The New York herald., 1868-11-26
5. the CAPTURE or FORT ERrI.y

The New Receiver In Possession by Strategy
Fisk Indignant nnd About to Repel the In.
vaders-1udge CardOz0 Reported 70 Have
NTaken . Haud.o
Yesterday, after the settlement and entry Of tho
supplemental order made by Judge Sutherland
specially defining the duties ana powers OF ax-Judga
Henry y. Davies as Receyer, an order having also
been made vacating the stay Of proceedings granted
by Judge Barnard the receiver, in company with
ex-Judge Noah Davis and Mr.. u. H. Eaton, oalIed az
the Erie Railway building for the purpose OF assu-.
Ing possession as receiver. On reaching the build
Ing was found thai the doors had been closed and
the iron gate which the trumvrate OF directors had
erected Tor. the purpose of additional security from
invaders, was found 10 be barred and looked and
sentry patrelling btnind the bars 10 whose cuSody
the keys Of the castle had been connded. This Hentry
being an old employee Of the company Immediately
recognized Mr.. Eaton, tho former attorney OF the
company, and. unlocking the gate permitted Mr..
Eaton, Judge Davis and the Receiver to enter evil
IDENTITY iuly convinced that there could In No pcs.
sibe 0bectfon to tlier admission.
Judge Davies and his Two companions then en-
tered the building and passed without distraction
found seaed Jay Gould ana James Fisk, Jr., IN close
conference with their Counsel, Messrs. Porter and
founded at the appearance OF tho newly appointed
receiver but Mr.. Fisx rose and affected TO receive
Mr. Eaton with some show OF cordiaty After
few minutes nrersation Flax left the room. on
his return ms manner appeared 10 have undergone
great Change, and approaching AFR. Eat0n ne sug-
gested In very pointed terms that hs company was
no longer desirable aud TINT he must leave. Mr..
Eaton returned no answer. whsn Fisk turned and.
opening the door. directed Mr. Eaton's attention 70
party ~ ten or twelve rough looking men stantinc
la tue hall outside, who hs said were ready TO put
into effect his resolution 70 sunmarily eject MIR.
Eaton ard the rrceIvrr. srhe counsel present then
inlerposcd and protested that they would neither
permit nor counenanee any such course OF proceed
| ing fskis warliHe preparations seemed To for.
| bode. this unexpected tnterfcrence cooled Tho
ardor OF the eeilic0se Fisk and bis eagerness mar
shat his forces became very much danpened. Jay
Gould apoogiyed for the unseemly demonstration
| AID expressed regret that II had taken place.
The receiver then proceeded 10 give forma! notices
of his appointment, with directions al to his Dos
| session Of the properties Of the company. lie
also served a noiioe updu Could requiring hifn
" the payment over TO him as receiver
OF TIE funds OF the company AZ directed by
the order Mr.'Burri then drew from his pocket All
| order signed by Judge Cavdpz0, dated on Monday,
which II was stated staye0 proceedings upon Judge
Sutherands order. althou9h made and signed
made Inc receiver cid not, however, assent TO this
view, but subsequently through courtesy, requested
Judge Moan Davs 20 call upon Judge Cafd0zO to ask
| him ~ vacate his very singular order
| Anerdne receiver had served written notice upon
the assistant treasurer In regard TO certain require
l ments he deemed necessary as receiver, he called
1 upon Mr. Hilton, the transfer clerk to obtain pos
session OF the stock books Mr.. Hilton at once re.
cognized the necessity Of the case, but urgently
uuestcd a. personal favor that the receivers action
he deferred until Friday, TO which Judge Davies
sented.
The possession mus taken by the receiver has q
| gpeCiaI Illegal Significance, a. the directors had
s6kep great prccAutton 70 guard against the possi-
| oflhy Of ony suCh result IL would seem, however,
] 1Aai Ne SeSlss9iete we're faAtlI '0uiAanksd.n