The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-13
NEW YORK HERALD SUNDAY DECEMBER 3D. ssa-TRPLE SHEET

there was not an. opposing vote. Then, TO carry
out their p'an they close the transfer books
at the facts IL turned out 10 have been done at the
request or the Overworked transfer clerk. Another
allegation made positively, IL that bylaw was
passed ito prevent the voting by proxy. It's fsity
could have been ascertained by simple IN
curry. No such bylaw was ever passed. Then
by all these acts, having secured the control OF
the company, meeting OF directors IL held because
the time had not then come under the bylaws for
such meeting. And then IL ia finally found that all
this schening and c0ntrivng were useless. Not one
stockhoder has yet appeared who desired 70 vote Tor
any otner az dnan ane present @ PARTY Ia
backing for these charges 1t had been said III one
case that opposition was often prevented by showing
ii was hopeless, but there had not here been pro-
duced even one stOckh0lder who had been deferred
from voting for thai There IL statement that
have been issued hut it appears that no stock has
since the election been issued except in conversion
Of previously issued bonds Mr. FISK, who could re-
sist the otter OF Drews $780, COO not likely TO Is
sue stock uSelcssly. Mr. Stoughton alluded 10 the
Binghamton suit and Judge Bacoms acton
thereon and said he had no doubt Mr.. Drew and Mr..
Work would be heard there If they chose 10 appear.
As to the charges Of locking up money, OF sending
TO Canada Of using i for private speculatlons lnsy
were made on belief; they were denied pOsNlvey.
Pixies Opera House was private speculation OF Mr..
Fisk-not OF the company. There was no law
house. Then the Weehawkcn purchase was called
extravagant. 1t turned out 10 be Indispensable to
a purchase Of the PenhOrn property at $i,5oo,0o0;
1t turned ont to be for $l260o0; purchase in Buff
f0lO for $3O0,000, when their only purchase tneTe
necessary one OF right OF way for $4,000.
They are also charged with purchasing
rolling MILL which Is based upon the TACT
that iron works have been purchased which are
used for the manufacture OF steel rails and
this was shown to be "a great economy.
Having shown all these charges TO be untrue we
have introduced atidayits to show that OF late the
management has been marked with great vigilance
and untring fidelity.
They prove that these men who have been uDjusty
charged have been entirely faithful These Were all
the considerations necessary to present The only
charge undenied that OF Issuing stock IN CONVEX
sion Of convertible bonds. 1t appeared now who
were the real plaintiffs in this case, and they had
standing whatever for an injunction and receiver.
Ii appeared that stakeholder had any standing To
ask for such relief. The only charge undenied was
the issuing OF stock, and 1t appeared, even II this
were wrong that there was no fraudulent intent IN
II, but only mistake. When they got down 10 the
solid ground OF the fact they found that case was
made out All the charges not made on information
and belief were made by men or no credit, and II
there were any case made out every material fact
In the complaint had been positively denied.
Mr.. Barlow said that they desired that the case
should 20 over to Monday. IL had been intended
that Mr. Mcfarlan should open it Tor them, and ne
was now absent.
Judge Cardozo asked how many expected to speak
on that side.
Mr.. RapalIo SAID that Judge Emmett and himself
desired TO speak.
After some little further discussion II was directed
by the Court that the further argument be adjourned
to Monday at half past one, and 20 On at that hour
from day to day until concluded