Er THE ERIE EMBRACERY CASE. MOTION TO SFT ASIDE THE VERDICT IN THE BEACK FRIDAY GOLD sUIT—AFFIDAVITS OF THE JURYMEN—THE CHARGE OF BRIBERY DENIED. The suit of Isaac 0. Davis and others against Henry smith, Jay Gould, and others, which {8 famibar to the readers of THE TRIBUNE ag the case in which alleged attempts to bribe the jury to disagreement were made, came up before Judge Freedman, in the superior Court,yesterday, pursuant toadjournment. Dudley Field, appearing for the defo ndants, moved to set aside the vers dict on the grounds, first, that the verdict was produced by coercion of the Court; second, that there was some sort of tampering with the jury which prejudiced them against the defendants; third, that the gtenographer’s notes df the evidence (marked by the plaintiffs attorney or counsel) were handed to the jury against the protest of the detendant’'s counsel fourth, that the jury, or soma of the, wore coerced by violence in the Jury Tools frou other jurors. Mr. Field Jrbacmted a separate affidavit of Henry H. Martin, stating that he had been iz ormed that persons called on Wednesday night, just before Thanksgiving, hat three newspaper offices, giving assed and differ ent names, and seeking to have an article wrerted which wnnonnecd that au attempt had been wade to tamper with the jury in the case. The afidavit of Geo. Li. Blarp, one of the jury men, was algo read: He states that on the first ballot the jurv stood mine for the plaintiffs two for defendants, and ope Mr. Davis, reserved, who ail rward changed for Coo plant fa, Mr. Guoson, the forewsu. who at frst voted for tne de fendapts Soall, changed his vole, sud joined the other ten jurors for the plants, Mr. O Bron faced to vicid, sud sald If yon can prove to we that the evidence of Fisk ant Gould is worthless, 1 will view or wonis to that effect; Mr Davis said to (FV Rren. Damn von believe vou have heen approached an the rest have.” he sforvard said, “If he bas heev bribed in a matter of this rind he ceserses to be bung, dua him," or words to that effect; 1 Ins down (1 a little whic, but was 0 liged to get wp and wove about to Keep warn; shout 10 o'clock ou Tharsay we went tothe Court to get a cops of the we uuies. Mr O Brien took them, and «1 one or (Wo others wil por eves them Wi two of three Doura. and Spallr between 1 4nd oeloeh pn. me Jet, aul we went into Cemrt end pave a verdiet for the glad 5 Cov ome spoken of wus, to the best of my recollection, 8 confel heli pal or cometh ng of that sort, It wi oc remembered that a few dave ago Judge Freed via rant dan order direeting James O'Br ien, the dis ulin jurer, to give his deposition to the counsel for He de fCuse, de be used in do the motion to set aside toe nv dict The following is O'Brien's aftidavit: Wome oon heeonng avd told Judge MeCunn we could dot Aire Upon a vePh 3 bao Juny retired agun, and stead out all nigh 1 on met noes be defondants side during the night; the room wus ver eal 1 renf the mov kept themselves warm br taking tv we it wos volent langisge used hy members of the Jury; ehng vas cod abeat “Langmg,” and some of the jury ens ne of be nz br ed by the defcudante; we we vo breabfest next mornig. several of the jary 1 oenr tne wspan rs aod thronzbt them into the jury-roum, and jurors range he re came 1 about 10 0'Cleck, and stated that PARE cra Is dtotie Judie, There is pot sufficient evi ene helops me to br ng ina verdict for the plaintiff; 1 understond the Ju [7 Lurie is evidener ihe Wo then handed the nauates bY fut the consulted again in the canrt-room om othe orate levis eo men, road parts of the evidence: hesnug pores of te evan d concivied to agree about half pust 1 or 2 Cm We Lye one of the urs, was vere violent tow wr} me during the ui “wa threat ning gesintes aul us uz profane Laguage: ro Coe en 1 ne. cone) od with me or olfercd to bi wae of 1D any war Uta uy vedo aacept the words iu ihe Jur) fovit. A NLW DEVELOPMENT. The vest affidavit was a new and interesting ene, since A develops facts which, if true, establish the iranspar ency of the alieged attempts to bribe Wi, L. Davis, one of the jury. by one Baker," ag reported in the worning jonrusis. Alexanier Ro King testitled as follows, Lis “tenet Bea corroborated by Chester O'Neill: Ioreatini oe oak ng Lewspapers of Dec 10 an wcconnt of the testi: mony WL Ihads sient fore Justice Met unm, in this case vw apecting 1 trewpt to bribe Loo, and 1 know that the interview with hin woe ver a terent parpos owe will proceed to state: Ou Sond fee pe 26 he ng Amorous of sscertainiug whether Davie LER bo tw win conte ou With 8 CeTtan §OULR WOMAD, Whose vo tae bier oar tome (tion, ut the honse No. 29% West Tweittu-st.. oc cupred by one Prends'!, ren the young wonsy 8 brother George, 8% Ler Gurren siseove: whether she and Davis vere at that tine iu Phe tons tue brother seturned aud reported to we that he found his Ct pard Toes tore together, and tat Davie left as soon as he was dis on ter eve tog of the same day 1 requested (bester ONLI, woe sr he sat buase With me, 10 seeonpant me to the residence: of If ain Second ave for the purnose of ascertainiag whether Duvis hd Te ured tad cor om wed ts st: 1 athed O'Neill to go with me to t Un toa aoe wid, bonding oe ouisbde, W go mand see f Davis waster We eroore weld Tope her 10 binvis's house, and 1 remained Cour 4 cerier oo toe ork nove bad an taking these sicps y In Sorel the young womsn, and to find out whelier Parit wesc uv nen ar rents with her: 1 know rone of the part in t Ahi 8 Late ue ities bs, directly or Luditedly, in the so-calied (Mr stciey opresed the motion to set aside the ver Alct, read o nuber of allidavits to rebut those of tee detonse Me cated the attention of the Court to the vogmeef Ta by fury: the words of the statute were tat the jury shonld pe kept without fire, hghbt, or vicinal anil they agreed, This statute had never been taeda der rep cod, and he supposed the Court would pot now ag nore it, He teen sabmited ms own affidavit, 0 BH Yidch je aeinies that the Coutt Use d uv coercion, and tho tthe aridov et of GW, Poucher, making such alleka Vion, Is false Ths connsel for the defense did not object 10 the =teroptapher’s winutes being handed to the jury. Mr. Hii hits then read the afiidavits of Lsaae O. Day is, Jann A. Mu Pheyon, ard Jolin Bonner, the plaintiffs, all of whom der vy that they bad anything to say to the Jury, directly or dncireetiy, or that they had any knowledge of HIV Ceri ication paving heen made to them; nor did Jae) AUTHOL Z0 ANY POISON 10 20 10 BDF NEWE paper office Jo liFre Sty arucle inscried an regard to the bribery (Gores Boslorp, one of the jury, makes another afli duvit, in velo he states that nothing was suid abou Paibery in tie jury room until after the first ballot, ald vo throats were it any time seriously made alns O bin adv hitever hard language was used ty» i poferes oo Of breen’s refusing to disenss the evidences end mot to influence his verajet, Mr. O'Brien himsel after poreeing, said that he had at first been mistaken i Jy the evidence, and that parts of the evidenc Verafer Fr Wm RPh Hire KH EF. Phe Mav oT Frederic] Pluie recites substantially the same facts, Jaro OBrien aise deposes for the plaintiff in compli nee wih a other order of Judge Freedman, that nd oie approwhed him ino any way tw influence Lis verooci; amd that he was not cousclou or heii if enc d by anything except the charge of the Judge and ibe evidence, WL. Davis again depores thal be was tot sfaerecd hy anyinng sald or done in the way of bribery. He only made remarks against O'Briv u becanse of lis refusal to argue the pointe, Mr. O'Bricx woil thet he gave Lis verdict of bis own free will. The grid pis of John Beiser and DW, Whitney, jurors, were Lo re nd They recite that O'Brien Was LOU seriolsl) PLN TO The pi wore subinitted to Judge Freedman, whe penc ty edd Sls Ge CoN le IV PPORTANT DECISIONS IN BANKRUPTCY. NH love 1", on the following certificates of the Register poeta of the case of A, Bininger Co., Judge Blately tor! bas wade the deeisions snbioined H I. the undere reed [te sister in charge of the ahove ent tled proceedings, dotwreby eeriiv to tis Court, that 1 did, on the 20th day of October 16] receive from the pssiguee in this case a request to call a third meet. Sup of ervanor, That, ty the maid request does Lot state the reasons why sock reqnest a oiade apgoied to the said Assignee by letter dated the ‘at day of Octo er, 1071 to call at my office snd confer with me upou he wabyeet of mucha cat on, That Trece vel iu moply thereto a letter fom Messrs, barge Seguiek North ottoruevs for the said assiynee, 3 oo hac cer teatng date 1st November 167). That. upon an examiua ton of the acconnts of said assigree on file in my othice, 1 find, so far as ean understand the sane tha no funds heve been received sinee the last d vidend awe ng of the reditors Leld on the 20th duv of March, 137], at wich meeting sn vdond of 6 per cent wea daly declered and paid--save tie som of 0 dl wloch apiears to Le he amount of interest which has ecemed apou the su of #8020 To, which ix pew and was, as I under wand, on depos the United States Trust Coupany st the time of the said last div rend meeting wd meet yet ine condition to be divided swong the erectors. bu dows whe er any further suas were in the Lonisof the sad ooounee and areertuin if the 21) sums so fu the said Trust t onpant coud of be divider wong the ermtitors. 1 did. on the bth dar of Novew or, S071 isaie wo orien to the said Assiguer for inforina vtonon this «bier, Joreph 10 he sal! order. reccived a letter from the amd astorne ss for the sad axsiner on the 3t), day of November, 1871, and on the sae da: aso ree ved from said atioinersa request to cor ify the point to this Court as to wheter I Lad au,uority to make the sad onier, Upon the question of the power of the Regier ta make such an order Te bt that St on 20 of the Act deralves upon the Register the exer. cwofadwrt on neler pee to Further Dividend M owt ox He suould call them if “occasion Fequitox This rakes it bis dus ta 2prers tz nif the eccas on does rey ire t. What ctier weans of worn at oy Las be at comupund {Jf Le cannot order this iwiormation to he given, he Sx powerlons to execute the duty wend upon bun by statate. General Order No. 5 inakes it bis duis 10 “tae procesdiogs for the declaration rad paywest of dividends Dividend meetings are most generals called for ab the request of eredi ors, or iu many cases they would never be calied. Jo such cases credit ox often aver that the assiguee has funds, &e, Tle practice ther Is to order the Jos gnee to fle gecounts from which this fict ean ba nwerta’ned. or otherwise inform the Register upou the subject. When the fact is ascertained the Reaister exercises a discretion —ealling or not cal a wiecting, ax the (2018 WAY warrant, It is clear foam section fhe the necting asked for, pot beiug the fined met ne, sboukl got be exlivd vxcept ior cause shown. Nee case of Sou B, K, p. 4. And Viortuer cont fy tat on the 41h Jay of November just Tom $rved Wii 8 aero Waid wis appended divers printed papers, heing accounts, au lso orth) ro ing the point that itis my dats, br law, to grent the order so pled for, and requesting we to certify the point go raised to the Conrty and] further ceri! that before 1 had «ufBeient time to prepare said coriiieate was served—'0 wit, on the Sth dav of No. vember instar i—w vor ler of this Count requiring me to call a meet 1 goof enditurs or erty the point «o ruined as aforesaid 1 have not been served with a cory of the petition upon whi'l said erde: is founded, 8d ag orant of woat it way allege, Proton chetivice wosaid onde certify that onder Rule No. of this Court suuthe uve iu the ease of Natlan A. Son, |B. R.88 10 is the vooof the Keg ote to ascertan for what puipose the weeling 1s asked, er whotuer there be any fands for distribation That witkoat such infor ation ou the aud ject, eanaot be called gpon to exeicive Le discretion which the act cerolves upon me the duty of EACTCALY Ub ak ebpication of this character. have therefore cited iu the Lope of reece og such infurmaiou, so that I might inteili prot i pase jou the ap pleation, Inthe eae of Lieto) 3B. Rp. 14 Juige Lowell. in steabing of the second and Luin: wee ings of creditors which Lad been bell. rs Ihe meetings io thin cone baviey been called by order of the Cone it aust be presumed that good cuuse was shows (or the action of the vert on Le on HL Aud 1 further ceruf shat from my kuowledge of bis case, 1d from what bas transpired before I do not understand that it is he uo. rpose of the ans ybee. of bis counsel, that a further dividend shoul. be be red ot the Jae ating shed for. But if tie coutTary be slows, or if reasons Lie LN ale wi charecter whatsoever tor cal’ ng vuch meeting he made 0 full sobmgietially grad Lie order amhed for, All of whic 1: spectfulls submitted, LT WILL ass, feyister. y OFINION 0% yup JrioR Pravewrorn J —1 tuk the Beg dor had the authority to make the oruer of Nov. 6 L171, sud sonenr ils vows 11 reg rt Wo th cx] of 8 wird gencial meeting of credo a this cope. Tue Xmrk i condly ths decaivn to tue Register Leaiak 1. W..la Nov. 3) 141 Nolaes, cog. Nov. Ll, ANOTHRR CERTIFICATE. 1 the undersigned Register jn eo of this case do herels certify Corl was ou tie Slat day of October Wrved with a paper requeat Sis we, awoug olier thiugs, Wo sodit and pass certain seeounis ted with doe al ai adjourned second meeting Of ereditons of sa. yerars entote Reid on the vin day of October. 1271, and d'reet the asient of such of the vgly\sutiey nw ho 85 Were not objecied ta The eld Japer Toriten 1 «the perod of 10 divs had elapped since the scoounts were no Bet aud at no orediior had oojectid 1080.0 noCONS, 207 to ayy of gyi; oor. i. TH} sanding claims, ano Liat ther: bad boed Bled with we consuls several erdilon w the paywent of sad cluims Aud 1 further ceri ty that the sad second pr Was 9 aa aforeasid Reis afier sever) ag ourun ents, aud that but one of the ug said eo tate stbended this second weeting—1io wit Mr. Mortimer Addons at 4 aceon: by afurveaid were Bled on thet Cay, aod a dividend desluped Pereesi upon the claims proved; that at the close of the ehecks were drawn aud eouutersigned for the prrwent of all of sald ares Boils Lat the Claios aga ist the paul Aa guee by ls attorueys amognted fo tke Su uf $3.89 05. that hellevivg the said asalguee and bis said $ilararse perfectly jes omible for auy overparuieut that might be pede ldetenuiied to counterdlgn c' eek for the LAyment of #aid claims B* the aid aitors 8 Wun rece vig from thew su affidavit that the ser Cees: 80 ehiiced for hid Sm fact been reudercd, and that they prided? Banh proper wives, snd that the Bn chirged Lerelor was re ovo de oy Lpocper, nut tl respon drafted sock an wii favii fur 1 4 juju ordd aterie wn refumed to swe Foto th LL LBL pr 8 will appear from the ecrtind i Lo" Teui iad by aia LJ with tie Cera of tf Count bab ob tie MD Gay of colar #loiviad 1 ne ved a THE COURTS. Till BININGLLR CASE. not!fcation from aif ptlorners. addressed to tha said as«ignee and wn) self Whereupon, 00 the sane day, 1 wrote s note to tho said assign e, in rep'y to which received on CH 14th day of Oetober afore: sad a letier from the suid assignee; also a letter from Me said atiorneys. Unwillis g to have any unfavorable cousequences follow upon wy oinis sob to countersign checks for the payment of the said claims of said at torpevs, 1 determined, as deemed “the +aid naslgnes. as well as bis ab tor era, perfectly respousible. to wedtensig the said checka in case the said assiguee—with full Anowledge of the fact that 1 Leheved the law to be smeh, that the said claims of said atiorneys would be open to be ob jected 0 by the creditor at the fnal meeting. in case they or any of them shonld elect 80 te obj ct—desired me W do so. 1 tberenyen, ou the 16th of Qotober aforesaid, wrote him a vote in reply to which 1 re ceived on the 17th day of October a letter "hat on the same day I re ceived a paper from several of the creditors protesting ageing Lae suid bits of the ssid attorseys. And baving y from the sud atlorne a a Lote in which they say, Under your extWordinary ruling. that even the Register's own check is no protection 10 an assignee on a fisal acovunt: ing. we should not permit him to pay us any woney even if you onlered him to do 80,” no farther steps in that direction have yet bern taken. And now, touching my duty to sudit ap! pass the saxd socounts'’ prior wo the final meeting of creditors, 1 have been desirous to do so, if it conll be legally dope. The difficulties that present themselves to my mivd are as follows: The fourth section provides that the Register shall audit and pasa sccounts of the sasignee.” Section 24 provides that Preparatory to the final dividend the exsignee sbel) submit bis accomnt to the Ceurt and fle the same, apd give notice to the crolitors of such fling, and shall slso give notice that he will apply for a settlement of bis accounts and for a discharge from all liability as assignees, Ab A tune to be specifed in such netice; and at such time the Court «ball audit snd pass the accounts of the armigues’ &e. 1 find uothing in the Act or General Orders to modify or ebange this pro vison. It seems to be imperative as to time and mruner. The creditors are relieved from objecting at any other tine or under any other cireum stances, an! If so relierod they cannot be bodtd to objeet at aay prior time. or forever after bold their peace. ‘Tue requess to directpayment of such of the sald outstanding claims as were not objected Ww, would seem to imply a duty on the part of the credi tors to object at sach wecond meeting or be precluded of all objection thereafier. But that meeting was cated under the provisdons of section 27. and no notice was given to creditors that the assignee would file bis acconnts and ppl for un settlement of the same as required by section 28. Jt exunot possibly be said, therefore, even if the Register have power to andit and pas ibe accounts at any save a final meeting, that he has power to andit and pass them at meeting at which no notice to that ef ct wa given to creditors. The sttewwpt, therefore, to bind the creditors, thus wi tiont tonoe, ought not to he orged upon th Court. The assignee ought not to be beard to ohjeet that this Court may vot at the foal meeting allow him for sums pail ax eounzc) feos. This wonld be to impnen the touor and integrity of the Court. The presumption at leas’ is that the Conrt. as weil uw all officers of the law, will do its duty. I have uvuslly in similar caves attempted to protect the assignee a we!) as the fund when pasiog claims agaist the estate by taking an aifi duvit of the justiess of the aim before eonstersicning the clocks This wouid perliaps throw the burden v1 proof upon sie creditor oljecting athe final meeting, aud require of hi sowething that would be in the nature ofa surchargug or falsifiing of the claim. lad the atoms) in this case Leen nlile 10 swear to the affidavit as required, it In srarcely pr hable that the cre fins would at the fing] meeting take upon themneives the barden of sarchargiig or fulecond-ave. #47. N.Y Lith. ani Enz. Co sagt. K.R Co. Am. Tontire Lite Ins, Cay M7... Same at. Sue {1 WH. Fibzsimmous sgt. Molen 1801, Cecearmi ep. Ward I on. Bollock agt. O' Bren, Sheriff, 76. .0Owen axt. Law cuce, it Sh. Battershel agt. So omen 1028. Moore a,.t. Laud, "1nd. .Cohen ag’. N.Y. Sewing: 63... McCauley act Gang H Machine Co 192. Pike agl. Gerslym, (1061) Kebott agt. Wright 514..Horn agt. Cannow, 1000§. Name agh Sauer. 08, Joel rn a Fisk, jr. 109), Allen apt. Hawkina, 4675 Mellbinck ags. Godfres. 1043, Middleton agt. Andrews. 1130. .Keberts agt. Ma‘hova Sow. Mebermott agt, nyde. 772. .Eckerson agt. Wastington, 111..Batjee agt. O'Brien. %51.. Parken agl. Washingion lee 405. Blitt agt. Bisby. C Cod, Pagsley ag. Morgan, 0. TE.. Wed agt. Met'n Ios. Co! Maing CourT—TriAL Tei. Pant L—ALKEk, J.—Opeas ab iv ea, Kodgors. 7460; Kroeger agt. DrKahn. jot: APR Tame. £329, FPrederich agt. Seln'ta, i. Randall agt. Loudlow 7440, Hall sgt. McCulloagh. 744. Bravdon sgt. Hartley, To06, Eising sagt. Levy, S44. Oallizer agt. Leainey, 2144. Burn agt. Carriner, Tot, Wallroth sgt. Lerzaran, 8157... Bancroft «gt, Kidd 747. Curran sgt. Kel'oge. 6728... Van Schanck sgt. Underwood, 1112... Davidson agi. Glover. C31. Helkeyer ae’, Bornes Paws H —amxa, J —~Opensat 10a. m, 7130. .8mith ag! Ges Sod Miller sgt, Strauss 7406. MoGovern agh. Rollvagon. 754i. Barry agt. Coughlin, 7529... Lawler wgt. Shylock. 750, Beutheim agt, Klsas, 7166. Muyer agt. Rau. 17 51..De Koster agh Sherlock. 7215. Hubert agt Meguire. 7572. Atha egt. Darling. 7964. Larier agt. Raob, 17503, Wolf agt. Sherob. 731. Linnemann sgt. Baleock. Kaufmann agt. Leavester. Part IL Joa misemy, J —Opens at 10a. m. 6035. Ho!latein agt. Trimble, |#.433, Same agt. Same, 00s. Freese agt. Alyea. (HJbd. Name agt, Same. 749. Whyta! agt Khaw, 7823. .Briegs agt. Fleischmann, #053. Donovan ugt. Fanderson. 7913. Fisher agt. Bogart. 8056. Graham agi. Ulver, 7914, Sawe agi. Same, 8428. Montagne agt. Wise. 8136, McGueker agt. Snyder, 823... Healy agt. Fielder. 8337.. Vandenberg agt. Harrison. Over AND TERMINKR INGRAHAM, J. William Marae, rape. Qumba Appo, felonious assan't and battery; Michael Korlan, felonions »ssanlt and battery: Cunrles Clr hurslary Julius Tabre, false pretepses, Charles BK. Strotter, grand larceny, Fran Anderson, carrring concealed weapons. 4 GRARKAL NEssioNs— Before Recorder HAckrrr, Thomas Berican, barglary; Michael Russe, felonious aeexi't and bat tery; Joseph Flemwe, felonious assault snd batter: Antonio Fulvello, felovious assan!t and battery; Jobo Anderson. elo wus sweault and bate tery; Koun Obuwan, em ement Koun Olimen. vracd larceny, George Kiog.y grand larceny: Charles Burus, larceny from the person; Maury Guus, larceny from the person. City Court Brooguyy, 106. .Rtehbine age. Cunningham 300. Bortic sagt, Whittlesey. 216. .Ktapleton agt. W'msb'gh Fire 9. Johinsci »gt Byrne, Ins. Co. 14... Aduros azt. Allen. 26. .8chneider agt. Christians. 9. Riley agi. Van Fleet, 321..Conklin agt. Finley. Bi... Brown sgt. Mors. 322..Conklin sgt. Inlliston, 56. Nelson sgt. Woods, 141.. Lynch agtl. Jevuer. 235. Phelps sgt. Rehoenenberger 330, Newton agt. Wilson 15). .Bamier agt. De Fiece, 2177. .Mulrenen agt. She ren. 241. .Glucken az. Brady. 213. Parrell agt. Rice. 24). .Grove agt. Thayer. 274. .Pfaller agt. Kienor, 244. Carter apt. Yerby. 254. Miller agt. Brklyn Perry Co. 284. .Fiscuer ag. Brelen, 309. .Beibert agt. Grand-st. R. BR, 86. .Swinviger ogi. Evans. 109. Kvaos ags. (tv of Brooklya, 112. Weitner agt. Goldschmids 136. .Carmau agt. Beach, 12. Elliott agt. Tuck Ar2, Lockwood sgt Kidall, 208, Marrin agt. Doertouer, Co. ..Nash agt. Johnson 212..Ulr ck agt. Eisner, 234. Fitmimmoys w Rink. 73..Ovderdovk agt. Garin, 249.. Brennan sgt. O Leary. 257.. Bullheiler agt. Bulow. 206. Briggs agt. Alexander, 200. Woltart sgt. Bulow, IN, Hart agt. Chapman. 117... Darling agt. Canavello, 434..Brooks agt. Webstor, 327. .Matheig agt. Harrison. Court of Azhonls AL UASY, Dec. 18.