TO this receiver the reserve
funds IN their hands due to petitioner, pro-
yided this court would allow his receivers
TO retain out of the funds the sun of 500,
to be charged ratsbly against all the re-
serve fun IN the branches.
Upon this petition Judge Taylor made
the following order:
Now comes James F. Failey, receiver herein,
and files his petition in the maj ter of Branches
liz, LAB, 239 and 1909, in the State OF New
York, And the court having considered
III same. and being duly advised In the prem
fses, does now allow the petition. and hereby or
ders aud directs the receiver herein TO arrange
with the New York supreme Court and the re-
tIANC u SAM IAntbC w III ~ W. CIV
receiver OF Branch ll2; FREDERICK Boss, receiver
OF Branch No. ll3. and Willett f. Hoy sradt. re-
ceiver OF Branches 10 and 1909. to the enect
that II and when they shall account 10 the re-
ceiVer herein for all of the reserve funds in their
hanas, and assessments. II any, in
fSrS NAME on ~l aug. %. 1857 esoea as modified oefhs0I
by the subsequent order Of Aug. 30, 1892, and
such receivers for said branches or said branch
shall remit 10 the receiver here the moneys due
To him. as above provided. less 500; that then,
In that case. all the members of each OF sail
branches shall he entitled to share equally with
the other members of the order in the distribu-
ton OF funds hereafter TO be made. as provided
Tor In the order aforesaid appointing the receiy-
er. And the receiver herein Is directed to send
q certified COPY or this order to each OF the re-
ceivers aforesaid. and IL empowered To DO all
things necessary 10 accomplish and carry out the
purpose OF this order.
The second petition filed set forth that
after the appointment of the receiver by
Judge Taylor one Moses X. GlInes. in the
New York Supreme Court. in New York
comfy. against the Supreme Sitting. and
that after some proceedings were had In
the cause George Il. Glines, OF New York
city. was appointed temporary receiver by
Judge Morgan j. OBrien; that Gllnes gave
bond and qualified. and now asserts that
be is receiver OF this defendantin the State
OF New York. and is the only person au-
thOrIzed to receive the money Of the de-
defendant held or owing By any person in
the State of New York. Tho petition also
sets forth that on the 18th day of August,
1892. Sherman b. Mosher began an
action In the Broome county courts.
In the State of New York, against
the Supreme Sitting for the appointment
or q receiver. and that process was served
upon Supreme Trustee g. Z. Thompson, of
Binghamton. n. Y. An order OF court was
thereupon issued. enjoining all PERSONS
from bringing any actions against the Su-
preme Sitting. and on the 9th of September
the BInghamton Trust Company. of bing-
hamton, was appointed temporary re-
eeiver by Justice T.. Il. Martin, who or
dered that the defendant, it's officers and
it's agents. and subordinate branches with
in the State of New York. deliver TO the re-
ceiver all the money and property of every
kind belonging to the defendant. 1t being
brought To the a64ention of the New York
pointed q receiver, Justice Martin
made the following order: 1T is fur
Their ordered that the question Is TO
whether the receivcrship herein shall be
ancillsry to the receivership IN the state
Of Indiana be and the same is hereby ex-
pressly reserved and held in allegiance for
the future order Of this court in the prem
ises-"
A.. C. Harris. of the counsel for receiver
Failey. has just returned from New York,
where be was engaged in an effort to BRING
about some kind of a compromise between
the two receivers there, but failed 10 ac-
complish any thing. The attorneys for the
c~Ontending courts IN New York viii bring
Ill hCLlO0 III Tue Supreme COuIb Vi tnut
State to determine which of them has
jurisdiction. Receiver Failey 10 informed
by his attorneys that by virtue OF bis ap-
pointment, and the assignment to him by
the Supreme Sitting of Its title to the re-
serve fund. the title became vested In him
prior to the commencement of either of the
actions in New York, and he has for this
fsasOn decided TO become q party 10 either
of the suits, or take any part whatever In
the controversy. and asks the court for IN
structiOns.
Phe court sustains the receiver in his re-
fusaI to become mixed up in the New York
controversy, and instructed him not to be-
come a sparty to or take part. In any way
whatever. IN theNewYork trouble. The court
reiterates Its orders In regard TO the pay-
ment or assessments. n instructs the re-
ceiver to Immediately inform him as to
what branches. If any, fail to comply with
the previous orders by Oct. II. and the
court will then make that further orders
are deemed necessary.
The Grand Jury's Work.
The grand jnry yesterday made their
September report, which is as follows: Num-
Der of witnesses examined. 1877: number of
indictments returned. IS; number of cases
continued. 8; number of cases dismissed. z.
AS usual. il visited the county jail, work
house and poor-farm. and found taem in
coinmendabIe condition"
1T reported tDhb III nBu investigated the
charges of assault and battery with intent
to murder against John O. Sullivan, as
sauit and battery with intent tos murder
against William Holden. grand larceny
against Isaac Clark. grand larceny against
Charles Corners. petit larceny against
Richard Melvin. and found the evidence in
sufficient TO Indict and recommended their
discharge.
The following indictments were re-
turned: William Edwards, assault and
battery with intent 10 murder; William
Baker. assault and battery with intent to
murder; Lon kessee, grand larceny; Will
lam Cain. burglary and petit larceny;
George Wilson. assault and battery with
intent TO murder; John Thomas. petit lar
ceny; Oliver Martin. grand larceny; George
Fultz. rape; Jesse Linson, grand larceny;
Jesse LinsOn, petit larceny; Carrie Neal
lister. petit larceny; William Clements;
petit larceny; John &. Williams, petit lar
ceny; Littleton Blot. petit larceny and
ENLIGHTENMENT; Erastus Mccarthy, incest;
William Meyers. petit larceny.
Supreme Court Argument
The Supreme Court yesterday made an
order providing for oral arguments as fol-
lows: Brewer, Auditor. VS., William X. Nc
Clellan, Oct. 5; Chandler VS.. Jessup, Oct. q;
Hecht, Administrator. VS.. Ohio & Missis-
sippi Railway Company. Oct. u; OHIO *
Mississippi Railway Company VS.. Heaton.
Oct. l.: OHIO N Mississippi VS.. Hansbury,
Oct. "a; Snyder VS.. Jettons. Oct. 90; Hacht
va Massey, Oct. %; Constantin VS.. East ct
al, Nov. ?; P~ennsylvania Company va.
Sears. Nov. 4; indianapolis. Decatur 4
Western VS.. Sands ct al, Nov. 10. The court
has over one thousand cases pending. A great
many cases are hanging fire which. unaer
the law, belong 10 the Appellate Court