New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-12-01

W Bookstaver city and County of N. Y. . -
sue Of the inspectors Of Election the las, election Of
reS II c e seS 1858 That At said election
hoard Of Directors OF said Company received dne no
o. IN addition thereto all the votes which at that
eetion cast the preferred stock OF said Company
CO which were so cast OF said Board OF Di,sc
tss stood the books OF the Company tS davis prior
thereto the names OF the parties who either ~ Of
Old election poll list usual at corporate eeet s
wss furnished TO the Inspectors stating te ~, ~ ~,
owners and holders OF the said stock thereof "Sh sau
List duly certified by the transfer thS Se whole
humber shares OF common STOCK OF su o. CHI
Hs At The said election opposition was made TO the
leotjon present Board Of directors nor wac any
ooSfion ticket presented at said election: that the
Pspins Board Of Directors unanimously elected
annexed hereto list of persons who voted at
Election together with the number of shares OF stock
on which their votes were cast A. ,oa m rosro.,or
i.ions af elections for Directors OF Corporations for
or ss 90 wears and is famiar with the mode III which
b Elections are conducted and as they are required Dy
SUI 70 he conducted and familiar with the provisions
oaw regulating and g9Sern15s f te RnwaY Company
aforementioned was conducted honestly ana llI anu
N accordance with such usage aud custom anu pc Sn
psworO 70 before me- this SOh day Of November 1865
5 oun Wi,on being duly sworn deposes and says
AM now and have been since ITS orgahlzAuoHh ,e
transfer clerk of the Erie Railway company anu onc o
the 1900 shares stock mentioned ana releIe9 ~, ~
Imche as owned by them and for which certificates
were issued July 1868, and Oct "a 1905 io us ~
AZ stock issucd in exchange for the convertible bonus re-
ferred 10 in the bill in this action these 90
issued as aforesaid issued on the SURRENDER u "
certificates all OF which hao Oeeh issueu P'''' " Wv ~
day Of SeptC mber, 1865. --,.N.,so.a %
further say, made the list OF the stocknooers %
the Erie Railway Company furnished 10 the Inspectors VI
section on te 18TH day Of October 1868, and tine same
we're in arespects correct and in accordance Win Se
s%Srn 10 before me- this sOth day November, 1893
H. W. BoOkstaver. Notary Public Ne"-hOiA |i'y anu
County. - 49, $780,,
jaw Gould being that he is PRESIDENT OF inc
Erie Railway Company that the S25OO paid out OF the
special fund authorized by the act OF the @gsatu,c
Eenrv f Davies or Charles A. Rapao who counsel
for what is the Vanderbilt party IN the lus
ton of July last and large sum was paid 10 Inc ohe o
said counsel out the $4299O paid by said Company To
Richard schell in settlement OF has suit JAl GOULD
TINS affidavit was sworn TO before notary pubic on
the SOth Of November, 1868. -,
large number of adavits were read tending 10 snow
road had been prosperous under the management
Hugh Riddle General superintendent OF tho road, tes
ned that the management OF Gould had been SUCCESSIVE
and great reformatiOns had been inauguFated eeVer
other officers OF the road testify that the o
Jaw GOuld had been signaly successful aud that the
officers performed their duty with hdelity 49, ,,
and other property lately purchased by the Company
worth more than they paid Tor It. .-.,,. -. .,o
o H. T. Marcber having charge OF the freight NJ the
terminal stations, teses that since the commandments
Of the Gould MANAGEMENT the road had Dcen eonuuTtsu
Messrs. Gould Fisk devoted themselves constantly TO
the duties Offices and for the interests OF me
sharehoders with the maturing Of the plans already in
sugurated the business OF the road would be greatly H.
DavidsAllertou testihes that commission paid.
10 be paid, for the purchase OF the Neeha"kea
property that he is acquainted with the property ana
that it is worth much more than was pad eI mat the
livestock business OF the road has been conducted LOT the
best interests Of the stockholders
AFFIDAVIT OF THE CASHIER OF THE ERIE CO.
Justin d. White being sworn, dopOsed am Cashier In
he office OF the Erie Railway Co., ana have been so Tor
EeOmmonly known as the htlgaton' commencing III
In the cSnrse Of the litigation Henry T. Davies and Cas
A. Rapallo appeared counsel OF Richard sehel aud
In the best knowledge ana belief of deponent. On or
about the I'd OF July 1905 settlement was eected IN
the presence OF the counsel Daniel Drew John s. FL
arid9e Richard schen, and Charles A. Rapalo on de-
ponenvs best knowledge ana bee herel9 arc @nJ&ea
sopes Of receipts taken Tor pay ents a1e py thc Ie
Railroad Company, in pursuance OF sueh settlement,
which rates as 9 P T. Tb eS saI tnd on
Of which the SIS 600 mentioned IN one OF the sad receipts
nature OF the state Of NcwYoIk passed April a. 1885,
entitled IAN act in relation 10 the Enc. Rew-fork
MES Here copied letter from Nh Plerrepont TO The
President Of the Erie Railway Company Al action has
pending to recover from the sad Richard sclen and
Others the money thus pad to hlm Annexed Is copy
Of lie complaint in said action and believe all the ale
t"'Oi sworn tit aud signed by I'D WHITE.
The following is annexed:
Received, Newly Ors, July .. 1865 OF the Erie Railway
Comnay The sum Of O0J being the amount toned
bic for tho counsel eesand expenses OF the pant
In tnis and IN the proceedings Tor ths appointment
ES25OcO. 2eent stamp
Counsel for the Company having closed the reading Of
the afidayif- Mr. OCOpOr, FOR the plaintiffs and
said would occupy Tire time Of the Court but mo-
with preliminary motion lie moved that the
pressed As the ataavit OF MIR. Gouh, he sd IT ws
esSTt IN rsSsTd 10 the aiHdavit Of Mr. White a man
has 10 right o. swear to belief unless lac can swear To
some fact which To base H. The object OF thus MIRO
ducine the name Judge Davies, he said was quite APP
parent-t 10 throw some sort OF impntation upon
him. receiving his pay such connsei cOud no he
said reflect upon the honor Of that gentema but
was introduced Tor sinister purposes - was matter
Introduced the form Of ~ affidavit, which was not an
tradlcuug that part the aidavitand denying that he
received any money Om tne parties alleged; tat ne
Id CONNER ION he received from John BOOdgOOd
Co. ana thar received any moneys account
fIom any company corporation whatever.
Mr.. stonglton 81 counsel ior the Ccmpany sad When
We come the questions Of fact this
will refer that affidavit IL Ii interesting 70 learn how
happened that The persons here named were interested
m fuffherng the prosecution. and 1t may be interesting
70 inquire whether that compensation received was not
the exact which Vas NEUTRALITY-SUSPICIOUS. II did not
conc from tie $4,000 distributed. We not informed
as 10 these facts; but there are two aspects
70 this motion, aud think the learned oonn-
eel asn have them suppressed, failed to realize
the point controversy upon which these adayits
were ofered Mr. Belmont seeks TO obtain position
asks 20 be recognized a. defendant.
Mr. O'ConOr-This cannot be allowed.
Mr. stOnghOn-I will come 10 the point that IL reatve
Judge Nelson said he would make note OF the notion
and take action upon 1t hereafter .O,,.-..,.,-,
been read ~ which his name had been mentioned, his
friends upon the other side knew he sensitive upon
the subject and perhaps they thought II would interrupt
the OF his Discourse bnt he would not permit the
experiment 20 succeed Ia regard TO Mr. Drew's afda
Wit NV friends upon the other side have sought here,
well newspapers, To degrade this controversy,
and this case, ny giving - II tho aspect Of
answer which Mr.. Belmont had made under oath. and
which has been published would have silenced my friend
IN that point The question raised al this point
10 how many counsel were 10 be heard on each side.
Judge Nelson SAID ne would near Two On eaeh sGe J.