The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-19
NEW YORK HERALD THURSDAY 49,

moneys in the proper prosecution and conduct OF Its
with the powers and authority OF receiver to take
control or all the moneys on hand and dishurse
them only IN the regular and legitimate business ana
Messrs Brown, Hail and Vanderpoel attorneys OF
the plaintiff, applied to Judge Barnard upon these
that justice restraining all parties from prosecuting
suits already commenced and from commencing
f ne~ su anp Jay ua an as sSerss e
funds OF the company, In accordance with the reso-
lutions OF the Board OF Directors and the Executive
It was further ordered that said Gould nle bond,
with sureties In the sum OF 81 100000 Tor the iath
ful performance Of his duties and trusts.
This injunction was served on the parties on Mon
day morning. The Belmont Injunction was served
later In the same day.
A Singular Afldavit in Reply 70 Daniel Drew
Peculiar Assertions and Counter State.
ments-Light Wanted.
The following affidayit was made yesterday In the
Erie litigation, and is presumed to be reply to the
aflldavit OF Daniel Drew, published in the HERALD
Of yesterday:
SUPREME CoURT-A,gslse Belmont ana another
an a@ o zs aS Ms,s Company dm fs
being duly sworn deposes and says that on Sunday
morning, November 15 1858, Mr.. Daniel Drew unex-
make clean breast OF it and TO throw himself upon
our mercy; that he was short OF Erie stock
and that was not h Of IT. ana that he was short IN
addition 10000 calls; ne complained bitterly Of his
position; he then entered into an explanation as to
by parties who were to attack us in the courts;
ne said that he had been In the enemy's camp,
for NUMBER ne One and 70
ing to help him he would make a clean
breast Of +; told MIN that his dis;
should not trust him unless he made clean breast
OF 1t to begin with; he finally after much hesita-
o said ne would ten me- aa Work Lane
him; he refused to tell me In whose name the pro-
ceedlngs were to be instituted; upon inquiring
closely OF him whether the case was taken up on Its
merits or as mere stock operation, he admitted
to me that 1t was to relieve those who were
what the others would do and he said that he could
take the rngieaders with him II they were also pro-
yided for, aad he would break up the hole scheme;
Mr.. Gould, saying that he knew that II he could
Mr.. Gould he could benefit his position, and would tell
convince him that this was one OF mis- old tricks and
that he was the last man who should whine at any
position he had put himself In with regard to Erie.
Finally consented to 60 and get Mr.. Could and did
so. was not present at the entire interview be-
tween Mr.. Could and Mr.. Drew, but such portion
Of the conversation as heard was Of the same
nature that Mr.. Drew held with me, and also
he urged many arguments upon Mr. Gould and my
self to induce US to help him with regard to the
stock; he stated to US that 1t was within power
to protect ourselves, and urged us to issue more
vertiole bonds saying no o. one could know any
declined to accede TO- At thus tme he "y tod
us that suit was to be brought In the
name OF August Belmont; that he was present at
ameetng they had last night and heard the papers
read; we told him over and over again that we
could not help him; he would not leave u.s. but in
finally, unable to get rid OF him IN any other
way, told him that we would meet him
again at ten O'Clock that evening; we then
parted subsequently, about eleven O'Clock, we
found Mr.. Drew waiting for us; at that time Mr..
Gould was not present, and again told Mr.. Drew
this stock up am ruined man;' he harped upon
the TACT that he was willing to pay large amount
OF money for the use OF 10000 or 10000 shares OF
stock for fifteen days. and offered me as high three
per cent. which would amount to nearly 100000
Tor the OF IT fifteen days; finding he could not in
tack, saying there was conspiracy against US, and
they would ruin us II they could and that they
would have the stock down at all haZards and that
II would not agree 10 anything with him he would
give his AFFIDAVIT to the other side, having be-
fore this stated he would not give his all
davit II I came to his rescue he said, "you know
during the whole Of all our other fights objected
to ever giving my affldavt but swear will do you
all the harm can do you II you do not help me in
this time Of my great need;' he also said "You can
you three per cent for 1t; you have the power to
issue more convertible bonds, and will buy the
bonds from you II you are caught or win buy the
bonds OF you with the understanding that
posltivclT anc unequivocay declined his
proposition as had on each occasion. After talk
Ing in this strain for more than an hour adherng
to my decision that nothing could be done he, at
about one O'Clock Monday morning, said, ~ Will
bid you good night" and went away.
JAMES FISK, Jr.
Sworn to before me this 18th day OF November,
1s6S.-MoErIMER SMITH, Notary Public, New York.