The New York Herald Newspaper, March 20, 1868, Page 4

f » THE GREAT RAILROAD’ WAR of the Order Appointing a Receiver. { Settlement ' A New Suit Commenced in the Drew Interest ' and a New Injunction, i The New Injunction Dis- z= regarded. ‘SUPREME COURT—CHAMBERS, Before Judge George G. Barnard. 4 Inre the Appointment of George A. Osgood, Re- betver, éc.—A large crowd of persons assembled in this court yesterday morning in anticipation of a lively time generally and of witnessing some further developments in the great litigation which might with propriety be entitled “Narrow Gauge vs. Broad Gauge, 4&0.” Among the counsel present on the Van- Gerbilt, or antl-Drew, side were Charles 0’Conor, ‘iliam Fullerton, Charles A. Rapallo, Horace F. lark and A. J, Vanderpoel, On the opposing side Wwere David ‘D.' Field, Augustus F, Smith, John E. Burrill, D. B. Eaton, Dudley Field and Mr. Lowrey. ) At half-past eleven o'clock Mr. Clark led off by Moving the settlement of the order appointing George \A. Osgood receiver of the proceeds of the new issue Of $10,000,000 worth of Erie stock, which was Bccomplished on the 9th instant in violation of the §njunction granted by Judge Barnard at the suit of Richard Schell. The order appointing the receiver ‘was made on Saturday last, at the close of the con- tempt proceedings against A. 8. Diven, Vice Presi- Went of the company, who was charged with having bigned the certificates of the new issue. The settle- tment of the order was adjourned until Monday last, ut when the case was called on it was found that Judge Clerke had granted @ stay of proceedings, Betting it down fora hearing on the first Monday of April. The case, thérefore, more properly expressed, fame before the court yesterday morning on the re- Feturn of an order to show cause why the hearing Bhould not be had at an earlier day, | | Mr. Clark proceeded to call attention to these farts ci @ very lengthy address, and, referring to the em- loyment of an attorney named Diven, at Elmira, ‘who appeared as the attorney of record in that pro- veeding, contended that it was done merely for the pune of embarrassing the plaintiffs in their efforts obtain jastice at the hands of this court, And it ‘was questionable also whether Judge Clerke's order was entitled to the respect that was accorded to it on Monday last. At this moment. there were no téchnical im- iments to the court doing ample. justice in the jatter, It was urged thaton the former occasion he defence had not had sufficient time to prepare heir case; that certainly could not be made an ob- Jection now. The gentleman then gave a brief review (S all the proceedings in the other suits in the gene- ‘al litigation, and was referring to the lution of dudge in yesterday's nd the circumstances under which that order was granted. Mr. Clark, after a brief confer- ence with associate counsel, said that he had become Jmpressed with the idea that there “might”? be a “technical impediment” still in the way. He stated that he had just been informed that another injunc- tion had been interposed, granted by Judge Clerke, and enjoining all proceedings in the matter of the appointment of a receiver. He would ask the court, af it were practicable, to request Judge Clerke to (take a seat beside him (Judge Barnard) on the bench, Pr order that he might hear and be advised of the /probable effect and resuit of his action. Mr, Clark hen La a to the various preceding injunctions in ‘the different suits, but more particularly to that granted ou the complaint of William Belden, in hich Judge Barnard had been enjoined, and tracing it through its various phases substantially as Yeported in the HERALD of yesterday, in the argu- ment before Judge Gilbert for the dissolution of the Belden fnjunction. The afidavits of Cornelius ‘Nanderbilt, Richard Schell and other parties who Thad been charged, in conjunction with Judge Bar- mard, with conspiracy, Judge Clerke’s original stay ‘of proceedings was also read, and in regard to it Mr, ‘Clark said that 1t was an unwarrantable interference Dy a brother Justice in this proceeding, and one which ‘he hoped tiis court would not fail to give proper con- ‘Bideration to. Judge Barnard had received his juris- diction from the people who had clothed him with it, and when he had done with that power it was his duty to return‘it to the people unshorn of its dignity end strength, Mr. Rapallo at this stage of the proceedings read the following AFFIDAVIT OF JUDGE BARNARD. SurremME CounT—KINGs CounTy,— William Belden es. George @. Barnard, Impleaded, &c.—City and \County af New York, ss.—George G. Barnard, being duly sworn, saith—That he is not now and never has: been engaged, directly or apne, either individu- ‘ally or in conjunction with others, in any speculation ewhatever in Erie Railway stock or any other stock. Je turther saith that he is not now and never has peen in 7. combination with Cornelias Vanderbilt, William H. Vanderbilt, Richard Schell, Augustus fehell, James H. Banker, Frank Work and others, or any one or more of them, or with any person or persons whomsover, for either Speculating in the stock of the Erie Kailroad Com- Roy or, for that purpose, to affect the price thereof by proceediags in the courts; that he does not know whom the stock broker, Henry N. Sinith, chooses in ‘his aMdavit to designate by the name of the “Van- erbilt party,” and can, therefore, only meet said Smith's allegations that 1t is stated in the newspaper press that tis deponent is in close conference daily ‘with said Vanderbilt party in the said operations, by asserting in broad terms that he has never had any conferences whatever, whether cluse or otherwise, ‘with any person or persons whomsoever, in any Operations, speculations or combinations’ in said Erie Railway stock, or any other stock, Deponent further says that if Cornelius Vander- Dilt, William H. Vanderbilt, Richard Schell, Augus- tus Schell, James H. Banker, Frank Work and others, or any one or more of them have been or are speculating ih the stock of the Erie Kallroad Com- pany, or have heretofore combined or still remain combined for speculating in the stock of said com. any, or for that purpose to aifect the price thereof ¥ proceedings in court, this deponent is not a party ‘therto nor in any way connected therewith, or in- terested therein, and he has not the slightest Knowledge or information concerning the same; and #3 to the allegations contained in the ajtidavit ot William, Belden, sworn March 7, 1568, before Morgan, Notary Public, that this deponent is in the constant habit of resorting to Broad street and fre- qquenting the office of one of the principal firms of ‘Drokers who are eng din the transactions in said #tock, this deponent says that there is no foundation an truth for Buch statement, unless it be that this de- ponent has occasionally, from time to time, for seve- Tal years past called at the oilice of the firm of Fow- Jer, Osgood & Co., for the Zarpoes of meeting Goorge A. Osgood, a gentieman in some way con- ected with said firm (but in what particular this de- ponent is uninformed), and whose relations with this Geponent are exclusively of a social char. acter; but this deponent says that the said @itidavit, in so far as it seems to insinuate that This deponent is in the habit of resorting to Broad street or to the oiilce of any broker for the purpose of mingling in stock transactions of any Cescription, or concerning himself theretn in any form o- manner, is wholly faise and unwarranted, wand this aeponent regards it as his duty te inform the court, and therefore deposes, that any and every #tatement or insinuation in said complaint, or tn the affidavit annexed thereto, whteh direcuy or Indirect! charges this deponent with concert or collusion wit Ahe defendants or any of them for the purpose of fur- hering stock speculations, or with the design to end his judicial powers to any such purpe 8 with. fout the slightest foundation in truth; and depo- nent leaves to the court before which this action is pending to determine the purpose and objects for ‘Which the plaintiff has made or has been induced to dnake his defamatory accusation. And deponent further says that neither the firm of Fowler, Osgood & Co., nor has the sad George A. Oszood, ever purchased for or sold to deponent, or entered into any contract or contracts on deponent’s behalf or with deponent for the purchase or sale of any railway shares, And deponent further says that he haf never been interested, directly or indirectly, presently or con- tingently, in any form, way or manner, in any stock or ratiway pm gee or sold by the said firm of Fowler, Osgood & Co., or the said George A. Os- or in Which they or either of them have or ever e had any interest, directly or indirectly. nd deponent further says that ie has not in any vay, directly or indrectly, any present, future or contingent interest whatever in the result of any or either of the various actions growing out of this con- troversy; nor will the same, under any circum stances, in any way, directly indirectly, result to the personal or pecuniary advantage of deponent. And deponent further says that he las no knowledge rt information as to Whether said tirm of Fowler, ood & Co. is or is not one of the principal firms FE brokers engaged in buying said Erie Railway tock, GEORGE G, BARNARD. sworn to before me this 1sth day of March, 1808— Joun C, Snaw, Notary Public, New York city. Me. Clark argued that they were then before the Bourt clanning, aye, insisting, that this court should Pvutinue to assert the jurisdiction with which the onstitution of the State of New York had empowered Bitn. They called upon the Brie Railway Company end its directors, all of whom, however, were not ‘Withif the jurisdiction of the court, to show cause ow why the order granted by Judge Clerke should Pot be vacated, and why the order appointing the Feceiver should not be settled, notwitustanding this 088 invasion of the powers of one branch of the Booreme Court by another, Kichard Schell, the TO ge eapmaaet. and it Richard Schell, John . q Champlain, Attorney Ge their and each of their ne} ry aud servants, be and they are hereby enjoined and resi ed from taking, frets Ant Procaring to be taken, or permitting to be taken in their names, or in the name of the people or otherwise, any proceedings in the actions or proceedings instituted by them or either of them, or on their behalf or on behalf of the people in the said complaint mentioned, or on any or- jer or proceeding heretofore had or made therein, and that all proceedings in the said several actions or pro- ceedings be stayed until the further order of the court servants, are entering or appointment of a receiver of of the Erie Railway Com or ol or by ie sald company, or o! or any cel or property, Gaonge A. 08 is restrained from accepting any appointment as receiver thereof, or of any part Biers, > from Cn Kvapeerd as such er, ‘om interfering Ww! e said pro} al certificates of shares, or any of the pent oF tas said Erie Railway Company, and the clerks of the Supreme Court ‘are enjoined and restrained from entering any order for the appointment of such re- ceiver. And it 1s further ordered that the defendants and parties above nam their agents, attorneys or servants, and the defendants, jornelins Vanderbilt, William H. Vanderbilt, Richard Schell, Augustus Schell, James H. Banker and George G. Barnard and each of them, their agents, attorneys and servants are enjoined and restrained from advising, inciting, commencing or — assisting in commencing action, suit, penser: or pro- ceeding, having for its object in whole or part the removal or suspension of the directors or officers of the Erie Railway Company, or any of them, or the Spocingmpent @ receiver of any of the property the said company, or the disposal in any w: re perty, or cer Leporiyges the sald pan} im carrying out any of the agreements or contracts scertanen in the said complaint, or advising any act toward the commencement thereof, and from commeucing ep ‘action having for its object the procuring or obtaining of the re- ef or judgment sought to be allowed by any of the actions or proceedings in the complaint menti i and that any other person who may hereafver bring any action or proceedings of a like nature, or in- tended to accomplish the object sougnt to be obtained by said actions or proceedings, desist and refrain from further prosecuting the same after notice of this order; that nothing herein contained shall pre- vent the Erie Kailway Company from moving to dis- solve or modify any injunction now in force against sald company, its board of directors, executive committee, or any of its officers, restraining them from any action ip their official capacity, or to pre- vent either of them answering ay pane now served on either of them, T. W. CLERK! A bags of the Supreme Court of the State of New or! New York, 18 March, 1863, ir. Clark again resumed and argued that they were not prepared at this time to criticise this order or the motives which had prompted the parties in obtaining it, but they had the right and ability to criticise the jurisdiction. As they found the case in its newer aspect the Erie Railway Company and its Board of Directors had fled beyond the limits of the State and now attempted to sue its stockholders to prevent them from bringing @ suit for the rotection of their rights and interests, Mr. hell, representing the interests of a large Majority of the stockholders, was enjoined from prosecuting his suit, and this action on the part of the Judge who signed the order was clearly ultra vires, The right of a citizen to bring his suit was as clear and weil defined as the right of the court to de- cide it. ‘This proceeding, then, was wholly unauthor- ized and unprecedented. ‘there were precedents it was true to prevent parties from asserting legal or inequitable remedies, but there were nove enjoining them from seeking equitabie relief. In this case, however, the action had been carried still further, for while it denies Mr. Schell his equitable remedy it left the defendants to do as they chose. He would how submit the order which they proposed, ores & SEES a EtEree® a i g 3 & order, and the said through its said director and then and there called upon incpan tiffs’ counsel to state whether time was required to answer the papers upon which said order to show cause was founded, and were asked by the court whether the plaintit’s motion on said to show rows iy a the ~ peared. Py as ere is of the Sheriff ¢ of the court by plain- the defendant, John 8. Eldridge, one of the directors of said Erie , and inst James Fisk, Jr., Jay Gould, Henry Thompson and J. C. Bancroft Davi directors of said company, for alleged conteimpi of this court in disobeying an order of nctiol which attachments were returnable this day; thi the sald John 8. Eldridge, James Fisk, Jr., Jay Gould Bancroft Davis couid this court against President and Railway Com) mene Taare at . Ce cro! not found; and the Court having, bog on the said 14th day of di- rected that an order be entered ap) th inpiter such order an order George A. Osgood receiver, as_herei forth, and before the entry of having been made by h.s Honor Thomas W, Clerke staying the proceedings upon said appointment of ald receiver, and, ‘ing the entry of an order thereon until the decision of @ motion to vacate sald appointment, to be made on the first Monday of April, 1868, of which motion notice was served with sald order to show cause. And an order having been, therefore, on the 16th day of March, 1868, made by his Honor Mr. Justice Barnard requiring the sald the Erle Katlway to show cause, on the 19th day of March inst., before him, at this special term, why (among other things) the last mentioned order of his Honor Justice Clerke should not be vacated, and directing the motion to vacate said appointment e said receiver to be there and then brought to a earing. Now, on reading and filing this last mentioned order of Mr. Justice Barnard to show cause, and the Papers on which the same wes founded, and due roof of the service thereof on George M. Diven, 8q., attorney for the Erie Kailway Company, and on Martin & Smith, » attorneys for the defendant, Daniel Drew, in this action, none of the other de- fendants having appeared herein, after hearing counsel for the plaintiiy and Mr. Field, of counsel for the said company, and for the defendant, Daniel Drew, in opposition, and reading proof of the issuing and service on the said Richard Schell of a certain injunction order, made by Judge Clerke, which are filed herewith, it 1s on this lvth of March, 1368, - ordered and this court doth decide that sald lust mentioned, order of injunction should not be held to stay the plaintiffs proceedings herein; and thereupon, on motion of ORS Hall & Van- rst oel, attorneys, and of Horace F. Clark, Charles palo, Aaron J. Vanderpoel and William Fuilet- ton, of counsel for the plaintiffs, no one opposing, ordered that said motion to vacate sald appointment of said receiver be and the same is denied, and that the stay of proceedings contained in the said order of Mr. Justice Clerke, dated March 16, 1863, be and the same is vacated; that the plaintiffs have leave to file and serve said supplemental complaint and to issue an amended summons, including as defend- ants in this action the additional partes named as defendants in said supplemental complaint, And it 1s farther ordered that George A. Osguod, of the city of New York, be and he is hereby appointed re- ceiver of ull and singular the proceeds of the fifty thousand shares of the stock of the Erie Railway Company represented by certificates for such shares signed by the vice president and sec- retary of said company and dated on the 7th of March, 1868, and of tie proceeds of said certificates— 250 of said certificates being for 100 shares each, made in favor of Fisk & Belden, or Fisk, Belden & Co., and 250 other of said certiticates being for 100 shares each, made in favor of Smith, Gould, Martin & Co.; aud also of the proceeds of 50,000 shares of stock of said com which were issued as a cou- version or pretended conversion of convertible bunds of said Rp Nad rir by the executive com- mittee thereof and mentioned in the report of said executive committee, presented to the Board of Di- rectors on the 9th of March, 1868, and of the proceeds of the said $10,000,000 of convertibie bouds, or of such of them as may have been sold or disposed of, with the usual powers of receivers in like cases, It being hereby intended to appoiut the he being hereby Judge Barnard directed an order to be drawn and served upon Mr, Baton, returnable forthwith, requir- ing the Erie Railway Company to show cause why this Injunction should not be vacated, Upon the suggestion of Mr. Fullerton that there was a better way of proceeding, as there might be some Objection to the order to snow cause, the venue being laid in Steuben county, the court withdrew its direction. Mr. Fullerton thought .the better way. would be to disregard the injancton just served. Mr. Field desired to kuow what papers had been used in the matter; he would like tu see some of the aitidavits of service. Mr. Kapalio then read affidavits of serviee of a large Bumber of papers in the case. Mr. Clark said there were two motions before the court—one in relation to the appointment of the receiver, and another in reference to the order to show cause why the stay of proceedings granted by Judge Clerke a few days since should not be set aside, Mr. Field said he apprehended that the first motion before the court was upon the order to show cause. It was that motion, he supposed, which the gentie- man had brought on. Mr. Clark thought he had stated himself in @ man- ner that could be understood. He had called tuat motion up. Mr. Fieid—Do you Make that motion? Mr. Clark—i have stated what i did in the matter, ‘Do you inake that motion now? se, Mr. Fieid—i have to say that these papers came Into our hands about twenty minutes past ven o'clock ‘this mol 2; they have been sent from Elinira, and were, | suppose, detained on the way by the freshets. I came here to state to the court that this injunction had been granted by Judge Clerke, aud not for. tie purpose of going any further than to state that fact. have a davit of service of the injunction, which 1 will here read. (Reads the aftidavit.) Now, sir, tis Injunction Las been brought to the notice of the court, and that being our objection to any action being taken, 1 only desire to say @ singie word more, with the view of disabusing any one who has listened to my friend, Who lus labored $0 heavily in his argu- Ment and has suffered considerably in’ consequence Of the labor of delivering it, This suit on behalf of the Erie Railway Company and Mr, Whitney, which 1 have now brought to your notice, is in the ordinary exercise of jurisdiction of a court of equity: suit to restrain a multiplicity of suits and to raise all the questions which have been raised and are iikely to be raised tn the litigation. It is brought on the theory of tue cele- brated New Haven omnibus case. There are many claims of different persons, and a number of questions are raised in relation to them. The main ove ts whether the tssue of the fifty-eight thousand shares of stock was legal or Lilegal. Some of the counsel think i was legal, while other per- sons think it was not. But it is an issue that can be heard in one litigation, where ali the ities inte- rested can be heard also. So also with questions which lave arisen in it with regard to the Buffalo, Bradford and Pittaburg Railroad Company and the Boston, Hartford and Erie Railway tem go | who are made parties in the suit. It was, as 1 belleved, @ proper and correct proceeding, and was en- Urely legal. In it an injunction has been granted, an injunction that is not In Tespect eXtraordi- nary, unless the gentleman thinks the fact that a judge of the Supreme Court ts made a party de- fendant may be extraordinary. But surely he will not claim that a judge of the Supreme Court done every day. In this case, therefore, we have the fact that this injunction has been granted. To siay Other suits is not at all an unusual proceed- ing. The gentleman says you canmot restrain a man from suing in equity in his own behalf, Where did he get that law, 1 should like to know? Alver a few further remarks, Mr, Field concluded. Judge Barnard said—So far asthe order of Judge Clerke is concerne nd Which stays my proceeding, J have been tnforn by @ majority of my associates that it is void and that { ougns to disregurd it. I did not disregard the first one, and on the same state of facts he issued another one, whieh | think it proper to disregard, he having no authority to te up this suit. ‘This stay of proceedings will be dissolved, and the order completed appointing George A. Osgood receiver of these moneys, In a few moments after this order was given Mr. Field approached Judge Barnard and moved, upon a brief and formal amdavit of Mr. Eaton, for # stay of Proceedings, pending au appeai from the order just nade. Judge Barnard replied that the parties, defendants, Whom Mr. Field represented were involved in pro- ceedings for contempt in violating an injunction now and he would peremptorily deny the motion. Mr. Field—Then, your Honor, I shail consider my- self at liberty to apply to another judge for a stay. sates, Barnard—Aud 1 shall consider myself at IbeFty to vacate it, The court Was then adjourned and the audience withdrew. ‘The following |s a copy of the ORDER APPOINTING THE RECEIVER. The following is a copy of the order entered yeater- ay i— ‘Richard Schell, Plaintiff, vs. The Erie Railway Company, Defendants.—Oon the summons of the original complaint in this action and on the affida a may not be sued, for that is @ thing that is betug | said George A. Osgood, and appointed receiver of the proceeds of ail the stock and certificates of stock of the Erie Railway Company which have been issued by said company, or prepared for issue, a% @ conversion or pretended conversion of said $10,000,000 of convertible bonds, or any part thereof, and which have been sold or otherwise disposed of, and of all new stock of said company, or certificates for new stock, sold or dis- posed of since the d of March, 1868. And it is further ordered that the said receiver give security in the sum of $1,000,000 in the form of @ bond to the people of the State of New York, with suflicient surety or sureties, to be approved of by oue Of the justices of this court, and to be filed ia the oitice of the clerk of this court at the city of New York; that the said receiver do forthwith as fast as he shall collect and receive the said proceeds of which he is 80 appointed receiver, deposit the same in the Union ‘rust Company of the city of New York to the credit of this action, And it is further ordered that the Erle Railway Company, the directors of said company and its oiticers, and each of them, or whichavever of them shall have in their or his ion, or under their or his control, the said proceeds, or part thereof, or any checks, vouchers, securt- ties, property or choses in action, into which they or any part thereof shall have been converted, do forthwith , deliver, assign and trausfer to the sald receiver all of the proceeds hereinbefore men- tioned, and all checks, vouciuers, securities, property and choses in action into which said proceeds or any part thereof shall or may have been or may be con- verted, which shall be in the possession or custody, or under the control of, such directors or oficers, or any or either of them. And it is further ordered that William H. Leonard, a counsellor of this court, be and he ts hereby ap- pointed referee in this action jor tie purposes of this order, and that the directors and oficers, clerks and agents of the said Erie Kailway Company, and each of them, do personally attead beiore such referee from time to time and whenever they or either of them shall be summoned by said reiéree to appear before him, and that they and each of them do sub- mit to such examination on oath before suid referee as he shail direct touciing the stock and certificates herein before mentioned, and the creation, issue and disposition thereof, and touching the proceeds and Property of which the said George A, Osgoud is hereby appointed receiver, and touching any checks, vouchers, securities or other property or closes in action into which said proceeds have been or may be converted, and touching the custody, pos- session, control, situation and condition thereo!; and that said referee also take and report to this court the testimony of such witnesses as nay be produced before him with reference to the stock and certif- cates hereinbefore mentioned, aud the creation, issue and disposition thereof, and the proceeds thereof, and tue custody, situation and condition of such proceeds, and of any property, securities or choses in activa into which such proceeds have been or may be converted. And it is further ordered that said referee report to this court from time to time the proceedings uad before lim and the amounts which may be from time to time paid over to the said receiver, and the deposit thereof by him, as hereinbefore directed, and thut the piaintit have leave to apply to this court from time to me jor Surther directions in the Premises, GE G. BARNARD, THE ERE CAMP AT JERSEY CITY. Rumors of Another Raid on the Drew Camp— Special Policemen Sworn In, At noon yesterday @ report reached the Drew camp from a reliable source that another raid was contem- Plated by a gang of roughs from New York. Chief of Police Fowler soon after had a conference with the directors, and it was resolved as a measure of precaution to post all the police force available around Taylor's Hotel. Four men were stationed within the reception room, thirty on the corridors and within the hails and about twenty Erie Raliroad specials in the rear of the building, Mr. Gaffney, president of the Police Commissioners, swore in twenty specials, who were detailed for duty during the night. Two companies of the State militia were ordered to hold thetuseives in readiness, and by five o'clock yesterday afternoon the re force sur- rounding the catop amounted to about 126men, The police were all armed with loaded revoivers and locusts. Orders were sent to the Erie Railroad depot and the Hudson County artillery to hold their respec- tve forces in readiness during the night ata given signal. In the meantime Mr. Drew was disposed of, and did not make his appearance at ali during the The Police Commissioners have arranged to continue the guard on Taylor's Hotel night and day. The news of @ contemplated raid spread through the efty like wildore, and the inhabitants of the premises adjoiming the camps armed themselves for the expected confiict, closed at twilight, afler which the of Police took com- mand in person. A force hirty-seven men was stationed at the Long Dock to prevent any incurstons on the premises at the depot. The entire force at the disposal of the city authorities would give a vits and sehedules thereto annexed, heretofore filed in this action, and on reading and due proof of service of the same on the Erie Katlway Company, and also on reatling and filing the supplemental com: plaint hereto and the schedules tiereto annexed, and also the afidavite of Richard Schell, Aaron J, Vanderpoel, John Bloodgood, 8: el Barton and Runyon W. Martin, Jr, to 6 supplemental complaint annexed, and also an order to show cause granted by his Honor, Justice Barnard, in opea court, on the ith day of March, good account of a few hundred men if they should repeat the experiment of iast Monday. Those who Would exape slanghter might be prepared to make the acquaintance of a neighborhood in a remote quarter of the State, ‘The feeling among the citizens a wounts to exaapera- tion, 80 that those who are fversant with the operation of the laws in New Jersey gout the idea of an attack on the soi of that Seate. In the evening, when the.news reached Hotexen and Hudson City several of the imbabitaats of ‘hese cities offered MARCH. 2 ,1868.—TRIPLE facia Qiinnad 15 'R was expoctedtnat an facu.on would be made Dye director” ot by the New York roughs, but ny ‘The t made in yesterday’s HERALD at & line of boats would be established to Albany ‘among the reduction of the railroad fares to Buffalo and Albany by land and water is beyond contro- versy. THE RAILROAD WAR IN THE LEGISLATURE. The Rallway Committee of the State Assembly wit! take up this afternoon the bifi introduced by Mr. Bristol, which provides for the legalization of recent and prospective new stock issues by the Erie Railway Company, as well as other acts, as fol- lows:— Pd mde The Seraing of the bonds of me mee 1 for the purpose of completing, furauiiee and operati hy railroad, convertible into the common stock of the sald company by au- thority of the board of directors of said company, and the conversion of the same into such stoc! shall be to be within the powers of ae a Whenever said company shall hereafter issue any stock it shall, on the 1st day of January next after such issue, cause a certificate of the same, stating the number of shares and the time when the same was issued, to be filéd in the office of the Sec- retary of State. Ske. 8. The guaranteeing by the Erle Railway of the bonds or coupons of any other railroad company, necessary Or poe, in order to secure a connection of said Erle Railway witn other railroads, for the pul of securing better facilities for the traffic of said Erie Railway, shall be deemed and taken to be within the powers of said Erie Rallway Com- any, &C. , Seo, 4. It shall be lawful for the Erie Ratlway Com- pany to contract with any other railroad to provide a track with a gauge corresponding to the present gauge of the track of the Erie Railway, and to run the en- gines and cars of the Erie Railway Company on the same, In order to facilitate the transportation of freight and passengers on the Erle Ralfray, Sec. 5, The acts of said Company in issuing bonds and stocks respectively, and in entering into such contract and guarantors prior to this date, are here- by rauded and confirmed, NEW YORK CITY. THE COURTS. UNITED STATES CIRCUIT COURT. Sentences. Before Judge Benedict. On the opening of the court yesterday morning Mr. Bell, United States District Attorney, moved that sentence be pronounced upon Solomon Cohen, pur- suant to conviction by a jury. The Judge directed that the prisoner should be brought forward, and then addressing him said:—You have been convicted of making fraudulent returns to the Internal Revenue Detieneay in your business of a cigar manufacturer, and thereby defrauding the government. The act provides that on conviction of this offence the party 8@ convicted be subject to a fine of a $1,000 or & year’s tmprisonment, or both, at the discretion of the court, In your case there are some extenuating circumstances, and I will therefore inflict the pecu- niary penalty only—that you pay a tine of $1,000. The prisoner was then removed. The Case of James B. Freeman—Motion to Admit to Bail. At the last term of this court, James B. Freeman, an oficer of the Internal Revenue Department, was convicted of the charge of extorting money as a bribe or blackmail from Henry Budleman, of Harlem, during the fall of last year. On that occasion an arrest of judgment was entered, and sentence did not follow conviction. The motion in arrest of judg- ment having been heard by Judge Benedict he or- dered that the case should be argued before him and Judge Nelson on appeal. This day Mr. Malcolm Campbell moved that, pending the arguments before the court of appeal, the prisoner should be admitted to bail. Counsel grounded his application upon the fact that the prisoner had already suffered five weeks’ iinprisonment, and if held in prison Penne the ar- ments before the full court it would be rulnous to fim and a great hardship should the appeal be de- cided in his favor. Mr. Bell, United States Assistant District Attorney, said he had no objection to the motion. The prisoner had been convicted of a mis- demeanor, and he would not oppose his being admit- ted t bail pending the motion before the full court: The Judge ordered that he be admitted to bail in 5,000, Tue court then adjourned. UNITED STATES DISTRICT COURT. The Sherry Wine Case. Before Judge Blatchford. The Case of the United States vs. 1,209 Casks of Sherry Wine was yesterday morning resumed, Mr. Stoughton, of counsel for the claimants, addressing the court and occupying its attention for the whole of the session. SUPERIOR COURT—TRIAL TERM—PART I, Alleged Falso Imprisonment—Action fer $10,000. Before Judge Jones, Jane C. Boyle vs. Mary H. Toothaker.—This was an action brought to recover damages for false im- prisonment, The defendant kept a fancy store, and the plaintiff was a saleswoman in her employment. On the 6th of July, 1866, the plaintiff alleged that she urchased @ 1 at an establishment in the wery and it in her trunk, where it was sub- sequently found by the defendant, who claimed it as her property, and alleged it was abstracted from her by plaintiff. Subsequently defend- ant caused the arrest of the plaintiff on a charge of stealing; but on being brought before a police Justice, she was discharged. Plaintiff now brings an action for faise imprisonment, and lays her damages at $10,000, The defence was a general denial. The court ordered a sealed verdict. The Cuse of Alleged Fraudulent Representa- tion. Todd vs, Wright.—In this case, which was an action brought for the recovery of the amount of certain stock recommended by the defendant as remunera- tive, but which subsequently proved valueless, the way, were discharged without agreeing to a verdict, ut were unanimous in the opinion that the defend- ant intended no fraud in the matter. SUPERIOR COURT—SPECIAL TERM. Decisions. Judge Robertson rendered judgment in the follow- ing cases yesterday morning:— Parker vs, The Knickerbocker Ice Company.—Com- Plaint dismissed with costs. Extra allowance of $150 granted to defendant's attorney. Henderson vs. The New York Economical Printing Company.—Motion granted. MORAY ts. Crump et al,—Judgment for defendant. Partnership not proved. Defendants’ attorney to prepare decision of binding, &c. Gillender va. Pearl.—Motion granted. Bernstein et al. vs. Spero.—Motion granted, Rouins vs, Pittman.—Motion granted. Elston, vs, Schilling.—Motion granted, Kenny vs. Hoffman,—Motion granted. Wuckof vs. The McClintock and Cornwall Petro- leurn Company.—Motion granted. Tomlinson va. Teigler.—Motion granted, Tomlinson vs. Hecht.—Motion granted, In the Matter of the Petition of Emma Jane Thompson to be discharged from custody.--Prisoner discharged for want of authority to hold her. Inthe Matter of the Petition of Anne Toyel to be discharged from custody, &c.—Prisoner discharged from custody from informality of conviction, Tomlinson va. Henniger.—Mowion granted. Band et al, vs, Satterlee et at.—Motion for refer- nted. In the Matter of the Petition of Wm, Emmott to be Discharged from Custody.—Prisoner vo be discharged on his own recognizance, By Judge Jones. Schulthets vs. Grote,—Motion of reference granted. By Judge MeCunn, Datmey vs, Stevéns.—Motion to allow answer to stand granted on condition that the defendant con- sent to 4 reference to another. Moses vs, Banker et al—Case settied, Papers in clerk's office, Russell v4, Cuse settied, Nicholas Insurance Company.— rain oMmee. COURT OF GENERAL SESSIONS. Before Judge Russel. BENTENCES. At the opening of the court yesterday John Riggins pleaded guilty to an indictment charging him with stealing @ chest of tea, valued at $60, on the 9th of October, the property of Join F, Potter, He was sent to the State Prison for three years. Charles Kramer and George M. Daly, who were charged with stealing a watch and chain and six silk handkerchiefs, valued at $106, pleaded guilty to an attempt at grand larceny, Sentence was postponed, THE WAWTIGAN-PRIRL HOMICIDR. Jeremiah Hartigan, indicted for mansiaughter in the first degree, pleaded guilty to the fourth grade of that offence. Ho wee ane with causing the death of Daniel Friel on the 6th of November, 4 inflict ing a wound with apistol, Mr. Sedgwick stated to the court that the certificate of Dr. Carnochan estab Hished the fact that the defendant was wounded by nistol shots in two places previous Wo firing at the deceased. counsel cidamed that the afdarits which te the demonstrated that the dsfenudafasted in seieacfonce. ‘Tho Judge took the Geld na 00h pene pemmnnne upon the April. eux CovRt—Cincurr.Part 2—N 1508, 9706, 2000, 5104, 3026, BOLL 3080, S052, 1%, 5100, 3176, 1 Sone S242) urs 9008; Sort Sree Saou gos’ aove! 404d 4066, 4006, 4198, 4220, 4238, 4928, 4352, 4254, it i a gare em, om Sak 8299, 3691, 8701, 8711, 8717, 3863, 3883, 3905, 108, 108, 105, 9, 11D, TS Ay aa TA, Ta 166, 169, 177, 185, 190! gor’ 213,234 antve COURT—TRIAL TERM,—Nos. 518, 515, 676, 618, 527, 488, 550, 612, 515, '548, 464, 682; 683, 584, 586, 586, 687, 501, 502, 693, MeouMON FLEAS—TRIAL TERM.—Part 1—-Nos. 1150, 2021, 1800, 2067, 170%, 1731, 1007, 1401, 1402, 1847, 2049, 2043, SUPERIOR CourT— ‘TRAVEL ON THE HUDSON.—The travel interruption onthe Hudson River Rallroad, occasioned by the freshet, is overcome and the road ts now free from ice ebstructions, and trains are running a8 usual. On the Erie Railway the mails were detained on ‘Wednesday in consequence of the washing away of about reed feet of the track at Pipe Creek, about six miles from Owego. A temporary track was quickly constructed over the creek .with lumber, and .the trains were thus enabled. to proceed... It is thought. the river will be clear from ice and navigable for steamboats to-day or to-morrow. The Troy steamers e now receiving freight, ‘The frst boat will leave at six o'clock P, M. on Sunday. Emigration Lasor Sratistics,—From the semt- monthly report ending March 15, made by the Super- intendent of the Labor Exchange, the following facts are elicited:—During the fifteen days 949 emigrants solicited employment, of whom 559 were males and 890 females; applications for labor, 400 males and 473 females; number employed, 294 males and 359 fe- males, The average rate of monthly wages was, for males, $12; females, $8 33, Of the total number applying for labor 481 could read and write and 78 did not possess those qualifications. THE ACCIDENT ON THE LONG ISLAND RAILROAD— DEATH OF THE NEWS AGENT.—The death of Oscar Lobdell, the news agent, fourteen years of age, who was go fearfully crushed at the smash up on the Long Island Railroad, near Woodside, was Eber reported to the Coroners’ office from Believue Hos} tak Coroner Roilins took charge of the case, and if the attendance of the necessary witnesses can be secured an inquest will be held on the body to-day. Tue [kis LEGIoN.—Last evening the members of the Irish Legion Monument Association held a meet- ing at the armory of the Second regiment, corner of Seventh street and Hall place, for the purpose of furthering the arrangements to erect a suitable monument to the memory of the soldiers of the Second division, Second brigade of the Second regiment, who fell gloriously during the siege of Petersburg. General J. P. Mcivor, presi- dent, occupied the chair. Major Dunbar read the minutes of the previous meeting, which were ap- roved, Already $2,000 has been subscribed to the ‘und, and the commnittee anticipate a large increase to that sum. The site intended will be a prominent sition in the Park. Some routine business having en transacted the meeting adjourned, POLYTECHNIC BRANCH OF THE AMERICAN INSTI- TUTE.—Unusually varied as well as interesting were the proceedings last evening of the polytechnic branch of the American lustitute, at their place of meeting in the Cooper Institute building. After read- ing the usual comprehensive summary of scien- tic news since the last meeting an in- genious machine was exhibited for rapid writing through the medium of type. It was claimed that three hundred letters could be written ina minute, and that the blind could use it with very nearly the same facility as those whose eyesight is unimpaired. ‘The general verdict was that it was a wholly practicable as well as ingenious in- vention. Next was exhibited a machine for detect- ing low water in steam boilers. The chief alleged merit of this was ils efMicacy in preventing explosions. A new parallel ruler was next shown. Interesting papers were read on spontaneous electricity on tele- graph wires, on geometry and clocks, protracting with the discussions on the same the session to over two hours tn length. Lecture at THE Everett Rooms,—Mr. Alonzo Tripp delivered his second lecture last evening at the Everett Rooms on the failure of the republicanism of the early part of the present century, tracing the dlf- ferent causes which led to this change and picturing the French Revolution of 1848 and th» efforts of Lam- artine to establish a republic. The struggle of this period has been likened by an eminent writer on the subject to a grand drama in five acts—from the first rise of the barricades to the last scenes of all—the flight of “Mr. Smith” and the establish- meat of the republic for a second time. Latmartine’s eloquence had a powerful effect on the passions of the mob, and perhaps did much to save more disas- trous effects, M. Tripp dilated on the crimson trials of Paris during the reign of the demoniac carnival which characterized the period with vivid delinea- tion, and selected some of the most graphic scenes of the times to enchain his audience. DEATH FROM INJURIES.—Coroner Flynn was yester- day notified to hold an inquest at the New York Hos- pital on the body of Dennis Early, late @ ‘longshore- man and a member of the Father Mathew Total Ab- stimence Society, whose death was the result of injuries received about flve weeks ago by a bale of cotton falling upon him. Deceased lived in Park street, whither his remains were removed for inter- ment. FOUND IN THE WATER.—The remains of Samuel 0. Dare, late a night watohman aboard a canal boat lying at foot of pler No. 3 East river, were yesterday found floating in the dock at that place. Deceased, who had been missing since Tuesday |ast, is supposed to have fallen overboard and was drowned. Tie body was taken to the residence of his son, No. 33 Washington street, and Coroner Flynn notified to hold an inquest. Fie at SrvyTen Duyvit Creex.—Shortly before twelve o'clock on Wednesday night a fire broke out in the extensive rolling mill of Messrs. Lawrence & Barry, situated on Spuyten Duyvil creek, near the Hudson River Railroad. Owing to the bad condition of the streets the fre engines were prevented from reaching the burning building until the flames had aitained such headway as made it impossible to arrest them until after the interior was burned out. The loss will amount to about $75,000; insured. While Engine wg No. 38 was proceeding to the fire Michael Snyder, the fore- man, was knocked down and run over by the ma- chine, His head and face were very badly cut, one of his legs and jaw fractured, and several of his ribs crushed, He was removed to St. Luke's Hos- ital, where the attendant surgeon pronounced him in an exceedingly critical condition. The injured man Was at one time a nt of the Metropolitan Police, attached to the Thirty-second precinct, and was afterwards elected Councilman, and served one or two terms, Since its organization he has been connected with the Metropolitan Fire Department. POLICE INTELLIGENCE. AN EXTENSIVE OPERATOR—FRAUDULENTLY Re- CRIPTING FOR Goovs.—On Tuesday last the firm of Messrs. Bowen, Necarsulm & Co., No. 111 Chambers street, sent their porter, Otto Werner, with a pack- age of shirts worth $70 to the store of Messrs. Kind- shoff & Proth, 49 White street, and on reaching the place Werner was met by Edward Armstrong, alias John Understiller, who said the goods belonged to him and gave a receipt for them, The goods were placed on the floor by the porter, who directly after- wards became suspicious of Armstrong and wanted to go up stairs to be sure that it was right, but = Arimstrong, catching up the — shirts, escaped with them before Werner could cause his arrest. Later in the day, however, the sharper was nicely caught. Werner, in passin, through Hudson street, met Armstrong, rt violent hands upon him, whereupon the sharper turned and knocked Werner down, ‘The alarm was given, When officer McConnell, of the Fifth prectact, gave chase, and arresting Armstrong, oe him to the Leonard street police station. ptain Petty, after hearing the case, made up his mind that the prisoner was the man who had been ex- tensively engaged in obtaining goods from cred- ulous porters and errand boys, undér pretence that he owned the property, which he would give receipts, Inquiries were instituted by Captain Petty and detective Field, which re- sulted in showing that on the 6th instant the risoner obtained from Daniel McParland, a cartman the employ of Messrs, W. P. ely & Co., 33 Chambers street, sixteen my od Jace curtains, valued at $633. McPar! had been sent to deliver the goods to the store of Hal Haines & Co., 376 Broadway, but on reaching the‘corner of Broadway and Franklin street Armstrong salated McParland and said he had been waiting for the goods, - at the me time instructing the cartman to carry them to ¢ second floor of the Merchanta’ Union Express Com- ny. ‘There the accused gave @ receipt for the cur. Tins nine packages of which he subsequently carried off, the remainder eventually being restored to the owners. Ina similar manner Armatrong obtaifed $70 worth of laces from Joseph Neuberger, a lad in the Ssmiploy of Messrs, Smith & Bear, No. 63 Leonard street. ‘The boy was going through Church street to deliver the goods when Armstrong met him, took the roperty, Which he claimed, and gave a receipt. On he 16th of November inst at tifled goods. In each instans ing to the orders given, goods were to be delivered, would man, porter or messenger, a8 the make a demand and obtain the pro Justice Dowling commi a receipt. ination. to the Tombs for exam! _ Adopted=Porter Council, No. 3, Seamen's Protective Union. 4 Jp 1858-59-60 the wages of seamen ranged, accora- ing to the character of the voyages for which they shipped, from $9 to $15 per month—few obtaining the last named price; and when the rebellion began to rage from almost no quotable figure the price rap- idly rose-to $40 and $50, and even at these wages men were not to be had for the merchant service, the navy offering first class men not only large prices, good’ fare, shelter, not too much work, but bounty money and a chance to handle—should, oa & blockade, they be go fortunate as to capture a vessel attempting to make port—just a little prize money, At the close of the' war, the government rapidly Teducing ite naval as well as land forces, large num- bers of first class seamen found themselves adrift, and the shipping merchants, taking adven- tage of their necessities, the freight market being also light, to cut dowa the hire of those whom they employed to quite and often less thar one-half the rates that had prevailed while the government was such @ competitor for mariners. Of course the sea- men sailing from this port, being entirety unorgan- ized, were compelled to go on board and grumble, employment on shore being entirely out of the ques- tion, Since then these men, who have been aptly termed ‘slaves of the ocean,” having found that strength lay in combination, formed twe or three societies, amot which are the Ocean Seamen's Benevolent A: mn and Porter The first named $40 per month and No. 3 Seamen’s Protective Union. of these demand from Meme at rations for their members, and it appears their terms without dimiculty; while those who are en in vessels are compelled to take just such hire as shipping agents and shipping merchants are ve the crews foun aud ‘put on board of sailing craft by them, “The slaves of the ocean” have found for some time past that it is impossible for them to work, as for $20 per month,. provisions and merchandise every kind selling at almost famine prices. To cor- rect this state of atfairs and to bring seamen in port into accord on the rates which they should demand . for long and short voyages, &c., 8 mas3 meeting, called at the instance of Porter Council No. 3, was held at the Shakspeare Hotel yesterday afternoon. A four o'clock the seamen assembled, about four hundred in number—an orderly, neatly attired, sober looking and seemingly intelligent body—and com- menced proceedings by calli @ person who seem- ed to be well known to most of them, James Alien, te the chair. Mr. Allen pertinently addressed his audience as brethren of the same craft with himself, closing his remarks for the honor conferred on him by thanking them, and then giving the names of the gentlemen who had been invited to adaress them previont to the aduption of a resolution which the Counc} that had called the meeting had presented. ‘The chairman was followed by four gentlemen, who severally urged upon their auditors the pro- priety and the necessity of resolving upon a scale of rives under which they could hereafter sail and toll, amen, they contended, were the hardest worked, poorest served and least paid of any class of laborers who had to use their brains as well as their hands, and who besides were hourly exposed to the periis of the deep—to starvation, fire, cold, heat storm and wreck; and yet these men were constantly sub- jected to every kind of hardships and too frequently treated as if they were dogs, and who did not receive as hire in a single month as much asa mechanic was paid in this city for a week’s labor. The men of the sea were the true missionaries and civilizers of the nations, and for their toll and the hardshij they endure ought to receive a recompense wortl of their skill and their industry. There was but one way, one road ‘o, for mariners as for shoremen to pursue, and that was to combine, reiying upon the faith of each other, ask for such remuneration as in all honesty they could and ought to command, and, if need be, wring it out of the capitalists who, forgetting their servants—their faithful siaves—throw to them the in- nutritious chaif while they look to themselves and fattened upon the very enriching wheat they had gathered. Seamen went to every part of the world and heaped up riches, not for themselves, but for others to enjoy, and it was full time that some por- tion of the harvest should be theirs. Do you get even the wages you are entitled to? demanded one gentleman, to which the assembly Fon pereg | re- Plied in the negative. From boyhood you have tempted the seas, he continued, and in the face of dangers that would appa the souls of the men for whom you labor have looked on the elemental st not knowing at what moment your frail bark mi be swallowed up in the yawning gulf into which it hat and aithough at imminent risk, not only of ealth, but life, having endured sufferings that, when told, seem incredibis. When you bring your shattered bark, it may be, with its rich cargo into port, you are not even thanked for the dangers you have run, but coolly turned adrift by the owner and perhaps re- membered no more, except it be to denounce you and all of your class as drunken, good for nothi bch to be tyrannized over and trampled on Ww! unity. t the close of the remarks of those who had been invited to address the assemblage the secretary of Porter Council rose apd read the annexed preamble id less for their labor than and resolution:— Whereas seamen are pi ong other class of workingmen, and have, which mechanics an laborers have not, to endure the heut and the cold and the dangers of the ea by day and ty night; and wherens they find that rent, clothing, board and the leading necessities o| Mfe are bigher than heretofore, so much so that it Is ow found {impossible for even unmarried seamen to live at the Present rates of compensation, and they therefore Kesolve, rst, Tha: on and after the Ist of April ensuf the established’ rates of waxes for seamen out of te port New York shall be as foliowa:—To any port in Europe, excepting the Mediterrancan, 85 per month, with one month's advance. To any port in Meditere South and the Fanean, west, coast, of Africa, east coast of South an —_ merica, pW per ant har Hao u a "wages in ade const 30 per month, half a month's pay in advance. Hecondly that teamen pril for wages less than Je ‘and thirdly, that copies of the Above seale be printed and leit ab shipping odicen, seamen's boarding houses and at the council rooms of seamen. Several gentlemen present, members of the Ocean Seamen's Benevolent Association, insisted that the wages should be raised to $40 per moath all round; bat on the matter being fully debated the meeting concluded that the scale of prices presented by Porter Council was wise and just at this time, and unaal- niously adopting it, adjourned without day. UNTERNAL REVENUE AFFAIRS Deputy Commissioner Harlan was occupied the greater portion of yesterday at the central office, Cedar street, investigadng into complainis relative to seizures and other matters connected with the de- partment which are being brought before his notice for decision. The Commissioner will remain in the city the whole of next week, engaged in his examl- nations, and it is very probabie that, if allowed to be published, a great deal of interesting matter will de- velop itself. ‘A number of papers relative to late seizures have been forwarded to District Attorney Courtenay, whe will proceed immediately with the prosecution of the parties, as there seems to be none of that among the officials at present which 80 dis- their action some time ago. The attention of the public having been attracted to the gigantic as on the revenue has had a most beneficial effect, and the collectors and their subordinates show an anxiety about the busl- ness which is most refreshing and commendable, ‘There were no seizures of any importance made yea- terday, and in the head offices of the diferent dis tricta none other than the routine business was trans acted. The day before Inspector Harvey seized 106 boxes of tobacco at @ house in West street, and another of the same kind in the Fifth district was also taken possession of, his officers acting under the orders of Collector sion eiaon Some one or two of the collectors have left the city for Washington to explain or arrange, it is said, disputes tak! lace bogey a enieie to their rights and pi ‘veges their own ict In Brooklyn lately the distillery of August Miller, in Jay street, was seized on the ground, as alleged, that the special tax had been hogiected to be paid. The case was up before Judge t yesterday, when Miller endeavored to show that the negligence was not his fault. The court, however, entertained a contrary opinion, and decided in favor of the gov- ernment, acet Teth tinguished NEW JERSEY. Sersey City. FATAL ACCIDENT ON THE Exte RAILROAD.—JonhA Boss, conductor of a freight train on the Erie Rait- road, was killed on Wednesday night at Turner's sta. 5 was standing on the platform of one of the - a he slipped through and was crushed be- tween the cars, Deceased was married, and leaves a family at Port Jervis. Hoboken. Lauwent oF A New Ferrysoat.—The new ferry. boat Wehawken was launched at the foot of Second street, at five o'clock last evening. The dimensions of this boat are 218 feet keel, 69 feet 6 inches beam; cylinder 42 inches in diameter, with 9 feet stroke. It will be completed and placed on the Hoboken ferry by the first of May, the entire cost of construction be- joseph Powers, porter for } ing i