The New York Herald Newspaper, December 1, 1868, Page 4

4 NEW YORK HERALD, TUESDAY, DECHM BER 1, 1868—TRIPLE SHEET, ‘ a Ennnnnnensnennnemerennmeneneenareaaaa pareea anna ee A I Oe on cenerescait 7 4 ne of i i! of wearying your Houor Mr. isk and myself as individaal me A may ihe i H E E RI E le case f une e oP ner eal thority against thig | noi a party to that liligacion, hag sid tre right < iolee be read In sadition | Mostye munret Uy. aes lee and om scoauel of ts otra tO tortate aie | show what these very ‘persons ars untit to. b> potauen upon hun, if it be an amputation that he Was counsel tor soaebody and that ho recelved pay \ige Neison—| pers are to pany have beeu held by me ° Wan a soiise Nelsons papers are to be roa nar shey 00 | Hasdinmytormcr sition Oe ee hoor conasel, itts no tmputation: bat itis intro- | further issues of stook of tis description on the | reoe'vers for that corporation. After the ser ——eeeer Tead be‘ore the case is of " T deny that any portion of the money of the comm d:ed here for a sinister purpose. If it wasa direct | groind of want of power, In that complaint the | tlement no one was anxious to ‘reopen the coa- ‘Mr. O'Conor—We have no ov jection to that, been secreted, concealed, ar removed to’ Canasla or visu S| adidavis of anytidog thas anybody kaw | Attorney General obtained an injunction restraining | froveray until these parties reco;nmenco! tha agua t tive sanehare |e world be a far matter of argument | the compan mM isaning any further stock, or | operations Very siort'y after the election in Ootobor 5 beyond the jurisdiction of the coat, ur t . % — Court nadoratands that we a tort Grand Ficld Day io the Dulted States |. 2; Stogguian-—it te Donn cera, wimout having | srenamrag eee prime snpaniations of FUR aad myst, oF | py. and by whether Gab Rad Any: Amenaney Os | tsening Sar Cimneeconsernhls bonds, or converting t it became apparent that targe amonnta of new ” le ty an ern ot ae are ready 10 20 oie eourse on the motion | money ns win | wish to Maye it Wooly suppressed, for tha reason | Jeavo out all that ise xtranconain this eave. On the id | Rat road Company abont those issues of sigow. Lhis 4 thei ta inatter In'roduged da the fora of an ail. | of March that injunction was served on Messrs. Drew, | committee conatsted of Mr, Christian 3, Sloan ant ve lett ha Pleioront—This 18 Wilt counsel is now do- pia Mehanged’ ovtalnc’ a; are to 1¢i our auswerog » eof us. relavion to this watter, and [ would oot move | into stock any couvertibla bonis theretofore tssned, | Sock were being issued, and the New York Stook (x- Circuit Court. q he Vourt aud ihe coun. | the compiany w is to bring the papers before t f davit Which 1s po! Under oath, strictly speaking, aud | isk an‘ Gould, Eldridge, the president, and some of | two other gentiemea, (Mr. R. road Vr, Sioaa’s a\, . } ; ly giving ‘he contents of the papers, livery of wtosk of the comp: AFFIDAVITS AND COUNTER AFFIDAVITS. | 5idue"Ss SourSo 1 sumone; bat intsmnct as tno | or rain) the pee sun f wr side, but tie coulents in papers read on tie other si int, that by makins the matter asa proitmiuary motion ia tng way. We | The Injuvetton covered othor matters; but | wil try to | change 7 / mtionagag wert ee to inquire of tae Dris trae; aud also deny ine al wwe , ae memeey send ele orrefer to net verified so ast) be at all’vecetvable, {have un | the directors; and ito happenet tiat they wera just | davit.) This was evidently a now issue, wat tale of renderst he stock 6 ar aMdavit of Me. 3! on the point of issuing another £5,00).000, and the | Of comp'aint alleges that it amounts i (9 320.0.09,0) but [do not think aught thom by half en hoor, Mr. Drew | This alarmed Mr, Relmont, wio stil! had his 4.0 3 {temporarily ams i lei" ¥, os erved on tie other side ip opposi- | oF that L have tateaded or des quot Po euctre tian ~esults OF Mr, Fieil—Le. me see that he had gos the bonds and was about to | shares of stock. Me had thought that perliaps Me, ogre ruler it i het nocessary to read tiein tli | Spec's tothe besa: pcin.the sail coma Mr. O'Conor—Ii | am to read It. ‘art them tuto stock when he was served with | Gould was managing the roaa for the best interests the anguinent is opened. A iar ad eae ie Court — aot ba read Without the consent | thre injunction. “While that Ininnction was p nding Cy a tock! itera rok at fin hg teoalves —* Ca: . QConor—Your Honor ought to have a brief o ? aygerryr et: ‘ welts aad 1 | Of the otber party. and In foree Mr, Fisk took from th» oifige of tie com- w, issnes anotier milion of The Case of the People vs. The | ition or wat our papers coutaim, pernap'. Rae ia set tue aide aa tanacreipses wreLam., | | Mr. Flekl—We will consent. pany £70 hooks of certificates of stock which had | sterling bonds. geia ail the earnings (a noantng to Erie Ring. Judge Neisou—No; hit is Bausity. given ia, the I ot tant tats suit woud be Commenced 0 9 fing Qourt— career Pe Se Ee ie Lar yr containing $2,690,000 es a more tae Si caine month, aad Cae in Gre ¢ ment, aad it ta necessary that ibshould be given | Complainant, aot boiag assured in my own ria’ ay Ir, Stoughton—! Of these, $ were male ont to Mr. Goulds ploy ey oan issne mo’ a - he Le the President and ase directos and as the td fi ‘Smith, Gonld, Martin & Co.—and the otner | siook to Mr. Eldridie, a, 10F in advance. ‘Mr. ©’Conor—If it is not necessary to your Houor it ~ not nacean wai 4 aud POanEe can ; i 4 in s * udge Nelson—Counsel can produce aMdavits in | pressed my wiiimzness thas such sult’ si The Directors Temporarily op] satan to the rule before Arsumens oponi. bn tule court for the parpovg of preacnilug to tule court for its | behalf of sald company anil of Mexsrs. Stewart, ; tr. Stoughion—1 Will add’ that tt is usual for | determination the quntioa whether the stuck mantione! fn | bankers, and the compensation he received was | these parties fled in the night—snd your Honor | driven ont by snoece and taunts tant ha ts In stot the bill herein was properly Iasuod; aad such was the ouly | paid by the firm of Jom Wloodgood & Oo.; | may hear of that being doac sgain—they tied | speculations? Is he tobe met with slws hecanse % tion, * ‘boon tn all respects Just an! | "Nr OrGonor read the aMdavit of Henry B. Davies | $2,599,000 were made out to Mr, Pisk’s frin—Fisk, | Erie bonds, en Mr. Belmont learned | the Jon of my ascocintes 11 sab! ey i s A f i | facts it was tl ke Bo hook weal ot ‘| tnat he was eamployed as counse! In the controversy | Belden, & Co. [Mr R. proceeded to read at lensth ime for him to make B98 Fespecra, juss and corrert, te | reerrad to, by the (rin of Joan Bluodgood & Co, 07 sam tie aimiatt of Str, Drow.) Attachments wore attempt to vindloste his property, | Is a ian ¥19 ntained and placed tn the hans of the officers, an a inder roumstances tO be moving counsel, on a motion like this, eliier te read Suspended. =~ ne capper egy cto ae Meade or to | auestion, which I nauer:ood to be proseatn | to sald suit... | that deponent nevor received any money on account | at night to Jersey City, where they re- | undertakes to moot unis wnonoyed monopoly and (he stats them without Interapersing thom with redec: | came tater aissustion, a(tor aT uudersioot—the bil bat | of suCR Serviced from any other porwull OF persis mained for weeks and weoks, until nezotia- | desperate men managing these iminense resources ? tions on any body or any tribunal. I thought | been nearly complete, I claimed ant asscrted that 1, as | lirm, company or corporation wiatever, and that | tions for a settlement brought them within I ask if we are not entitted to all the protection tue Bi ed Flight of Several of the Erie Direc- counsel was misapprehending the usual course by | the treasurer, was the party eutrusted by tae atc kholers | deponent wever was retained or employed by the | the jnrisdiction of this court, Mr. Drew testified | Court can give us? nt Th emorcd F.lg! e of the Eri previons argument and therefore | interrupted him, | 8! thelr reprosentatives with ail tae momsya OF decent | said Schelt in such proceeding. that he understood from Fisk that about $23,000 000 | But that ts not all, soup Boner. next goto Tudye Nolsogecis is proper that counsel on bohait | auth,sed thet shonid be continaed in the cusoly tiered | | Mr. Stomehson Rephied—Tie sult prosecuted by | had been tase! since the October election. Your | work and get an order in Chambers in the Supreing tors to Parts Unknown. props and that I should not be interieved with therein, and that aI ised Court of the State appointing Gould receiver of aft ors tO iw OF ie RGIs SORIA TATR DEESCS Ghee, the, OpPOSICION | ee Sate ee eee eee carr etich the Gout | Sovell S80 Beanie Work hed been eomprneides £0F | Honor will bear in mind that In one of these aMila- vi mi, tire. © f ronsouable aac Woummiiested | the sum of $421,000, distributed by Schell to various | vits there is 2 denial that any convertible bonda have | the money of the company witout notice to ne. ers before argument opens, and if you Lave them rowre. Ti evo, was iy : 4 they obtain further, what i Honor wiit them be produced. wee Court and 1 have given the socurity royiret by the | parties. It would be iuteroating to learn whether | boon issued siuce the October election, and also that | And they obtain er, wees you wil no UNITED STATES clRcUiT COURT. Mr. Sewarl—As solicitor and counsel for Whelp- | omer. ‘Jay GOULD. | the compensation received by Judge Davies was nut | thore has becn any stock tamed since that time, ex- doubt think an extraordinary thing, an injane- - — . ley L should have no further interest in the case be- | Sworn thts Both day of November, 1963. the'exact urn of $25,000 mentioned as having been | ceptin the conversion of bonds fesued before Octo- | ton against everyboily they suspect might bring The Campaign in the United States Courts | yond having your Honor decide the question already JOINT AVFIDANIF OF JANES VIAK, JR. AND rarpruck | pald ge thls $429,000, ‘The ailidavit might, be | bor 13, Yonr Honop aru 908 how evasive, thas is. a A them to HD Sy, Ld reed resent ‘A. LAS a ‘i sin ogat onan ‘alive, | : 9 party agat 09 The Opposing Parties Rally in Great Foree— | Prosentel wheier Ae Mec a by ieee Woelp- | SEARLES wregercx A. Lane, Del A. | thers were two aspects to this Fo er ee | neti not convert them into stort antl! Ooto- | Making an Appliostion for tho appolatinga! of a ro- Charges and Counter-Charges—The Fight | ley—were it not for the fact that Im the movinz | wom, an Sot A TENT Aya inte ne conver iy | Mone seeks to obialn a po.tton sudwtantialy as oo, | ber. That explains It, and shero f@ no oon ven alegre aoe petata See ema nara ae er Bil y) ny defend x an eo | complainan . ough in fact he asks pe let or are charged in comp! ith having § be sapere chet pubers and th tie Language used, by the olnet si4° | Pad sce tue election of the present Hound ut Dicer, | 1a PO ae cen ine as Ma petition sates | thett eoattol upwards of 216.991,000, Tt 1s allozed | taat they wer rnnning a race to sea who snould wet Before Judge Nelson. this piaintht tousbing something or somebody which | in October, W468, and that no slock of theaald company bas | | Mr. ('onor objected shat ‘arguincut was | that that menor 1s not deposited in any.bank to the | ® Fecelvor appointed first; | In the altdavite of Henry D. Wrelpiey vs. The Erie Raftroad Com- | Las deen improperly, ax I taxe it, brought mto tho | oocy Iumaed since, such, elociton, exoept for wud | irrelevant. credit of the company, In thetr danial they say they | Fisk, pubiished and real here, ho veils you bis + pany.—This interminable legal contest was carried | case. ‘whieh T shall Feud, aud read tue aildavit in See en a SANES FISK, Jue oe ee mise tue a coe 3 mae wt Gonrthe See ne Me pot ee ee ornvenas dainyangthat Ue would go sp he ve aI 4 OK a E the objection and let stand on oa e Pow ow much money the; ve, Or Oy “4 Rhaeier Chere FREDERICK A. LANE. || {nto consl ieration hereafter, & sore nth in They devtin-ceneralliles., But if the | enemy, meaning us, and maxe an adidavit If they into the United states Circuit Court yesierday morn- at ; AVFIDAVIT OF HENRY B. WHELPLEY—ANSWER TO | ayrrmavir or sags visx, n—Tue prtwowT soctioss. | “70 7) Noah Davis— cour honor ought to under. | truth were told your Honor would find that tt is | did nok agreo to his torma.and give him some facill:y ing. The court room was crowded long before THE CHARGE OF COLI.USION. James Fiak, Jr., being aworn, says:—I have neard read the “4 in ing on his stock dealings an‘ 4] ations, red for Jay Gould to be used In the Statogcourt | stand that Bloodgoud was in polut of fact a party to | loaned to the firm of Smith, Gould, Morton & Co. 1 any, tse an een: fer, Sass (keyg a tha venerable judge took his seat on tne bench. | Mr. Seward then read the folowing aiNdavit: pee ye have now reached the point where the Attorney cl hich Adgu joimant is pI ad have i The opposing counsel, with their followers, bear- | ,Zowy Be Whepley re Tic Keio Katicay, Compe year Fae ao tn ee Ace eae ata beret | oe anauMENT OF MR, RAPALLO. RESCMED, Wenoral sted his mjnnction against this iaat issue | thera was any ground for the chargo made azainsé jag plethorio law bags, arrived early and | broattistais cour udler the aavice of his counsel, for tire | {2\the above cate 12 tht d the same are trusto my | fr, Rapailo resume his o| sey the time my | an] whero they violated 4t and tied to New Jersey. | ws that we were tn complicity with Drow, who was, emsel . purpose of having the question deci ied by sh for {ie | own knowledge so faras the same rela‘e to myseli, and that | 456.404 wag suspende fur the purpose of enab!ing ‘that took place in the early pari of March, ‘The | in fact, trying to use both parttes for his own benoit, arrayed ticmsoives for the coming action at | Hirsine of baving te question, deci ied by tua cch tui | soar aa he aae eiteye my coawcire t euerg became | Our rionia vo read tiolt aMlavitet was about ¢o | fac: taut they had thus, 1a violation of the orders of | FEMS Me Mtn gay party as a rod over the other. he genuine stuck of the def.niant, or whetner Se, Ante by mae” in the atureaatd action, | give your Honor abrief aut succinct history of this | the Court, permiste! in the issue of stock alarmel | Counsel then peored & passage from the orver opposite tables, wit! a good space between them. hones was tl i O is eae Vhe bag Oy e same was aod con"erred upoa peald egrapany; that the proceadings whlch reuaceraed, | bare been informed and believe that the sai section of Sr | forth in the papers on wich this motion ta founded. | my prosent associates culmmenced suis as stock- | pendency e order parties should ba ra ‘ements drawn theretrom, which soon covered the | Dats 'n thisceuse have not been, so far an hele oie eimner | montis prosgouted under an serengement whereby onebe | In the coume of that Ristory I shall have | holders, thinking, perhaps, they might sucoee’ a | stralaed from commencln all proceetings or sulia mont’ OF Lickey of other. at i Se rae adem Mmorwand’ Bie 8 Ir ormentty, T think, to. say all that” is | little better than ‘tio Actornay General in keeping | With regard to the Issue of stuck claimod to ve ne tables and grave an indicution of the extensive field | Belwont’ or Lucke, or other stockholiers of sais company, | Drew and the o her hal’ by Frank Work and Richard © £9 09 ee 4 acts 5 er, 38y in equal portions. Ten; That f put or caused to be put intue | necessary to be sald with regard to all | these people witina pounds, ‘hey were largely inter- | cess of the number of shares tie conpaay was which tho operations of te day would cover. Sr aay Other pers at Oe ene Thu that tau entue were taken horized to iasue, and to restrain them from ap: Ic . Goud oF avy other person, but that thy eam 0 | name of the platutit’ herein the wiures of the mock by hin i avits that en | ested stock of this company and | autho ue, and to restrain them f pry= af mnt rel leat Cie. gowarona. age i ee Be ceas ie ama open the | ing for an order from the courts on ox parte applica. First among the great chicfiains of the Erie war | With the intent of procuriug ‘rom this court by as speely 4 | mentioned in bis bill aere!n. 1 deuy the allegationa In the | ye, » are one or two of stock thrown appearing fa Mia apsta Sin Ga lapalcaclamccg all | Corea Rete eater Deli ay aiyatice ueened ix:| SoM ouORRe AL Tenn On eae OOd ID eee Teale eo ere a oa ee eee orate | market “duprciatod the stock they. Noli | Hons or otherwise that might hiader of om‘atr ae . aoe ure Gould and Met Sieve tGatn ¢ Th the first place, as to any adidavit which has bee | and Was ruinous to them, hen this coutreversy | the coipan &o.. oF upbiy lig for bag uppommuneut liens of the | te ed tt “Belmont is plainti®, and 1 re. | company gad its operations and of the litigations | thestockholders. Mr. Richard Schell, a large sto ‘x. | made by Judge ‘Harnard, sizned by him, but not sm which have arisen conceratag it, They are ‘et holder, aid Mr. Blootgood, the client then of one of order of tue Court, authorizing “thet during the z a tHe decision thereof; tuat L. the aatd Belinoat and Lucke are ‘ ws ect re olen his compeers, the nero and victor of a thousand | folders of the waue Kind of sock as tunt held by this de | PEE ae et at EAU Penn a vntodsresy natray, | read in witich ay namo has beon introduced my | commenced the stock was soihog on March) a. 43 | of @ receive fod then’ conelndes, “Ad it ie logal jousis, the indo uttab:e and enorgetie Charies | ponent, then this wction was rough ag much for tue protec: | wqid complain’ an pediion of wald Beimoot, and L deny ail | {ck nda wou the otuer wid Kuow that I an sonst: | Por cent, ‘The charge Was that Fisk, Gould and | ordered that Jay Gould be aad ts hereby apo mid ‘ O’Couor. Then followed on the same side the other | jose, Nerenld Mock ue Hat oF Sls cov . ¥ the alleuabong therelg, chaning sn wa aug vaca | ve on such a ubicct and pernaps Shey, shout Drew were nverested to short, speoniations. ‘on the | £9 inks ge and control of entd monsss of te J i ‘hia’ th that it fs trao that at one nw wight taterrap! at OF 1 entation of orning r Mr. r : loaders in the touruamsit. On tus side of Belmont } yne y deponant further cays that Ut Oyiuont ot Mesars. JAMES FISK, IB. | cage, [sill not, however, peralt that experiment | 35,030,009 of stock, and in one day the whole of that and Davies—Edwards Pierrepont, Henry ©. Davics, | Fisk, Belden % Co, v ehenibeen goin theli Aaa an taleg dase: Se pony woos. | to succeed, Your Honor will bo eatirely satisfiel | stock was ae The ie = fyb morning sin.iogt the . B. Eaton, Judge Noah Davis, C. py to tne ta ol 2 ow, and have beer wars, depos and ard fam | that noting has occurred tu this caso whitch wili | was at 33 would not briug 70 in the afternoon. r x x nl D. B. Eaton, Judze Noah Davis, ©. A. Rapailo and ‘now, and have been stave its orgaulzativa, the trausfer clork render me ut ull reluctant to have my conaeoiton | suitof Mr, Scveil was tiled on that very day, a short | par! of Jay Gou'd is to keep in his clatcies-—ta 3 hs he has been enuaset and oo eS of ine Erie Railway Gompiuy, an’ have Had and now have ul their knights and attendants and men-at-arms, Bo eaten that he his ever pur | oh trot tistrmanfer bioce’ Noae of tho 400 avaron-or | Wittst fully in-eatigated, In regard to ‘ir. Drew's | bill, to try and sion le issue of this stock. But that | clutches of himself and Fisk loseiher—\he meners of the Erte Ratlroat lig tacad, ia On the opposite side of the arena, armed and pre- hereiu—for the purpo e of ald- bok mentioned and referre ito ia the complalnt tu thr avidavit, the other side have enleavored to degrade | was disverarded also. ‘Then the attachments were of the Brie }ailroad Company. Your Honor will see or af thm, orang obier por | Gon of Anguat Bama. ad Grurat is, Lucky, a4 ow this con’roversy by giving iv the aspect of eack ‘ed and these parties fled to New Jersey. Detec- | how consistently with every act of his ts this clans pared at all points for the eucounter and chafing tim- patieutly for the su:amons to charge, appeared t! able and experienced chieftain (taking the post of honor on the part of the Whelpley and Gould faction) Edwin W, Stoughton; next fol- speculation i} a in connection with Mr. Drew, wero a@inployed aud we finally aucceeted in | We wnake agaiaat hin, i TI thoughe that the anawer of Mr, Besmont under | caiehing Mr. Gould in Albany, where he had gone Counsel then read further from the onter of dads i 9 | Thesee ’ oath would have silenced them oa that subect. for the purpose of rettlag soine relief from the Leg's- Barnard, as follows:—"*O0r of a exe viewer mitee Rapatlo—are these all the papers to bo read? | gurreader of ot! aves, lof which had vee iasued Mur, Stowgis on taqu red how imany counsel would | lature. As tine went on tho other defendants came | Who lay have authority uuder the constitution oF tan Ap ner e one eee eer. | ee ee oe ee ee eliat tee abockhol the | Pe tllowed on exch sito, and alter some coaference | in an} the pr eines cwent oa in shies! conten pt oharies OIG SOOEF.* "1 th eaten. ha TOMnGA oe nore to be read, further aay 1 ninde up she th stockholiers of the mie Court said he wou ite , aaendl an-nediaz2) menaliane spartion’ hin 03 0 + thre f lion—There ure the aMdavits of Gould, | Erle Kailway Company (urais e! to the taspeet Yue Court sail ve would not init counsel ay to | proceeding. lin y ai P ri Joni Baan acound, these pacties t thea 7 raw OF to’ald thea ia duing | them, and for which ceri :atus ware fesue t July 17, Vt whais seve , Qevoler at 1.6 Corin auy pa. ot ab res tastted 10 ‘uous at the conve: tlle b: rod to Ja the bik of action, in cay of Novem aes rUlienter forasald wors Issel oa tue lowed in the order of their rank and deeds Ma . nM of ce | time, but would alloy ong counsel to open ta the | ied Mr. Scieli in| his suit made a: in legal arips Vavid Dudley Field, Judge Portor, juid ObGET3. Moa on the Th ay ot a tae ota et ead | Belmont cave, agots.t to onea In the Davies cars, | cation to tho Supreme Conrt to aapoint a roe in the managemeat of the (a2 1s of ¥ Clarence A. -eward, A. J. Vanderpoe!, with their re POUR gt Paste varg to | company. JUL. AHTETON. | | tivo counsel to realy aad Ms. O'Gonor to ciose the | of the money wach fad been Teattaod trom the sale “ “ ited : davi we presente our [es NOY aes of this stock; a vel a plicattoa ous t tainers and attcndal.s, the late” bethg soma time | Tai We Mis ie urie Qulreal Compaoy-—for | AFFIDAVIT OF CHARLTA A. Prok—Tum BUROTON OF Saeeeae elo aileeed that these | parties with using tie moneys MARG LO: argament, a ‘Me. upaito resimed. So far as there hasbeen an; made by the bill i 8 M a i he brow is 4 moueys were in the hands of Fisk aad coaid, and | specaia‘tons to caraer t railroad s: 1 bes leave | oot in the hands of tho company. Altera good deal | pany——we charge them tw the corply rv. The fast | of Ntigation a recetver was appointed, His pro- these very words, Now we do not onject Wo the pele | busily engaced iu selectins from their respective | wri com, any Mr. Ficld and Inj self appear—t will AS Big sae | ‘an illustra. | ceadiags were stayed by orders, aad an appeal was of stock goluz up, Not by any mewn dak we object legal arsenals the paper Mapleiments of war tuat | — ; ‘ r that | ciate Unat the papers on Wuich this moun ts made— ora af el Were to be wicided in the couung bgut by the pria- | tie qnoron bavika a twoivid purpose: to reaove cipal combatants. : : . rl 7 Y 7 could from the reeeiversiup and tuterpoluto iu bis ‘ne herald of the court having announced with the pace Mr. Henry B. Da ies—the papera, your Honor, lutimution, hove or e'sewhere, that aM any imanier concericd tn tis tigate to disavow tt in th most positive mang that we have obtained tils a Naavit is be tion ot tue Ont aditee that when a ¢ a casa of on to the General nd, fually, tie Geagcal | to the moneys of the comp ny belug jeopardized and usual fou of *. yes, oyez,” the approach of the ; ey pros of the evminon nyt ta) 1! ul A c es yards w x juclge of ra eee Te eet onary, | WerO ered last Sudantay afternoon; and the put | the.oo all tie voles which were e! tia wection en tonthe | porsoad ali out Honest mon stand @ cuance Lo get | Herm, aller anzeilh Aue ‘4 'sho agpontment of | hacarded by thelr issuing Hegituale Sivek, usiag Sndgge Setson, Sipe wat venerable funchonary. | ti, knowing peefoctly well {coin tho Wacory ui Wiis | jrpitsret stuck of wnld company were east ia tayo, ot mid | thee Figs. IL was under these cironae | that receiver. In the meaatime motions were male | the company’s money to pul it atauy price io i aay and tiese direct- | sorve their own ends and pnt moomey 1 there pookety enue Ree aoatemane waved The Ooure wih tne controversy, With which t ey wore ail faiuiiar, that | Hoar’; that ail of tue aiares, votos oa which were so | xtunces that we saccecded in obtaining | ou bonalf of the railway o LN oD eS Te te eo eieased | aby stagxestion of delay for the purpose of making | cam ia aver of aad Hoard of Dielors ati! | tug aiidavit from Mr, Drew. | Mr. Belmont | ora to dissoivo tna fajune the ca'utavon, aud ai oie, Wit rus any eireumloce- the chang 8 would be sugmatized as an cifori ty | on tho buoks, of the conjagy nt ths Lo P| ben in preparation for weeks before tnis | granted provibittag further 14303 ol stock and fur- before we had sean thetr peti: tion Wuatever—a iain sguored by Judge Nelson— one and pul oif judicial uc ton, have prepared | ae te | corner” waren brougit Mit. Diew out of his corner | ther Coayersina invo sinox of the outstanding con- | sav that had they seen those eininges e: aster withla waat hours, such aMltavils ns fo. to make thls atiday Is ‘corner? got up vy | versib'e bonds of the company. nose motions | davits they would not have imst.uted th nd wiich had beea | at the expense of the compaxy. ‘That was onr orgs and 1 youture to ares and oar at 43 proce said evectfon, and had no re th Tuces i. tae day, " “ c baie Ted ne O58 e Court saison a ota ro om, ut bo jet SEO Peake TAA IRSOl tar re petteey Fisk B-Gould, as ol arede wa Te ee ene ee avercnen Leppert i apt teeth: eae io re dpetecr rp Cee een Aue. i re ant 23-8 ¥¢ g | seut bo jute: oo i r nd frou ul in as daToriag, | or twelve days ¥ eH ICUSSLOIL. i Ho #aid—iay it please your Honor, this of the con gomnpang, and froin wise Wall sire t was aatariag. | OF UeNe Cty thorongily atzued, and he fina'ly | | Counsel then quoted the orier grantol on petition, —_, 4 r ™ Mr. brew Was (hen co-operating w:th theia, a8 ao- ¥ > Sy sald sige therwoh wth wad Lat was duly certlind by the | pans by hls own ailldavit, iM lockIng ap nuney. it | dealed the motions to dissoive te Inuuctions tu the dated Novermbor 13, 156s, in tae case o' ie Lap 1s a motion for the issuance of an order of this Court f Sictutoga to set aside an order of the Jude of the United heh se hy % States Vistrict Court of this districh appoitin: }, | Court, aud which t3 part of Atos that the whole ninver of shares of coni.non vtock | appears they gor him gitort. ‘They taruel oa one of | clearest manner possible, basing his opinion upoa | against toe Erle Raitroal Coapany Pe s Dp oO. D 01 papers here, with acia or miscond et of the gravest nN PY ntied to be voted uy t anid elect! art ‘ % . i the Waut of power in the company to issue that | Winch order was modified to read as iollows:—* "That See ee eare bec ta shi oie pany. Ail | character, they had no opportunity either t0 tacet wate a tha, rsa oad Beer Seat tp aeauecaucte atin te ihe the at Opp was taken irom, that decision to | the sald Jay Gould va agihoriaad to appiy 6 muco suteirtne cavs—in tie cose of J. Guald, one of tuo | Mem. the | order to alow cause beiity | | That at the sell eeatan ne, Peseta nor wesmay ovo | wireatoued to do, ke went ovor to the cuciny, bs- | tee a ndar our & Whet that was reached npon | of te woaeys of tie conoway aa are aoa an Is principal defendants, personally. I now ask tie — 7 aes Or thier aah tb op ot atonid cheetion; that the existing tuuse he has beea an easy from tie beguulug to | the eotendar our adversarics asked leave of the Court | hand or tual may Kid Me Pe tinea th M009 Court to aliow a hicarny to be had fn the case. ne hd bing it Lag eke. i he AAR pI ta | tinaahnaway ela f tie cud of ths iltizasion, aad always wil be so far | to withdraw tuat appest, Tt was denied, We fu- | necosary to purchase oF Weitudcaw tho 29% ‘The Court—Proceed with the case. fanares Lae aspire ram joage A toa tp fut of the persona who votod at | ay regards the frauds develope in the course of this | sisted that these gpov'd be an adiruance or are- | shares mentioned git spe ied ta gata pollen : aeons sia he appeared for Mr. Whelpley, wen tat the eeding ol ie ey acts he 4 ty to he saia iaotion, together with the number of shares of stock on | investi,ation, A great deal has beeo said veces and the Court Lene us. The. rae aide provided ray Ree, pe 3 at @ teasunsln piaint in the cake, Tet aay took ak aha Bee Hai | Papers thcre, Bat wow, your {iouor, we have adida | | Thad this depanent hes boon and bas acto! as tospeote ee into stoke. Midd cae tte yest en Mig ti Teves co far as biare 1s any inw netiled in tals | ‘That diamber onler, your Honor, authorizes th ( Company, of a similar character as that owned Se eet ot sont, andl wtclt Will wea, | tasctwenty years, ant ia Tamtliar ait tie rane tn whi ailway Company Is @ reorganiaa lon of the od | case, { sabinit that the law of chy Supreme Cour: of preavlent of th3 company to do. ins. ver aot we by him ond in behaif of which he brought Ins suit. a SO a ae Cie iy | much elections arg contuctod, nad as they are required. law Jew ‘ork qud pre Naiiroad Company. ‘That cou | vk ts adverse to this power. tt was under | accuse iim with tryiag to do witiout au orto: ti Counsel then asked tor an order of reierence to de. | Wave beou so prevalent, aud aithongh we OLE LY | to be conducted, and is familar wiih the provisions of pany b2éoalas insolvent aad having mortgaged its | these cireninstances that negotiations were opeacd | 14, Mivesting the radrond company’s mone fa Byer termine Wietuer ta point of tact Belmuut owned any | HAVE one or two lnore Feady boiore the reading CAN | aw re.ulath ing tha same, ani that the eechon | road tie morigaze Wad fo ec fed ail thy company | wih Mr, Sci hI took no | lation to the amoant of twenty miilons, Thas Yhis was the | omer stayed our proceedings ta tre Belmont 0! such stock. be concluded we ainail ask for no deluy, of directors o. the ald rie Hallway Company adovemon- | roe gauized under the sanciion of an act of the Legli- | part Mr. O'Uonor—Snch @ course does not belong to 2 ages Neisun—Go on with te reading of your Honed WE BoE at eae ch arerions ee eee or cow York. Und of tha provisions of that | position of tie parties wilca cocresd sack ® settic- | suit ito, and restrained ay from, prosooultig BPs ense, Poceedings bat would wotuio ements | "fr Siughton will soit Hons, DORE AakIng 9 J RERESIC BP%e,_ | achWwas chat the pugeaner oF the rou might eas | mens. On te got Le Paina we tan aoa Cu | oP oat onder was served ‘on dir. Puion” after ve ia 4 4 D, clate with him enough t> form & corpor: no, With | tod pend apon for tress: pt sach fine 1 d he The Couri—Yes; I agreo with counsel that that | Dole ote ete orhplaine werved ol Hae Oa Dag. | APPIDAYIT OF ie thy AL EICRIVEE. | seventeca diroctons, under the nains Tema rg hai | Court ght Lnposo tu the conteapt proceedings. | hat cansed the complaint on bia suit to be s-rved ‘Would be golag into t e merits of the case. weuty. are Court OF tie Bieta » Whebr'ey way Company, tio capital siock of which company | On thoir aide they wore anxious to settio It, In order | Upon them and necessurily ued nis haada We wera Fe gh ge ir bdo ng = Ry Marra a atontin the argregate ties vountor ti | that tev wleht regun the free use of this fund | anxious to go on with our moron fo. a recaiversiilin OPENING BY MR, RAPALIL the complalut in the > Mr. Rapalio thea proceeded to far tp the Court, | Wil be found @ s'atemeut of the directors who were charging u) insel, elected in Uctobe ging upon counsel, on behalf of Whelpiey, with | ° yy ‘ge N-lsoa—Which do you refer to? a, having procured ‘he order appointing J. : rty of the Mr. Stoughtun—Tue coups of Belmont & mpl a conferred lupon the: fi capital @.ock of the od company aud tia amoant of | affer the recoiver’s appoimtuent had been coa- but this order stayed from tuking aay action ta tio Min meu, the uebrs of that cOnpany Witeg “vero not secured | airmed. Mr. 1oier B, Sweeny, now one of their | matter. Mr. Belsont filed nis sata. Gensing oe ceiver over cight mil Cla genuine stock of the defendant, or whether tho | DY mortgage. Various acts wero passod in 1862 aad ulreciors, whon they _ teken Into their aa tm on men Sooner Poon “A bri om Cards Bra eterea Chun vans-aranind trate Lucke avainst the Freie Kairead Company aad : cre wheter Wie | 1801 carrying out tuescheme, and the stock waste be ne Fece.ver. Our client's propariy was at the sk spenuiations connected with ie, wilh, the ford intraua of a proce fing tuen perailng ia ais others, and oa wanich the order for tie recetver Was that tha See wee! re taka plate to fle Halted by aa rsa ‘ne ehes ee a " entice ted ere tear wo ‘oie Pog get ‘na that, he never had any other iniercst in the iS ge: - 3th rocesdil ave tnker oe in this oN f: 0 Supreme Court of this states’ The wholp preevering | Made. It 13 a part or the wovlug papers. Your | Euume aren been. so ike aa n0 a So crtad, etecibe. kad | ot en erosnterwh inter MODe weED emeneTEa Aon nty Hn ne array? unt he wes Dol ‘uterosted 10 the Stwe, and which sy bn ae Fi stock of the New York and Erte Railroad Company | You mean no codcciloa ‘Agstust hin? contrary that he was i eanan by the Supreme Court forbade the compan, to atiow wny disp sition to eoinphaiot charges tuat vould, Fiike And Lane, tarce | company, (oF ony other person. Of ee eae at A > doa varie rr ~ Rapalto—U Bi Ho (Afr. Belinon)) d-nied evsphia-tenl'y, also, mane sth Eetor' tha y Gould or any other ou, bat | waa autiorized to be converted into comuon stuck, Mr. Xapallo—Certainty not. But we did not noint- | value. fo (Mr. Belu 4 » ree he — ee Fri na nea “her - “e Pat ae a career, ea Owe that the th recurng from | The deuts were ascertained tu atuotat to avout | Bate any revelyer, The frst vecelver nomiaated was | that he had any: connection “cool Decson Comyn the vegviar chauno: aud theou-t the baud Of tie | Clock d, there was alse elecied with them a putnber | tom ‘of th fueetion proses you whic ed stock ws authorized | © riaialy ouv I never should havessenced to. The | ested in stock Opereneaes tee “itheriand to alow Caen oe tell by talge caheriaed, bul ia Oona. | of «ther ven.cmen, t» the number of Won or eleven, | b suet of all partire interente! in thie dec! ued, That was a fixed amouai, which second receiver | had no matramentality im soloct- | talned an order yom Judge siiidian, Th enna sition to tila tre Oruet sppoiuung J. Gould was se iktthene. gentionen peevonaily od: | ie the said 'eimoat and Luoke are holierso! theame kind | Rever ence been chanyed and cannot Ye change ing. He was the nominee of the Court. Mr. Schoii, | cause, returnable on Monuay, Wi! r : ior BDPOUSTINE "2. Gould was . >? gk 2 Me a ee ir Uy tha devonent, tren thie sala accom | The comiNen stock of tae Oit company Was about | uilder these circninstances, negotiate’ with som of } Ings id not be ret aside. Corinael at tint tine obtained, and that party appointed such receiver was the las: person in tue world that should have been eelecied by any court having Knowledge of | dire the circuwstances of the cas in iac:, the | (hs election, and from ents if Wit B49 appear that tye eraployment of Messrs, Plex, iielden © Co. Motion iad becninade inthe | fates Conrt | 'hese so-calied conxpirators met With (he approval ot ‘been ao in their employ for t wih a view aud was a cor ce to throw | she stovkhoWers of the eowpany. Ito avers that for about the lant three mo: aroun! this maa, then beug prov a ." el-chiwn of diccctors by iret, Now li | 2 Sket prope waa brouiht as mitch for the provection of their sald stock ax | $11,5.0, 100, and that was all the comimon stock the the directors a settlement of his claims. Tha Court | a) that ‘Was ho power on a judg: outside ka that chare wax on y one tlckot proydscd ‘OF | Mat of hw enonant of ant other heli Fats veyouest | Rew company Kad power to tsaue, “Wat im 1964 tho | required, ag a condition of discharging this tocol ofthe court ty lesue au orice under the, orca Ak peat oninds ait oe further save that It fs bro that at one time he wes a clk io | company Was alowed by acto: the Legislature to | crit » that the dersndunts shouid pay tha Feceiver's | stancas presented in ths cxse, He argned that t ‘i bale denios | Inereuse their common stock $5,000,0.0 cor certan | fors, aiid also pay the cowass foes Oi Mr. Sotell in the | order appointing a receiver was one watch snout: he has bees ea. | PUrposes, making if about $16,5°0,000, Ry two sud- | sult. The com; ‘fAasou el to these terms, aad an | be mate in open court, execpt in Gi. hinown eceount, | Requent sets iney were authorized to issue tiity-four | O.der was 9 to thal etlect—that the receiver roceodings, With “were no: present ja chased or giures more. But this was all that they were ever | suvald be discharged oa the payient of the fees aud. 13 But everytaing was done on th eeded against | Jit. Pierrepout—Do the aiidavits state thay fhe | EM aC antes th: in & State court for his miscunduct, the mantei | Parties rei-rred to were present and voted Or |; he now holds any stock Mot Vang’ kind Ine. 3 " i 8 5 G vd 5 al to fasue. To tie cart; art expenses, wi very heavy in this ¥ ol ile A and seen a Salt cours <a to wrest trom Moye ign Lone * OF | ny eee Gout, ee ee Ee ne Blain 1409 Mr. | Daujet Drew. who a Mr. Berearen eee mace $10,000 Ae a ve cha aa and coal en be fhanieas Wwitt deltas, he. was ‘misuppropriating, “uhe mene by Savoy | Aaa that fo, Wee AN Id ani eeune so ee eitsapee Of aly frauds: or to ald im tnsloing | SACCUOF OF bite Consens, SBM Wo Mr. Rapalio—I heileve thay were; but that was no | We pressed the motion wich ail the Vizor we oo: Sek Wis Mh een Ree A Wuch mat ewe wore® 4 aoe a 200 ee acne, HENRY B, WHELPLEY, charged with doing whut we now oo” beneiit to any of us. Nothifg that was pard the re- | and Judge Sutherland «decided to hear the wie the United staies courts is but fb or udge of ena abe on ie wa 0 know what | any improper act wre. * aan THR #25,000 oy | bis successor, Win dolvg, made ‘a arran 28a c benedion BS, directiy or indirectly. The | case between two and three o'clock that afteravol, eR a ea for a ANOTHER AFFIDAVIT BY Jay COULD—THB $25) with the company by which he got poswsestion vu. ' & fees Were ixoac, 72% 00. 43 Naw wow! Stated | after he had decided to vacate the orderim the Mcin- Saderrenacen those men w No ure reeking ue tontzhton— —_ wil Ind that ont presently, TH SPECIAL FUND. oa ot its stock oa an waves Doar Mate pe | tosne Hee: That money was eiaviacad fo the | tom pro’ vm, While coun cl was arguing the Sentzol of the the mati or, te fo we age? Neison—stato the “wabstauce of thy ail. aie following liavit was also read by the cdiifi- Te id hers for the rst ume arose the ‘aes nd armoant part fo MP. Sohell. onder ‘Vireoved it | nue betore Jude eutheriant Oil) of the couusel om menced an action i the Supre:ue Coart of the State Mr. Stoughton—Yes, your Honor; but I do no 7 shia ie . ‘of tha couversiva of bORAs. Me gos that stoca and | should nut be pals ec sue a ro ir. Schell, I néver fie otier ee ore oe ste ais coats eee ~ m2 specifically frou aay person; bat T | @ couden. 12 ( ‘ doprdsa the | received that -* 7 a motion and accepting appearance— ment for ity gervices Mr, Schell, | ing wotice ww ion for a recsiver; and in this Against J. Gould. James Fisk, Jr, Frederick K. Lane and other dire:tors of the Ratiroad company; Vhat Gourd being presitent aad treasurer of the company, the compaint in thatecace » An illegitimate issue of stock Was mac certala contrivances and devices da Fredrick R. wish counsel to misunderstand m aMeH Of the paries who voted wud ares _ represenved, sx udze lorter proceed d with the readin; the atuarlis r ~ Se AYPADAYE ing sworn, says that he ia President of tho | ¢-a4 using it in Wad sirect to Clevate - ky herpes wanker price of Erie stock as his apecuiations might | received p. ionn paid ether to He wrod | tictaid, JD Uctever, 1667, tuere Was an election in | From wha: fund i was pald, o¢ Whether from a fand | Watving no'ice or = Who wore counael for Davies | dette. Oe biroccora aid Mt. Frank Work aud Mr, | “trom which the money could not be taken without | way tho bul is filed au ‘He order obiained for the wy tn the Wtigatlon of July last, an Drow were lected directors. “Mr. Work fouur that | commuitiay a felony,” Uhave no ineans of knowing. | appointinent of Gould as relive. Oost ze lore, eum was paid fo ihe other of sald conaeal ont of the | Mr. Drew waa still cag gnie stock iu che market and | While } coal Mate Wished these. peoceoting (to |: i Sieh cats was a collusive proced <5. 4 $110.27 pald by anid company to Richard Schelt in seulement | hg tiled @ bill agaitt Mr, Pew tocompel bla co | puuiah for contempt to bo prosecuted 10 the very | no? deny the collusion; he denies ‘bat he colgded iy Lovramye Jag | Se an . ; wD. | Caneel that stovk oa the grand tha. the company | end, Thad fo Rubult to the setieuout of the case, | for afrinluient purpose, Gould bins. OS tine present oar 0 1T or ‘Tan casaree oF THe nets COMPANY Pit | jad no power ty issue it od Mr. Drew was | ‘che lateresis of My glicnt were uoder his own coa- | whien the pili was being drafted he surgestet vast We Justin D. White, being ewor depose 1 enf goabler In the mstruinenial ax ad officer Company ia | trol. and_ he chose to eéters Lor a pecuniary compen- | was ths proper person to be aAypolntad receiver. ofics of the Erie Rallwey Compasy aud have Degh so for | isauing it tilegaily, wud therefore ought 10 surrender | sation. Perbips he was not bount to prosecute Mr. Plerrepont—Ho (Would) syecitically says thas twe ve monthe; Jam soquntited with the his Pe ‘wins Je | ittothe company to be can ied, ‘fhat.was the | waen the parties wao injured him offered | he was the proper persdd Jo be the reveiver in hid e Mtigation, commenciig (A February, | first litigation that took place. Attho saue fuetac | to pay him his losses, As to suitienon:s with any | affidavit. ¥. ‘here was # bylaw whic vested all ¢ wer of tie Board of Drector. mca Dxeentive Cou Mitles, Which Was Composed of LV persons, two of Whow, with tue president, could act as such board; that thes: three mep had gone on mana, ne bonds, convert ie or otherwh tefendant; (iat ali 0° the bonds isaned by the vueowed by Ht prior bow, that » thy aid 18th day of Oct ir fy @ dnta ot salt election there hus been nd | Commonly Kpown as th ing tie avulrs of the company as Licey plea the defendant, except such as waa invio! 186s, and en y "1 by + hel 1 . . 7 trolling 103 aeseus and moe p-Lrerg patna 6 toa on OF Wemie ne ob ‘oteresatd fewest peace melon | oe thes em aren, of at rear! te ps Atrcrney Goneral inscituied proceedings lor the sus. | Otlier parties | had nothtag to do with tt, and know Mr. N\apatio—If your Honor picset, can it pe de- ‘ Bourd of Directors, aud that uo such Cn ant ta poiredaies of groe neat erubalue sin peared aa counse! of Kishard Schell and oth clang Fouevai of Ar Dvew as director, aud | Dot ‘What settlements were made, Mr. Schell was my | nied that the whole object o° tho proceedings In thle Dei held since the election of the board of bites me would be eouverted lato awe at Cailad tho Vanderbilt party. in the vest Choris ine Hoey Wis taste atisponding him ws such direcior, | only chea:. hat settlement was consumnated on | case WB to frustrate tne proceedin.w aint action of ything had been unuo t tr + ‘Kum, Lesa | That Was What was calied the Work litigation. Mr. tie vd or 40h of July. On the icth Mr, Drew resigned | the suprome Court of tua State, thd Court iy Goud, «isk and Laue: 7 a the fasning .o” sh, Daniel | Work ang soine of is Irionds were oppose dt by Mr, id over these $5,090,000 of #6000000 to Mr, | that had already obtained jortsdretion in the Ow Of stock legnily previous to the | 224 ataeibor WeTaik oot Tharieg A Ko | Drew, Mr. Gould an! Mr Fisk. ‘The combination Who was apponited treasurer, Bue he coud | Matte", and whieh was about appointing |B a0 eek luegalls previous to the } pany, ‘ut the na ue were mainte with ve. gevecsl funds of sof reed bellecy hereto | Draw. Mr. Could WO ‘sk & Lage Was then Goud, | Moc comtrul the cummiltes without makwg himself | rucelvor? | Judge Sunderiand. after hearing cee a rn : mpany, wad wer yk Aa such other funds were kept, rie Eailroad Fisk & Drew. Thov, supp. that Mr. Work was | president, Then Mfr. Nidridge reagued his oMce and | Motion, deterrained that it was a case in whicls . ot thaws wasen ao, oem ol Bute w er thereof by theeowpany, bo of auch’ settionent wich races, loaded up with Bre atocn, thought perht ur. Gould was pat in his place as preskival lr, Kaporatively demande? a receiver, and he though’ $16,993,000, Which they hod in. tel hanus tat % Proce ritcular bond or bona, or | formed and believes, are tn the handwritin squelch the Utigation by issaiag Bidekige waiked out of tie ofico with $4,000,009 of | he would name a rece. ver against whom the siaiow Was aviorloua tuat by iockius wp thie) \',v00,000 and fog pool wean a boys on its fo ater te nae out of which the $25,000 mentioned And they tasnod $6,000q,9 M Stock of tho the Gre Katiway Compauy’s woney. It is tor your | of guspicion or reproach couid uot be found, a gone times using 1 as @ Mean of | rocuri! "OU . i 6 receipts aad expenditures as | jm one o ois Geieniane ae he an tad mentionel | Brig Ralway Company. ‘They ‘a! it i tts wise. Honor to say whether be woull have given up his | tleman wio had recently let the highest position sims of money I was nolonous tant the wile the nc. eiualare oF ihe ‘ate of New Yorks | They gor the Boent of Direc: TS, 10 pass | poution if be had not got that money. What Flee | oo ne eee Court of Appenm—and “tune he Commercini bus'ness of the state Was putalyzen. tls st Peimont and ition Waves end itvetons fants the’ resvintion of the 19th of ary, wittoh thay to expond $4,000,900 of tae money of the | Jadgo of the Court of Appeais—and that he Agricultiiral w:ereste auteced vevere y ud we rai. Companies.” (ere is copied ® letter trom Mi . inset Torch nth Bil of compieinc fe v.'#,cues, | company, belonging to the stockholders, im baying | (uigo Futheriand) | would take euch oral ney interesta saeriicea, aud, f Srary tise eek complaint jo said a as aught by ihe Lele RateaG Coe whieh agtior.ze1 the Bxecutive Com mittee ty alse Prerrbnben J aed ~ Craereane: hall cosrtip nat Wiens wer had, ieret or oe er 4 at required tite age of thoney. re was not then ew : ~ ray Com "ouena © | Bldndge was pr pt watever ha’ eretofors tra spied wit A severe prossuse, And it 1c iat tess teria A gE A BB ym Mg hy heme hy Teed maa cn eeae diaatie Os ouseta Ue Doe Mee ae ri eiiSara tk no atigzation In the bill | regurd 19 tha road the proverty of the compauy meu (oud, Fak and Lano) uscd all ve money and AUMCUL OF which the ‘sald. ate | plalot in sald actlon, and J believe ail the allegntisus the Ov ain it. Cndor thal resolution the isxecautve cm- | Aue adavit amectlug the integrity, initellt- | shonlt ut tenet be secure. |All thi wis tree ee Mads of tue compuny tor ther ow: par ~ by used having at the earnot | ‘be true, J.D. Wills. mittee resolved to iasue 00.0 of c “ co OF Oiielal action of avy director excepting | tho aciton of the other side ob.aining an order im and to their private udvantave, ‘shat Ke 1 fi Bemout THE NROFIET FOR WHE MONTY. | Houde of ihe company, ‘By tue tenth subdivision on | these, - i this court. It was to set aside thet order the pres sringeney In the money tulkut Mii toutauige | fet be coms i | eoetved,, New, Yara, JUy 2, 0%, othe rte Ratwny | rhe twenty-ciguth section of the wenert Mategt | Ste Rapalto—da f0 the, other directors, there are | eng notin and proce ii Were nat son informed rk tiey deprer.ated the stoe f ‘ Mo ‘ one we cor h ° e ‘emen oF Ligh character amon en, Jouns v1 ci |, Frudcre Nat y til te-watne fel to © low fans ohes | a iF ane Meeed a eeeeereed | hor tee coer Iuah Gate Sue fie ie | are Te eaveay SENOS tal be tre cemst orphan eet ead oN seeashe But they werd | counsel ett they inust conchide tie erge Lo-tnorrOW § ‘ they would purchase it and tien ratay the pri b |} anid 1 wel: charges, ‘the proveediags for the app tof | Pletion aud operation of tacit roa 1a 0 taste bo: te | powerless, But the fa’ is tuleged that they hava | that to enable them to do so he would prolong the Q7ain, tie nico genernily chaveed tuat they (Jud, | weree Rives ths henringet nal, Moot RICHARD SUHLLL.” | therefor, secured by mortgage upon thel Doo el thls Exesagre Commitee to manage the | Kcaston of the conrt, Connsel arroot that thay would Fisk Gnd Lane) Bad bed enpeced 1h Reece ck | Lheve been engaged tetproperianes aici ecoare | Gen 0M. Fret rocured Uy i terase, UpOd thelr FoR. | Sala Tite Company, anh iat fact fy noteniy wd. | be able to dnish. ‘The court then adjvarned ib shinee ¢ pro, criy not Tet aina‘e fur raiicou pure | {11% the anid wet'na th tho Wis cote, and. bere'cer gee |’ eeu Gand eGenad chee iar as pocosnaey for tHOCOMpICLION OAT Oberatieh we | ariton’ B's KWOrh 2060, FHS y, NCC, aides, Mciieo | Seven O'elooe sila MORRIE» s— purchase Osh te ANI other pi t iat copies of said aliidavile nro 4 OR ARD O29, their road, and they imay secu e f 1h for ft tg INN a cate satel ase purchas a, r | 3 i ‘d wudge Cardos sod c i rer’ $ . > Fis rn Y ving bones thereior, and sty the ale the oomptatnt of said Beimont that | Special Term, on hrpmber 25. 2064, 48 eS ee oF a bent tas =s tho right to convert drlege were x60 by Mac and Lave. ood the | Mt! Anothor Salt Against the Erie “Ring? — . charging then with various ornor act 1 ino acts Of aise duct. it Was coough, counsel said, to show Gx ‘al char eter of th © cLarges wade agains. t ne State court, and oa which it jutzlit be hey wers on trial, on & for Inunction then | 5 Kk of the company. In 1s taade Compiler oF tae cor ion cter Wo prov avother rection the law provides wat”. the antclent numbe and the ac any | i of ritm@eriy cousisine of “ieee | Phe Attorney General “Ringing Inv—Actlos 5 @ accom) any ing | eepital of the company sual be Axed und limited: | respectable tlemen, Wi Wee . for the Romeval ot the Direc rT MOTION TO BKPUNGB es From Tr? arrt- | a voto of two-lurds m amoun of nll ta ate Kholders tie i at ets i tusl? pol ! 4 P efor bined Before Judge Ruf i f “ renting a | Auust Veltont et al, va, ‘a | al. ying ual’ shases | ey ying proceed: pared OF kAUGd AS @ Preien ed courersn | of the sald company, f deny the sane | 24 4 ne some fe Wh untrne, and ho MCh Celie le Railroad © ding, when viat night, moa: The close of the ar pity aveb ehere or shares y When the iearied aud wprt he Judge w : [eccechee | 3 pavn @ tite MNAHAND IM Lite € spiel wtOeK OC no PUWOE Ww 1s rope nee wy ive 2 relriag Ube case Was conupeted by tie crac, So nea aee eee ite |g tf O'ConOr moved to auppresa from tho amMdav its the consiruc'ion given to that acc Tosapore they Micht wit sath gost tte ae coo gah oe i Hits of the frauds oxtinited to give aoe nas Fen Cage mg ne | eta ements with regard tthe counecuon uf. nage Sen, upou Our wide, that the power to con. | had & righ nee chat tee snag oo Rg Raja ge Nig Wao was at tue time nuable to ‘concest the feclng i hyo ubvapca or certitionte to wt Davies with the former auite Jay Gouil makes an to stock ty 8 :v0 ind subject to | chied the pow te Boggy Eggi a igs brags ono these (enuds made upon bli. ‘Then connsel scene far 10 {he dail eompialat eo Amdavit, not upon Information or bolief, but polut jon of ‘of tl % | was nome econ thelr not oarsytugthe itigation | F°ezerick Ae “athe: 19 another ecient (eS te stdge of tho Court to Lirow Mis mati wy that anid bow! ‘ ‘oles ten yrmry and | tucriced by the act Of April al, 186%—a fund | mone’ to complee and t ‘atood. W ppeud pouikon Wan tguin viewseds Bes | ; y y 7) tiem aud to doleac AD Onder Granted {te une et | folie tear wae tnatemously elected aa wilavpear more | Which cout’ not have been drawn wpou by any per. | parties have been ale Of Chote stoeie to | ho ong co uphanal att riauae violated, But | already soverely cou. - stock, and i» broughs is giretioh abate recind wo Ute ebar soa knowingly without coumiiting a felony, and | rase a suficiont y Tuty borrow it aud Appeared in sue pe fron Stoveon, og) | Helation to Erie Retiway nnticutton of the Attor- jug by sudge sutherland. ‘(iat dndge Bisel e vuverty fatimmated in | ‘ who cous ) euat the & was pad efiher to erry B. Davies | give to the holder of " ea Dua ace of iy bond the Option of b Ling wi MNO Sock they Nae do ised tuo a mount to | behalf of the Siate on tus . % js oxcoedingly nd ie acta for Witte! hts in |stut tae stockholders res or Charier A. R ‘Was 1 | was undoubted, for it cout | @ election fn person Were, oF Mu) V al, Counsel for What ty Known fa | bondheld i There 4 wht T ,f , 99 Ko WG, m yon er of a stock Wider as he may please, The 34,000,000 “ seal te cany vtidge, knowing those icla, would i ecule by tio alupiladerwiy. | Ute vwouieeb'tt party inthe Hugsiton of July twat | be noting fm that secon 40 aay ay Dieawe Tuers | BMI0u 02 ly these adecad su ay L will pnts | nay Meacrth ‘Te compRaita #7 ta vorified ty any auch oraee, Sanit phy FA A lly $420.000 oad Jong Fe i} phd counse: ote ot tho | of te ste eogamnes that there Is wtook existing | Of tie Logis. au eae ait trois wy hn | Voluutinous, covering forty Printed Pagem to & } that T shor % has ever bees edupbed ue, ove een ae ead @ ichatd Scholl. | Which can be wed for Ua Purpose, aud tha ly ihe | gels, for sone Pore S| by J r, of the vn of Rapa * of the history « teny thre ooThon Hen a wituess sweary that It is paid “eitier to | constenction wi.ch the Suyrewe ould covey layer Witte tie withesaes | bY James Ce Spencer, ox the fe ‘ a e ction whch ‘4 al we Court of tls Stave | could got Know wid ohers to tela. A bill was | Spencer, as the connsel of the ,Valntifs in thn Tit Ay Rapalio,’? it is plat KLows noting ebout it, and tuere fs nop! rely in making sucl an eildavit, be det for “fe master purpose to re ect w mn che petition of AnwiRt | fy i) Buprete court, "hs mdr Of Lo tie bane of becom | WOKS refers to the Keie ttt ation eon I Nirtiee deay that any con. | Pebruary Jat, ant reyes that in vie y have beer fs ed or any | Ntigation Henry FB. Davies and Char wet ta evchange theré | apreared a8 coun | orierd, comprising wit OC of the col ietare leguiizing tie issue of 1 tw & cumnanited im the A wd—I tak wnaal vous, dropped. Auetier UIl, or has giv © | action at tie request and by @usuorlty* pf te Avior. ney Uonerai, ‘ Was mare in tis very ssve—in the schall ldigation— | Wad Aver Wacda pasted , Itsots out the orgenianiton of the Erie Reitwoy that (uly section OF He wet did uve waluorice aa ioe | (wa Of sds daced sprit si, ana | COMPanY; that It t4 possessed of Valuable freNchives, Crease Petey all a On aE i Felurees to ug boo Cit $l00K. (AY ite Peau the act) | 804 properties, and capable when properly madaged mn an optaten, Its eviews toot ne Coats ature tnt Ostop | of yelling Iarse profita and revennes to ts stock. jo—1 pre-ume vyt; bot i om «ating ex. | with he issue of ihe pom > tednck, Tho Next point Was that uoueortuss | BOL NE Drew wud Mee Dies had | powers; tat upwards of $69,900,000 have been exe * devision ? 800 WAS Ly Aromat os ator, W jue ty oe property of ueusre; ‘ber Roy thot the al t devely that the ae i ty be put + ine fnterrupting ron. ent, wite V0: We do not prvpose io accept ge th cround on vnc | Your motion is niale, cor to ae. on tie avsuent4 or arguments uf couse. Noy doy) twcud to pak | the Court io recetve our etatomentees arenweats ta | reply, We tient to reat a tet ' Dikdevita with which we ns avits ba susie ‘ 8A. Vapallo fr Kieward Monet rant fact Guppowe the regular course to be to ve | + pains Wiereeeee jt Wad called the Vand issne ‘me Ade . i M wa Vion winch counsel. Tey, icxyiiog j the sane | it party, to the best kuowlotge and veut | version of Wondh tented Yor 1oney portomedys thar wow ew Of eoaverily 9 2 | pended npon Ka road Amd equiyments, tits amonne State the conieuts of sucti joy es ee th Li of the depouent, nm woo the bonis were ® Myre Pratert: Gat toy wore wm but 4 A Md | boing represented by enpltal Stuok, & feuded debe oF Yo state withont Fendiug, ve ne = Luwiotee ria belex@aears tomechin Sums Of 50,000 Cach, entirely dierent fro Cvinpauy tort, ho being Mole truetes $22,000,000 aad otwer Indedteduess; thas by sues. . bay AD wivieh wil howiedtge ai led swears bo Hachine Tad Ovd boud ever Liaued; al no mony © COMP ALY OF Loe Mee Of tie bones qnont acs of the Legtslutare tie corporation wae pat th diappoint the imasnat Of the gentie. Who is slating, 80. NEW) a Jovrey. | Unk ioe | o ‘n Ostock, tha converting of iho bends in’o | empowered vo Weresse Ma stock; tive on Necetaber® a CoM y'ain Of Tey have wot the | oy Log, the total timomat of copital stove of the om them; th & the company did no dite © h toswerl ton bolefunices ne | reecive He has no tig y fon to h can swear to some fact comb ned Which Wil be found do not be.ong uw Ito Case, $4 it, ag inivr- | eotue f " ME, O'Conor—I grou with the GuUMsol ou the other | Was the coud tnoneye Lave | ration. In Fesponsive auiievis of nus Kind, Givte | Wisi Fisk aad Gould, 1iMie Lule issis OF $9,09.0°9 eee ieee top ak Lic | compary Was 251,088 aneres, maing a total 1a par yeuave | te Mis Hae Kul wooelWably wt eu Ane | Deweed vet of F@nUATY Gad Lie dol Merely | vig Coase acl 5) consisi@at Wita Judge sutuerauds ) Peuuation of $5,105,809, and Wat tae company bad