New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-12-27
SEPARATION DENIED TO THE SIMONS.

Judge G,ldersleeve handed down decision in the
Superior Court yesterday. Diminishing the action
brought by Sgmund Simon against his wife. Jen-
ME. for separation on the ground of abandonment.
The counter-clam Of Mrs. Simon for a separation
on the charge OF abandonment also dismissed.
The couple were married IN February, 1885. and
lived together until 1893. when disagreement arose
as to Mr. Simons desire to have his relatives his
house. In April 1894 Mr.. Simon discharged French
maid In opposition to his wife's wishes and Mrs.
Simon then left him, going to the home of her
father. Michael Sampler, millionaire. of one hun
dred-and-thirty-rst-s and Sixth-ave Several at
tempts were made TO reconcile the couple both In
and out of court. but they could not come to
Judge Gldersleeve, in his opinion says that the
testimony discloses desire the Of the wife
again to consort with her husband. The husband.
he says. is equally anxious for a separation. and
fight for the custody Of the two children. lie holds
that the conduct OF Mr.. Simon in dischargng his
as to the reception OF his relatives warranted Mre
simon in temporarily leaving their home for her
The evidence. Judge Gildersleeve holds. fails to
relief she demands I'VE must he CONCLUDES. leave
the here without disposine of the vital issue
We not disposed to shirk avoid that issue.
but consider that II arises only as Incidental to
decree of separation. and that in view Of the con
cluson reached we are without Jurisdiction in the
matter
HABEAS CORPUS FOR BELLEVUE INNATE.
Aaron Kahn representing Samuel d. Levy.
importing furrler. of No. 500 broadway, has OBJ
tanned from Judge Beekman, IN the Supreme Court
a writ Of habeas corpus. directing the authorities
OF Bellevue Hospital produce Levy In court to-
morrow The writ sets forth that Levy was
brought before Magistrate Crane in the Harlem
Police Court several days ago. complaint OF
his wife who accused him OF disorderly conduct
and that he committed to Bellevue by the
Magistrate for five days that an examination
might be made as to his sanity -, -
Mr. Kahn AYERS in the petition that Levy Is un,
lawfully held and that the wife acted as she ga
on account Of spite against her husband, who has
brought q SHIT for divorce from her.
Argument will be heard on the return or the
writ tomorrow.
ST NICHOLAS BANK CREDITORS ALL PAID
The ST. Nicholas Bank went into the hands or
Hugh J. Grant as receiver on December g. 1873. ana
Yesterday lust two years after his appointment, MT
Grant filed his account In the Supreme Court show
ing that he had practically settled the affairs OF the
bank and had paid the creditors 100 cents on the
dollar.
The receiver shows that he has still IN MS pos
session sis o. applicable to the payment OF re-
ceivar's commissions. attorneys fees and possible
dh,idend TO the banks stockholders, as he says
this amount may be largely enhanced by the result
Of pending litigation ,..s g.. ~. 20.
ceiyer for his services but as he says that from now
on he will have comparatively little to 90 WIN the
affairs Of the bank he informed the Court that ne
would refuse any compensation for furtner services
that he may perform as receiver 49, o,r 49, 49,.
Judge Reekman appointed Hamilton Odell as rel
cree 10 pass upon Mr.. Grants report.