New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-12-12

Gl r flHittr tili Nltu Alil
lbs rsiorn Orlcu fardr testified taai he had been fyo
Sbly imprsd R Nh Beuueit who had pcchasei bonds ton
cg a sot gosN eS PS9 20 5dS ssG lg ly P i NJ
ne peoa'iOn Of Guiding Ont gbra me lived in 9Peef9r
p1ff oi No city. Mf Robinson 700 testhc' thu When tho
MI. r,ne 10 him on Che Jat htjas protested DC thought
erett woul o right and mo' have sad 30 ="
tsm TIE da was ie,gtod 25ia ina IRON Sl'I crse
was in o habit OF getting and which a. II appeucd wIS
from o. 1d 60 another II Judged when tcy weIc opened
by tho Shciil, that emmett had Teen s~indier .,.
The plsins claim t th'y were induced 10 bny 'h pos
da through he false cRe eulatons OF me d9ieNA' '-''
thui theg were therefore hpmc or the amount ,,
The Cont charged that there must have boon false rc4
tatons decoda loss OF money through reliance on mos sa
last were oonceded second deceit that on when te
jury were 20 pass and tins miset he iss 'a''''"' o.
sd c6a t directed s saci ve IGs A''
l.efasr Mr. Justice MAspN
aCIT TOR los OF A LEe tAGAISsT A CITY RAILROAD
COMPANY.
Caroline cztord sg The broadway and Se9cnihsVo' ka'i'
road Company. ,...a -
This case previously reported andJin which plaintiff sned
defendants for ZOO for the loss OF her leg when sue
cars was summed up Md given TO the jury yesterday fy
being unable agree mp 20 the time Of the adjournment OF INC
Court were directed 20 bring IN scaled verde. us Hoi"f
THE DOwNIE1LLE GOLD STOCK MATTER-A CORNER THAT
WAS NO coESER-ALLfaED FRAUD ON TUE fANI w
STOCKHOLDERS.
james Fisk Sons agt j. G. Riley T. A "he''er anu o. y
The pan in tile case sue to rccoys ;e 700 Their story
is embodied IN thc affidavit Of William pcidc one e sHe a
tif wic te defendants were arrested aau Oh "0 'A'
On Nov Wheeler brought him 5000 shares DCwnSylS
gold stock hcuSelug at = q share sinai ne sia &c own" t
az o h iiG 3SS Sa so paacc 9 OoS and
for 6es II S SoqSd + al 0i and ad contracts for de-
rery M linn on col OO shares sloIt" stock bcsidCSthat Is
5o:s 1S i 59 9 S Gin q NoSe sG and paid for
hafes Tor him e7O1, that these re- esentaons were
se7 hat lie did not own the stock il is nOw for sale at 81
and il il dnier 10 ge that sum loI IT, that Wheeler knew it
Jefsont bs, since isca dat Wheeler acted fohc in
Qf that fes have made nuinitf OF
oas andsw Riley aSAeoviedges tngt tey know, %
made that ihc stock could longer be sold at price thai
would At approoch nc advance and it was impossible of
Wheeler now moves to discharge the order Of arrest on
odayiis setting up substantially that he was IN dslenda
lie proposed on November to deposit with painnH, Vn
shares ofop Neville stockas MARCIA they to sell other
e. STARE he did not tel cdcn he owned Che stock on,
that the pool who were operating N II m M
the whole fit which he said on ies authority anu sun DC
ovcs: Plaintiffs accepted the offer and he made written CON
viii them authorizing them 70 sell the stock he to Keep
his margin good which he DID ml his arrest tAa' on
de deposited 900 shares Of the same stock and received from
hc due the 7th be believes the stock woG nave brought
enough TO it, did not say the stock could not go do"
that Nov he directed Plaintiffs 10 purchase on h' aec
1000 shares OF the stock which they dd That nc pcVes
could have sold The entire stock before salt brought for enc
ocoyer their whole ADVANCE that pc never ~
he knew the morning OF Nov before he got advances th1
II was impossible for them to maintain ,c nase prioe o. u,
guage 10 him and said he should never leave jul m he Pre-
and the defendant liaIroit on the On ON anu ~. =,
did control shaTes to the amount g The entire eap' SOC o'
tho company and denies the admissions alleged 10 lave been
made BY him on the 6tt November
In reply 10 these adays aud others broue! TO support
them MIR Bedcn that the afternoon Nor the stock
down "a and 30 cOntseand ~ the 2t had fallen to IA
cents, that Whcaeneyct spoke OF po or OF agency! pnt
and thahcre has over Of IOO0 shares of the
stock Other afEdays read in support Of this and
" On SrdnTi1s Mr. Bde Field id az counsel for plain
tits cOnended that tho Pae show clearly that Wheeler sele
that Wheeler employed by Riley as On agent
and acted for him in the transactions 6gt neither
peiy that they never knew o. supposed that Whcrer was
acting an agent until after the oanswere aae and eior
Riley are liable 70 thanthS that the raadnent fePrsena
responsible for them that the papers show general scheme
devised by Riley and Harro 10 raise money upon thus s'ock T
portion of which they secretly supplied themselves
by fraudulent over-issne and by borrowing upon
the stock amount FAR exceeding It's real value
that they have obtained upon tho o'crissue alone up
ward of SOO) that IN this scheme part assigned 20
Wheeler which he carried out that his dealing the
Riley during period Of three months and his repre-
sentotons which actually false and his obtaining similar
was familiar with the entire device oversue and all that
Wheeler in his evidence that when he gave The
Rlcvs stock aud Riley admits he negotiated and got the
money upon Of the fraudulent oyesues bat declines to
eucdatc the matter further lest he may criminaie himself
The counsel for the defendant contendcd that Il was but m
ordinary corner operation and that Wheefr ow 20 n.e
been merely acting as agent Riley coming forward !" eeaf
Tie Court reserved its decision
Before Mr. Justice SUTHERLAND.
DECISIONS.
The Second Avenue Railroad Co. lGrst action agt. The
Blecckerst aud Fulton Ferry Railroad CoMotion granted.
with $40 costs defendant abide the event OF the action
The Same a The Same second actionrhe same In the
matter of tic petition OF Laura Reconsideration must be
without ~ the matter Of the application
OF Mortimer Livingston al for removal &C. OF trustee &c
The motion for stay until motion BE- made 30 Court
Of Appeals is grancd the other part Of the molten IS denied
without costs to either party.
Before BARNARD, j.
Robert Campbell ngt.Elisia H. Sackett.--Moon denied
Sondfori n Order settled Robert s. Livingston
agt Tho Mayor of New rk-Moon" granted. CIRCUIT
C4sFs William Kelly agt John Atwcl.-MotOn denied
Edwnfd Del Benco agt Theodore Easman-Verdict for
plaintiff
OsgOOd OCT Gyen.-Judgment for the defendant on the
demurrer the fourth Of ac,lon with icuNe 10 the
plaintiff 10 amend within 20 days payment s costs Ofhc
demurrer Mcintyre ngt Fcl.Iudgment for plaintiff on
the demurrer with leave 10 the 6ondantO answer within ~
days1on payment Of the costs.