The New York Herald Newspaper, March 21, 1869, Page 4

4 NEW YORK GITY. THE COURTS. SUPSEME COURT—SPECIAL ERM, The Union Vacific Railroad Case—Another Iron War—James Fisk, Jr., at the Wheel— He Steers the Monitor—Explosive Afida- vite—Rare Developments—Thomas Durant on the Stand, Before Judge Barnard. The People, ex rel James Fisk, Jr., vs, Thomas Cc. Durant,—This case, pursuant to adjournment, came up yesterday. The vice president of the com- pany appeared, under @ previous order to punish him for contempt for declining to submit to an ex- amination before a referee appointed to take testi- mony in the matter, Mr. David D, Field opened the proceedings by ask- ing for the commitment of Mr. Durant. Mr. Tracey, on behaif of the defendant, submitted that the order of reference was utterly invalid, and that therefore no contempt had been committed. The Court remarked that the surrounding circum- stances did not show any intentional contempt, and the defendant would not, therefore, be punished. He would, however, be compelled to proceed with bis examination. Thomas ©. Durant was then examined by Mr. Field—He said that he was vice president of the Union Paciic Railroad Company uad had been so since the iormation of the company; he is a director and a stockholder of the Credit Mobilier; he had been a director of the latter company; that ended nearly two years ago; he knew notiung of the Credit Mobilier since he left the dfrectorate; he sup| they had no funds; they had none when he last knew of them. $ What had become of them? ir. Tracey objected, but his objection was over- raul led. A. I can only etme nay the pein bg ae ys j they were invested] in steambo: es, Eawnulls gud advances to Air. Hoxie: Mr. Hoxie had acontract to bulid 100 miles of the Union Pacific Railroad; his name is A. H. Hoxie; he lives in Ne- braska. Q. How came the Credit Mobilier to get these funds nds ? Objeoted to, and objection overruled. A. By subscription to their own stock; their own Sapital subscribed by their own stockholders, and Paid in dollar for dollar; the Credit Mobilier has Feegived no property from the Union Pacific Rail- road, except as being agents for Mr. Hoxie in carry- ing Out his contract and making advances for him, they reeeived payment for him. Q On rst 100 miles of road only? A. The first 100 miles, and afterwards it was extended to the 100th meridian, 247 miles; Hoxte had that con- tract subsequently; the contract was made with Hoxie in Augtst, 1864; it was carried on under bis mame and he carried it until September or perhaps March, 1865; ther he exhausted his means and all the means of his ds, and applied to the Credit Mobilier, who agreed to carry out the contract for him as his agents and do the business for him; his contract was for cash, and the company sold the bonds and paid him in money; they gotthe bonds from the United States; the Credit Mobilter never had the bonds, they received the funds; the Union Pacific Company sold the bonds and used the funds in the construc- tion of the road; they the money over to the Credus Mobilier as Mr. Hoxie’s agent. Q. Did they pay over to the Credit Mobilier as agent of Mr. Hoxie the proceeds of all the bonds they received from the government? A. No; they used them in ali their business for constructing the road; I can’t tell the items in the coustruction of 500 or 1,00 miles of road. Q. Was not all the property received from the gov- erument of the United States for the construction of the road by the Union Pacitic Railroad Company in some form or its proceeds turned over to the Credit Mobilier? A. Never; the relation of the Credit Mobilier to the railroad company was simply as the agent of Hoxie in ci ing out his contract, up to 247 miles of the road; be- yond the 100th meridian the company has built por- Uons of the road; it has been obliged. in pushing its Toad so rapidly, to borrow very largely; with 2,500 men and 5v0 teams the company had not means of its own; I cannot give you the details of the ex- penses without referring to books and papers; from taat point the Union Pacitic Rauroad Company made @ contract with Oakes Ames, Q. He was a director of the Company? A. No, sir; nor is he now; he never has been. wa Was ne not at the last meeting of the directors stockholders? A. Yes, he is a stockholder. Q. Oliver Ames, the president, 1s his brother? A. Yes, sir; the contract with Oakes Ames is, I think, dated August 16, 1867; the contract was made by resolution of the company, subject to the approval of the stockholders; this 1s the contract under which over 600 miles were done, Sperhaps 667 miles; in building this road the company required $8,000,0000r $10,000,000 beyond what they got irom government; they could not get or isane their bonds until a por- tion of the road was completed, and that ie it necessary to Lave a large capitai vo carry on opera- tions; contracts have been given under my direction ‘as vice president, and these contracts have been made subject to approval by the stockholders; a contract was made with J. WV. Davis, of Nebraska; that con- tract was made in October last, and the road beyoud Ames’ contract was built under it; Oakes Ames was then a stockholder; his brother, Oliver Ames, has not always been a director. . Is Oliver Ames interested with Oakes Ames in that contract? A. Only to the extent of bis share as a stockholder, Q Are the other directors interested mit? A. Some of them in the same way; the contracts, if an: or any proilts on it go to the benefit of tae Union citic Kallroad Company; all who advanced money to help the company along and no one else, &. It goes to the benefit of those who have lent money to the company? A. Parties advanced the money to the Union Pacifle Railroad Company; the Whole $3,750,000 of the Credit Mobiter went in that way; I cannot veli how the papers read without re- teri to them; the idea {s, every stockholder, or Possibly out of $20,000,000 $5,000 were not seen, con- sented to ‘he contracts; every stockholder had an opportunity to advance the money, aud if five per cent was gained by advancing it he would have an interesyin that; $3,750,000 of the Credit Mobilier cap- ital went in advances for outfit and tu butid the road on the first contract. Q. They advanced for account of Hoxie and had Qn interest in the profis as you stated? A, These things are in te contract; Mr. Durant did not know where the contract w: ‘opies of them were in the Superintendent's o: not in ais charg braska; the originals were the Union Pacific Raliroad Com- pany had an ofice in New York; the Credit Mobiler not that he knew of; they had a desk at the office of the Union Pa Company; they had a sign there once; when witness returned from the West some two months ago it had disappeared; he had then been absent since the fore part of December; he knew but little of the transactions of the business of that company except that Mr. Dillon ana Mr, Ham were officers; Mr. Dillon was a director of the ratl- Toad company; he dia not know where its office was now; he d imquired at the Union Pacific Com- jany’s office of a clerk, but did not ascertain; ‘Was still a stockhoider of the Credit Mobilier to ‘the extent of $500,000; he thougut he had received one dividend of six and@-another uf ten per cent, but coula not tell how much dividend he had received; he Jey og Not sixty per cent, possibly fifty per cent, but not in one year; he had paid dollar for doi- lar on two-t is Of his stock; as to the other third, about the time of the 247 mile contract they had ex- hausted ail their own resources and the Pacific Raik road was in debt four or five millions; they then in- creased their stock $1,200,000, and purchased the bonds of the road to that extent at eighty-five cents and made the stockholders take it at par; he could not gees of the new — was @ premium for taking the bonds as par, or the bonds a premi taking the stock; the dividends he had spoken of were on the ort two-thirds; he had never heard of that stock being at 600 or 700; the inighest he had for it was about 136; he had an interestin the Yakes Ames contract, in as far as he was a stock- holder; that interest was about 90,000 shares. Q What dividend have you received on the Oakes Ames contract? A. I cannot tell: 1 have not seen my own books; he could not tell whether it was half a million or not; 1t was not paid im the way of dividends; the trustees of the Oakes Ames contract, for instance, if you had an interest Mm it, would come to you with some security or evidence of indebted- hess, or would allot you ten or Afteen per cent, and make you “yo an agreement so that you became a partner for building the road, liable for all the debts and liable to be called on for every dollar: the trus- tees of the contract are directors; I was a trustee under one contract and resigned, and | suppose I Stull am trustee under another; the iast such con- tract was made on the 14 of Uctover with J. W. Davis, ander # similar trast deed. Q. Was it part of your stipaiatio. with Davis that the contract should be vested iu trustees? A. It was thade subject to the approval of the stockhold- ers and for their security to be held in trust for them, if they approved it; the stockholders choose ail the trustees by their written assent, Q. In what form were dividends made by the trus- tees? You said a kind of certificate was given. What is it? A. I recetved @ notice of allotment of a certain percentage, subject to be called upon at any tine; witness did not know how many allotments had been made; he had subscribed for « Jar amount and patd for those in full; other nares be had bought and sold; the com; had used the money thus paid i in building their road, Q. What is the total amount of ailotnients you have secured on your $9,000,000 Of stock? A. I can- uot tell, . Was it $3,000,007 A. Why, no. Witness did not believe it would amount to ten per cent year. He explained that he could give very little infor- mation a4 to his fin afairs, a8 he had trusted entirely to @ nan lerk or agent, Henry ©, bog) snd hed avs ae at them fortwo years, Jrane had been, perhaps now w: the inion Pacitic Hallway. . seaironertis Q. init ten per cent per annum that you ha ceived by way of dividends on allotinente on yout Pacific Ratiroad stock? A. It cannot be dividends bd me \~ it is Ht settied, and we don’t know whetha@t we have made anything or not; us to take bonds. : pemeontet Q What bonds? A. First mortgage bonds; but ‘When you take the bonds you pay money; Urane was & director of the road; the certificates of allotment entitied the receivers to demand the bonds subject %o call at sight for their value; the allotments are re- Seived from the treasurer of the company; the allot ments were to be made every six months; the tast OX Moutas expired Decomber last; Witness bad re- “NEW YORK HERALD, SUNDAY, MARCH 21, ceived no notice of this last allotment; witness did not think the Mobilier had any property in tits States thougat: the Union bad controi of the finance books; he had the of in spection of those books, but po other control of them; all their United States bonds had been sold, and even certificates given ahead for their delivery when re- ceived; they still held ds, but he belleved as Monday, and if would ‘require the company, and memory as to the been questioned, and had been unable we said that the Id be ry rnard said adjournment cou! taken, but that it was possible, as he had just nm informed of the death of Judge Sutherland’s son, and if his funeral should take place on be should desire to attend it. On this und the matter was adourned to Monday, at ten it appears that on ‘Thursday last Mr. W. Tweed, Jr., receiver of all the property of the Credit Mobilier in this State, and as the frag ood and aifidavits gave’ reason to belteve that the of the United States and first longing to the Union Pacific Com Fecelver ot the bonds belonging’ to that company. receiver longing: com) rs made ex parte was only antl. the The order further order of the court, and the order to show cause accom ing it was made returnable the next day. The previous motion disposed of, Mr. nee oan up this motion, asked that it be consi Mr. Tracy opposed the argument of the motion at present, They have been able to get but one afli- davit, that of Mr. Durant, the only other one the; could have procured. Mr. Cisco's ney had net ai tempted to get, as Mr. Ciaco’s,fdaughter had just died, and it would have been scarcely decent to in- trude on him at such a time. He was sure Mr. Field would not have wished such a thing. Mr. Field disclaimed any such wish, but hegrant- ing of a receiver, ex parte, was an ext measure, and the adoption of it showed urgency. He would not ask that the defendants be now compelled to close their case, but there were Special reasons why this motion should now be commenced; and then, when they had opened, if the defendants desired an adjournment,sto get further aildavits, it could be made. The testimony of Mr. Durant, just given, he thought, showed reasons for their urging, but in addition to this, he would re: the affidavit of the receiver, to show the evasiven of the parties, Mr. Tweed’s aMdavit states that he went, on his appomtment, to No. 20 Nassau street, the office of the Union Pacific Railway, and, as he was informed, the ofiice of the Credit Mobilier; he there found Mr. Durant, Mr. Bushnell, Mr. Tuttle, the assistant trea- surer; H. F. Crane and Mr. Ham, late assistant sec- retary of the Credit Mobilier, and showed the order appoint! him; they told him there were no assets there of the Credit Mobilier, and no bonds or pro- ceeds of bonds, and that the only bonds of the Kind in the State were securities pledged for a loan of $500,000 at the rate of $:40 for He went to John J. Cisco's office, and Cisco informed him that he was only nominal treasurer, Tuttle belng the real treasurer; that he -(Cisco) had advanced the com- $100,000 on $120,000 of bonds, and he believed ie Fourth National k had also loaned the com- on bonds; Mr. Tweed then went to the Fourth Nationa! Bank and demanded the bonds, but was refused information as to the amount; 000. Mr. Cisco told him the office of the Credit Mobitier was removed to the office of the Central Railroad Company, but on inquiry there was toid that it had no oltice there. Mr. Barlow said that the receiver had come down to the office of the com} aa utter trespassers, and \aken possession, or attempted to do so, of the books and papers of the Union Pacific Company, to which no order or whatever entitled them. They had, in the evening, invited them to leave, but to avoid unseemly difficulty had not insisted on their departure. Mr. Field said this, in fact, was the difficulty. Every form of evasion had been pracciced in this suit. ‘The Credit Mobilier books were gone, and the lignt to be obtained from the books of the Union Pacific Railroad Company he feared would, unless the Court put forth its arm, disappear also. The Court allowed the motion to be commenced. AFFIDAVIT OF JAMES FISK, JR. Mr. Field then read the following afidavit:— James Fisk, Jr., being sworn, says:—Since the makwg of my atfidavit of the 11th instant, upon which an order was that day granted to show cause why a receiver should not be gered the satd Union Pacific Railroad Company has caused a joint resolution to be introduced into Congress for the purpose among other things of ousting the jurisdic- tion of this court to appoint a receiver, which resolu- tion has passed the House of Representatives and is now before the Senate. Most of the defendants in this action are not residents of this State, and lam inform. ed and believe that itis thetr intention ,as soon as the said joint resolution is passed, to place all the pro} of the Credit Mobiher of the Union Pacific Company in the charge of one or more of the defend- ants not residing in this State, who will remove the same from this State in violation of the injunction herein granted, and will evade punishment by re- mataing ous of the State until this suit ts terminated, 1 have been told yoy of the defendants that the directors of the Union Pucitic Ratiroad Agee no kept what was called a secret service fund, amounting to about $700,000, which they, in substance, admitted was used for corrupt purposes, although they suspected some of their own number of having privately appropriated a large part of it to their own use. J am also informed and believe that & number of members of Cor have a direct or indirect interest in securing the said Credit Mobilier & continuance of its present control over the Union Pacific Ratiroad; that over $500,000 of the funds of the said Unton Pacitic Railroad Company were ex- pended by its directors within a single year in bribes to members of Congre 8 and officers of the United States government, and that millions of doliars have been given to such members and officers as bribed in an tndirect manner, by giving to thei shares in the proilts of said Credit Mobilier, either in their own nate or in the names of relatives, friends or servants, taking the same in trust, and that Oakes Ames, who is a Representative in Congress and one of the directors of the said railroad company, 1s now, as ] am informed and believe, urging upon Congress the passage of a bill authorizing the removal of that company’s oifice from the State of New York, aud aiming to deprive this court of all jurisuiction over sald ratii company, which said bill is now re- rted as having passed the House of Representa- ves, and as I belleve with the aid of votes of mem- bers directly interested im the transactions aforesaid, or who have received or expect to receive covert considerations for their votes. f in caulpping. said road and furnishing fuel and ma- erefor have made fraudulent and exorhi- tant contracts with various companies, composed, in the matn of members of the Credit Mobilier; that the directors of the Union Vacitic Railroad Company have made contracts with certain coal compauies formed by themselves, and in which they have the interest, for the supply of a very large quantity of coal for the use of the said railroad com- 4 during the next fifteen years at about double ‘he price for which the same quailty of coal could be ovtained in | market, deliverabie in the same place, and that they haye tn like manner bought for the said railroad company tes, wood and yr od material from themseives at double prices. am informed and velieve that a large number if not ali the directors of the said railroad com; are stockholders in the said Credit Mobiller, and are directly interested in the contracts made by and profits accruing to the said Credit Mobilier to a much larger amount than the amount of stock held by them in the said ratiroad company; that the profits of tho said Credit Mo- bilier every mile of road constructed by it for the said rail company are not less than $16,000 per mile, ranging upon man; of much higher. I am informed and believe that in procuri the acceptance of one of the recent sections of sa! railroad the sum. was paid by the directors of said company to a single United States Commissioner to procare him to sign the report approving said section; that said section included about ten miles on w! bor 4 rail laid, and apon whic! there is not a tie said company re- ceived oO government subsidy and were authorized to issue a co! ding amount of first mor da; that said commissioners were taken around said section of ten miles on what ia known among exngioree of the road as the “‘2,"" drunk and at night, by said com over 200 foot to the mile, being hauled up and let over ul ap down by means of pen. ‘This amMdavit is subscribed aud sworn to on the 16th of March. APFIDAVET OF T. ©. DURANT. bf then read the following aMdavit tn reply :— ‘homas C, Durant, being swore, says—That he is the Vice President of the Union Pacific Railroad Company, and has been connected with said com. Dany afd tascn @ prominent part in ite management Seen ty an we weheene ns was I stock the company haa st that time Railroad the hands or under the control of construction of its road, as is untruly alleged in said com; t, nor did said Credit Mobilier ever have anything to do, directly or ouly, with the construction of any part thereof, except as the agents of a contractor for @ portion of the work, ‘whose contract was fulfilled aud executed | be- fore said pretended subscription by the plaintiff to said stock. Deponent turther says that by far the larger portion of the construction of said rauroaa has been performed under subsequent contracts, in which toe Credit Mobilier had no part or interest. Deponent further says that the contract between the Umion Pacific Railroad Company aud Oakes Ames, one of the defendants in this action, in the nineteenth section of the original comn- plaint mentioned, was dated August 16, 1807, and the same received the assent in writing of each and oy of the stockholders of the Union Pacific Rail! Company, with the exception of one or two holders of abandoned subscriptions and of one other share- holder owning a tritli interest, who was absent, and that the®.x shares of the plaintii! mentioned in the ninth section of the original complaint before the purchase thereof by the plaintiff were owned by @ dissenting party to said con- tract, and the piaintiif purchased the’ same subject to such assent, and the certificate for such shares taken by the plaintiff were now held by him and contained an express statement and recognition of such assent such stockholders, Deponent further says a3 to the allegation in the second section of the supplemental complamt that the time for holding the annual election for directors of said company was, by the charter of the company, a8 amended by Cot in December, 1867, Oxed for the first Wednesday follo' the 4tu day of March in each year, and the place of holding the same was to fixed by the stockhoid- preceding annual meet be at either of the cities of New York, Washington, Boston, Baltimore, Phila- delphta, Cin Chicago or St. Louis; and de- ponent says that at the annual meeting in March, 1868, the stockholders of the rom peo resolved that the election in March, 186., should be at the office of the company in the city of New York; that three inspectors of election were duly gore to hold said election in 1869, and that said annual meeting of the stockholders was corey, organ- ized in the city of New York on the 10th day of March, 1869, and the said inspectors attended for the pur- of holding said election, and that deponent oo knowledye, information or belief that the said company or said inspectors in any way threaten®d or designed to refuse the vote of the plaintiff or en- tertain any supposition that he would offer to vote thereat upon the stock embraced in hia said pre- tended subscription, and that more than 200,000 shares, f said pretended stock, subscribed for the plaintiff, were represented at said me and were unanimous in their choice for directors, as deponent is informed and believes. Deponent further says that he has heard read the affidavit of Odin H. Whitmore, made March 16, 1869, and that the same is in each para- graph and statement therein absolutely false and un- true and without the shadow of foundation in St of fact, saving only as to the following point, viz.:— It is true that some of the directors and near! of the stockholders of the Union ic Railroad mpany are stockholders of the Credit Mobilier of America. Depo- nent further says that be has carefully read thet porcion of gaid ailidavit referring to the section of the road on which the “Z” ig puilt, which section ig atthe head of Echo cafion; that deponent was present with said commissioners when they exam- ined the said section; that they examined the same carefully in the daytime, going over the whole in the daytime more than once; that they entered into a large tuanel then in progress, examined it carefully aud minutely, as they did the remainder of said sec- tion, and finally, having become fully of all the facts, they returned over the temporary track laid to save time, well knowing that.sucn temi- porary track was intended to be taken Pp a8 soon as said wuunel and its approaches should be ¢om- pleted; that in making said report the said Com- missioners made a full report of facts to the govern- ment, as deponent ts informed, and they did not allow to the company any part of said “Z”’ or tem- porary track, nor were any money or securities paid or agreed to be paid for said oy sg or for @ny pur- pose, and all the allegations in said afidavit con- tamed reflecting in ove degree upon the character, integrity cf oficial couduct of Commissioners or etther of them, in respect to said report or to their examination of said section, are to the knowledge of deponént malicious and wholly untrue, Deponent further says that he has heard read the afiidavit of James Fisk, Jr., the plaintiif, sworn to on the same 16th day of March, 1869, that ‘the alleged resolution now pending before the Congress of the United Siates was not prepared by said company or intro- duced by it to the knowiedge or information of deponent; that the statements as to the iutention of the company to remové its pro- perty from this State, or an intention to evade the injunction of this Court, are without founda- tion 30° far a deponent has any knowledge. information or belief; that all the remaining atacements, allegations and inuendoes in sald aftl- davit of aid Fisk contained in so far as they relate to the secret service fund for bribing the members of Congress or other parties, and gene: in all mat- ters relating to improper practices by the company aa therein alieged, are wholly false, malicious and without any foundation whatever, as de; it be- eves. Deponent further says, a3 he before stated, that there is not and never was contract between said railroad company and said Mo- bilier for the building or equipping of said road ta any part thereof, nor ts the iatter ceureny 2, i | contract or any agreement of any Kind entitied to bonds 4 the United States, the W angen secart aioresaid, or any whatsoever, directly or indirectly, And the Feeital_in suid order. appouting ler api oo this honorable court, made on the inst., are witout foundation false and untrue. On the matter unsettled or sath ieee al contained, scenes and ul con- the said ratl- of, and who has no. intention or wish, as believes, of becoming & stockholder by paying the sum subscribed by him, as alleged in his compiaint, A discussion subsequently ensued as to wi the receiver should take of the books. Mr. Field contended that the books should be given up to the Court. He submitted that the examination of Mr. Durant was in itself very clear as to how the aifairs of the company had been nw . The funds had been wastpd and the dividen amoug the directors. The only justification was Miat the shareholders had consented. It was said that the stockholders had never received any divi- dend, and still they consented. But surely Mr. Fisk never consented, The whole thing was substantial: afrand tn point of law. He thought the Court wou! compel the directors to pay back the money they had received to be aistributed among the shareholders. Mr. Tracey urged that there waa not the slightest Hecessity for placing the books of th pany in charge ot the'reteree. omtaericata <a! After considerable discuasion ‘The Court ordered that the books of the company should not be disturbed. Counsel for iaintiits, Messrs. Field and Sherman; for detendant, Messrs. a eeveren, Alien Bell, wing is @ copy of 1 mamany one. py he order issued on Upon the amdavit of Adin H. Whitmore and 3 James Jt. sworn the 16th of Ma 1869; the aMdavite of Wm. A. Schomp and Jamos Fisk dt, sworn the 1th of March, 1869; the summ original and amended; the complaint, original and supple- mental, and the order made herein on the 12th of March, 1869, to show cause u Why a receiver of paperty and asseta of the Cetendant, the Crédit Mo- tlier of America, in the State or subject to its diction, should not be appointed. aed ba. ee x oy defendant ite ja jevion an remove the pro tl Credit Mobilier of America and the [yp At rities of the Union Pacific Kallroad ¢ iopany from the State, which intentions may be carrried into ef- feot Uf a receiver be not appolated without delay. It ts, therefore, on motion of Field aud Suearman, piawuds’ attorneys, ordered, : Hi fA i E 8 ie q | a i 5 5 Ee Pit in control of the said Union Pacific Railroad Com, 4 or of any oMicer or agent thereof, or held in trust for ft, or hereafter to come into or under its con- be received by it or for its account or ben- the of all such bonds of the Pei iate aittaed itor Com eret or disp the or ane the control of the said his court. Third—That. the sald Credit Mobilier of America, the directors, officers and agents thereof, forthwith deliver over tothe said receiver ali the property and assets of the said Credit Mobilier of America of whatever kind im this State or subject to its jurisdic- tion, with all roustery pho Fossey t np apt | books, papers: yument ing 5 Fourth—That the president, secretary, directors and other officers and agents of the said Credit Mo- bilier of America and of the said Union Pacific Rail- road Company do refrain from obstructing or inter- fering With the said receiver in taking or retaining possession of the property of which he is appointea receiver. ‘That the defendants herein show cause city of New York, on the 20th of March instant, at ten A. M., why this order for the appointment of a receiver should not be continued until the trial and judgment in this action, and why a furtner order should not be made more larly specifying the property of which a receiver is hereby appointed, and defining the powers and duties of such receiver. Sixvth—That for the purpose of avoiding injury to the said railroad company or obstruction to the progress of its railroad the said receiver have leave to apply to this court or a judge thereof at any time for directions to enable him w pay out money or securities in discharge of the debt or expenses of the said company. ‘The case will be fully argued to-morrow morning. SUPREME COURT—CHAMBERS. Important Question as to What Constitutes a Delivery of a Deed Upon a Voluntary Settle- met by a Father Upon His Daughter. Before Judge Clerke, Mary Ann Henry, Executriz, dc. of Patrick Henry, Deceased, vs. Caroline £. Peoples.—This ac- tion was brought fe hye plaintiff, as executrix, &c., of Patrick Henry, to nave declared invalid and in- Operative an assignment of lease of premises No. 128 Leonard street, which was executed by Mr. Henry to his. Ganghier, Caroline in October, 1866, This paper was si by Mr. Henry in the presence of a wit- ness, Mr. James McKee, and acknowl the witness as a notary public, who att same as having been ‘sealed and delivered” before him. It was found among the papers of Mr. Henry after his decease in 1867. It appeared that the de- ocased in 1866 had made conveyances to all of his children of all of his property and that the deiendant resided in Montreal. The deeds to the other children a Serer they being residents of the city of jew York. Messrs. Richard O'Gorman and Wm. J. Kane, on behalf of the defendant, contended that the execu- tion of the assignment by Mr. Henry, his acknow- post Seah before the witness that it was executed, sealed and delivered, was sufficient to sustain it Lome: settlement in equity, aud that the | Seeger of the paper thereafter was as trustee for his daughter; that the intention of the granter was evident on the face of the T, and that he considered it delivered; that there been a far and equitable distribution and settlement by Mr, Henry of his property, and that the court should not disturb that settlement. lessrs. Davis & Edsall, on the part of the plaintiff, claimed that there should ve an actual delivery to sustain the assignment. ‘The Court reserved tts decision, UNITED STATES CiRCUIT COUAT. Another Counterfeit Case. Before Judge Blatchford, The United States vs. Joseph Santarelli.—The de- fendant is the last to be tried of the gang of coun- Lapierre tener omg in agen street on oe ist Sanuary ie is charged with passing uttering, &c., four hundred faise, forged and counter- feit fractional notes! of the denomination of fifty cents, The detective officer who arrested the de- fendant testified to the finding of the counterfeit money in the house in Cherry street, the prisoner at the ume having @ quantity of it in his possession, which he endeavored to destroy. The jury found the prisoner guilty. Sentence deferred. UNITED STATES JISTRICT COURT. Proceedings in Baakruptcy. Before Judge Blatchford. The petition of Farnham, Gilbert & Co. vs. Latnrop, Ludington & Co., to have the latter firm declared in- voluntary bankrupts, was calied yesterday. Mr. Da Costa, counsel for petitioners, urged on the case. Mr. Devine, counsel tor debtors, asked an adjourn ment on the ground of a serious accident to Mr. A. F. Smith, senior counsel in the case. Mr. Da Costa insisted that any adjournment should be for the Shortest time possible. After discussion the Court fixed April 3 for proceeding. SUPERIOR COUAT—TRIAL TERM—PART 2, Landlord and Tenant Case. Before Judge Fithian. Mann vs, Betziman.—In this case, the particulars of which have already appeared, the plainti® states that in the proceedings before Judge Russel, prior to uineness of the $1,600 receipt, alleged by defendant to be a forgery. . MARINE COURT. i Anether Policeman in Trouble. Before Judge Alker and a Jury, Hooney vs. Garland,—This was an action brought by plaintiff for an alleged assault and battery com- mitted on him by defendant, in which he laid his the John Flanagan, of the law firm lig 3 & Gr peepee ny oe gmieg up on the part of the platinum after which the jury rendered a verdict for piainuit 1m the sum Of $300. “AUCTION SALE OF BOOKS. ‘The concluding patt of the sale of Dr. Rice's library took place at the rooms of Leavitt, streveigh & Co., in Clinton Hall, last evening. The portion sold consisted principaily of — classical works, published in London towards the close of the last and of this century; a collection of the early editions of the works of popular authors, such as Maxwell, Moore, Scott and Southey, and books valuable for the scarce and superior engravings they contained. The prices realized show that, altl fh more recent editions can be purchased at the old London editions, when well demand h figure, There w: evidence of & spirit of inquiry in Fogatd to Hl an history and it of confidence in later compilations in the sums paid for books having no value beyond their and scarcity. The attendance was and “he bidding spirited. The — followti are some the principe works sold at of tl bro Lodge's Memot traits of laste Feraonages or Ureas bana s he ome tT 80; Bit J. Mack ve R I. ackintosh’s Miscel'aneous Works, evo, "London, 1851, $2 50 Millengen’s His- tory Dueiting, 2 vols, London,’ 1841, $6; Milton's Works, '7 vols.” svo., half green moroceo, London, 1801, : 12; Memoirs of Sir Thomas More, CR a me i OS - 1601, Pin Prints Lives, 6 vols, London, 1819, $9; ier An- jand and Scotiand, $21; ‘Trial Sccount of the indictment, trist ana twenty-nine regicides, irtherers the Mui or late red Majesty, 1679, $3 25; The Wasn- noniene ot 63 95; Weale’s Karly Christian De- coration, $14 0. siete tuquities oF Rey 1869.-TRIPLE SHEET. ‘ FINANCIAL AND COMMERCIAL. 5 Sarorpay, March 20—6 P. M. ‘The weekly statement of the associated banks was #0 much more favorable than expected that it took the street completely by surprise. It was supposed that the conservative policy which these institutions have been pursuing since the passage of the iaw abolishing quarterly statements, together with the large demand from the country banks for currency, would repuit in an exhibit of a decrease in the item of loans and legal tenders. A reduction in the item of specie was expected as a sequence of the heavy im- Porta of the week; but there ia a correlative increase instead of decrease in the item of deposits, which ts also unaccountable, if not puzzling. The deductions from the statement are that the shipments of currency from the South have largely exceeded the shipments of currency to the Northern country banks. The South, it should be remembered, has few banks, 60 that the flow of currency from that direction would receive no perceptible check from the general dis- Position which has beon manifested to make ready against the statement which the Comptroller may on any day call for. The statement, however, 1s only favorable by comparison with what was expected. The loss of legal reserve, it will be perceived, is & little over $1,000,000, ‘Tne totals of the last two weeks aré contrasted as follows:— March 13, March 2. $263, 098,202 15,213,308 84,741,310 183,594,999 50,774,874 ‘The following are the differences Increase fn loans... +0 +$1,428,607 Decrease in specie. 2,145,365, Increase in circulation. 865 Increase in deposits... Increase in legal tenders... «+ 1,186, The money market was spasmodic and differently reported in ditferent quarters. The uneasiness among borrowers at the outset created a demand which was generally met at seven per cent gold interest, although government houses and favored customers were accommodated at the same rate in currency. As the afternoon progressed tt became evident that money was more abundant than conjectured, and few balances for the two days’ interest to Monday were placed at a higher figure than seven per cent, while instances are reported at six. Commerciai paper continued dull. Governments continued heavy and fiuctuated within narrow limits, closing ‘off’ from the best figures of the day. The foreign bankers are still la- boring under the difficulty of disposing of their bills, ‘and thas bereft the market of their support, while the speculative mterest is temporarily checked by the apprehension of stringency in the money market. The news from London was also unfavor- able, reporting a yielding, at one o’clock, to 83% for 62's, The following were the closing street prices at five o’clock this afternvon:—United States sixes, 1881, registered, 11654 a 11644; do., coupon, 116% a 116%; do., five-tweuties, registered, 11354 a 114; do., coupon, 1862, 118% a 119; do., 1864, 114% a 115; do., 1865, 116% @ 117; do., new, 1865, 113% a 11334; do., 1867, 11334 @ 11334; do., 1868, 113%¢ a 11334; do., ten-forties, registered, 1053¢ a 10544; do., coupon, 10534 @ 1053g; currency bonds, 10334 a 10334. Gold was steady in the vicinity of 131 throughout the day. The views of Secretary Boutwell as to the expediency of cancelling bonds with some of the government gold are interpreted as unfavorable to a higher premium, and operators for a rise were not disposed to extend their line. The range of price ‘was as follows:— dictory, if not inexplicable. Loans ranged from 1-32 for borrowing to 1-16 for'carrying just before Clear- ing House time, after which they were made at from “flat” for borrowing to 7 per cent for carrying. The business at the Gold Bank resulted as follows:— 122,682,000 8,878,137 5,392,117 Foreign exchange was more sveady at the low rates which have prevailed during the past few days, doubtless through leas pressure on the part of the foreign houses to sell the accumulated bills against bonds, Rates were* nominally as fol- lows:—Sterling, sixty days, commercial, 107% @ 103; good to prime bankers’, 1083 a 10834; short sight, 108% a 109, Paris, sixty days, 5.23% @ 5.18%; short sight, 6.18% 95.16%. Antwerp, 5.23% 05.18%. Switzerland, 6.23% a 5.18%. Ham- burg, 359¢ a 353%. Amsterdam, 39% a 405¢. Frank- fort, 400 40%. Bremen, 78 @ 783g. Prussian thaiers, 10% @ 7134. The following were the bids for the city bank |, stocks at the regular board this morning:—New York, 131; Manhattan, 140; Merchants’, 123; Me- chanics’, 132; America, 146; Phenix, 107; North River, 10634; National, 111; Merchants’ Exchange, 116; Seventh Ward, 111; State of New York, 112; Com- merce, 1224; Mechanics’ Banking Association, 120; Bank of the Republic, 118; bank of Norih America, 110; Hanover, 109; Irving, 109; Metropolitan, 14234; Market, 119; Shoe and Leather, 13134; Oorn Ex- change, 13034; Continental, 99; St. Nicholas, 115; Commonwealth, 113; Importers and Traders’, 12034; Park, 15734; Central National, 109%; Fourth Na- tional, 103; Ninth National, 110; Gold Exchange, 138. The stock market opened dull and heavy, with a prevailing ‘bear’ feeling, which did not take a very decided turn uatil the second open board, when an onslaught was made upon Pacific Maul, carrying it down to 89, and subsequentiy, on the street, to 87%. New York Central also yielded, declining to 156%. The firmest stocks were the express shares and Mariposa, the latter forcing its way up through the falling list with remarkable buoyancy. The Northwestern stocks reacted nearly one per cent, In these transactions the cliques were heavy sellers, and the street was made very sensitive by a report that they were “unload- ing” and going “short,” also causing a very de- pressed feeling, which the easier state of money at the close of bank hours failed to counteract, The bank statement was made known just at this time, and the whole list exhibited a reactionary tendency, which carried Pacific Mall and New York Central up between one and two per cent, the market “leaving off” tn a very unsettled and dubious condition, the better showing of the banks causing the ‘‘bears” to pause and the “bulls’’ to take fresh courage. ‘The following were the closing quotations of the last open board:—Cumberland, 34 a 36%; Wells, Far- go & Co.’s Express, 31 a 82; American Express, 401¢ & 42%; Adams Express, 58% a 69; United States Express, 64% a 65; Merchants’ Union Express, 16 a 17; Quickstlver, 203, a 204; Canton, 59 a 60; Maripo- fa, 1954 219%; do. preferred, 36% a 35%; Pacific Mall, 89 a 8954; Western Union Telegraph, 37% a New York Central, 168 a 16834; Hudson River, 13034; Harlem, 135 a 136%; Reading, 913% a Chicago and Alton preferred, 160% bid; Bankers and Brokers’, 10934; Alton ami Terre Haute preferred, 6514 @ 663; Wabash, 66% @ 67; do. pre- ferred, 7734; Milwaukee and St. Paul, 601 a 60%; do, preferred, 7834 a 78%; Fort Wayne, 119% a 120; Ohio and Misatssippl, 32 a 32:;; Michigan Southern, 96 @ 9614; Mlinots Central, 1331 a 140; Pittsburg, 6734; Toledo, 106 @ 106%; Lake Shore, 106% a 1064; Rock Island, 128 a 12834; Northwestern, 8434 @ 8444; do. preferred, 914 a 91X; Boston Water Power, 17 bid; Boston, Hartford and Erle, 2534. The exports of specie from this port during the week were as follows:— March i6é—Schooner Mary A. Witham, Para— $4,075 25,054 Spanish doubloons. 106,900 American silver... 2,000 March 18—Steamer New York, London— Mexican dollars ......... sesseseveees 12,600 March 18—Steamer New York, London— Fo gold. ....... seeeee 8,600 A gold . sexe 10,000 March 19—! ‘Thomas Turull, Mayaguez— March 20—Steamer Rising Star, Aspinwall— American silver. .... teveeeeees 1,640 The receipts for toms and the receipts, pay- ments and balances at the Sub-Treasury in this city for the week have been as follows:— Custom House, —————Su 163 o vee then 667,501 93,487,620 643,404 99,740,441 Bonds have been taaed by the Treasury Depart- ey 3! Fes Bgkteakeg: THE SECOND AVENUE STEAM ‘DUMMY CASUALTY. Censure of the Company. Coroner Flynn yesterday concluded, at his office tm the City Hall, the inquisition previously commenced in the case of John Mundschall, the lad who was run over and killed by one of the steam dummies beiong- ing to the Second Avenue Ratlroad Company, as heretofore published in the HekaLp. Several wit- nesses were examined and the testimony went to law a8 to the speed they could make with: their dummy engines. It also Spout from the evidence of several officers of the Twelfth precinct police that the dummy engines on that road often attained a very high rate of speed, did not ring the bell on the crossings, and did not always have head lights in the dummy. After hearing all the testimony in the case Coroner Flynn submitted it to the jury, the following death hy injuries reosived by boing ran over by duaa- leath by injuries receiv run o my engime No.7 of the ond Avenue Raliroad Company. March 17, 1869, at 12ist street, crossing Second avenue, and we consider the company guilty of negligence im running these dummies such a high and di rate of speed and with- out light at night. We exonerate the engineer and conducter from ail blame in the matter, as they were actipg under the directions of the company.” "MARRIAGES AND DEATHS. Married. KINNESS—GOULD.—On Friday, March 19, by the Rev. Dr. Ganse, ANDREW KINNESS, Of New York, te Mrs. HENRIETTA GOULD, of Ithaca. No cards, ithaca papers please copy. Levy—Kine.—On ‘Tuesda; , March 16, at the Syna- ¢, Thirty-fourth street, by the Rev. J. S. Kramer, Sifcus Levy to Oxciiia L., only of the "Galttornia pabers please‘con worni A SILVEENAIL-YOUNG.—In is city, on Sunday evening, February 21, by the Rev. Thomas Arm Ropert F. SILVERNAUL to Emma Kats, ys daughter of the late Jacob D. Young, all of this ie SmiTH—WHITE.—At Trinity church, Fredonia, N. Y., on Thursday, March 18, by the Rev. M. Aery, RICHARD Sava, Esq., of Troy, N. J., to Mise EMuLw Wuirs, of the iormer place. Died. ‘ BrapLey.—At Brooklyn, on Saturday, March 20, of scarlet fever, JOHNNY, aged five years, The relatives and friends of the family are re- spectfully invited to attend the from the residence of his grandmother, Mrs. Sarah M. Kellogg, Nostrand avenue, near St. Mark’s, on Monday after- noon, at two o'clock. CaNnpa.—On Friday evening, March 19, at Aik 8. C., CAMILLA DU Fron, wife of John M. Canda, Brooklyn, L. 1. Notice of funeral hereafter. CURARY.—At Newburg, on Tuesday, March 16, Mr, Huspurey H. Crary, aged 53 years. ‘The relatives and friends of the family are re- spectfully invited to attend the faneral, this (Gunday) aiternoon, at one o'clock, from the residence of bis brother, Palmer Crary, No. 453 West Twenty-fourts treet. a Densy.—Suddenly, on Saturday morning, Mi 20, of convulsions, Lita MARtA, infant daughter ‘Thomas ana Maria Denby, aged § months and 9 days. ‘The relatives and friends of the family, aiso mem- bers of Atlas $16, F. and A. M., and Com- anions of Zetland Chapter 141, R. A. M., are respect- ‘ully invited to attend the funeral, from the residence of her parents, 129 Wyckoff street, Brooklyn, on Mon- day alternoon, at three.o’clock. LSWORTH.—On Thursday, March 18, Raoust A., wife of William Elsworth and daughter of the late Peter Vreeland, paged 36 years. Relatives and friends of the family are respectful invited to attend the funeral, from the Bayonne D. church, Hudson county, N. J., this (Sunday) after- noon, at half-past two o'clock. Carriages in wae at the Jegsey City ferry, on the Jersey City side, & quarter to one. ‘ARRELL.—On Saturday, March 20, CHaRtas H. FARRELL, Son of John and Mary Farreil, of Kilshrew- ly, Clonbrony, county Longford, Ireland, aged 18 ears, a The friends of the family are requested to attend the funeral at two o’clock this (Sunday) afternoon from the residence of his parents, corner of Boliver and Canton streets, mae FLoop.—In this city, on Saturday, March 20, attwo o'clock P. M., Mra. BaipaErt FLoop ST years. ‘The relatives and friends of the family are request. ed to attend the funeral, from her late residence, 63 Oliver street, this (Sunday) afternoon, at two o'clock. Green.—Suddenly, on Friday, March 19, of con- sumption, PRTER C. GREEN, 58 years. The relatives and friends of the family are respect- fally mvited to attend the funeral, from the resi- dence of his son-in-law, Mortimer W, Wells, 120 East 129th street, this Sunday, at twelve o'clock noon. Guesn.—On Saturday, March 20, Mrs, MaRuaRee Eviza Gaeen, widow of George B. Green, aged 41 ears, ith and 17 day is ‘The relativ of the family are ey jatives and ful invited to attend the funeral, from her Edsall ere) Mott Haven, on Monday at three o’cloc! ae Grecory.—On Thursday, March 18, Hon, Wu LIAM T. GREGORY, = 54. Funeral from St. ‘8 church, Twentieth street, between th and a — this (Sunday) al- one o’cloc! ett oa Mo aay, Hi relatives and trienda and on Monday. those of her cnristopner and Thomas Hempe stead, are invited to attend. Pe aoe necks a my sh 19, FRancia 8., son of - Th dt ited to attend the ineral, on Monday morning, at eleven o'clock, from Grace church, Harlem, Lith street, near Second avenue. Hort.—On Friday, March 19, Joun W. Horr, in the 63d year of his sae: His friends and relatives are respectfully invited to attend the tuneral at St. Bartholomew's Church, cor- ner Great Jones street and Lafayette place, this (Sunday) afternoon at haif-past one o'clock. Jupson,—On Saturday, March 20, ELIZaueta, wife of Amos Judson, in the 78th year of her age. The relatives and friends of the family are fully invited to attend the funeral, from her iave residence, 219 Powers street, Williamsburg, on Mou- wee afternoon, at two o'clock, ANNEDY.—On Thursday, March 18, after a tong prot go illness, of consumption, Brssir, the bo- yas wite of James Kennedy, Jr., iu the 33d year of ler age. ‘The relatives and friends of the family are respect- fully invited to attend the funeral, from her late resi- dence, 153 West Twenty-sixth street, this (Sunday) afternoon, at one o'clock isely. KENNEDY.—On Friday, h 19, EMMA KENNEDY, the ouly daughter of William and Mary Kennedy, saea l year, 8 months and 19 deys. he friends of the family are’ ptfully invited to atvend the funeral, from the residence of her pa rents, 194 Varick street, this (Sunday) afternoon, at two o'clock, Lioyp.—In this cit on Wednesday, March 17, W. ALVIN Lioyp, of Kentucky, after six monthe illness, years, Louisville, Cthcinnuti and Richmond papers picase copy. Lounps.—On Thursday, March 18th, Jacom J. Lounns, aged 60 years, 2 months and 10 days. The relatives and friends of the family, also the members of the Journeymen Pencil Case Makers Protective Association, are respectfully invited to attend the funeral from his late lence, No. 4 Chariton street, this oa afternoon at two o'clock. DE WiTr ©. YOUNG, President. Wa. A. VAN Orpen, Secretary. MackrY.—At his parents’ residence, in Newtown Stewart, county Tyrone, Ireland, on’ Sunday, Feb- ruary 14, Joan MaoKsy, formerly'a resident of the os of New York, in the 4ist year of his age. ‘niladelphia ra please copy. Meap.—Suddeniy, in Harlem, on Thu March 18, of apoplexy, Witulan HL. Map, in the oth your ol a The relatives and friends of the family are yg Tally lavived Wo attend (ue tunerel services, tus