The New York herald., 1868-03-15


Mr.. skidmore, both Of whom appeared voluntarily,
we can accept nominal bail, fixed at 500. In the
case OF the others, who have escaped bail will be set
Mr.. Fuerton-The certificates OF stock, If your
Honor please, which are now aioat upon the market
are all signed by Mr. Diven. Now, II that be so, sir,
1t is very serious matter.
Mr.: Field desired to know what authority there
But before any order is made in this he wished
TO file his objections which he wished TO have incor
pOrated in the order just read.
The court did not think that Mr. Fields objections
should be incorporated IN the order of the court,
they did not form any part Of the ORDER but were ex
ceptions taken TO the proceedings.
Mr. Field here read his oojeclions and said ad.
dressing the court, That is al true you aware,
sirn
Judge Barnard-It is true, sir, that the objections
have been made, but not that have any interest
the stock. suppressed laughter.)
Horace +. Clark-We object, may 1t please the
court to the mutation OF our order by the enlbodl
menL OF these objections
Mr. Feld-Our order Our order does the gentle
man says Is this your order or the order of the
courtl I submit that have right to have these
objections filed. But primarily ! insist that this
whole proceeding void that IL is good for nothing,
and that every one is liable TO arreswho takes part
The COURT think, Mr. Field that If you will re-
fleet In regard to your own practice there is
nothing unusual In this course. have never known
such thing to be Incorporated in an order. will
give Mr.. Field separate order.
Mr. Field-Well, sir, that will do, and add to the
other order the words 1.-THE court thereafter made the
following order" rE
Mr.. Fueron-Now let us have a fair understands
the regular practice, but tell but what that
order intends to reflect upon the justice before whom
this proceeding Is taken.
Mr.. Field-Oh 1t Is not In any way essential here in
the matter OF making framing this order, that the
judge is interested in the litigation.
Judge barnard here dictated the closing sentences
OF Mr. fleld's objections beginning with the words
"the Judge disclaming,n &c. The order and objec.
tons, as amended and modified, were then read as
fOows:-
The People OF the State OF Ne,o York Us. Alexander
s. Dipen.-The plantins moving this day to proceed
Qtrail no
defendant for an alleged violation Of injunction,
It was objected that the motion for attach
tion Of this court, and, therefore, that
further proceedings should be had, which
the Judge now sitting could not hear and decide On
the questions upon the attachment, because he was
party 70 another suit, beng part OF this general
claiming that he ever had any interest In this litiga
ton, or that he was ever interested N the slightest
degree either directly or indirectly, remotely
tingenty, in the Erie stock any other Stock or
ever has been and thereafter order was made OF
AT a special term OF the supreme Court Of the
State OF New York, held a. the City Hail, city and
year 1868, present Hon George Barnard, one Of the
The People or the state or Ne1o Fork u.s. Alexander.
s: Dtren, defend1nt.- Defendant, being charged
with contempt OF court and violating an order
preme Court, wherein the people Of the State Of
New York are plaintins and the Erie Rail-
Others Of sad company are and On the the
% day of March, ls6S, writ OF attachment d.
rected to the Sherf OF this county, having issued
against him, returnabe this 14th day Of March in
slant; and whereupon the said Sherin has returned
that he has attached the said defendant Diven and
has him In custody before the c0urt and the said
defendant Diven being by virtue Of said attach
ment, brought . prisoner before the court, and de-
nying that ne Is guilty OF the misconduct charged
as Aforesaid against him.
Now 1t is, on motion Of Marshall B. Champn,
Attorney General for the people Of the State Of New
York, ordered that the said plaintiff do before
the 18th. day OF March, 1863 forthwith hle In the
office OF the clerk Of this court nterrogatories spec
flying the facts and circumstances charged against
the said defendant Diven, and that they
copy nersSf upon %S the said defend
aeendan % do put IN aHa Written a answers e Saia 10
such interrogatorles upon oath, and file the
same with the said clerk or before the 2lst day
instant, and 1t Is further ordered that the said de-
fendant appear before this court in the City Hall,
New York city, on the 2lst instant, at A. NJ, TO
and in the meantime that said defendant be dis
charged on giving bail In the sum Of 800 TO appear
on the said 2lst day OF March, 1868, at ten o'clock
A. NJ, and do there abide the further order OF this
court in the premises.
The order was duly entered in this form.
Mr.. Clark-May IL please your Honor, there are
some further proceedings pending in the matter Of
the petition OF the Attorney General and the injunc-
ton suspendng Mr.. Drew but 1t Is not very material
that those matters be heard just now until after the
decision OF the case now before the court. But
understand that they intend urge the same obec-
tions in those cases. We have no objection that
they now stand over until future time.
There hers, Is, however, another mot matter, which
prepare an application to the court for
order appointing receiver OF property. amounting
TO several millions Of dollars Of stock which the par
ties have issued In violation OF this Injunction. We
PROPOSE upon papers setting out all the and
history Of TINS sonsro1ersy and the violation Of your
all the money that may be found and which has been
realized In this iniquitous undertaking.
Mr.. Rapao--i have an order TO show cause made
in the acton brought by Richard Schell, which
not restrained by the Injunction granted by
junction granted by Judge Gilbert he granted that
Injunction in ignorance Of the real facts which were
TO q great extent suppressed when the application
was made to aim. These moneys have gone into the
hands Of various parties, some OF whom bona Hde
holders, and 1t is necessary that action should
be taken In order to prevent their being disguised
that they cannot be recovered.
Mr.. Clark-As there is no appearance OF the defend
ants we are unable to serve them with order to
Mr. Rapalo-we propose, however II the court
please, to serve copies on the directors here present
and upon counsel IN this court, and that is the best
service can make.
Mr.. fied-This is an er parte application, let it be
The worse you make the case the better It will be IN
the end.
returnable on Monday morning.
The Court do not think IL Is necessary to walt
until Monday morning. You had better have 1t made
Mr.. Ciark-we ask that that paper the order TO
show cause) be served upon Mr.. Diven. who is now
Mr. Diven had been sitting moment before and
looked astonished also; Mr.: piven was not to be
Seen.1 Is Mr.. owen tD court, or mas he gone into
New Jersey asos tLaughter.)
Mr.. Field-That Is rather an extraordinary ques
tion. Mr.. Diven IL gentleman without superior
In the state and think that there is no occasion
offered here TO make any impuaton against him.
Mr.. Clark--There is another one OF the directors
here in court Mr.. Skidmore want paper served
on him.
Mr. Field-I cannot see that there is any need for
making this mputation against Mr. Dven.
Mr.. Clark-Mr. Diven Is gentleman for whom
have the profoundest respect, and had intention
OF making any imputaton, only that found that
just at that moment when we wanted him he was
absent from the court
Mr.. Field-That is sufficient; but the gentleman
might reasonably suppose that there are
occasions when Mr.. Dven might have reason
to leave the court momentarily uaughter
without going New Jersey. Interesting tittering
Mr.. Clark-lf the court please, now bring on the
the order to show cause, returnable forthwith
against the Erie Railway Company and Its directors
to show cause why q sum Of money amounting 10