The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-12-14
TIE GREAT FRENCH RAILROAD CASE.
Discharge OF Madame Friicate Debud ssd
Eugene GsclcG.
SUPREME COURr~-SrHCiAL Thhh.
Before Bon. Judge Davies.

Charles Carpenter Lofts 0yetet Eugene Greid, Au0use
PGc FsI,css De6ud and Gseyrin--The complain In
this sets two asunc. and separate OF
action. The first thai the plaintiffs being an iaoorpo
ration created by the law Of empire OF France doing
business therein had In their employ about the 2on
OF August last the defendants Carpeniief and Louis
Grelet the form ca ner and the later ~ under
cashier that suoh they had socess 70 he bonds
bills shares OF stock ana other valuable things belonging
10 the plaintiffs, Deposited with nem snat Tue SAID
Carpenter and Gee.et. while aiurs IN such naucsry
capacity with The aid ana AssAaee y ne ae'eaa
ants absrsctec from the vsds 81 sad plaintiffs aud SOLD
converted their use 94 enares OF the stock
OF the ssis plaintiffs and lie same INTO money
md with large portion there b. secretly de-
putet rom empire rrance and hed 70 toe Upied
Ssates sctG OF escn share Of SAID STOCK
was about the OF ouu fret collars and me ain
sr claimed by of the SAID acts OF the said
defendants they mad o~sn osnni1sd 70 tue sum
further eause q acuoo toe plaintiffs allees that
the sAd Carpenter 1rcbt, beng sncn officers
AID sotrE IN such ncuc,af, csP.csy With the AID and
assistance OF ihs oiber enuaos Did focnolsy en-
bezxe the said s47 star' " stock and the coupons At
tAched and old nnlusly '.ao she same, ana DID con
ceA remove AND oh pose Ter OF so thai the same can
mot be iouno, or taker tnv said nets with the in
tent that the should t bs 80 icuna o. sax sn aud
with the to de plaintiffs o. the benefit
thereof Upon aAdavis ssapg tne-e facts order Of
arrest made, sutaorsee toe arrest Of all the de
PENDANTS, and oy virtue u ney have been arrested,
exoeps the defends Sue ha never come to the
United states. H. ersed 10 London by the PARIS
officials and rasken 10 si.r motion Is noH made
and Debod, 70 late sai oror Oh the GROUND tnst u
mp ovidenty grspte sc thst ina issu set forth
B. GsIbr attn and Jao rawpsheud for the motion; ].
Morrogh ex Rtcoroer n.Hu AID Mcheoo, Untst STATS
District Attorney, in op1o IN
DAVIS. Jusuce.--Es ulosnl IA this case has been
deliberately ana aDs rsued and The magnitude OF
the amount involved al toe very general aon
which the has 81 have LED me TO very care
full consideration Of the aod more critical exsmt
nation Of the sutnO pies clted than Is usual in
motions OF tnu character ! therefore, been
n or 3 defendant
Feiicite Deoud, on Ne ground tnat sne being
q female could not be ssr-s,ea or the matters CON
planned of. This Cou be- Argument tnst tns fscts
showed that the acts lsneo OF we're wiiui injury
10 properly ana suca authorized the arrest oil female
the behalf OF the ns'apdo,s making his motion that
the plaintiffs have ru.'A by their acs and
that therefore e .ctioa exists against tnen
This argument eonceoes tie tstn OF toe siesA Of the
compliant SUB 81 ser lie u the code declares that
the may be rfbied IN an action for the re
oovery OF damages ior ~tr0g'uiy tsEing oeAining Or
converting properly SD u ZANE section authorizes
the ares, OF part 10 IGN for property On oezzied
or frauduorty dsappb,a . one officer or agent OF
corporation IN the 4 empoy men, such, or
by any aeett or Other ,e,son acting Ia dcucAry ca
pscty By this .reG..4 IL h. d.fene auu admit tae
takrg detention ard o,nseniou. alleged In com.
pnin and The oeienoArt LOUIS nteiet - mis thai wne
acting this rouciry sacs a. took AID converted 10
hts the share OF the ptaint,hs with
the coupons alta ,hod alu sold and dsp1seo o. tbs
same and received The sruceeoa sereof Inc plaintiffs
ailege these taken iooged 20
them dero~lten sin Tor safe kes nag II
the shares bsaT ged 20 ~ sf toey seFe the
Why the taking. oetsnaen a. conversion and the en-
bezzeuent and sac tbs o. arc no' An injury TO the
pianufs Certainly u ems % me taai the arfAiinfa
agent CANNOT be pefmuec - sa, after 10 aAs reazed
the irus Of his ne,iIcp. ncy thai tree IL u, have
taken srd cispusei 4 lne snucs of socx Of the
plaintiffs, ard rsshzc4 tao rooceeds there
or but / aid il Ouaer saca circunis;auce that no
legal liability ~ cre.eo cam nsae AGAINST me
Tor the property tbus sscl Ic.a suise such
position q sus tanned IN airy pfln
cipe law. The piauins rave been deprive, ~ the
fraudulent act OF roe oe" ants Of what tnay ella n 70
49, NJ ha a0i
the grout rta tnsr tuent asu have conferred
no title upcn tie pes.pt @An.rs and holders OF those
shares and that n.rsiose, plainsns are no. osma
Ted The Plan uis iu'nrr ssy o; iaese snSres we're
owned BY them, o.p S3cd with them for safe
ksep'ss Does feo&, thus cepossed tbs, the
Plaintiffs have srsi. LIuty Dy tre absracton and
tmoeszlerIert 10 m ., fas ot.epdaart The pantf.
Aege tha; they have st ned soch rjory and no fact
shown b. tbe c'snaess Wi roatrovera this pos,
ton. AN. .sslso Ia the CONCLUSION In no
tbn branch o. scnecs that a. such shares
OF stock were Jtros'fsr the plaintiffs and sken
and disposed a. b. he acfeo ants, tbeg ceposed
With the plant rs md eooctons Ne you'll
make them respons b. q lie owners .reof for
OF lie ,sne, riafy wien ~ d loss had oeen
oocssoped By u Q acts 81 -. cmpio!es Of the plaintiffs.
" - rleD 'o ibe pUrF a. o. ns nocn, 10 say that
the pisntint sde a. shares AMI coupons taken
and cspver,d their per ~, ana claim the same -
such; ana lot ccnl.t - for the deies oAns, 10 my
Judgment as already uln sso 10 excu,pste themselves,
BY assuming toe goina 'oai heir acts are OIL 90 grave
thai the title shares has never been
changed Tho gecoud ~ action I. thai authorized
BY section 3o OF tbs coce o@ng action 70 recover
the poesesson Of pe-ssua property Tncre = no douot
that tins suosm1te fer to- feef heretofore obtained
In a sr'ian q repievr (Roherts - RAndsi sand.
TOT, Ctaopei vs. sxnner, r. Rep sSe Ia such a.,
ton ,he ceepdsri MAJ be arrested woen DO oss been
guilty Of sfrxud oorceslFg or d. posing OF tue pro
perry fer taking detention ccn versoa rhicn
&C ton 10 brought (Sdo 4 Eco irs Of the code 70
maintain this action u Is ROT essential tina. the pal M,
shouid be Toe o, 70. property taken, detained
and cow, rtsd batec trustee, or any other person
Who responsible 10 b, p-rrcpal may maintain tue &C
Iac,, ssissncc Of rroeeriy (Es.Sds IN Bagmra,s ..
90; FAnsherce browr rs wend 6S Q Barr Pr ., ..
shs.e shares she,aer a. esnor. or a. S.es osa mss
tain this sc,on TO recover Tho property taken octansd
and convred and 81 far A. the de tAnS are oouc rnsd
are 70 be treated ~ owners thereof Arc the fsct u,ou
which tho order Of arrest issued isioutiy ests
blsbed 10 authorize ~ r.tentob In my Jadgms nt they
gene Greet and rsbcne Deoua In reference
TO CaTperter may be sad be does not cpn-
,s. Z. ,s men .,sa ,s,a nm 81 ocu,rsso,
letter IN he haDo ~rlDs has bon produced, showing
mot corcusivsy hts oompsc'y In these transactions,
his oonduct 10 tnsIrd upon hmsef and sids circle
Of moet attached and p~otaole fnds and knoret.
that be go an active psrucp.tor Of the frauds
ted upen he plaintiffs 10 inb etter be says nv
afshs hsd nos otea n csofdcr oooasoned ~ TIE pay
meni 10 cab on Ire COG ot, twice gold OF me shares
sold should bsv len or ei 10 have settled NJ be chose
they would have vreytsc BIN or be would nave I'D,
cared huc /" Fon the sbdsvt Of n. Jus,e hsln q 40
pears short the N Of sepsemb.r last he hal
. ccpve-sst,on with Louis Circle, aud Auguste Parrot In
vhi:h Louis 6-slr, told The robbery q a por.
ton Of saio shares bad been committed oy tho sail
Gaerfin tut at he largest potion by sad Grelst and
Carpenkr, ard hat ssld ss.es we're aosuscied from
time time from ne chest Il the said compsny, wuicu
foe IN Paris and that said shares had the
coupons aasohsd. hat 'he iasit vas committed 81
taking out removing panel ov board from the upper
part OF the ehrt whch he shares and ooupons
deposiied That The books Of The company would be
found 10 be irregular be tsd paid dividends on the
said stook twice. The true owner, aod once 70 the
pcrsca 70 vhom he or Cspen,ieS had sold the socE,
and that this was the case In many instances Louis
Grelet In this oonversstop into many details ~
70 The Of perperanra these frauds BY Csrpen
Ter and himself and the mems resortet 70 by them
10 detection. Tnsf tn the aame ston,
aev Grelkt had made t1ese staten en0 In relauon 70
these frsuds committed upon no plaintiffs, the said Au
gntA Parrot stated W NJ heiin IN the presence Of SAID
Lcuh est thai he earot also guilty and also said
Tiers forgery In The bss 10 which Louis Greiet
rcpnxd: 'Ohi no 10 only emoezz emeut;' and 70
WHICH said Parrot answered "0bi yes | hnos there n
fovssvyv Emsnuei renander, the agent for the ain.
una makes afdavft that raid Louis grelet sncs his
rst m the city Of New York has told him oat be sad
Icuis Grelet and said Carpenter and Gueyrn. bad
bcsyed b7 shares Of the sad capital stccx OF the rsd
company the coupops thereof snd he described 70
the anant The manner IN which tne certhcates were
stolen and the shares dhposed Of and 70 What exelt he