The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-03-19

ST. scnstons And this deponent further says that
sGe statement IN Subdivision fifteen OF SAID COM
paint TO the effect that the defendant Frank WORK
was an agent OF this defendant, and instituted tne
proceedings in said complaint mentioned ID the m
terest Of this defendant Is wholly untrue Lnis ne
and beief there les never been any justincaLoh or
the plaintiffs action against this dep0nent This de-
ponest is satisfied and believes, and thereupon iees
bound SO to state to this court that the sole object OF
the parties who have procured the institution %
this suit in the Introduction OF the nanle
Of this deponent as defendant therein was 10 gave
a false color TO fictitious case, upon which an IN
junction might be obtained which might furnish
the socs Of the Erie Rail-
way Company, which has been recently issued py
some Of the directors OF said company In yl0auoh,
charters Of said company the rights of its stock
holders, and Of an injunction Of the Supreme Court
prohibiting such issue. And further this deponent
saith not.
Sworn this 18th day of March, 1858, Ae; n,,nnur
denying in the broadcast terms every allegation al
legged against him in reference to the combination,
conspiracy and interviews with brokers, but 90, 2,
knowledging that he occasionally visited the once OF
George 4. osgood, but That al such meetings were
sSsfer appeared as Counsel for Judge Barnard.
THE ARGUMENT
occupied upward OF three hours, Messrs. Clark ana
e. Burrin for the plaintiff. The latter gentleman
was cent for In extreme haste to New YORK CITY,
WncQ the mOLlOn 10 postpone was ucIueu. Az WIG
close Of the argument the following order denying
the motion to continue and setting aside the tem-
porary Injunction was made by the COURT
At q special term Of the Supreme Court held, In
and for the county OF Kings, at the County Court
House In the city Of Brooklyn, on the 18th day Of
March, 1858, present Hon. J. w. Gilbert JUSTICE
william Betden Us. Cornelius Va.derbtN ct dI-A
temporary order OF Injunction having been made IN
bert which order also required the defendants 70
show cause on this 18th day OF March, 1858,
why such order OF injunction should not be
continued, and the hearing upon such order
to show cause having been brought on this
day, and the complaint In this action together with
the atdavits thereto annexed Of william Belden and
| Henry N. Smith, each verified March 7, 1865 having
been read the part Of the plaintiff and Thomas O.
Shearman and John E. Burrill having been heard on
the part Of the plaintiff and the afdavits OF Corne-
| Illus Vanderbilt Augustus Schell, William II. Wander.
| bilt, James H. Bancker Richard Schell Frank Work
and Augustus G. Brown, with the schedules and ex.
| hibits thereto annexed having been read on the
part Of the defendants, Cornelius Vanderbilt Angus
| tus Schell, william H. Vanderbilt Richard Schel,
| James H. Bancker and Frank Work, and Marshall b
| Champain, Attorney General, and Horace F. CLARK
/ and Charles A. RapallO, having been heard on
the part Of the last named defendants and the am
| davit OF George G. Barnard, and his answer IN
this action having been read, and Ira Sha1er, ESQ.,,
/ having been heard In his behalf.
1t Is ordered that the motion for the continuance
OF said Injunction be and the same Is hereby denied
and that the said temporary order Of Injunction here
tOfOre granted in this action be and the same IL
hereby vacated and set aside, with costs to the de-
PENDANTS J. w. GILBERT.