The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-11-26


Supreme court to-day, before 6dge
Sutherland, the case of Belmont VS.
Erie and J!. Gould having been called,
a motion IVas made by the counsel for
the defens for the postponement OF
the settler aent of the order for re-
ceiver. L his was refused. Almost
every clau Sc of the order as submitted
was objec ted to, and several phrases
were struc < out A preliminary point
as to the effect of Judge Barnard's
stay of proceedings as to the settle
ment was settled by Judge Suther-
lands HOltEtR0 that 1t could not inter-
fere between the making of an order
and its settlement. The order. as
finally settled, declares Judge Davis
receiver o { the Erie Company, defines
his duties, and orders all persons
holding fu nds, property, books, papers,
&C., belon ging to said Company, to de-
liver the same to him, and recognize
his autho rity. It also provides for
payment by the receiver of the ex-
penses ne cessary to carry on the road,
and requires him to make out last
of all the stock of the company, with
the amount of funds in his hands,
and to keep accurate accounts of his
transactions with the rOad. The di-
rectors and other officers are directed
to refrain from interference with him.
David Hawley is appointed referee.
This order having been settled, the
coun sci for the plaintiffs moved
another order, vacating the stage of
proc eedings granted by Judge Bar
nan,1, and ordering that all proceed
Jugs Of the said receiver under order
of the 23d inst, appointing him re-
ceiver, aud under the subsequent
order made this day. more par
tic ularly defining the duties of
such receiver, SO y far. as such
orders or receiver of them relate
to the Receiver taking possession of
the ferries, railroad and rolling stock,
supplies and furniture, and earnings
| freight and passage money and sales
! of the Company-accrued and re-
ceived since the first day Of Novem-
Der, 1868; and to the running of said
road and operating said ferry, or ex-
ercising the franchises of said Com
pany; in respect to the running of Its
! road and other roads and ferries, be
| suspended, until the decision of the
general term. Upon an appeal being
taken from said order, appoint ng
said Receiver on November 30, 1868
or upou any appeal which may
be taken within ten days here.
aH.er, from their order entered
this day, defining the duties q
aid Receiver, this stay shall
not prevent said receiver from call
ing on the directors and officers o.
said company, by legal proceeding'
or otherwise, for accounts OF earn
ings and receipts of company. anC
for the payment of all surplus of SAT-
earnings over the amounts thereof
necessary to pay the legitimate ex
pense of running said road and Oper
ating said ferries, and that none o
e the proceedings of said receiver unde
y or upon said orders, be stayed, excep
as heretofore specified.
i This order was adopted by Judg
i Sutherland, and the proceedings term
n mated. :.
d The arguments In Rosenburg
TO case were concluded too day In tn
a. United States Circuit Court. The de
1e cision is to be given Friday.
l. The following card is put
lished to-day to the public: Th
rarties implicated 10 what are know
as the whisky frauds, under the leaC
ership of S. G.. Courtney, the Unite
States District Attorney have suC
ceeded, after an effort of moro tina
two weeks duration, in procuring a
1, Indictment against me for an allege
i conspiracy to defraud a revenU
D officer. Idon't know upon what ev
e .dence this has been obtained, but
/, do know that. whatever it is, 1T
!. wholly false. / trust my friends. W.
# kIbe patient, as am, to the end.
Bsshall show to the satisfaction OF ever
$ / riqht-minded man that have Meth,
n said nor doue anything which Shout
: in the slightest degree impair thu
lsconfdence o. lessen that measure
/ respect whiih it has heretofore bee
r my fortune to enjoy. This bod
of men who have instlgate
T, this proceeding, do so in self-defens
N L am employed by the President
D. the United States, and am acting u
u der his authority in exposing Il
NJ monstrous frauds which have be,
es committed against the revenue. ~
rs only hope of escape of the parti
IN involved is to crush me- This tn
is. have attempted by conspiracy. II
truth will prevail in the end, ho
- ever, despite all efforts to prevent
,.s and the public will see who is desel
ing of condemnation.
- w. FULLERTON,
" IL Pine Street, New York