The New York Herald Newspaper, December 1, 1869, Page 5

THE RAILROAD WAR. The Trial of the Suit Against Cornelius Vanderbilt Postponed. The Ramsey Suit Before the Court. Charges of Fraud and Collusion Against Counsel, FULL HISTORY OF THE CASE. AFFIDAVITS AND ARGUMEN’ SUPREME COURT—SPECIAL TERM. Before Judge Barnard. The Erie Railway Company vs. Cornelius Van- derdilt,—On the opening of the court yesterday morning Mr. David Dudley Field, on behalf of the plaintitts, said he had an gpplication to make which he re- gretted very much. Contrary to his expectation the case of the Albany and Susquelianna Railroad Com- pany, in which he was engaged, had been forced on vo trial at Rochester, and he should Jeave by the two o'clock train to attend it. Judge Barnard—I telegraphed to Judge Smith last night, stating the condition of this case and request- ing him to tell me whether it became necessary for me to put off this case for his accommodation, or whether he would put off that case tor mine. Ihave not yet heard from bim, and I presume Judge Smith wil go on with bis case. If the plaintifis are not ready to go on in this case I wilt put it off until the fourth Monday in January. Considerable opposition was raised to a postpone- ment by ex-Judge Davis and Mr. Rapallo, who con- tended that it was sought for no good purpose by Mr. Ficid. After considerabie discussion, the case was finally postponed until the first Monday in January. THE RAMSEY SUIT. SUPREME COURT—CHAMBERS. Before Judge Barnard. The Brie Railway Company vs, Joseph H. Ramsey. Mr. Field then brought forward this suit, He said this action came up on an order to show cause why the injunction issued by Judge Barnard should not be made perpetual. Ex-Judge Porter, on behalf of Mr, Ramsey, op- posed the motion, and read in opposition the follow- ing aMidavits AFFIDAVIT OF D. B. EATON. The Erie Railway Company vs, Joseph H, Ramsey and Others—City and County of New York, s8.—D. B, Eaton bemg duly sworn, says he has read the copy of the complaint and injunction served on bim in this suit and that no affidavit or copy of any afti- davit save the jurat to the complaint nas been served on him therein, and that he was one of the attorneys for Mr. Ramsey when the suit of said Ramsey re- ferred to in the complaint herein was commenced, and for some time thereafter was one of such attor- peys. ‘That the allegations of the seventh paragraph of the complaint are not correct, and on information and belief ne avers that the allegations of the eignth paragraph as to the feeiings of Mr. Ramsey and the purpose of his suit are aiso incorrect. And he further avers that neither depoaent nor Henry A, ‘Tailer are attorneys jor said Kamsey in his said suit; that ail the allegations of the coinplaint herein as to coliu- sion aud iraud are untrue; and that che facts as to an attorney appearing and vemg procured for the Erie Kailway Company in the seventh paragraph or elsewhere referred to, are as heremafter stated, and thut there was nothing either collusive or fraudulent as to said attorney putting in a notice of appear- ance. Aud on injormation ana bellet deponent avers we Erie Kaiiway Company did nov employ attorneys ‘to appear for 1s 18 alleged im the tenth pari of the compiamt herein. Deponent avers that al the allegations of the eleventa paragraph of tie complatut herein are incorrect, except that deponent did araw an order for a re- ceiver, ‘Which was regulary made end entered at the same tune as the orders of Injanclion aud suspension aforesaid, and said order tor a re- ceiver was duly served on tne plaintiff herein oa the 24th inst.; aud deponent further states on informa- tion und belief (and in reference to the adiministra- tion of a previous receiver of the road of the plain for Whom deponent was connsel, and during which its affairs were much better and more profitably Mauaged, and 1ts credit stood far higher than of late) that a receiver would not throw the business of the piuintu ato confusion, impair its credit or cause it to sustain damage, bat Would cause the road to be more economically and successfully conducted than under the existing management, and would put an end to fraudulent and illegal acts, and would restore the road to public confidence; and in regard to the aforesaid service upon said company deponent says the orders served were duly certified copies, but the copies left in making such service were nou certitied, nor did they purport to be certified, And deponent avers the tacts as to the putting in of an appearance for the Erie Railway Company by an actorney other than by Messrs. Field & Shearman in suid suit of Ramsey vs. Jay Gould ana others were as follows:—On the moraing of the 24th inst. service was made of the summons, complaint, in- Junction and order for the suspension of eignt out of Tue seventeen directors of said company, one of said eight oeing Mr. Lane, 1t8 counsel, satd service hav- ing been personally mact on its secretary for the company. Said injunction and order did not allow any one of such suspended direcvors, after such sus- pension, to appear or engage any one to appear as attorney for said company in the suit or in any way to act for or in tue name of the company or or on its behaif, The functions of said eight persons were in all particulars suspended, as having shown theinseives in the opinion of the Gourt to be unfit to act for or represent said company. A considerable lume before the secretary had been served on lus arrival at the station the summons, complaint, in- junction and order of suspension had been in the hands of persons with directions to serve them on the suspended directors, and deponent supposed they had been or would at once be so served. Of the nine directors left unsuspended one lived at Buflalo and one at Binghamton, and of necessity some time must elapse before any” mecel- ing could be held, and deponent, being with the person who made the service on the company, suggested to the secretary that it was important for the protection of the company that he snould name some one to appear for the compang and look to its interests til! the board could meet; but that oflicer expressed @ disinclination to take any action inthe matter and was in doubt as to his duty in such an emergency, and deponent ‘was not disposed to urge upon him a duty that malgnt cali down upon him the hostility of the suspended directors. Deponent then went to the residence of Mr. Diven, an unsuspended director, whom he had Jong known, to inforin him of what had een done and to urge him to cause prompt action to be taken by the unsuspended majority of the board of direct. ors, 80 that the company’s affairs should not suffer for want of oversight before the board could meet. Deponent found Mr. Diven only # few moments re- turned from Elmira, and briefly explained to him what had been done and was intended, and stated there might be need of some one to appear as attorney for the company before the court could meet, und that as said sult was brought, not in hos- tality to the interes of said company, but to protect its creditors irom the further abuses of directors whom the court had suspended, 1 would be highly injurious to the company to have said suspended directors control the company’s defence through their attorney alter their own suspension for gross negiect of duty, Mr. Diven, recognizing the need of an attorney and the impropriety oi his being selected by the suspended directors, expressed some doubt whether any one director could authorize an appear- ance. Deponent stated his conviction that ib was necessary that the exigency in the company’s affairs should be prompuy met by the remaining directors, 60 X43 nO’ to make it ab once necessary that the re- cciver already appointed (the order for which cepo- nent exhipited to satd Diven) should take pos- session, The Whole matter being @ surprise upon Divep, he may nov have intended to ve understood as deponent certainly understood him; but, upon the name of Mr. Runkle being mentioned as areiiable and competent person to act as attor- ney, deponent understood Mr. Diven to authorine and desire him (deponent) to have Mr. Kunkle ap- pear for the company ull the Board could meet; and deponent accordingly conveyed such request to Mr. Kunkle, and Mr. Rankle pul in an appearance the suiie day for the company; and Mr. Kunkle, as de- ponent then thought and now thinks, was at least 8 free to act and ag unenctgnbered in acting singly 1n the interests of the Erie Railway Company as at- torneys can be who, acting at the same time for Messrs. Gould, Fisk and Lane, would have it for ‘their duty to 1orce them back ito thelr places 08 directors, pycoens heard @ rumor Une next day (Mr. Diven having been in the meantime informed of the ae y Mr. Runkle) that Mr. Diven had sald that deponent had misunderstood him ag to giving @ directton for such appearance; and thereu; deponent catied on Mr. biven and suid and also wrote to him that ut he (said Diven) stated in writing to nent tiat ne desired Mr. Kunkle to continue his appearance, he (depo- nent) should insist on the prompt revocation of #aKt appearance, and Mr. Diven not so stating, deponent requested such revocation, and Mr. Runkle revoked such appearauce on the morning of the 26th inst., and deponent stated said fact to Mr. Meld. And deponent further says that no action whatever was taken by Mr, Runkie as such attorney, other than NEW YURK HERALD, WEDNESDAY, sending in an appearance as aforesaid, and that he was not desired or requested to take avy action, revelve apy notice or give any consent or admission; that no notice or other paper was served on Mr. Kunkle, save deponent led him juinmon: aod complatut he had with him when he was Mr. Diven’s; that said Runkle gave no nouce, ad- mission or consent a8 such attorney, or otherwise, and between the time the said Kunkle gave lus ap- pearance and the time he revoked it there was no communication, written or verbal, directly or in- directly, between deponent and said Kunkle, and they did not even see each other between sald ap- pearance aud its revocation, And deponent further Says that all the statements contained in the com- piaint and adidavits im this case inconsistent here- ‘With, ay to the object of procuring said Runkle to appear, and to his actual or intended relation to any consent, order or receiver, or other proceedings are @ lussue of reckless talsehoods, And deponent fur- ther says that the appearance of suid Field & Shear- lan for the company, though believed by deponent to be unauthorized by said company and in viola- tion of the injunction, Was not returned, because 16 was made jointly with an appearance for one of the suspended directors; that neither said Ramsey nor any other person, gave as aforesaid, had auything to do with causing sald Runkle to appear or revoke his appearance, and there was no traud or collusion in connection with the same; and said Runkle was requested to appear because deponent supposed said Diven so desired and directed 11.8 @ act mecessary to secure some jegal channel of communication with said company in the suit, since 1t ween the authority of the suspended atrectors authorize an appearance contrary to the orders of the Court for the attorneys engaged by tne suspended directors to appear for the company also; and deponent was greatly sur- prised when he heard that said Diven had said de- ponent had misunderstood what he stated or in- tended tostate as to the said appearance being put in, In these statements deponent has not intended to cast any reflection upon the attorneys by whom the company now appears, nor does he go intend, in say- ing that he 18 compelled to regard such appearance a8 unauthorized and to think it a misfortune; that the illegal action of the suspended directors (who, as he believes, alone undertook to authorize such ap. pearance) has also prevented any quorum of the boara assembling and made the placing of the road in the hands of a receiver mevitable, unless the road 18 to be left under the control of the present management. An affidavit of service on said company and hereto attached, marked scnedule A, and a@ copy of the order of Injunction of suspension and of the sum- mons, complaint and afiidavits on wnich said orders Were granted and which were served as aforesaid, and as appears by an afidavit herete attached on said company, are hereunto attached in a bundle murked schedule B, Sworn, &c. D. B. EATON. Judge Porter also put in evidence the depositions of Henry A. Tailer aud John Hayes; also the order of Judge Murray, granted on the 23d of the present mouth, and the injunction order of Judge Murray. He said he had also the aMidavits and the summons and complaint on which the order of Judge Murray Was granted, which were not necessary to read, but which he would put in evidence for the purpose of showing the jurisdiction of that district. ‘The following are the documents alluded to:— AFFIDAVIT OF OSSIAN D, ASHLEY. Ossian D, Ashley, being sworn, says that he ls a member of the New York Stock Exchange, where stocks are publicly bought and sold in the city of New York, That for a long period—being about one year next preceding September 15, 1869—the stocks of the Erie Railway Cempany were excluded from sale at said stock board by reason of the enurmous trregular issues of the stock of that company by its present managers; and during that period said stocks were publicly sold in said city only at & salesroom hastily organized and generally understood to have been established and supported by the persons or some of thei in authority in that road. ‘That the general understanding and belief among those who deal in the stock of that company in said city 18 that its stock has been irregulariy issued in the amouns of more than $30,000,000 durmg the last fifteen months, and deponent has been so informed and fully believes it to be the fact. ‘That deponent is not abie to give the dates with apy precision of these issues, bat in March 1869, Jay sould reperted the common stock at betweea 7,000,000 and $58,000,000, ‘That in September, 1869, said Gould reported said common stock to the Farmers’ Loan and ‘Trust Com- pany, Where It bas been registered since September 30, 1869, at $70,000,000, 4s And in November, 1969, the Secretary of the Erie Ralilway Couipany reported to the president of the New York Stock Euchange, in writing, a further increase Of $5,000,000 in said stock, by the issue of that amount of the convertible bonds (of said Erte Ratiway Company), calied Narrow Gauge Sinking Fund bonds. ‘That for several months past tne stock of the com- pany has been declining in market value, and the common stock now sells at $27 75 to $28 per share, and the preferred stock at $45 per share, as neariy ag sales and offers indicate its value. 0. D. ASHLEY. Sworn to before me this 19th day of November, 1869.—JOHN Hayes, Notary Pubite In and for New York county. AFFIDAVIT OF JACKSON 8. SCHULTZ Jackson 8. Schultz, being sworn, says, that he has been for more than thirty-nine years a resident of the city of New York; that during many years last past he has conaucted an extensive wholesale busi- ness im said cy, and manviacturing in the country, Which has caused him to become familiar With cuilrowd tWanspurttaod, especially upon the road of tie old New York aud Erte Katlroad Com- pany, and of the present Erle Ratlway Company: that durtag many years jast past he has also been a bank director In said city, aud from the foregoing and other reasous he has directed attention to questions of practical finance and become familtar wih the views and feelings of commercial men relative to tue large corporations connected with the pubile transportation of the country; that he has had occasion to direct his attention to the general management and the administration of satd road. oti under the old and under the present company, and has been tn the habit of paying considerable sums regularly for transportation on said road, and has been continually informed, and more espectally during the tifteen years last past, of the general re- pute and public estimation in which said corpora- tons and their managers have been held in the city of New York; that he can have no hesitation in say- ing that the present management, generally attrib- uted solely to Messrs. Jay Gould, James Fisk, Jr., and: Frederick A. Lane (but more especiaily to the two former), 18 a wide aeparture froin ail previous Management; that it dpes not command public _con- fidence or respect; that the general feeling towards it 1s one of decided conaemnation ana severe cen- sure; that general conversation indicates so decided disapproval of the present administration of the Erie Rauway Company that be cannot dou! that the business we Of the company is for such reasons materially prejudiced; and he does not think he overstates the ing fecling when he declares that so decided is the public disapproval of leaaing acts of the present mapagement, and 50 general is the beltef that its example ts fuil of peril, that in public estimation the value of American railroad securities generally has been somewhat impaired and the vaiue @#f Erie stocks and bouds considerably depressed by reason of. the facts and convictions just referred to, And while theséopinions would be approved, as he believes, by nearly all weil informed persons in said city, a very large portion of auch persons would unink they fall far short of expressing the extent and severity of the pubiic condemnation of the present mauagers of the Erie Railway Company. ‘Yhat he makes this aMdavit only by reason of an urgent request so to do, and from a sense of public duty. JACKSON 8S. SCHULTZ. Sworn to before me this 17th day of November, 1809.—JouN Hayes, Notary Public in and for New York county. AFFIDAVIT OF CHARLES W. DOUGLAS. Charles \W. Douglas, veing sworn, ‘8 (im re sponse to an earnest request to state his knowledge Of the present management of the road of the Erie Railway Company) that he came on to that road in 1850, when it was owned by the New York and Erie Railroad Company, and commenced service as a telegraph operator, and was advanced from such R ition through several grades to that of Assistaut vision Superintendent on the Delaware division, under Mr, Hugh Kiddle,- the Superintendent of that division, and thathe remained as guch assistant for avout nme years, when, upon Mr. Riddle being pro- moted to the position of General Superintendent of the entire line, deponent became the successor of Mi. Riddle as Superintendent of the Delaware division, and as such had regularly under his charge from 1,200 to 1,400 men, which latter position de- ponent held for about four years, at the expiration ol which time (May 1, 1869), by reason of Prestuent Gould insisting on relaxation of discipline, which aeponent did not think consistent with the pres servation of authority or with his own self-respect, deponent resigned iis position as Division Superin- vendent, aad he has not since been connected with said road, but has become and now is the General Superintendent of the Southside Railroad of Long Islund, That since said resignation deponent bas more frequently than once a week a over one division of the Erie cram and has observed the operation of said road. ‘The leading facts which have attracted my attention, and their causes, T wil state, a8 followa:—First, the road lost the valuabie services of Mr. Riddle, ita experienced and ceiiicient General Super. intendent, as deponent has the most conclusive reason for believing, only forthe reason that Mr, Riddle could not reconcile his self-respect with the performance of the duties of his office upon the con- ditions im; dd upon him by the Erie mauagement, and, therefore, he resigned. And deponent has the like reasons for his deciaration, that just previous to the last October election Mr. Riddle was requested by the present managers of the Erie road to re- sume his place as its general superinsendent; and to induce him to do s0, he was oifered also the positions of director, vice- president and general manager; but® that he declined service on the road under its present managers on any terms; and he bas since become the general superintendent of the Ohi » KOCK Island and Pacitic Ratiroad. second, that Erie road greatly needs the services of a of ability and experience like those of Mr. Riddle, Third, that the working ¢i and capa- city of the as now managed, is ma- terially less than under its former superintendence. Fourth, that the discipline and usefulness of the agents and employes of the Erie road have been seriously impaired within a short time last past, under tie presen’ manogement. Fifth, that during the same period the wages of the empjoyes have been materially increased. Sixth, that Guring the same period there has been @ general and gradual demoralization among the employes on tne line, DECEMBER 1, 1869.—T’RLPLE SHEET, 5 b oth in respect of the estimation in which they hold its Managers and the interest they feel in 1s pro- sperity and name, Seventu, that this de- moralization been increased by the general con- demnation of such managers tn the public journals, and by caricatures of some of them, freely cirou- Jated from the company’s.cars and stations, Eighth, that the recent strikes and combination among the employs are of a characier not before known on the Tine; are to be traced to the facts and causes herein before referred vo, and are of a threatening charac- ler, and are likely to be highly prejudicial to the ‘tnteresis of the cvimpany, umiess some appropriate remedy shall be speedily applied. Ninth, that among the reasons of the present state of feeiing and want of discipline on the road 1s a conviction among the men that the present man- agers have not the requisite qualifications as man- agers of such a corporation; that their atvention 1s too much given ( outside matters; that they tnter- Tere with the relations between the higher grade of agents and those below and with the due and usual order of promotion; that they introduce political elements ito their management, and that they do not command general public respect; and during deponenvs service under Present Gould he was requested in writing by said Gouid to use his (deponent’s) influence to promote the election of ® person named by the president, Gould; and during the recent State election deponent 1s in- formed and believes, that the managers of the line made especial efforts to secure by the votes of the employes of the line the election of Stato oflicer, from the exercise of whose oiilcial power he is told they had something to fear if not conciliated. I Will further state, 10 answer to your inquiry, that during the last year, and especially of late, there has been a very unusually large number of experienced mea dismissed from the ime, and inexperienced appvinted in their places, Io my opinion, very large numbers of those em- ployed on the road only remain because they cannot atford to leave atthe peril of having therr ability to get employment elsewhere impaired by damaging and unfounded reports; that they would much pre- fer service on other roads atthe same rates; that they understand they will be dismissed Uf they openly condemn the Management; and from much opportunity of getting at tie facts, | cannot hesituve to say that the employés and agents gens.ally con- demn the present managers in severe terms when they think ‘10 safe to Ireely express thelr views and feenngs. ©. W. DOUGLAS, Sworn to betore me, this 18th day of November, 1869.—JOHN HAayEs, Notary Public in and for New York county. ABKIDAVIT OF JOSEPH H. RAMSEY, Joseph H. Ramsey, being sworn says that he ts the Plaintiff in this act , and that he has examined into the facts and transactions mentioned in the complaint herein, and has consuited such docu- ments and obtained such information trom other sources entitled to credence, and bg? the best available, that ne is fully convinced of the substan- ual truth of the aliegations therein contamed, and on imormation and belief he avers the same to be true, And he refers to the several parts of the com- plaint hereinafter enumerated and makes them a part of this aiidavit as if herem repeatea, Kefer- ring to paragraph numbered three, begin- ning at folio twenty-three of the complaint, he says he has caused the facts there stated to be carefuily ascertained, and bas examined the pubiished reports from which the principal of them are taken, And, retewimg to fourth and fh hs of the complamt, he says he has con- sulced reliabie sources of iniormation and is fuily Satistled of the truth of the allegations therein con- tained. And, referring to the paragraph of the com- plait numbered 6, he says he has examined the “articles,” bylaws and rules therein referred te and thinks he understands them, and that to the best of his undemstanding thereof the allegations of said paragraph are correct. And, referring to para- graphs respectively numbered 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 of the complaint, he says he obtamed much reliable mnformation of the trans- actions therein referred to as the same were transpiring; that he has looked into the pub- lished proceedings of the court concerning the same, and got at many of the tacts as to such transactions from persons kuowing the sume; that he was in Albauy daring parts of the periods therein referred to; that he has seen tne papers in several of the suits referred to, copies of affidavits of persons knowing and stating many of the leading facts, and from those sources has good reasons for stating the truth of the matters in such paragraphs (7 to 21, inclusive) last referred to. And referring to paragraphs of the complaint numbered 22, te 24, 25, 26, 27, 28, 29, 0, 31, 32, 33, 4, 35, 36, 37 and 38, he says Le has consulted the best sources of informavion kno wa to be open to him and has de- rived his Kuowiedge from reituble sources, including papers therein referred to, and from suid information ayers the truth ana nis belief of the allegauons of those portions of the complaint. And referrmg to the paragraphs numbered 39, 40, 41, 42 and 43, he says he has seen portions of the other papers, and the complaints therein referred to, ana he avers the allegatio .s of these paragraphs are weil tounded, according to the best information he cai obtain, And referring to paragraph num- bered 44, he alleges, on imformation and belief, Uhat the allegations therem contained are true And referring to Legh tate numbered 45, 46, 47, 48, he alleges that he has seen a letter in the hand- writing of Jay Goula, requesting a subordinate oa the Erie Railway, in charge of numerous employes, to use his influence to secure the election of a parti cular candidate, and on information and bellef de- ponent alieges Ue allegations in 6u10 several para- graphs to be true. And referring to the pura- graph numbered 49, he says he has learned the leading facts thereim, stated from sources entitled to credence, and bas scen printed copies of the Jease and contracts herein reierred to. And reierring to paragraph numbered 6), he alleges, on iniormation and belief, that the allegations im the same are true. And referring to the paragraph numbered 61, he says he has seen ‘a prmted copy of the complaint theretn, from which the leading facts stated are taken. And referring to the paragraphs numbered 52, 63, 54, 55, 56, 57, 58, 69, 60, 61, 62, 63, 64, 65, 66, 67, 63, 69, 70, 71, 72, 73, 74, 70, 76, 77 and 78, he avers, on information and belief, that the allegations therein contained are true, and says that the resolutions and despatch therein re- ferred to have been treated as correct by those best informed of the facts to which they refer. And deponent, desiring to get in'ormation, if possible, from some of the Directors of the Erie Ratiway Company, has caused inquiries to be made, but could thus secure no important information ex- cept from Mr. Diven, one of the directors, to whom one of the deponent’s attorneys addressed a letter and received an answer to the same, of which copies are herewith attached, marked respectwely schedules A and B, and on information and beitef deponent avers the statements contained in said answers are true. JOSEPH H, RAMSEY. Sworn to before me, this 17th day of Novomber, 1469.—L, G. BANCROFT, Commissioner of Deeds, city of Albany, N. Y. Mr. Field said it probably would be necessary in disposing of this motion that a reference should be ordered w ascertain certain facts. For example, Mr. Eaton said that no aiidavit was served on nim. The afidavit of service, which he had in the case stated positively that the afidavits of Mr. White and Mr. Whittaker were served on him with the com- plaint. Of course there was some mistake, and he did not think they could get at it without a ref- erence. Mr. £aton said he made the aMlaavit according to facts. Whether the papers were served or not was utterly immaterial. If it would facilitate the coun- gel in coming at the substance of the case and dis- posing of it that day, he would admit that che papers were served for the purposes of this argument, MR. FIELD'S ARGUMENT. Mr. Field said that before he read portions of these papers he would say that he dwelt longer on tnis motion than he should otherwise have done because g the very great misrepresentations in respect to is order and the action of the Court which had been made in the newspapers, Of course he could not ones that any auch ntations were 1n- tended, but they were, nevertheiess, very prejudicial to justice in the case and ought to be set right, Now, fair play was @ characteristic of this people and of the brave people from which they were dtscended, and the first lesson in their code of honor was that no man should be condemed unheard. And when he told his Honor that in this case eight directors out of seventeen of the Erie Katiway Com had been struck with an order of suspension which would paralyze them without giving them an opportunity to say that i ought not to be done, was there anything grosser in the whole history of jurisprudence than wnat? Todeprive men of office—take from them all the trusts which all the constituents of that com- pany had given to them within a month and a half by an almosi unanimous vote—to suspend them and take from them that trust without as much as hear- ing them say one word? Now if he (Judge Bar- nard) when applied to did not stop these proceed- ings until the parties could be heara, then justice would haye failed of her office. The Roman tect 1,300 years ago, “It 18 mot the man- ner’ of the Komaus to condemn any man to death until after he that 1s accased shall have met bis accuser face'to face, and has license to say what he can against the crime laid against him. And yet we, who thought we had increased the blessings of liberty, eighteen hundred years after struck down the president, vice president and eight of the directors of @ corporation whose reve- nues were larger than the government of the United States under Washington's administeation, and which had now in its employment 23,000 men. If his honor and Judge Baicom had not interposed, they would have doomed this Erie Company to abso- lute bankruptcy. Mrv Field then went on at length to criticise the various affidavita submitted by the other side, and contended that there were ainple and sufficient grounds for the granting of bis mo- tion, RX-JUDGE TORTER’'S ARGUMENT. Ex-Judge Porter, on oehalf of Mr. Ramsey, ‘was unfortunately true, a3 his learned id said, that these two gentlemen, down to the 24th day of the present month, wielded the administration and controited the revenues of the Erie Ratiway Com- said it had pany which were greater than those of the Union at the time of the war of independence. Is was not true that they aid to-day, though, When that order ‘Was served on the company every one of the sus- bgp directors was charged with the knowledge ook guna ant AP ange tana ae were 10 todians of these revenue, and they stionld 100k to than as the ex-| ae and gr sontroel of r in jose behalf present learned friend (Mr. Field) a8 their counsel for a cor- Tect account of their stewardship. His friend seemed to suppose that that which was the law in March, 1868, was not the law in November, 1860, The might which his Honor then exercised, and which, m this case, Judge Murray fas exercised, ‘Was @ law contained in the Revised Statutes of the State of New for tue protection of the great.cor+ Eovaral interests, which were too apt to fall into the ands of those who avatied of their tions for purposes of pillage and usury. But, a final con- demnation, it was true, could not be pronounced without a hearing. An assassin strikes @ man down at his right hand wich a dagger, He would be con- demned without a hearing by a grand jury of his accusers. And when Mr. Drew was accused ou aformer occasion before his Honor, his Honor be- lieved the facts warranted the accusation, and he Was condemned without a hearing. And why? Be- cause the law accused iain on facts, and suspended him in the functions he exercised, Was there a doubt that Judge Murray had the same precise juris. diction over James Fisk, Jr, and Jay Gould? ‘fhe gentieman complained that these parties were not permitted to represent the Erie Railroad Company, as, on @ former occasion before his Honor, It was complained that Mr. Drew had not a right to repre sentthe Erie Railway Company, of which he was the chosen officer, and show why he should not be deprived of his rights as @ director. But what was his Hionor’s auswer then? Preciscly what it would be that day. If the facts in the com- plone were true—if these two men had $40 000,000 of ‘he people’s money to account for-—if they usurped the control of the company and used for profigacy and bribery the moneys which belonged to the cred- itors and stockhoiders—the law was to pass on that question, aod the tribanal before whieh the acousa- tion Was to be brought was the tribunal which was to hear and pass on it. His learned friend com- plained of these proceedings as if his Honor were sitting a8 un appellate tribunal reviewing the judgment aud correcting the errors Of his fonor’s peers upon the bench. When was it that his learned friend discovered thav there ‘was no anthority for judges to sitin judgment on each other in respect to their judicial actions, excent in the form prescribed by law. The gentieman on the other side had had the coolness to read portions ot these papers only, and asked his Honor to pass on things which were not before him, but which were before Judge Murray in the other proceedings. They were told that there were no facts stated in those popers. but his friend had failed to read the papers placed in his hands, or he would not have labored under that Impression, (Judge Porter then read the affidavit of A. D. Ashley, given above, and that of Jackson 8. Shultz, com- menting logically and forcibly on them to show that they contained facts and circumstances sufficient to satisfy the mind of the court of the justness of Mr. Raméey’s claim), Mr. Eaton was charged with designing to obtain @ consent Ww @ recetvership against the Eric Company. That charge was faise. Nobody made it and Mr. Katon denied it. Mr. Fieid clatmed authority to appear for the Erie Railroad Company. He recognized him as having authority to appear in tnd present suit and that was all, Mr. Field stood there claiming on behalf of the krie Railroad Company that these men should be permit- ted to pillage. He (Judge Porter) stood there representing the stockholders and creditors to see that they should not be permitted to piliage. Mr. Field stood there and ciaimed that an order of the Supreme Court of New York was to be detied, He (Judge Porter) stood there to see that if tt were defled 1t woula not be by the the Judge who had pronounced it. If ne couid con- vince his Honor that his was right Judgment would be in favor of Mr. Kamsey and not in favor of Mr. Fieid’s chent. If his Honor belleved he had neither the power nor the right to grant that injunction, say what they would, believe what they would, 1t would not be granted, and he took that audience to witness it. Le would quote @ memorable and leading case, in which his Honor participated and delivered an opinion which attracted attention in this and other States, He re-erred to the great con- troversy of the Merchants’ Express Company and Waterberry. in which an opinion was delivered by an able jurist which so completely covered the ground of this action that he had betier read it than present arguments of his own, (Judge Porter here read the opinion of Judge Johnson in the case alluded to, after which he referred to several other authorities, among the rest an ppinien of Judge Cardozo in the case of Schell vs. ‘The Erie Ratlroad Company, reported in the 51st of Barbour.) He continued to say that that being the opinion of the General Term of this dis- trict, an op:nion which his Honor had had occasion toexpress in a memorable and leading litigation, and being in accordance with every opmion deliv. ered in this Staie from the time of Chancellor Wal- worth down to this hour, he submitted that nis Honor would no longer continue an injunction which bad continued, in view of these facts, too oe already, ir. Rufus W. Peckham, Jr., followed on the same side in vindication of the character of Mr. Ramsay. Mr. Eaton explained Is connection with the waus- action, and showed, clearly to tue court that the chatge sought to be Inaintained against him ia con- nection with the appolmunent of receiver, &c., Was without the slightest foundation in fact. Mr. David Dudley Field replied to Mr. Eaton and asked who was the receiver. The gentieman would not allow the counsel who professed to represent the Erie Raiwoad Company to know whom they could proceed against as this spurious receiver. ‘That was the frankaess—that was the condi- tion of mind of the gentleman who asked the court to believe that there was no collusion at all, and who sought to ask him to absolve from all ap- earance of collusion. He could say no more than he a said in his opening, that his relations with the learned gentleman would not permit nim to believe that he intended a wrong. But that he did a wrong, and that that wrong still continued, was palpable. Jf this injunction was not retained, how would the Erie Company get any justicer Tuey could not appear, they could not move, and the counsel re- fused to tell nim into whose hands this property of the Erie Company, Who set themselves up as ‘the owners of millions and millions,”’ had been placed. Mr. Eaton—It ts recited on the face or the docu- ment, Mr. Field—What? The name? Mr. Eaton—No, not the name, but the statement about the appointment, of a receiver, Mr. Fieldgel do not ‘believe that any judge will ever jet justice lose hold upon Ramsay and the attor- neys until he finds ous who can represent the Ene Company and protect its interests. Now, 1 ask, who is the recelver? Ju Porter—I have already stated to the counsel that the order for a receiver has been served on the Erie Company. If he wishes to find out he should go to the clients he professes to represent, Mr. Field, excitediy—Who is itt Who ts it? Mr. Eaton replied to the query in substance as he bad before. Mr. Field then proceeded to comment on the fact that counsel now engaged for Mr. Ramsey had at no distant period appeared in that court as defenders of the Erie Railway Company Sains the very charges now contained in the complaint. Mr. Eaton—I never aetended an act complained of there, nor do I ever intend to. Mr. Ficld—What? Do I hear the gentleman? Does not this litigation cover the ground of that in 1868, and were we: not, all three of us, shoulder to shoulder 1n that case? Mr. Eaton—Weil, you had the honor and all of it, Mr. Fieid—Well, J am prepared to say 1 had but a amali share of 1t compared with the gentleman. (Laughter) Mr. Field then concluded his remarks by saying that ag he had to depart for Rocnester to take part tn the other case he would submit his asgument on his brief to the court on bis return. Mr. kham said the name of the receiver, about whom Mr. Field appeared 80 anxious, was David Groesbeck. Judge Barnard—Hand me the papers. ‘The papers were accordingly handed up, and the proceedings terminated for the present. Postponement of the Albany and Susquehanna Railroad Case. ROCHESTER, Nov. 30, 1869, ‘The Albany and Susquehanna Railroad case was further postponed unti! to-morrow on the urgent ap- peal of the counsel for Messrs. Gould and Fisk. Judge Barnard telegraphed to Judge Smith request- ing @ postponement, stating that Davia Dudley Field was engaged before him in the Vanderbilt suit and that one suit or the other must be postponed. Tue counsel for all the Interests Re rae to the Erie Company earnestly urged immediate action. Ejectment Suit Against the St. Louis, Alton and Terre Heute Railroad. Sr. Lovrs, Nov. 30, 1860. In the ejectment suit of Oakley and others vs. the St. Louts, Aiton and Terre Haute Ratiroad, recently tried at Belleville, Jli.,in which a verdict was ren- dered by a jury for the plaintiff, as reported, the claim is for the occupancy of some coal lands be- longing to the company. ‘The plaintiffs claim under some lease or contract alleged to have been made by the old Terre Haute and Alton Company with certain parties, The questions involved are purely local, 80 far as the present corporation is concerned, and the case was tried by the court last spring ant decided in favor of the defendants on every point. ‘The plaintiff's had a new trial by jury, and resulted last Week in a verdict in their favor, without regard to the law. The case will be appealed. PRIZE FIGHT MOTT HAVEN. Yemerday morning about seven o’clock Mike Moran, of Morrisania, and Phil Tracy, of the Sixth ward, met at Mott Haven, for $300 a side, to decide ‘which was the better man according to the rules of the prize ring. The quarrel issued from a barroom argument between the menjon the late fizzle between Allen and McCoole. Moran was seconded by Bill La Coste and Teddy White, while the same honors were attended to for Tracy by Mike Murphy and Jom Madden, Matt Delacour was chosen referee. Im round. they displayed plenty of caution, each feinting and getting away. ¥, quick ag ine @ashed in his left on Bill's left eye, sending to to theearth. In the second round each seemed eager, and cach exhibited Gisooloration onthe dial from the handiwork of his opponent, Tracy was the first to commence on in round three, by leading off on the nose with the right, Moran re- taliatin, with @ straight left-hander on the right per, Close followed with another, both fibbtng, until Mike went down, In round four Mike pian his leis on Phii’s mouth, bringing ood profusely, when ho received a smasher on the none in return; @ close to the ropes and both went down. In the fifth and last round Mike was up firat and administered @ heavy upper cut on the jaw, after which tney closed and poor Tracy got down. The sponge was thrown up and Moran deciared the victor, after fighting thirty minutes. The Prussian Governor of the city of Carisruhe bas agreed to allow the Polytecunic School of that city the right to enter upon civil apporntments in Prussia on the same footing as Prasstans oy birth. IN THE SHADOW OF THE SCAFFOLD. A Condemned Murderer Interviewed By a Herald Reporter=A Two Weck» Respite— Owen Hand, the Principal in the Brooklyn Gas Works Tragedy—The Culprit’s Explana- tion and Statement Regarding His Crime. On Friday, December 17, between the hours of elght A. M. ana two P. M., Owem Hand will be hanged by the neck until he 1s dead at the Kings county jail in Brooklyn. Tne penalty, under the ori- ginal sentence would have been carried into effect on Friday next, 24 instant, had not Governor Hoffman granted a respite of two weeks to the prisoner. Hand was tried at the September term of the Court of Oyer and Terminer in Brooklyn, before Judge Gilbert ana Justices Hoyt and Voorhees, for the murder of James Donneily, fellow workman, at the South Brooklyn Gas Works on the 6th of August last, and sentenced m accordance with the verdict of we jury. The cucumstances of the murder, the trial and convic- tion, are still fresh m the public mind and need not be recapitulated; but as the opinion is freely ex- pressed by many that under the peculiar circum- stances it would be wrong W inflict the extreme penalty of the Jaw upon him, and that the Governor sould be petitioned to extend executive clemency, the HERALD yesterday detailed a reporter to visit the condemned man and hear what he had to say. Having obtained a perinit to visit che jail from the Under Sheriff of Kings County, the reporter pre- ceeded to the jail and was at once conducted through along corridor, at the furthest end of which the condemned man was standing, in company with his wife and two of his children. Severa! visitors, mostly friends,of Hand, were standing about and occasionally speaking a few words of consolation to the grief-stricken woman, The wretched men in their cells crowded to tie gratings on the annouuce- ment being made that 2 reporter of the HzraLp had arrived, and listened atientively to the conversation that ensued, Several prisoners, however, Who were beyond. earshot, langhed and joked unconcernedly. Hand looked ap with eager interest when the re- porter made known the object of his visit. “I will be very glad, indeed, sir,” he said, “to answer any question you may ‘wish to ask when I gin satisiied that you are what you represeat your- selfto be. Don’t be offended, So many persons have come here as reporters of the HERALD, who were not really.sent and had no authority, that I am suspicious of strangers. You have your creden- tials, I suppose ?? ReEPoRTER—Certaialy. my written instructions, Hanp—Quite correct, sir;and now as you wish to have my sad story for the readers of HERALD we will begin at the beginning. You know I am con- aemned to die for killing James Donnelly on the 6tn of Auguat last, at the South Brooklyn Gas Works. I don’t deny that I killed Donnelly. What would be the use? But I was fully justified, I believe, as [hope for forgiveness from God. before whom I shall soon stand. When the row occurred between us he was ordered to leave by the foreman, and I thought he would do 80; but no, he went and sai down by the water pail in the corner and wattet for me, knowing that [ could not stand long without adrink. The heat is fearful there, especaally dur- ing the summer mouths. As he expected, lL had to go to the pail in half an hour or thereabout to get ‘water. ben { got in reach of Donnelly ne sprang up and struck me three or four biows in we face and held me, He was a very powerful, able bodied man, ‘he blood poured down iwy face, aud I was blind with pain and rage, for as he seruck me he cried out, “You old son of a b—n; lve got you now. Ill kill you.” Istruggied, but it was no use; he wouldn’t let me go. Then I drew the knife and stabbed nim, and wien 1 heard that he was killed walked over to the police station and gave mvselr up and acknowledged what Thad done, What kept hun sitting at the pail, then, waiting for me? Revorrer—-What avout tie knife, Hand? How came you to carry a deadly Weapon about your per- son? Hanp—I am giad you asked me that, for on the trial it was made to appear that I carried the knife for the purpose of killing Donnelly. Now, what | say to you is true, and [ don’t say if, mind you, for the purpose of exciting sympathy. [am not afraid to meet my God and | nave no hope of a repreive. I drew the knife in self-detence. ‘lis is how I came by the knife on the previous day:—i was Tummaging im an old chest in the shap and found an old knife. The nail on one of my toes had grown into the flesn, and as L had nothing to do at that time, We and knocked oif work. [thought I’d sharpen it had cut the nail away. I ground it very sharp at the point and pared the natl to the quick. When I had finished some- body said ‘It is time to go to work,” and in my haste I supped the knife into the side pocket of my pants, where it remained until I usea it defending Inyself from Donneliy the next day. -EPORTER—There scems to have been a standing quarrel between Donnelly and you. How did that come about? Hanp—Some time before I was working an extra shirt, and Donnelly ciaimed that 1 gave him the worst quality of the coal to work. 1 consider my- self a dying man, butl say before God I did not give him bad coal, and now belteve that if there was any difference it was in nis favor. 1 said to him at the time, laughingly, “Why, you dirty tool, I would not do such a thing.” Workmen will talk to one another that way, sir, sometimes. He only wanted an excuse for quarrelling with me. We worked together for two years, aud during that time I flattered him and did my best to allay his gnger. tHe was very domineering and thougnt that little men had no rights to be respected. Five years ago no man in the works dare lift his band against me, but { got ruptured in the establisnament and my skull was broken, I got too weak and powerless and he thought thatI had no remedy but to leave the works. He asked the foreman to discharge me the day he was killed; that I was not good enough and was no use as & work- man, He said that if I did not leave he would kill me. He told ali the men on that day that he would kill me and that I should never sec my home again, ana for days beiore what, sir, he used to follow me about and call mea “son of a —,’ “old thief,” ana such names, I velieve that he tntended to kil me when I was attacked at the jail, All this is ‘Goa’s truth, as I hope for forgive- ness and a iife hereaiter. REPORTER—From your statement your crime was justifiable homicide. { suppose, therefore, that you are,not quite saustied with the manner in which the trial was conducted? HaNp—Satistied !no, indeed, sir. [was sold on that trial most shamefully. My counsel made no deience whatever, and took what was sworn to against me for granted. I want the world to understand this, that he might have cleared me, but that he was neither able nor wiliing to do so. ‘The two best witnesses I had he would not jet on the stand. He told a man here named Robert Berry, who is now in the State Prison, one day, while be was holding @ private con- suitation with him, that he couid save lim, buat that for Hand he could do nothing. But he took my money—3$l00—and robbed my wife and children. There they are, sir; look at them; without a siuiling tn the world and nothing to depend on but {the mercy of God, Buti forgive him and all others,from the bottom of my heart as 1 hope for forgiveness for the manifold sins of my past infe. RRPORTER—Have you any hope of pardon? Hanp—None whatever, sir, here. When I die 1 hope God will pardon whatever sins I have com- mitted on earth, but I don’t look for pardon here. [ saw that | was doomed when the trial was in pro- gress. | am now ready to die; but my wife and children—don’t talk to me of pardon, sir, if you lease. Revorter—Do you belong to any benevolent societyr If you do they will probably take care of your helpless family. HAND—No, I don’t belong to any soctety, sir, now. I was once in the order of Ancient Hibernians, and also belt to the Quarrymen’s Society, but | am not now amember of either, nor have I been for a considerable time. f hope nothing from them and ask no mercy or charity for myself, Iam doomed todie. My eldest boy is fourteen years old, the nexs is nine years and the youngest, that little biue-eyed thing there in her mother’s lap, is thirteen monvhs old. ReErorTeER—Did you intend to kill Donnelly when you struck him wita the knife? HaND.—Do | intend to Kill you, sir? Well I in- tended to kill him just as much, { was maddened by his taunts and blows. What could Ido? Let him kill me? What 1 did was in seif-defence, and he had only himself to biame. ReporteR.—One more question Hand, and I will take my leave, How have you been treaied since your invarceration ? Hanp—Could not be detter, sir, I had no expec- tation of beitty treated so well, I received nothing but Kindness from everybody connected with the jail. [was never refused anything but my liberty. Now that you have asked ail you desire to know I will say that I was born in the county of Armagh, in Ireland, and that I am forty years of age. Will you do Mowe thing for me rs ogg iy me well and er Lg: mublic your impressions, rooklyn paper 6 fina a tard 10k. Do wig ag hk jerer ? anh ‘The ner remoy large fur cap whicl covered his” head during the interview, and stood with his hands by his side, while our reporter acceded to hig request by taking notes of his appear- ance. Hand ts five feet five and three-fourth inches in height, is compactly built, has clear biue eyes, black hair, Lom inclined to a ‘wears & heavy muatache, is featured, and, though unshaven and careworn, is very Intelligent looking—tmore, much more than men of wis class generally are. His voice is gol and agreeable, and he Pinal Nuently, and, when unusually moved, with ‘i pathos and tenderness of expression peculiar to the fi During the entire interview ne con. ducted If with dignity, and seemed fearful lost his wife and children should unman him in the presence of strangers. He was attired In @ black coat, drab vest and dark trousers, Here is my card and also When our reporter was abont to take hig leave the unfortunate man reasserted his innocence in @ few quaint but most eloquent sentences. lo did not talk, he} said, for the purposo of gaining He told the truth, the truth as it 1s in Rim before whom he should soon stand. ile was not afraid to die and when the final nour came would behave, he hoped, like a Christian and a man, “There ig one thing more before you go, sir,” he said, ‘and thatis, I don’t want any more reporters to come here. Iam giad you came, but when you are gone I will see no more reporters. My thoughts are ixed on God and I don’t want to be disturbed.” Our reporter then took his leave and the wife and chil Gren of the wretched man crowded around him and kissed him passionately. Sheriff Campbeil aud a number of persons left for Albany yesterday for the pur of interceding with the Governor for a reprieve for Hand, and about four o'clock yesterday afternoon Assistant Keeper Cassidy, who was on duty at the desk of the Raymond street jail, received a telegraphic aespateh from Sheriff Campbel!, direct from Albany, stating that the Governor haa postponed the execution of Owen Hand unuil Friday, Deceraber 17. The glad tidings were soon communicated to the condemned man, who was in the prisoner’s corridor in conver sation with his wife and children at the time. Hand wept for joy, as also did his wife, upon receipt of the news, He went irom cell to ceil, informing his aympathizing fellow prisoners of the fact, with tears in his eyes, and received many warm congratula- tions ais them. He did not expect this respite, he sald, but they might understand tue happiness it afforded him, COMMUTATION OF THE SENTENCE OF BURKE, THE HUNTER’S POINT MURDERER, ABany, N. Y., Nov. 30, 1869, Governor Hoffman has commuted the death sentence of David Burke, convicted of murder tn Queens county, to imprisonment for life. The pri- soner was twice tried, the first jury having fatled to agree, Judge Gilpert, who presided at the first, and Judge Joseph Barnard, who presided at the second trial, united in recommending the commutation. EXTRADITION EXTRAORDINARY. Arrest of 2 Swift Fugitive from JasticemHo. Returns Voluntarily to Switzerland—The Swiss Consul General Provides Him with Luxuries for a Pleasant Trip. Ab@nt the close of the month of October, Mr. John Hitz, Political Agent and Consul General of Switzer- land at Washington, received information from his government that a certain Arnold Meyer, lately Cashier of the State Bank at Liestal, in the Canton of Baseliand, was charged with forging en- trics on the books of the bank and embezzling its funds to the amount of 24.235 francs, or $4,847, and that he was believed to have escaped to New York city, where it was reported he had taken up his abode, The Consul General was fure nished the requisite documents to show the guilt of the accused, and he was instructed to take the necessary measures, under the extradition treaty between the United States and Switzerland to nave Meyer apprehended and re- turned to the Swiss authorities for rial. Mr. Hits at once applied to the State Department aud in due course of time he received a warrant, isst by the President of the United States, directing the arrest of the accused. Fortified with this document the Consul General came to this city and employed tho services of a detective, One day last week this oricer found Meyer, who was en; as a hostler around some stables and arrested him. The prisoner was taken to 2 hotel up town. near Astor pee and there safely lodged until the Consul General could be notitied of we success of the search. In answer to the information Mr, Hitz arrived in tis city on Sunday last, and had a long imterview with Meyer, who made a full confession of his participation in the crimes charged against him. From this it appeared that Mever, being yet a young man of vot over twenty-five years, had several young friends also employed in the bank, who took @n occasional! thou- sand francs or 80, without his knowledge, from the funds of the bank. When at last he dis- covered the theft, m order to shield ws friends, charged the entries in the books to correspond with the cash onhand, His crime hath tos extent no more, and he confessed that it was a great fault of his not to have communicated to the governing cominittee of the bank the real state of alfairs. He was told that under the circumstances of the case the best he could do would be to return voluntarily to Switzerland, to which he assented, but pleaded extreme poverty and Ms inabiiity to uadertake the journey. On Monday morning he wrote the follow- jug letter In German:— G Mr. Hirrz, Consul General of the Swiss Confederacy at Washington :— DEAR Siz—Following your weil meant advice I have now resolved voluntarily to appear before our Swiss aathorities, and bence to make the journey to Switzeriand to undergo Whatever of punishment may be awarded me. J doubt not that our courts will know how to appreciate this step, especially since { have come into this misfortune against my wil, Ineonclusion, task your kind assistance to carry out my purpose, and remain, in the hope of your favorable con- sideration, Fespectfully your most obedient, ARNOLD StEYER, formerly cashier at Liestal. On the receipt of this letter Mr. Hitz tmmedtately procured passage i ‘ne second cabin of the steam- ship Silesia; bought for Meyer a iuil sult of cloches, boots aud hat included; iso an oattit of under- clothing, provided him with @ suficient amount of pockec money and to pay fare from Cherbourg, in France, to Basle, and even presented him with a quantity of cigars to last him during the trip. At noon on Monday the Swiss Consul General and his culprit protegée came on board the Silesia at Hoboken, and as the signal was given to depart Mr. Hitz handed Meyer a letter of recommendation to the authorities of the canton of Basiliand, strongiy urging the latter to temper justice with mercy and proniiaing to exert bis personal influence to procure is pardon should he be convicted. Shortly before the steamer sailed several persons, claii to be friends of Meyer, appeared on the scene with intent of “rescuing” him, but he resolutely refused and de- clared his firm resolve to return home and stand his trial, Meyer is said to be a well educated youug man and of a most respectable family, his iather hav- ing been President of the Cantonal yvernment of Bastiland fora number of years. g all the circumstances into account this appears to be a case of extradition extraordinary, a8 such proceedings seem to have been resorted 'to in order to avoid the heavy expenses of a Pp bhegaaiy litigation in the United States Court, and also to escape the danger of having the fugitive *‘habeased”’ out of the hands of the Swiss representative. METHODIST CHURCH FUND MEETING. A number of ladies assembied in the Mission Roomy, No. 805 Broadway, yesterday morning at eleven o'clock for the purpose of hearing the Rev. Dr. New- man, of Washington, explain what was expected to be accomplished by the Methodist ladies of New York im ald of the fund to pay off the outstanding debt of the Methodist Metroplitan church of Washington, of which the Doctor is pastor and the President and Cuief Justice trastecs, The foun- dation of the church was laid seventeen years ago, and has been open for publac worship for some time. 1t cost $200,000, but only $140,000 of that amount was reised to pay for 1, A movement was set on foot jately by a national committee in Washington to collect the $60,000 required, and sub-committees were formed all over the country. There are alto- gether about 500 ladies engaged in the work. The iadies’ committee im this city numbers fifty mem- bers, and is headed by Mrs. Bishop Janes, Mrs. Gov- ernor Wright and Mrs. Fletcher Sarper, Jr. Dr. Newman explained the ovject of his visit to the ladies ypreseut avery briefly, and the mecung soon aller adjourued, BOURBON WHISKEY. Great Depression Among Distillers—-Reduc- tion in Manufacture—Oppressive Taxation. [From the Lexington (Ky.) Gazetve, Nov. 27.) We regret to learn from many of our most reliavie distillers that this branch of our manufacturing business 18 much depressed, and must of ne- cessity be reduced to mall proportions com- pared to last season’s operations. ‘This re- duction of the manufacture of whiskey is now being seriously feit by ine farmers in the distillery regions, and will consequently have its effect on other branches of business. ‘This time one year siace the distillers were par- chasing all the corn, rye and varley that were offered for sale, at remunerative prices to tho producer, whereas now but few are buying af all, and only in moderate quantities and at close p ‘ices, We learn from distillers that the present de- pression arises from the stringency of ihe revenue jaws and inadequacy of capital in the State to properly sustain this branch of manulac- ture. ‘ne distulers do not complain of the amount of tax demanded on their product, but of the manner and time of collecting it, Their product being @ specialty, and, we may say, a luxury, they recoguize the right of the lawinakers to place any (ax on It (hat may seem best in their judgment to promote the interests of the govern- iment; bat they claim that the forcing the payinent of the tax before the manafactured article is ready for consumption has now, and must during the con- tinuance of the present law, have & depressing effect at stated periods. Bourbon whiskey must have considerable time to mature and n, after it is made, before it is pro- periy ready for consumption. The time required depends upon the different proportions of grain used and the manver of distillation. Some of it ma- tures or ripens in two to three years sufficient to be properly merchantable, whereas. others require sul more time; hence, the law requiring it to be withdrawn {trom bond and tax paid in one year from date of its manufacture, forces the manufacturer or dealer to pay tue heavy revenue tax long before it is probably ready for use, thereby depressing the and, in some in- stances, for want of sufficient available capital, causing thuch loss and trouble to the owners. We believe no other class of manufacturers in this country haye this trouble to contend with. Thu wana- tacturers of cotton wool, hemp, flour, &c., find their articles ready for consi ‘a8 soon as they leave the factories. The cine of higbwinea—or com- mon corn whiskey—find their product ordinarily worth a8 much, for the purpose it is mostly used, the day it leaves the still asin six or twelve mont afterwards; so that of ail une leadimg manufactared articies of our country We at presont tink of howtng bat bourbon and rye Whiskeys that are of sympathy. | @ necessity depressed by the revenue laws,