The New York Herald Newspaper, March 19, 1873, Page 3

THE STATE CAPITAL, A Scare in the Senate Over the Tweed Investigation. Breakers Ahead for For- mer Delinquencies. The Committee Come to New York, but Tweed Is Not Ready. PRIVATE INTERVIEW WITH THE “BOSS,” **Go on with this Investigation and Some- body Will Get Hurt.” A MINE TO BE SPRUNG. Woodin and Johnson to Have a Hostile Meeting. ONLY COFFEE FOR TWO. Johnson Carries All His Points and Is Be- solved to Do His Duty. The Charter To Be Reported to the Sen- ate To-Morrow. ALBANY, March 18, 1873. ‘The Senate to-day was the scene of another of those savage debates which seem to spring up at the bare mention of Tweed’s name. Senator John- son has long felt that he was “cabined, cribbed, confined” by an alleged indifference on the part of Lewis and Graham, his co-workers on the com_ mittee, as to a thorough prosecution of the inves- tigation, Judge Noah Davis’ remark some time ago that there were five Senators in the present State Senate who were creatures of Tweed was un- doubtealy the groundwork upon which Johnson based his original resolution. It was THESE FIVE MEMBERS ‘whom he proposed to investigate rather than Mr. Tweed, and the strange proceedings of a number of republican Senator to-day on the new question spruug before the Senate, is enough to excite- curiosity as to who may be implicated by the Tweed testimony. Who are the five Senators? That is the question that Johnson seems deter- mined to unravel and which nearly unravelled itself in the fiery personality of to-day’s debate, HOW THE AFFRAY BEGUN. Senator Lewis, who 1s second on Johnson’s com- mittee, unwittingly fired the mine by a most inne- cent-looking resolmtion authorizing the Tweed In- vestigating Committee to appoint a clerk, alsoa Messenger and stenographer. It was known that for at least two weeks Johnson has carried around @ resolution asking that the Chairman of the com- mittee (himself) be allowed to appoint these officers, and taking that power out of the handsof the other members of the committee, and it was known also that there was no accord whatever be tween the two republican members on that com- mittee and Mr. Johnson, When Lewis’ resolution was introduced the knowing ones expected a burst from Johnson. It came, but notin the way con- templated. He replied tothe gun of the Senator from the Thirty-first by presenting the following resolution :— Resolved, That the committee to investigate the allega- William M. Tweed be increased to five, and rs Lowery and Allen be members of that CARRIED AND RECONSIDERED. Both motions were put by the Lieutenant Gov- erner and both were carried; but the putting of the vote and the announcement of the result were one in such a slovenly way (a way that has grown up on account of the inexperience of the present presiding officer, who came too suddenly from soldiering to the Senate) that it was plain a num- ber of the Senators had ‘either misunderstood the question or had not voted at all. LEWIS EXPLAINS. ; Senator Lewis then moved a@ reconsideration of the vote, and said: — desire, Mr. President, to explain the cause of aslight difference that has sprung up between the members ol the committee<—~ Mr. Jounson—Disagreement, tf you please. Mr. Lewis—Yes, disagreement. I believe that is the better word. The committee met a few days ago in good accord, agreed on every proposition, and then on Friday last, went to New York.’ On arriving there one of the members called on Mr. Tweed, Avedl he was not prepared, his counsel being sick, afid then we adjourned home, agreeing to meet in New York again on Friday. We met again is morning, and one member desired to have counsel, and particularly desired to have A CERTAIN LAWYER designated as counsel. The other members felt that duty required they should remain here and at- tend to the needs of their constituents and object, feeling that the employment of counsel may pro- long the investigation into midsummer. The facts we need in this investigation are already known and easily got at. We disagree mainly in regard to the em) ment of counsel, There is no other disagreement, except that even if we have coun- sel, |, for one, objegt to one member naming him. We are all anxiouto press the investigation as far as possible. But there may be something requiring explanation in the action ofa Senator wh6, while insulting the other members of the committee by asking an enlargemeut of it. at the same time is so desirous to employ a certain lawyer in the conduct of the investigation JOUNSON PERSISTS. Senater Jounson—Mr. President, I will explain this disagreement now, as I understand it. The other members on the committee when we met ‘Were opposed to employing counsel. I did not care and waived the question. But when we reached New York Mr. Tweed informed us that he will ap- pear by counsel, but asked a postponement on ac- count of the sickness of that counsel, This morn- ing I urged the Ge hg hry of counsel, but again members disagreed. One did not care, but he was PO neta to employing the particular gentiemen whom I suggested as counsel. Now, sir, a8 chair- man of this committee, I propose to MAKE THIS INVESTIGATION SEARCHING 3 but I declare here, as now circumstanced, I am as powerless to effect any decision as if I were not a member of the committee. I have selected two other gentlemen—men of undoubted integrity—of ® reputation far above reproach, and both mem- bers of the republican party in this State, to be added to that committee, in order that the coms mittee may be more fully in accord with myself in the prosecution of this investigation. As to tie party whom I selected as counsel to the committee, I selected David J. Mitchell, of Syracuse, a thorough republican, whose legal repute is great all over the State, and who has conducted similar investiga- tions to most creditable issue. Messrs. Benedict and Winslow both favored the reconsideration of the vote by which Jelinson's resolution, adding Lowery and Alien to the com- mittee, was carried, on the ground that they had not heard the motion puf or the vote announced. The reconsideration was finally carried by a vote of 13 to 6, The following is s—Measrs. Adams, Benedict, Bowen, Dickinson, r, Lewis, Lord, Robertson, Wagner, Winslow, D, P! ‘ood, J. Wood, Woodin—13. Nays—Messrs. Chattield, Scoresby and Tiemann—6. THE CASUS BELLI. Senator Winstow at once moved to amend the Original resolution by providing that the two addi at memoers shail be appointed by the Presi- lent. Cock, McGowan, Perry, Mr. D. P. Woop thought that would be a reflec- tion on the gentiemen already named. Mr. James Woop thought differently, and said such a mode of appointing as that of an appoint ment of additional members 0 a committee by the chairman himself was without precedent. Senator Woopin—Mr. President, we thought that the only cause of disagreement between memers of the committee as originally organized was merely relative to the employment of counsel; but irom jurther developments it seems to me that the real cause of disagreement is that the chairman of ‘the committee wants to have ail to himsel!, singly and alone, the conduct of this investigation. » Mr. JouNsox—That’s just it; 1 would like to. Mr. Woopin—I thank the Senator. He admits that such is the case. The other members of the com- mittee, then, are to be INSULTED oy, this proposition to put two new members upon ia committee simply because the present chair- man cannot have his own way and hopes to get it by an cbiargeme@nt of this commitige. This is an insult, to the gentlemen connected committee. , & grORS on the THROWING THE GLOVE. with jOHNSON—| perfectly willing for the Senate - — - ser ~ perpe- President pro a. Ol ie Senate Wrenn} in the naming of this committee. No ‘nts due me as Chairman were given me. Ihave never believed, with the Poland Committee in Con- Re that Oakes Ames could be guilty of bribery inless some one could be bribed, and I meant to carry out a searching investigation, let it lead where it may. I asked an enlargement of the present committee that might better rry out this investigation. The two men’ mamed are beyond imputation, both are Known as honest men, and { presumed—I pre- samed—perhaps | had better not make known the remark that! was about to make. And with this the florid Senator, now much heated, sat down, and called a page boy to bring him some water, Mr. Lewis—I dom’t know what the Senator from the Twenty-sixtn (Mr. Johnson) means when he says he is thwarted im his investigaton. If he means to insinuate that I am afraid of any result that may ome of this investigation he is guilty of a gross insult, He knows if amy member fears the result of that investigation it is not the Senator from the Thirty-first (himselt). Mr: Jonnson—It is not the Senator from the Twenty-sixth (Johnson), Poor Graham, the other member, who never talks, could not be roused from his lethargy even by this indirect assault. THE PRIVATE INTRRVIEW WITH TWEED. Mr. Lewis—Tnere has been an effort to get up an issue between the Senator from the Twenty-sixth on his part and the other members of the commit- tee, does he want a ular lawyer from the rural districts rather than a New York city lawyer, who knows all the circumstances and is familiar with the evidence? A member of the committee, when we were in New York, went rivately, without the knowledge of the other two members, who remained sitting in the hotel waiting for him, He had a private interview with Mr, Tweed, in a private place, and came back and told us that Mr. Tweed was not ready to go on, and we accordingly came home until he should be rei Mn “Woopin—May 1 ask the Senator a question ? Did the Senator irom the Twenty-sixth (Mr. Join- son) £ away privately and have a private talk with Mr. Tweed TWERD'S THREAT. The any ee look upon Woodin’s as asked this question, was Johnson, who sits next to him, grint ag he'saw it. Senator Lewis replied, “That it needed no more open reference to indicate whom he meant.” a study, Mr. Jomnson—Mr. President—I_ did not know where Mr. eea lived nor where he kept himself when we fot New York, but I sent word to him by mes- senger that we were there and ready to proceed. ‘The messenger returned with word that Mr. Tweed’s ice was overrun with men, and that he bimself did not care how soen the investigation commenced, but he desired me to meet him that afternoon somewhere down town—I don’t known where—and I did so. He told me then that his counsel was sick, and he wanted us to wait a reasonapie time until he was better, “But,” said he, ‘go on with this in- vestigation and somebody will get burt.’ Now, what mine have yon proposed to spring under the feet of the Senator from the Twenty-sixth at my going off privately to meet Mr. Tweed ? Where, now, is the holy horror of the Senator from the Twenty-filte. That’s too thin—too thin entirely. Idid go Srptivately. andIdid have a private in- terview with Mr. Tweed. Make the most of it. Ifany- body is hurt by this investigation the Senator from the Twenty-sixth will take ali that faus to his share. SYMPTOMS OF GUILT. There was some consternation visible on the faces of Senators at this savage attack, and especial: at the deadly purpose exposed in Mr. Tweed’s epi- grammatic threat. An attentive observer, even if only ordinarily versed in the study of physiogpomy, might have safely guessed at two or three of those five Senators whose action in 1871, under Mr. Tweed’s dictatorship, has left them “tainted.” If ever unearned gold was dearly bought the money that Mr. Tweed eye them was the dearest purchase of their lives, In every line of their agonized faces it ground outits price and forced its extortionate returns, COFFEE FOR TWO. Senator Woovin (who as President pro tem. formed the committee originally)—At some time the Senator from the Twenty-sixth will make an explanation to me of the impntation cast upon me as presiding officer, thatI had motives concealed in my formation efthat committee. He may not make it now, but he will elsewhere. Mr. JouNsoN—Any place, sir. r. WooprIn—Choose for yourself, sir. r. D. P. Woop—Does this mean PISTOLS AND COFFEE ? Mr. Wooprs—No, I am not a fighting man, butl am not deaf nor impervious to the insinuations that the Senator chooses to make t me. The vote was then taken upon the amendment roposed by sefiater Winslow and as 10l- ows :— THE VOTE ON THE AMENDMENT, Yras—Mossrs. Benedict, Bowen, Dickenson, Graham, Lewis, Wagner, Winslow, J. Wood, Woodin—9. Nays—Messrs, Adams, Chatfield, Cock, Johnson, Lord, McGowan, Murphy, Palmer, Perry, Robertson, Scoresby; Tiemann, D. P. Wodd—18. The question upon the original motion was then ut and carried by the following vote, Mr. Lowery ing excused from voting :— Adams, Chatfleld, Cock, Foster, Johnson, urphy, Falmer, Ferry, Robertson, in, D. P. Wood and J. Wood—15. Benedict, Bowen, Dickinson, Lewis, jem: Nays—Mersers, Wagner, Winslow and Woodin—7. THE COMMITTEE AS IT NOW STANDS, Johnson having thus carried all his points imme- diately offered a resolution that the cemmittee of investigation be authorized to employ counsel and to set in New York or wherever it may be found necessary. Which was carried. The result of this reorganization of the committee is to give Johnson a majority in the committee, notwithstanding the fact that of the five members all of them except Johnson are republicans. Lowery, one of the new members, is the Senator from the Utica district, Oneida, and is an_unfinch- ing republican. He introduced a resolution some time ago relative to the time to be allowed mpepet of the Legislature in which to qualify. It was aimed at Tweed, and he intended to follow it up by other resolutions tending proba- bly to the very investigation which Johnson has precipitated. ‘Allen is from the Thirty-second district (Chautauqua and Cattaraugus counties) and is a liberal republican according to the latest political classification. He has been twitted by the regular republicans who sit near him time and again for his political preferences, and has retorted with a bitterness as well as a shrewdness that in- dicates how happy he would be to investigate these scoffers out of their political purity. Lowery avows his intention of standing my Johnson in any effort to probe the matter to the bottom, and says that he does not care who it will hurt. . He favors, however, THE BRINGING OF TWEED BODILY TO ALBANY. instead of going to him, sending the Sergeant-at- Arms for him if necessary. He favors this method because it would materially decrease the expense to the State and give the ive members of the com- mittee an oppertanity to attend te the important legislation of the closing days of the session. The committee will meet at the Metropolitan Hotel on Friday next, and we shall then hear probably who wil get “hurt,” as Tweed epigrammatically terms it. JOHNSON AND WOOD ROTH STILL. LIVING. In the meantime, notwithstanding the sangul- nary aspect of the debate, especially between John- son and Wood, nobody has been hurt yet, no blood has been spilled, pistols have not been demanded and coffee is drunk only in peace and comfert. Both gentiemen room at Congress Hall, and a lively anticipation of a duel has been-prevalent among all the frequenters of the hotel. Johnson has been the recipient of @ number of Kind offers to stand second for him tm the coming engagement; but he has accepted the services of only Geaeral Bateheller, with the promise tha®in case of a hostile meeting he may substitute Batcheller for himself. It is doubtful whether this is entirely satiaiactory to Batcheller, The only other business of importance or interest in the Senate was the s PASSAGE OF THE COMMON SCHOOL BILL by @ strict ag 8 vote—Messrs, Cock, Johnson, Lord, Scoresby and Tiemann, ali the democrats present, alone voting against it. THE CHARTER COMMITTEE Was in session to-night, all the members ofthe com- mittee being present except Weismann, who re- mains home with a swelled face. They progressed to the 124th section, the next to the last, and to-morrow they will cursorily review the work done and will be able most prebably to report it on Thursday. No further werk has been done on the twenty-fifth section, no ays Woodin—has ‘Thurlow Weed been near the committee. Daven- port has, however, having made his appearance again to-day, prim and persistent, 9s usuaal, and was present in Wodin’s room as soon as the com- mittee adjourned, RAPID TRANSIT. By a railroad bill, which is likely to come up for consideration to-day in the Assembly, Brooklyn is to have better facilities tor transit in the eastern section of the Lady agin ward. The Committee on Railroads heard the final argument in favor of this bill on Thursday last, and it will Beran be favorably reported. It provides for a railroad to run trom Cypress Hill, through Broadway, Green avenue De Kalb avenne, Vanderbilt avenue, Washington and Grand streets, and Fulton street to the ferry. The residents of the eastern section of the Twenty- | first ward have long been anxiously seeking fer | this new line of cars, as they have suffered much | inconvenience from want of seme more rapid means of travel than they have had. BXEMPTION OF BONDS AND MORTGAGES. In the Assembly to-night the House went into Committee on Special Order, being a bill to exempt bonds and mortgages from taxation. Mr. Prince's amendment race te operation of the bill to the counties of New York, bth 8, Queens, Rich- mond and Westchester was pending. He had con- sented to amend his amendment by making it read that bonds and mortgages shail be exempt from taxation in the counties except for State pur- oses. Messrs. Prince and Carey advocated the bill. jessrs, Grifin and Kennedy and Bacheller opposed it. Mr. Sylvester moved @ substitute for the bill, providing that no mortgage shall be taxed, but ‘that all interest due on mortgages shall be paid to the tax receiver. He sustained his motion at length. Mr. Husted ralsed a poiat of order, that the substitute could not now be entertained, which was sustained by the Chair, The committee then reported progress, and the bill was made the spe- lg] order for Thursday morning next, THE ERIE INVESTIGATION. Attorney General Bar- low Volunteers. Ten Thousand Dollars Placed in His Hands by Stockholders. The Same Amount Paid by the Erie Railway Directors. . e | Was the Money Twice Paid, and to Whom? A FORGOTTEN FEE OF $2,000. More About the Alleged Legisla- tive Corruption Fund. A $25,000 JOB IN NEW JERSEY. Was the Erie Dividend Earned by the Road? Some Useful Hints for the Investi- gating Committee. — ALBANY, March 18, 1873. ATTORNEY GENERAL BARLOW TO THE FRONT. ‘The statement of Attorney General Barlow, made before the Erie Investigating Committee to-day, has occasioned much discussion here in quarters fully posted on all the transactions connected with the present management of that corporation. The Attorney General denies that he ever received any money from the Erie Raliroad Company through its Board of Directors, but that the amounts which were placed in Nis hands came from the English and other stockholders direct, He also announces that he refused any compensation for his own ser- vices; that he simply acted as a disbursing agent for the stockholders, retaining and paying counsel, &c., and that on closing the account after the coup which ousted the old directors, he returned: to the agent of the stockholders.the balance then remain: ing in his hands, WHO HAS BEEN CHEATED IN THE MATTER? Of course I am bound to accept the Attorney General’s statement as correct, but I am in pos- session of certain facts which prove conclusively that all the money admitted by Attorney General Barlow to have been advanced to him, and other money alleged to have been paid to him, have actually been claimed and paid by the present Board of Directers of the Erie Railway. First, I have been shown the copy of a voucher or account of moneys paid by resolution of the Board to indi- viduals “for their services and expenses in the contest to wrest from the recent managers the control” of the road, in which voucher appears first the name of Franeis E. Barlow, Attorney General, $10,000, This voucher amounts to $59,632 19, and interest is added of $526 40, The whole amount was paid as follows:—Cash, $30,000; bills dated April @, 1872, two at sixty days each, $5,000 41; two at ninety days, each $5,089 18; one at 120 days for $5,117 95, and one at 120 days for $4,741 46—making in all the tetal amount, with interest added, of $60,158 59. This amount was paid to Daniel KE. Sickles, per S. L. M. Barlow, and was receipted for by the latter gentleman. ANOTHER TWO THOUSAND DOLLAR IEE. Next I have been shown # voucher of the Erie Railway Company, as follows: Rattway CommmAXxPonrarion. ‘ie Railway Comparty. = Ho Daxter, G. Stcxuns. Dr. Business address.) For. Dollars. Cents, Disbursements to the several indi- viduals nared below tor their ser- Fices and expenses in the contest to secure the stockholders the control of the road, payment of 2 the same having been authorized mes, by the Board. Sepa rancis C, Barlow, Attorney Gen- =. eral ‘ $2,009 00 2Esa John 3 ean a John Eo Albert Stickney. aa cs Approved-—Amount correct as per vote of Board. N. A. OTIS, ___, Auditing Committee. Date—April 12, 1872, Received of the Erie Railway Company the sum of ten thousand five hundred dollars in full for the above account. D. E, SICKLES, $10,500, per 8, L. M. B. A CASE FOR THE ATTORNEY GENERAL'S INVBSTIGA- TION. Now ,here is evidently a case for the Attorney General’s investigation, A present member of the Erie direction, who was also a member of the old Board, informs me that no money paid out on either of the above vouchers has been at any time returned to the treasury of the Erie Railway Com- pany, to his knowledge, and he adds that he should have certainly known of the fact nad any amount, large or small, been so returned. It is evident, therefore, first, that if the $10,000 received by the Attorney General was paid by the English stock- holders through Messrs. Bischoffsheim and Gold- schmidt, it was also paid by the present Board of Di- rectors of the Erie Railway Company, and hetide must have been twice paid by the latter, since the Board has also reimbursed to Bischoffsheim and Goldschmidt the gross amount of money advanced by them. The second amount of $2,000, paid on April 12, seems to have escaped the Attorney Gen- eral’s recommendation, and it appears singular that it should have been paid out to the Attorney General just at the time the Attorney Genera} paid back to the agent of Bischotfsheim the unex- ended balance of $3,500. I offer these facts to eneral Barlow in order that he may inquire into the matter, But this is mainly a personal affair, the more important business of the Committee of Investigation being: to inquire inte the alleged CORRUPTION OF LEGISLATURES BY THE ERIE BOARD. In this connection I may state, on tne same au thority from which I have received the above infor- mation, that Messrs. Diven and Archer, of the Erie Directors, will probably be the most useful wit- nesses to summon before the committee, the former ean having, on certain occastons, appeared to be conversant with some of the facts in regard to the resolution to pay the $30,000 alluded to in my letter of yesterday. As the ex- Senator has n0t approved of the recent manage- ment ‘of the company’s affairs, and has resigned his position of Vice President, it is likely that he will be prepared to give evidence in the matter without the embarrassment attending the testi- mony of an officer of the company. A NEW JERSEY PLUM FROM ERIE, In this connection it may not be uninteresting to ‘our neighbors on the other side of the North River to examine the following voucher, which re- lates to the State of New Jersey :— TRAN! Erle Railway Company. ‘to Roseer F. Srockrox. Dr. 1872, Dollars. Cents, April, | For— . The following amount on account. 38 of legal expenses. 325,000 00 BES | Abprovea, stad A. & DIV 3 ges ache LA wa, uditing Committee. pasa Received of the Erie Railway Company s the sum of twenty-five thousand dollars ib I full for the above account. a KR. F, STOCKTON, a $25,000. Endorsed: Treasurer's office, paid April 4, 1872, Erie Railway Company. Of course I have no comments to make on the above item, The State of New Jersey will better judge than I can for what services the amount of $25,000 were paid, HOW THE DIVIDEND WAS PAID. Another interesting point in the Investigating Committee's task will be to ascertain in what man- ner the money was raised to pay the recent divi- dends declared on the Peon and common stock of the company. In this inquiry, which closely af- fects both the stockholders and the company, they will probably obtain some valuable information from Messes, John Taylor Johnson, of the New Jer- sey Centr George Talbot Cyppens, of the Dela- ware Canal Company; John V. L. Pruyn, of this city, and Mr. Babcock, of the firm of Babcoek & Brothers, bankers, of New York. These gentlemen, as Directors of the Erie Ogg a protested stro! inst the payment of the dividend. Why did they do sof They are amongst the be: and the most experienced men on the present Board, and they Certainly would not have been instiged NEW YORK HERALD, WEDNESDAY, MARCH 19, 1873—-TRIPLE SHEET. ‘in refusing the stockholders a dividend if one had been fairly earned. Their opposition was only proper if the dividend was a fraud, designed either ‘to inflate the stock or to gain a false reputation for the directors for efficient management. They will no doubt he very happy to explain a course of action which other members of the Board have represented to have been induced by a secret de- sire to deprive-the road of the rare credit of pay- ing 4 dividend on its common stock, I have heard it hinted in this city by a director of Erie, since the Present session commenced, that the sympathy and interests of Mr. Pruyn were with the New York Central, and that neither Johnson, Olyphant or Babcoch had any honest love for Erie. I there- fore hope the committee will give these gentlemen = opportunity toexplain their position for them- selves, THE SURPLUS SIX MONTHS AGO, It is very certain that six months before the @ividend was deciared the whole surplus in the Erie Railway Treasury, after paying the dividend on the preferred stock, was $11,000 only. This is known to Messrs. Otis, Hilton, White and Lane, who Were on the old direction and are familiar with all the affairs of the road, To pay the recent dividend of three and a half per cent on the pre- ferred stock and one and three-quarters per cent on the common stock the road must have made a clear earning of $1,665,000, or they must have ob- tained the money with which to pay it from some illegitimate source. If they paid the dividend without earning it they certainly committed a fraud on the stockholders and on the public. Now it will probably be found by the Investigating Cem- mittee, if they make the inquiry, that under the esent management there is entered on the oks Of the company the FOULL CUARGE FOR TRANSPORTATION ON THEIR OWN SUFPLIES, This is, of course, a fictitious entry. It serves to swell the apparent receipts of the road on paper, but as no money can be received for the transpor- tation of the sunpies of the road it isin reality a deceptive entry, intended tomisiead the public by making the earnings appear larger than they really are. Itis stated that this plan was adopted im consequence of a decrease in the passenger re- ceipts, and was necessary to prevent the showing of & material falling off in the aggregate receipts; ‘but the truth or falsity of this report can be readily d by an examination of the books by an ex- the dividend recently paid was not hon- ly effrned it will be only an act of justice to the stockholders to ascertain how the money was raised and on whatterms. Ihave been informed that it came out of the new TEN MILLION DOLLAR LOAN : ‘on construction bonds, negotiated by Bischofsheim & Goldschmidt, and was advanced by those gentle- men, who desired that the dividend should be declared: first, to raise Erie stock in Engiana, and, next, to aid them in successfully putting on the market the six million and a quarter bonds of the New York, Boston and Montreal Railroad speculation. The English stockholders of Erie had been per- jaded that a reform in the Erie direction was Blone needed to insure the payment of large @ividends on the stock. If no dividend had been declared Bischoffsheim & Goldschmidt would have been discredited, As one was declared any stuf they might offer on the market was almost sure to be readily taken. As this English firm has already been liberally dealt with by the present Erie man- agement it will be well for the Investigating Com- inittee to dis whether the money to pay the dividend did in reality come from Bischoffsneim & Gold ud, it so, What remuneration, in the ape of mission or otherwise, they are to receiv A HINT FOR THE COMMITTEE, I have already intimated that the Assembly Com- mittee may elicit usetul and interesting testimony in regard to the payment of the 0,000 to the New York Central Raiiroad to reimburse that corpora- tion for money expended in Albany last Winter to defeat legislation inimical to the interests of the road, by summoning before them Messrs. Archer and A. 8, Diven, and that Messrs. Johnson, Oly- hant, Babcock and Pruyn may be abie to enlighten ie committee as.to the reasons for opposing the payment ef the recent dividend. I would now Bugyest that Messrs, Lane, Otis, White and Hilton May be found useful witnesses ‘on the subject of the general affairs and management of the com- any, since they were directors with the Jay Gould oard as well as being members of the pre Board. One of these gentiemen, at least, has aroeg his disapproval of much that is now done yy the Board, and has recently asserted that there Was a bigger “ring” in E new than when Jay Gould was making the stock the worst and the road the best in the country. The committee might also SUMMON PRESIDENT WATSON before them, and ascertain why, about the 6th or and may not be quiteexact in the date—he posi: tively asserted to a reporter of the HERALD, in an interview, that no dividend would be paid on Erie stock for five years. Who was “short” of Erie when this positive declaration was made by the President of the corporation? Who was “long” on Erie two months alterwards, when the divid- end was declared y And who ought to have known “What was goinz to take place better than the Pres- | ident of the Board of Directors? ‘These are inter- esting questions, one and all. The committee has to-day commenced its investigation, When and how will it end? PROCEEDINGS BEFORE THE COMMITTEE, Attorney General Barlow’s Statement— He Had Nothing to Do with the Erie Company and Accounts for the Stock- holders’ Money—Why He Would Not Take a Fee. ALBANY, March 18, 1873. The special committee of the Assembly to in- vestigate the Erie Railway matters met at nine o’clock this morning, in the rooms of the Assembly Judiciary Committee, on State street. There were present alessrs, Babcock, Lincoln, Carpenter, Op- dyke and Crary. WHY MR. BARLOW MAKES A STATEMENT. Attorney General Barlow appeared, and stated that, as mittee, he desired to be heard either as a wit- ness or in explanation of his conduct. Mr. Barlow citea chapter 151, Laws of 1870, by which actions to change the direction of railroads could be brought only by the Attorney General, and denied being retained by the Erie Railway in any way, or receiving, directly or indirectly, any com- pensation from the company. He had only done what the statute required him to do. The Heath and Raphael party of English stockholders were represented by Messrs, Evarts, Southmayd and Swan. THE SUIT WAS OF PRIVATE INTEREST. Mr. Barlow said that prior tg his term of oMce an action had been brought in the United States Courts, ag there were reasonable grounds to sus- pect frauds in the management of the Erie Kail- way. Ifthe complaint was of poor accommoda- tion, or anything like that, the suits were on the behalf of the public and of public interest, Suits for frauds weuld be of a private nature, of which the expense should be borne py the individuals or stockholders in interest. Gen- eral Sickles represented the Goldschmidt party of English stockholders, and Mr. Bar- low said to him that, as the matter was of } private i+terest, the expense should be borne by he stockholders. He also informed Mr. Sickles that for the better prosecution of the suit and the conducting of it he preferred to select and employ counsel, to be under his control and direction in the matter, and so more directly represent the people in the prosecution. Mr. Sickles consented to the proposition and offered personal compensa- tion to General Barlow, which was re!used—a com- pensation which, under section 434 ol, the Code, he could have received, but did not. THE MONEY THAT WAR PLACED IN BARLOW'S HANDS, On December 30, 1871, two days before the com- mencement of Barlow's term o1 office as Attorney General, Mr. Sickles wrote to him Dt yong | him to act as representing the interests of the English stockholders of the Bischoffsheim and Goldschmidt arty, and offering to place the sum of $10,000 in is hands for the purpose of prosecuting the action. General Barlow placed the original letter from Generai Sickles in the hands of the committee, and his reply to Sickles was also produced,. in which the proposition made by Mr. Sickles was accepted. In additian to the $10,000 named by Mr, Sickles and sent to Mr. Barlow in April, $20,000 more were placed in his hands, and it was from the Erie stockholders and not in any manner from the company. In April the change in the Erte management effected by Mr. Sickles was a surprise to Mr. Barlow, who saw that as Mr. Sickles then had his friends in office there would be no need of counsel or the suits which had been intended, About April 9, Mr. Barlow wrote to Mr. Sickles, desiring to close up the tunds in his hands, and stated that Mr. Smith, of counsel, would receive no additional compensation than the fee already paid him as retainer, Mr. Tre- main had been paid $3,500, and in consequence of his sickness Mr. Hale was compelled to do most of the work and should have additional compensation, the counsel in the case being Mr. Tremain, Mr. Smith and Mr, Hale. On the 9th ef April a letter was received from Mr. Sickles, the reading of which ‘was as fellows :— SICKLES OFFERS BARLOW A RETAINER, Westurnsren Horet, New York, April 9. Dear General Banvow: Alter adjusting matters with Speaker Smith apd Mr. Tremaln, I do not sce now that the case bas reach@ a conclusion, So far as the Attorney- General had a relation to the siockliolders I represented why you should not review and reconsider your refusal vo take @ special retainer trom us. None’ of the con- tingencies in which you hesitated have happened, and, of will exgard the balance fomaining in Your bunds a8 your will rej 0 ot Own fee and thus close the account. D. K. SIOKLES, BARLOW REFUSES MONEY AND EXPLAINS, Mr. Barlow, in reply, submitted a statement of the expenditures made by him, which, after inelad- ing several ttems of contingent expenses ie fa ments to counsel of $3,000 to Mr. Tremain, $3,500 to Mr. Hale, $1,500 to Mr. Southmayd and $600 to Mr. McFarlane, left a balance of $3,307, which was re- mitted by check to Mr. Sickles, in addition to the $12,000 received irom the Sickles party of English stockholders, Mr, Southm party sent $1,600, which was paid to Mr, Carter. In defence of his action in refusing to take any extra com- pensation ior bis services, General Barlow 6th of Octoher last—I write from recollection only, | his official acts had been criticized | with reference to the matter before the com- | | gained from him the following statement: cited the Laws of 1872, volume {f., on which the Attorney General was authorized to accept costs and to apply them to the expenditures of his office, accounting for the money so received to the Comp- troller at the end of the fiscal year. Regarding General Barlow’s connection with the Erie Rail- way, he desired it to be understood that he had no connection with any one other than the English stockholders, REGARDING MR, SMITH, ASSEMBLY, who was employed as counsel, it had been decided by General Barlow and his associate adviser that on accc unt ot the complexion of the judges then sitting in New York the venue of the case should be changed to Albany, and from previous connec- tion with the Ramsay suits against the Erie Rail- way Company and the Aibany and Susquehanna suits, the selection was made of Messrs, Smith, Tremain and Hall as the best men to be em- ployed as counsel in the case. The first conversa- tion with reference to their omplaaineDs took place in December, and as soon as Mr. Barlow went into office and the money had reached him to pay the expe: Mr. Smith was retained as counsel in the case on January 1, 1872, and only as to the liti- gation and net with reference to legislative action. A HITCH, Ataconference held in Albany on January 4, in which Messrs, Hale, Tremain, R. W, Peckham, Jr.y and Mr. Swan took part, it was noted that officers of railread committees who could be removed by sngemen’ could be suspended at the beginning of action against them for frand or malconduct in ofice, and that legislation to accomplish this would be necessary, a8 the repeal of the Erie Classification act would leave the present managers still in ofice. A bill was therefore prepared, and Messrs. Hale, Tremain and others argued it before the Ju- diciary Cemmittee. While the preparation of the bill in equity was going on inquiry into the con- tracts made by the oficers of the Erie road was instituted. It Was found necessary te procure a large amount of evidence, and General Sharpe was employed by Mr. Sickles, as also Mr. Seymour, for- merly a State engineer, te obtain the evidence. LITIGATION CASES. The reasons given by General Barlow fer the delay in the commencement of the Erie suits were that Mr, Southmayd had the charge of the drawing of the bill, and the object of the litigation being to remove the men then in office, it became necessary to have them suspended from office by legislative action, and, at the request of Mr. Southmayd, on THE SPEAKER OF THE the 8d of April, a suit was commenced by the service ef summens upon Jay Gould, Frederick A, Lane and upon the Erie Rail- way Company, by service upon General Dix, the President. ’Mr. Sickles did net like this, and the suits, at his request, were discontinued. The testimony given by General Barlow tended to show that the sudden change in the conduct of Mr. Sickles was consequent upon the sudden accession to power of his friends by means of the Sickles coup @état, and that Mr. Sickles had netified Bar- low that they kad already recovered over & million of dollars, and that they would recover more, No evidence of importance regarding Mr. Smith’s connection with the Erie Railway legisiation was elicited, but the impression that Mr. Smith had been spoken to.in the matter of being counsel by Mr. Kamsey and others before his employment by General Barlow was evident. At the close of General Barlow's testimony the committee went into executive session, and ad- journed to meet to-morrow morning, at nine priety of cross-examining G encral Barlow. CAR BANDITTI. pre Seda MEN Stier Murderous Attack on a Third Avenue Car—Two Men Wounded—Arrest of Mr. William Huke—A Visit to Bellevue Hospital— The Sixteenth Street Gang. At a few minutes past four o'clock yesterday morning another car outrage took place, in whic several shots were fired and two men wounded, one seriously and the other slightly. It appears that as car 156 of the Third avenue line was pro- ceeding up town @ man and woman entered the car and subsequently refused to pay their fares, and alter leaving the car the woman attacked the conductor and her companion fired several shots at him, one shot taking effect in his lip and another shooting @ looker-on in the foot, which it is feared he will lose. Mr. William Huke, a shoe- maker, of East Thirty-third street, was arrested yesterday on suspicion, but released on $1,500 bail. ‘The following is his story :— INTERVIEW WITH MR. WILLIAM HUKB. called upon Mr, William Huke, a well-to-de shoe- maker, residing at 336 East Thirty-third street, and “Last night | went toa social gathering, taking my wife and feur children with me, and accompanied some friends down town, after which we got into a car coming towards eur home, in Thirty-third street, The car was filled with people, all seated, including several members of the Sixty-ninth regiment, ana a couple of newspaper boys folding their papers for sale, and I lent a hand to one of them, On the road, a flashily dressed young fellow, looking more good as they might be, entered the car from the front platiorm, but none of us paid much attention to the pair, and we could not recognize them again. My wife noticed that the woman Was ex- travagantly dressed, aud Wore her air arranged with ringlets oyer her forehead. Shortly betore the car arrived at Fifteenth street a dispute oc- curred between the man just alluded to snd the car, and were about descending, when I heard loud and angry voices. Meanwhile the bell was pulled by somebody, and the ear eame to @ standstill, The next thing heard was a voice shouting, “Come down here,” and I imagined this was a challenge to the conductor to come down and fight. front door of the car was opened, and the driver gone (to heip the conductor, He had har got p length of the car when I heard several pistol shots fired in rapid succession.” Here the wie in- terrupted the story and said, “A great many of the people laid down in the car, thinking that shots called out to me to hold the reins, as he was rou ninth soldiers, I stood up with baby in my arms and screamed, not that that did any good, but I Was afraid that my husband would be killed. er will, and al- to state, I will, though I do not think it ne ted betore in day, but however, iis | I was never ari you, that the my lite. have heard is mere, hearsay, mind man who fired the pistol is @ member of the Six- teenth street gang. I was taken to Essex Market Police Court this alternoon and put undgr $1,500 bail to appear when called upon, and my” brother- in-law, Mr, Heizer, went my bail. commenced out of a ten cent dispute.” INTERVIEW WITH THR WOUNDED MAN. Through the kindness of Watden Brennan, a re- porter of the HeraLp went to Bellevue Hospital and saw John McGuire, aged eighteen, dealer in sawdust, who was confined in the prisoa depart- ment, next te the cell recently occupied by the murderer Simmons. The reason why McGuire is in this department ef the hospital is, that it was believed at first that he was an accessory to the shooting. At first he was disposed to be very reticent, and would not acknowledge his name, but admitted, on a second question being put to him, that he lived at 829 East Thirty-third street. n to @ bali of the Father 6, and was coming home at man and woman coming outof it, and I heard hersay she struck him, and at the sime time I heard pistol shots and I found myseif wounded in the foot. I think I was avout twelve feet from the car. The doctors have been werking at my foet to-day to get the ball out, but have not succeeded, This is all I know of the affair.” At this moment his mother came to pay him a visit, and told him, like a Job's comforter, that she had always disapproved of going, to balls and that he now saw what had hap- pened. WHAT THE CAR DRIVER, LORENZO SILAW, SAYS. Yesterday evening a visit was paid to Lorenzo Shaw, the car driver, to sec how lie had fared, but he said that he was not hurt and was able to re- sume his work. The conduetor, Philip Farley, Who was wounded in the nether lip by one of the shots, was not able to return to bis work yeste day, but will probably do so in a few days. OMe: Schenck, who is spoken of as very efiicient, an who arrested Mr. Huke, is under the belief that outrage than he is willing to confess; but this, it must be remembered, is mere supposition, MURDEROUS ASSAULT ON A CARTMAN, Last night Roundsman Luny and Officer Mulligan, of the Third sub-precinct, arrested William and Thomas Gillen, truck drivers, on a charge of com. Mitting a felonious assault on Denuis Wheeler, of Ne. 62 Nelson street. Wheeler, who is a cartman, was driving his cart on the Hamilton avenue car track, when the accused ordered bim to getoff, He refused and they then took one of the rungs from his cart and beat him over the head with it, in- juring him, it 18 said, ina fatal manner. He was removed to his home, The steamer Niagara, of the New York and Ber- muda line of mail steamers, reported some few days ago a8 missing, is detained at Bermuda in consequence of an accident to her machinery. ‘The steamer Albemarle will be despatched by the company On Saturday in the place Of the Niagara, o’clock, to consider in the meantime upon the pro- | Yesterday afterpoon a reporter of the HERALD | like a rowdy than a respectable individual, with | & woman, Whose morals I should think were not as | eonanctor, and they passed to the rear end of the | ‘the | would be poured in, including several of the Sixty- | If IT live 300 years | snall never forget those is? The husband then continued his ‘nis mo to my in. tense indignation, who had | been told by a fellow as shot in the foot and is now in Bellevue Hospital) that he | had heard me say, ‘Give it to him,’ which was an | unmitigated lie,’ and I cannot’ imagine what prompted him to make such a statement. I did hot know & single per: Inever have | this | Whole ailair | I saw a car standing still, anda | to the conductor, ‘I think — you —,’ and thereupon | McGuire knows more about the perpetrator of the | THE DOOMED CONVICT. Foster Failing in His Fore titude. How He Read the Governor’s Letter—He Criti- cises It, b ut It Kills His Hope—“I Only Struck Him Once’—The Jurors’ Last Appeal. William Foster, for whom but forty-eight hours of life remain, was visited yesterday, as usual, ip his cell by the few friends whom he censents to receive, and passed a day of comparative calm; at least it was an outward calm, and the world may never know how vast an ocean of thought rolled through his brain and billowed against his heart as memory pictured to him the erring past and imagination wrought before him in mystic outline the supernatural, shadowy future. The doomed man arose from his bed at about six o’clock, and shortly afterward partook sparingly ofa meal of light food which had been prepared for him by Mrs, Foster, the kind matronof the prison, Among HIS FIRST VISITORS were his wife ana Rev. Dr. Tyng. Shortly after Dr. Tyng’s arrival Foster read the morning papers, his attention being directed first, and in all probability exclusively, to Governor Dix’s letter stating the grounds upon which His Excellency denies to interpose his prerogative of clemency. Foster criticised the Governor’s letter very closely, and disputed some of its assertions, “There, you see,” said he, “he says I struck Put- nam two blows, but I only struck him once. I did net strike him a second time!’ And so the unhap- py man Went on to argue his hopeless ease when there was no tribunal to hear and his appeal had: alreacy passed ineffectual before the Thdgmens seats of men. The general impression to be gained from hearing him as he reviewed the Governor's: opinions was that he felt all hope to be gone and that the letter was the flat of his fate. Foster’s appetite has noticeably failed within the ast week, and since last Saturday and Sunday he a8 Apparently been SINKING IN PHYSICAL STRENGTH as well as in fortitude. The opinion expressed by officials about the Tombs—by those who see the man daily—is that he is failing so fast in nerve that some diMeulty may, perhaps, be experienced in carrying out the sentence on Friday. He is de- pressed in the extreme, and constant meditation upon the terrors of his position seems to be break- ing him down without his consciousness of the fact. On Saturday and Sunday he encouraged the hope in some degree that the final appeal te the Go | ernor which was alluded to in the HERALD of § | day, and which was presented yesterday to thi Governor by Judge Pierrepont, would have effect in his favor; but the Governor's close reasoning in his letter on the question of the VALIDITY OF THE PETITION of the jurors has almest dispeiled the last vestige of that hope. so Sherif Brennan and Warden Johnston each called upon the doomed man yesterday and con- | versed with him for a short time, and did the com- parative little that lay in their power to lilt | with words of kindness the cloud of gloom that hovers over his mind, and the prisoner’s brothers also were with him for several hours, ‘The special cards of admission to the prison is- sued by the Sheri! were yesterday furnished tothe press, a8 Well as to the physicians and oMecials Whose duty it is to be present at the final’scene on Friday. No definite sion has yet been an- nounced by the Sheriff aw to the hour at which the | execution will take place. A Novel Plea in Behalf of Foster—Seven Jurymen Acting on Second Thought. ALBANY, March 18, 1873, The following document was presented to Gov- ernor Dix to-day by Hon, Edwards Pierrepont :— City and County of New York, ss.—The People William Foster.—We do solemnly swear that we f William Foster; that the ie ‘e could never have been ob- tained but for the opinion which prevailed among the jurors that their w imous recommendation tomerey would insure the commutation of the sen- | tence to imprisonment for life, This terrible mis- take cannot be remedied now except by the Gov- ernor, We would do it if we had the power; but we have not, We earnestly appeal to you, therefore, the only person who can doit, to prevent a man from being put to death through an error of opimion on our part at the time of the trial. In doing this we do all we can to wash our hands of | Foster's blood, and we huinbly assure Your Excel- lJency that if the sentence be carried view of the circumstances which we now under oath lay before you, we shall never cease to look | upon it as an unjust punishment, which was not | contemplated by the jury in rendering the verdict. | \ | | ito effect in F. HOAGLAND. GEORGE K, CHASE, R. T., MARTIN, JAMES DANIEL, SAMUEL DOWDING, H. C. ROGERS. HENRY LEO. | . Sworn to this 15th day of March, 1873, before me, Apam Gos, Notary Public, New York county. | The Governor said he would give the document his most careful consideration, RAMPANT RUFFIANISM. “ Bia | A Young Lady Knocked Down and Robbed in Front of Her Own Resi- dence. | Last Sunday afternoon, about two o'clock, a | young lady, named Elinda A. Larsen, was standing | in the doorway of her residence, No. 9 Battery | place, when she was approached by a young ruf- | flan, named John Moloney, who threw his arms | around her as if to embrace her. Miss Lar- | sen repellea him at once and Moloney struck her on the neck and again on the stomach, knocking | her down, He then deliberately proceeded to | tile her pockets, He took $@ in money from her and also a gold ring. Although there were many persons passing at the ume Moloney Was quick enough to run if and escape capture, | Miss Larsen went to the station house and gave a | description of her assailant. He was arrested by | Officer William Flynn and arraigned before Judge | Dowling, in the Tombs Police Court, yesterday. | While the complaint was being taken a rather | elderly man pushed forward and said he was coun- selfor the defendant. Judge Dowling looked at the man for a moment and said :— | “What's your name, sir’ Trapp—Jobn H. Trapp, is it not?” Counsel—Yee, sir. Justice Dowling—Well, you had better get out of | here at once. You have already served one term in Sing Sing, and you can’t practise here, Mr. Trapp left the court room, looking very despondent, and his client had to seek tor other counsel. The prisoner was then fully committed for trial, | in deiauit of bail. FIRES YESTERDAY. Heed fire broke out at twenty minutes past one | o'clock yesterday morning in the four-story brick | building No. 290 West Eleventh street that caused | a damage of $500, The house beiongs to Michacl | McKeon, and is insured for $5,200 im the Columbia | and Girard insuranc ces. The fire occurred on | by Henry Kearney as a gro- the first floor, occup \ | | after the fire, arrived at the conclusion it was | caused by an overheated range in the adjoining | building, occupied by Joseph Hallock a¥ an oyster | saloon, A fire occurred at the same piace on Sep- | tember 3, 1870, from the same influence. | Ata quarter to three o'clock yesterday morning a fire occurred in the five story brick tenement | house 72 Division street, that caused a damage of $100. The fire was started by the exploding of @ | Kerosene lamp. William Peiansky, living on the | fourth floor, suifered a loss o1 $300; insuréd for 1, 200, ec overheated stove started a fire yesterday morning in the three story frame building 418 West Seventeenth street. No damage. Afire broke out at @ quarter past two o'clock yesterday morning at 164 Weoster street causing | adamage of $100. The house was occupied by a | Mrs. Rodgers. The exploding of a kerosene lamp ed \ A fire occurred at reene street yesterday that caused a damage to Cohn & Bromberry ef $300, | They are insured in the Westchester for $2,000, | Afive ocourred yesterday ears in the four story brick building tn the rear of 47 Crosby street; | damiage of $100. | Atire occurred yesterday afternoon in the base- | ment of the brick building 57 Bayard street, occu- | pied by Solomon Frank as & dwelling, that caused a damage of $100. | Ata quarter to four o'clock yesterday afternoon a fire took place in the four story brick building 623 Eighth avenue. Damage $50. The flames broke | out inthe fourth floor, occupied by Henry Taylor as a residence, A_ horse belonging to Edwin Ferris, of 183 Wash- ington street, was burned to death yesterday al- terneon by @ pot of tar, in front of & West street. ‘The animal kicked it over, while standing close to Soon” it blazed up. Mr. Ferris values bis horse at A fire broke out last evening at 610 East Six- ie nth street that caused a damage of $60. It is supposed to be a case of arson. OMicer Hawksey, of the Fire Marshal's Office, is investigating 1t. . AOGOIDENTALLY SHOT. Martin Grasmuch, aged seventeen, of 11 Prince Street, was accidentally shot in the left side and Seriously injured last night by a pistol falling from his pocket on the floor of his residence. He was taken to the Fourteenth precinct station house and sent to Bellevue Hosvitab | cery store. Damage to stock $5,000, Insured for $3,000 in the Columbia, Officer’ Hawkey, of the Fire Marshal's office, upon examining the premises