The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-01
AffIuayITs AND COUNTER AFFIDAvITS.
The Case Of the People VS.. The
Erie Ring.
The Directors Temporarily
Suspended.
Rrmored Flight OF Several Of tho Eric Direc.
tors 10 Parts Unknown.
UNITED STATES CIRCUIT COURT.

UNITED STATES CIRCUIT COURT
Tho Campaign In the United Statos Courts
The Opposing Parties Rally I'm Great Force
Charges uud .Charges-The Fight
Stik Going On.
Before Judge Nelson
Henry D. Wnelpey US. Tie Erie Railroad Com
pnnu-rhis Interminable legal contest was carried
into the United states Circuit Court yesterday morn
tng. Tie court room was crowded long before
the venerable Judge took his seat on the bench.
The opposing counsel, with their followers, bear
lag plethoric law bags, arrived early and
arrayed themselves for the coming action at
opposite tables, with good space between them.
When these bags were opened there was an alarming
amount OF red taped and red sealed papers aud doc
uments drawn therelron, which soon covered the
tables and gave an indication OF the extensive field
which the operations OF the day w0nd cover.
First among the great chlcfains OF the Erie war
appearing ia the arena was tile legal Saul among all
his cOmpeers, the nero and victor o. thousand
legal jousls, the nd0 nitabe and energetic Charles
O'Conor. Then followed on the same side the other
leaders in the tournament. On tine side OF Belmont
and Dayics-Edwards Pierrepont Henry G. Davies.
u. Il. Eaton, Judge Noah Davis, G. A. Rapallo and
their knights and attendants and men-atarms
On the opposite side OF the arena armed and pre-
pared at all points for the encounter and chatting I'm
patiently for the summons to charge, appeared the
able and experienced chcftain taking the post
OF honor on the part OF the Whelpley and
Gould faction) Edwin w. Stoughton; next fol-
lowed In the order Of their rank ana deeds
In lega, arips Iav,d Dndley Field, Judge Porter,
Clarence A. seward A. j. Nanderpoel, with their re
tanners aud attendants. the Ia !et Deiag some tlme
busily engaged IN seec.in. from Their respective
legal GrSenal5 the paper implements OF war tlat
We're to be wieidea III the coming hght Dy the prin
Cipa cOmbatants
The herald Of the court having announced with the
usual flourish OF "yez, oyez,' the approach OF the
Judge OF T. e combat tnat venerable functonary.
ether side courteous bowed. The Court. with the
usual inclination OF the JUDICIAL head, acknowledged
the sa uJatlon aud Al oac,, WITHOUT any crcnmlocu-
ton wIa:ever-a tning ignored by Judge Nelson
entered on the proces i.ngs u the DAY.
Dir. napallo said-say II please your Honor this
IL motion for the issuance oI IN order OF thus court
to set aside an order OF the Judge Of The United
States District Corr OF lhs district appointing ;.
Gould receiver OF the Erie railroad Company. All
the papers have been duly served upon the defend
ants III the in the case OF j. Gould, one OF the
pilncpal defendants, rersonai,y =, ,a now ask the
The C & With the e cas- case. '
Mr.. Seward sad he appeared for Mr.. whelpley,
plant IN the case owned any stock OF the Erie Kali.
road Company, or u similar character as that owned
Counsel then asked Tor an order Of reference to de-
ternine whetler IN point OF tact Bemoat owned any
Mt. O'Conor-such course does not belong to
preliminary proceeding bat would 20 into the merits
The Courf-Yes: agree with counsel that that
would be going into Q merits OF the case.
0pEsiSG BY MR. R,PAL,.o.
Mr.. Rapallo then proceeded 10 address the Court
charging upon counsel ON behalf OF Whepiey, with
having procured The order appointing j. could re.
CeIver over eight millions OF the property OF the
Erie Railroad tomgany granted 10y Judge Batch
ford in fraud OF pfocs ding then pending In tnc
S wa n sS SSas Of e s ias
by the supreme Court VI the Stae, ana which
made Of the funds 81 The company except through
the regular ohanne. and thtcueh the hands OF the
haa been granted bv udge aatnerand, but in oppo.
siti0n 10 this tie orter appointing j. Could was
the ana ss parry e ss sos 6sy
been selected BY any court having knowledge Of
the circumstances OF the case; tha. IN iac;, the
motion lad be Ii made Ia the tni.ei states Court
with view aud was a. contriyaace to throw
around this man, then bcing proceeded against
and protection Of this court and 10 wrest from
him the property OF the company. Which
Gould was appointed q receiver BY Judge or
the United states courts Is bat ole OF q series
OF frauds ON the part 81 those men who are seeking
control or the cola PAM in the matter. Tue mr..
that on the 18th Of soyc Iber Belmont a co. CON-
menced action In the Supreme Court Of the state
against j. Gould. James Fisk Jr., Frederick L.
Lane and other directors OF the Ea,iroad company:
Mat Could being president and treasurer Of the
an iileginate issue OK stock was made aud thai b.
FIX, Jr, and Fred rick H. Lane had obi i nei NIB
solute consru of the aiaIrs OF the Eric iafroad
power oftle Board OF rector. II / n Executive Com
mrtee, which was COMPOSED u AVE persons. two OF
waon, with tue pres,dani, could act as such
board that hcs, three men had gone on MANA
ing the affairs Of the company az they pleased, con
trolling rs asses and not calling meetings OF the
Board Of Directors, aad tnat no slcn meeting lo
been ned since The election Of the Board Of Directors
but that every thing had been unaor the control OF
LIS led ss,oCooD OF stock Illegally previous to the
year lsoS, and that they had ,aen nued TO
ksue STOCK: tiat hey had accumulated vast SANS VI
money gathered from tlcse sales, 10 tho amount OF
sl6,ooooq wlich they hold in ricir hanus; that II
Vas nOtorlous tdat ~ locking UP thdos 100 900 and
al times using as means oi recurring her large
sums ol money II was notorious t:at he whole
conneiciM business OF the state wis para yzed- ils
agricultural Interests suite ed evese and ID, rail-
road interests sacriioed and ~ fct every lnleres,
thit required Inc use o money lur time under
severe pressure. And 1t al cd at ihesc three
men taouid, 4 SIX ana Lane used ali tic money and
Innus OF tue company tor ther own irlyge ends,
and TO their pri. ate advantage. that hy causing d
slringency IN the monej market ii continuing
company TIL the same fen TO = low ngure. when
thcy wodld purchase 1t AMI tLcn raise the price
nsain. y is also generally charged tla they Gould
Fisk onl Iano mad been ensa, ell IN making prr.
chases OF pro- cry NOS Legitimate for railroa plr-
ses-purcha~e re j ess e an other prope.,y 10
the amount OF millions; hat they were interested
IN these pnfeha4 2, receiving bon SOS therefor anu
charging tnein @iih yarioi o,nor acts or rascon.
ducl. II was enough counsel said, 10 show rae
general character OF tic charges made n,a.. them
IN the state court, aad OF winch II nut. be SAID
tnpy Wer1 on trial, on nU,ioa FOR In unct on then
pending, when that night. naar the close ~ inc ar |
guneni, when the learned and upri Ii, Judge VINO
VS. hearing The case was co,npc'ied by the enor
Eiiy OF the frauds exhibited to give al orler ana
wao was at tie time unable to conceal Tie feeling
tnese frauds made upon hin. Then counsel secIne
The case was desperate rushed here AMI iducgd
ile Judge Of tno Court to throw his mantle around
.ael and 70 dcicat an order granted the same zen.
I1s BY au1qe sutherland. liat Judge Blicnfur1 !
vas unaware OF The acL for Wlich his interference
wa u9kel was uldonbted, for IL cc.li not be pre-. |
su ai tAat any dudge knowing these tlcBs would
"hllgy siln suv such order.
- nay perhaps be necessarg that sou'd brieay |
SUM- W cur Honor it.,e Of the history ol the con
been nanipl. ell. "
MI. soagltol--Excusc me intenupting Won.
we 10 not propose accept a. tlc pround an Wh,e
your MOI 90 u made, nor to on tie Is ateinentg
Or hTgunchts vi co'lnse Nor do " IN emd ID oak
tie Court % receive our stntsmcnlso. ~ gul1eg III
Tspy. We in'ene " ZEAL sin'aDis ia answer 10 |
Rliuayste VIII Nhleh haYh L..n .n-,..i 10 |