The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-01

are n 'ea,f our Answering papeTs without having
papers read on the other side Dut TAO eou'sn''
stated, We are really TO 20 on. ,. a. tha r,o,jo,
Judge Nelson-Ihe regular course On Wy =, saosr 49,,
Is to bring the Papers before the court Hhu .uo o
sci nav read them orreIer To them.
Mr. PieTrepont-1his IS what counsel is now no
ing; merely giving he contents OF ti!e papers.
Judge Nesonso sapposs; ola IL o -
non TO the RUE 1t Is not necessary " rcad thein ia
tie argument Is open - -.
Mir. o'Conor--iour Honor OUGHT to nave a prici
statement OF what our papers contain, perhap3.
Judge Nelson-No; that is usually given In the
argument AID 1t 10 necessary that should DC given
Mr. O'Conor--I it is not necessary to your Honor
T. not TO aa pIoac can
opposition co the rule before argument opens.
Mr.. Stoughon-l Will aud that 1t Is usual for
the papers on which the mo ion Is TO be made or to
state them without interspersny them with renee.
ON any ssay tns Usual
previous argument ana therefore Interrupted him.
Judge Nelson-.t Is proper that counsel on nehai
OF the rule should have before them the opposition
papers before argument opens, and II you have them
let them be produced.
MIR. Seward-As solicitor and counsel for Whclp-
ley should have no further interest in the case be-
You'd having your Honor decide the question already
Observation-Disclosures Mr. belmont Is or - not the
owner Of similar stock as that owned by Mr. Whelp.
ley-wcre 1t not for the fact that In the moving
paper. and In the language used by the 9tnsr sae
there La specific charge or colusion on The part o.
this raintiIr hing something or som body whcn
Las been improperly. AZ I take It, brought INTO the
case which shalt read, and read the a'hdas' III
AFFIDAVIT or HENRY b. wHELrLEY-ANswER TO
THE CHARGE OF COLJUSlON.
Mr.. Seward then read the following aihdavit:-
ws re .xa g RqaY XII. :a wary
Of having the question dsa s BY h sGs ana
"sed was tho S.nSs sooR the
s and the h0ss 81 as
1 sais sepany that tn. % which
psSs .s % Ssy deprive
o. o. sssF
Could or ANY, Other but at nj. a same v were
de- on MS possible aieermnaon OF the question presented
.se 'as o S Gr the al. M
The kind 81 a. s hs aq ~ ,as &C.
ton Of their Of ils deponent or any other
deponent further ,ha !! is true that a. one
@s s Be S he IN ss S hS 80 hs
employ for the last mouths; ne AYERS that or me as ss
on II. o Ss ha .ss ssan h. 'a as s'
sh. iSa 'nas he ei pupo MD
ing Ges. Fisk Gond o. either ., .ns,n ~ ahy oi'
s1a n ne es s q spy raul Or % AID ~
Sworn i this scth day OF November 1883.
Mir. Rarallo-Are these all the papers to be read?
Mr.. Straightforward; have little latience Tnerc
ire many moc to be read
Judge Nel,on-Thcre IRE the afndavits OF Gould,
Mr. stUugllton-Your Honor. before proceeding to
rea the alidavlts that viii BIZ presented 10 your
Honor on behalf OF tie Erie Ruilroad Company-for
which company Mr. Field ana jself appear VIII
state that the papers on WHICH TINS III jtiou |, mauc
the motion having o twu.Oid purpose: 10 Remove
could rom the rcceiversllp and intfrpOlao IN his
pace Sir. Henry q. Da ies-the papers, your Honor,
were ser ell last Saturday afternoon, ana me par
tics know ing peSfsctly well from tho history Vi TINS
controversy, with which ey were ail familiar, that
any suggestion of delay for the purpose OF making
The c.ia.g would hc sllgnarizei as mn effort 10
postpone and put oil Judica! ac ION, nave prepared.
10 r.tnr within what hours. scn anllavits rs 70,
the INST time since tubs controversy opened viii pre-
scnt .iiclal notice the FACES involved IN this case
For while three OF the directors OF tue COMPANY
rad in, na On Mai mt
Court und which Is part o. the iaot.on anu on Tue
papers Eere with acis OF ni'cond ct Of the graycst
returnable on the ed Of November on which
effects Of tue properly oil tic colany. Their names
beina en- cred ON tie printed order no time was al
lowed for tile reading Of the aidass Ia reply TO Inc
papers there. hut now yunr Honor, We nave aiita
NiLs here which we shall present, and which VIII Us
pose OF these ATMOSPHERIC Currents oil runlor which
nave one or two more ready before the reading can
| he concluded we slail ask Tor no delay.
at RaasiS Ss''n-U0 WIN 'A' ''"a-s :, YOU
| Mr. Stough.on-win yodr nonoI, before taking 9
note Of The aiida'its, marx tho tact liat On pas
the complaint III the supreme Conrt OF the State
VIII he found acnient VI the directors who were
Ju.ge \. lsoa-whlch do you refer tor
MIR. stouuhton-Tne conpsins OF Belmont =
Lueke AGAINST the Fire i.ai r,'ad Company aid
others, AMI wnich the order for the receiver a.
made. IL Is q part oi the moving papers Your
Honor VII understand the iuaVLs better ny nav
lnx your a',ea called 10 tue fact that W, lie tie
lnpiaint charges that could, Fiske And Lane, tarcc
Of he ,rectpr controlled the e,ecton OF directors
held october, 1868, ard caised tnemseives to be
eleat d, there was also elected with them number
Of Their enIc0ltn t. the number OF ten or eleven,
aud 1t l. alleged that these gentlemen personally OBJ
tanned the Il rciiSn Of directors by irrui. Nov II
APP ears that there WAS on one ticket proposed Or
ireclors thai rot one yose was given for others
IN election. AMI from this ~ viii aso appear thar
these sOcalied coasprato-s met With the approvai0i
She s'oeshoiders OF the co;opapy. ~.
Mr. Pierrepoat-0o the ai,lavlts state ti1as INC
parties referred to were present and voted Or
whether they voted by proxy
itas mn sF5 III + IL u IL s%s y'a NAL
Mr. rierrepont-Mc simply want to know what
this afiiaviia act ortiz.
Mr. Stoughton-You will IND that ont presently.
Judge Neson-state the Substance OF tho alil-
davis.
ar. Stoughton-Yes your Honor; but I do no
wish counsel to misundssiand me. Hero ar, the
names OF the par 'cs who voted and the number OF
shares trey represented.
Ex-.udge Porter proceed d with the reading or
| the AM tavits
A'FsnAv,e , o. Jay oogln-nssIA or cnAaers
Sss :'ss ": ss :s;t .; o;s
Sdn :. Inc BOND, haze G ss Il
were e. s .sd, BY prior !. ih' AID 1871 day Of
sock issued decnd,n eyccI sieh a. waa ssac on
m on sr q - bonds 20 :. s issue p the
al eood ss, the same would be Converted stock al
.ri- .. ,nsi ,hs arising from issuing %
said Hts separate. dfsxiuct
and rom the other moneys funds Oh lie s,,i c,
lAny ut the mingled with the Yeresaj funds ~
Tue coI any, nad were kept such other funds kept
AM could rot, ror .hs receipt thereof Is
unccu ss e proceeds o. Auy particular bond or bon a. or
oherwisr ncaie the company, however, kopt on lis
Doo orer accounts showing receipts and
required W Jaw.
further , ina. sds. by me in tn. ac
tion " tin riFcae Court. IL whrh said August pemont and
nras', = Iaase sere qan.n., .ad tina, q aa,i smdsv,
complaint ~ said action. That tho sail aeiiayit
was not then completed for o. oppor-
t,iitv ,nnd nheent time therefor. The court In
whiel thc aeon on the " which the eaid Nil.
davit ialensed b. used hayun AZ The rarncs,
soci alton OF the counsel for Belmont refused 10 srnnt
postponenca OF TIE said molion pro s,iI nI,.
Vt to be compieei That nave yet had stuaiy
the charges In the sail nout
myself and associates irrcors nj
said eorpanT and which charges they mpue 10 me
cJufectots ode al usrnndnci, declare 10 bs I'M
sirc- the hearing NJ ssd motor M Supreme Cor
nave been engaged In preparing additional, Ia
use In the seid acton In the ate court aud not yet
fllN 81