The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-07-17
NEW YORK CITY.
TIE C0URTS.
SUPREME CCuRT-cnAMDERS.
Tint Bss Judgment Against the Pacific Rail-
way. Company.
BEFORE Judge sutherland.

~'""-"-"
Tim, BIG Judgment Against the Pacific Rail-
way. Company.
Before Judge sutherland
Ross Steele d TrO,D6ridge rs. the Union PdcJfc
Ralacav Company eastern DtotsiOn).-This is the
suit brought by plaintiffs, the construction con-
tractors of the defendants line Of road recover
damages for the breach OF contract in which judg
ment in favor of the plaintiffs was ordered short
time since for upwards OF 100000 motion was
made Yesterday by defendants 10 open the judgment
on The ground that they had appealed 10 the General
Term rom an order made in November last refusing
to set aside the service of summons In the action,
and that the appeal was as yet undetermined. IL
appears that the defendants put IN an appearance
by one of their directors only, upon whom tne sum
mons served, that they then moVeu 10 SET ASIDE
the summons which was denied ana an arv
eral Term. but by reason OF extension OF Ine mas
not been heard. Some misunderstanding ioilowed
in relation to the last extension or time, the
plaintiffs entered Judgment az by default upon the
report OF a referee computing damages
The defendants desire to nave the aooh tr act oy
arose, and the plaintiffs, by affidavit aege tnat tne
defendants have distributed such large amounts OF
their (plantis interests to have the suit tried there
The plaintiffs, however, are willing that tins ludg-
ment should be set aside If the defendants VIII APP
pear generally, and thus give the New YORK courts
complete and valid jurisdiction.
In opposition to the motion an afidavlt OF Inc
plaintiff John Ross read, setting forth that the
motion was made merely fOrdelay and to enable the
defendants to evade the recovery OF the judgment,
and to swallow up their assets by speculation, &C.
that by letting and sub-ettng the contract FOR the
building of the road to the friends OF its directors and
other officers the construction of the road was now
costing about $50, 900 per mlle which, in the opinion
OF the most experienced railway men, was more than
double what 1t should cost per mile; that upwards OF
S. OF the stock OF the company has been dis
tributed among various parties to secure GER
tain privileges for the road, and that deDonent can,
II desired furnish the names Of the parties to whom
this large amount has been paid, with the amount
paid to each. Gentlemen holding high legislative
offices under the general government are the par
At the close OF the argument the court took the
papers, reserving its decision.
Margaret Welsh, Alias Fanny Wright. ADJ
mitted to Bail.
IN the Natter OF the Hd6eas Corpus In Behalf OF
Margaret Welsh.-The petitioner, Margaret Welsh,
alias Fanny Wright was convicted in December last
of murder in the second degree for the killing in
October last of police officer Robert s. McChesney, at
the corner of Mercer and Canal streets On that
vctiOn she was sentenced to imprisonment for life
at Sing Sing and had entered upon the completion
Of the sentence when her counsel. j. ID. Townsend.
appealed on exceptions to the June General Term OF
this court. decision was rendered on that appeal
reversing the judgment and ordering new trial.
Margaret was subsequently returned from Sing Sing
and confined in the TOmbs to await a new trial.
Yesterday her counsel brought her before this court
on a writ OF habeas corpus, and she was admitted
TO bail In the sum OF $1,000.
The Chicago, Rock Island and Pacific Rail.
road Row.
Before Judge Ingraham.
Gates Us. The chicago, Rock Island ana Pacific
Railroad Conlpany-This was a suit precisely SINH
lar to those which were some time since settled by
arbitration, and came before the court few weeks
ago on a motion to continue a preliminary injunc
ton enjOning the negotiation OF the new issue Of
$4,000 shares OF the capital stock OF the company
Judge lngraham yesterday rendered q decision deny
ing the motion and stating that the questions raised
here were similar to those raised in the other tiga-
hpan
Term; and although individually he was disposed TO
differ from such decision, he felt himself bound by 1t.