New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-01-04

alive and we'll. and has been seen b. many
persons in the Adirondack Mountains since the
date Of the alleged tragedy. The courtroom has
had something Of mountain flavor during the
last two or three days 10y reason of The presence
of nearly twenty Adirondack guides. who. II is
said will testify that they have seen Mr..
Austin In the mountains within the last Two
years.
The apparent weak point in this defence is the
lack Of motive to induce Mr. Austin to attempt
10 cheat an insurance company in So eXtraordi-
nary manner. Nj. Austin supposed To be
Al prosperous business man. lie Of firm Of
shipbrokers, Lord q Austin. at No Is Broadway.
lie had famiiy and was fond of his children.
lie esteemed b. large circle of acquaint-
;nces. and was member If several clubs and
societies. Why man In his position should DELHI
erately cut himself off from all his associations
die. in effect to the world he had known and TO
the world which had known him-is hard 10
conceive. But when the defence has put in its
testimony Mr. AuStinS affairs may be seen
In another light.
All the testimony put in yesterday by the plain
tffs was Of a circumstantial nature To prove
the fact of Mr.. AUStins death. \ copy Of Mr..
Austns will offered i'm evidence but on the
objection of Colonel James. representing the in
surance company. Judge Patterson directed that
the original be produced in court
James \. Dallon. collector and +. T. Latl-
nier. Of Brooklyn. testified that they saw Mr..
Austin ia the water at Manhattan Beach on
July 4. 1891 and that they noticed that IN"
bathcr disappeared. r.. Clark and Frank j.
Lord. business partners Of Mr. Austin testified
as 10 the condition of the business of the finn,
AIR Austin's relations with ii and the unsettled
state in winch he left his affairs Colonel James
cross-examined them closely as to Mr.. Austin's
personal appearance. his guns his love OF hunt
Ing and frequent trips 10 the Adirondacks
Joseph +. Austin. who is a lawyer. testified
that he last sax his brother on July 3. 1891.
On July 5. 1871. he received a telegram inform
ing him that his brother had been drowned
lie told in detail how he went to Manhattan
Beach. identified the clothing and jewelry left
there as belonging - his brother, made vigor
Gus search for the body. visited various morgues
and sailed about The shores near Coney Island
advertised r be newspapers and offered re-
wards for the finding OF the body.
Mr. Austin said that his brothers house was
mortgaged FOR $4,000 when ne disappeared. and
that il had been sold IN foreclosure proceedings
His brother owed the firm of which he had been
a member about $1,000 His brother was good
all-round athlete. excellent swimmer fine
runner and an enthusiastic hunter and fisher
man.
Mr. Austin win again occupy the witness chair
this morning.
THE LAW OF JURISDICTION DEFINED.
Washington. Jan. g. the case Of the Central
Trust Company of New-Yorl, against William Nc
George, jr. appealed from decision OF the late
judge Bond In the Circuit Court for the Western
District OF Virginia Justice shiras, for the su-
preme Court OF the United states to-day laid down
or ose ,bs entrai Trust COMPANY TEMPORARY re
ceivers were appointed in the West Virginia court
for the Virginia. Tennessee ana Carolina Steel and
Iron Company. a corporation Of Ncw-Jersey. the
company conserving 10 The proceeding Afterward
company. asked % have the proceedings set aside
on several grounds one Of which was that neither
corporation was a resident Of. the state Within
which the proceedings brought. Upon this
latter ground Judge Bond vacated his order ap-
pointing receivers in the. first instance and dis
missed the bill Justice Shiras said the court be
low had erred. for the reason that the Zee question
of residence, covered by the act OF lSSs. was a
personal privilege that might be waived. which
lad been done In this case. The Judgment OF the
Circuit Court dismssing the bin was therefore re-
versed and the case remanded for further proceed
ings In pursuance OF the opinion delivered IN
VOWED in this case also. receverships Tor the
south Atlantic and Ohio Railroad and for the
Bristol Land Company
TEXAS AND PACIFIC RAILWAY REBUKED.
Washington JAM Six cases decided
aRainst the Texas and Pacific Railway Company
to-day In the Supreme Court OF the United states
They were all damage SUITS IN which judgments ior
rendered against the company In the courts peiow'