The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-23
Ag EDIFoR ~ LIMBO.

A Midnight Session of the Superior Court
Warrant Against the E..isor oil the springs
Geld Rcpubiican--nis Arrest and LEcarce-
ration in Ludlow street Jail.
Judge McCunr. of the superior Court, held Cham.
bers Session last night TO hear the complaint Of
James Fisk, Jr OF the Erie Railroad directors,
against Samuel gowlcs, editor and proprietor OF tho
Springfield Republican.
The following f. the deposition Of the compains
ant
suPERIoH Cousr. CRY or NEW YoYg.-JoHes
FISK. m, Samuel Botres AMI Others CDrtIoSlsJ
the tirnl or Samuel Bocies q Co.,. CITY dtt comfy
az Ne,r York. ss.--James Fisk Jr being duly sworn,
deposes and says that nc Is the plaintiff In the above
entitled action that on the 18th day OF November,
1855, the defendant, Samuel Bowes being the prinI
opal editor or edl.or-in-chief OF certain newsA
papers published by the said Samuel Bowies
& Co., IN the city OF Springfield and states
OF Massachusetts, known and described as Tho
Daily Springfield ReDtibiic0nu and "ihc Semi
Weekly Springfield Republican," did compose and
publish or and concerning this deponent, plainiin
az aforesaid the following false malicious scandal
lous and defarnatory matter, to wit:"Iut Fisk has
probably destroyed the credit OF the railroad
lmeaning the Eric Railway Company, whie
plication OF its stock has been fcaruI. From
thirty millions OF nominal capital year ago it
has now been raised to sixty or seventy Millions aiidi
what there il TO show FOR the difference beyond some
worthless securities " the Hartford ana Erie Rail-
road aud million or two OF real estate IT IL now i-
possible 10 say. The issue OF new shares seems TO
have been wanton, and to no purpose in great part
but 20 gamble In Wall street WITH Nothing so
audaclous; nothing more gigantic In the way %
swlndling has ever been perpetrated In th!s
country; and yet IL may be that Mr.. Fisk
and his associates have done nothing that they cam
not legally justify. at least IN the New York cour,s.
several or which they irneanng dcponcnt Fisk and
othersl seem wholly to own. Fisk's operations are
said 70 be under the legal guidance OF both David
Dudley Field and Charles O'Conor. and now both
Judge barnard OF toe state and Judge BIatchf0rd,i
OF the United states Court, back up aud help his
proceedings:
Many even OF bis friends predict for him tho
State Prison or the unatic as yluin.
Deponont further says that the same matter as
last above rcced - having been published in the,
said daily and sem. weekly. Springfield Republicans
was repubshcd In the weekly Springfield Rep,ib ~
can, also published by the aboycnaIned Defendants
on the 9th day Of December, A. u. 1855.
ErDeponcnt further says That an action was cons
menccd in this court by this deponcnt on the 2lss
day VI December 1853, for libci for the above ~.
citcd false, malicious, scandalous and dcfamatory
matter so rs above stated published by tho defend.
ants against above named pIainiiif, claiming dam
nges In the sum OF $4,000.
Deponent further says that the said news.
papers, published nv tho defendants. have
q q, Wide and extensive circulation IN To
eswee ana caa ni ~ reason Se o sal, york and
this dcDohent has been damaged and injured IN MIA
character and reputation aud his usefulness aud
efficiency ~ director ana manager or the vast IN
tercsts nrustcd 10 his care a. managing director or
the Erie Hallway Company seriously and wantoniv
Injured and damaged this well for the interesfs
81 the stockholders IN said company nc large as Tor
THIS deponen JAMES Fl.sk Jr.
subscribed AMI sworn before me tnis a2d day or
December, A. y. lsos. MogriMER SuTH, Notary
Public, y. Y.
Upon the above AFFIDAVIT aud order OF arrcse
Deputy sheriff MCGOWAN proceeded to the Fifth Ave-
nue. Hotel, where Mr. Bowlcs rad just arrived from
Washington, and needing the defendant In the nalf
Of that establishment. served the warrant ana took
hs prisoner to Ludlow street Jail. shcrlG O'Bricn
was present at the hotel and directed the procceclug
Mr. Flax was also present