New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-11-16
sUPRENE coURT-spEcrAL Term.

SUPREME CoURT-sPEcfGL TERM.
Before Mr.. Justice Barnard-The Erie Rail
S sg s ss Messrs FISK Gould on SehS Of the Erie
Railroad repudated the arrangements under which the
OF lSG8 settled and sought TO recover the
moneys paid out under that settlement Among other
suits brought was one to recover back nearly S0OO0
tho Company held by Mr. Vanderbilt The suit was
brought the ground that this arrangement per
Erie Railway Company. The relief demanded wac
special making the case an equity suit The case coming
Jury. The case involved nearly t5,OOO,OOO. There
Tho est OF the complaint fraudulent conspiracy
deiraud the Company He thOughtin view Of the magn
OF the interests and the great number OF questions OF
fact the Court would not take on itself willingly the
labor OF trying the case alone IL would be- he thought
che questions OF fact should be passed on by the jury
hst tins could De done at this stage OF the case Ia the
CdrdOzOs opinion the case Of The Ne York Express
Mr. Eield said that the had been at
many months, The defendant had brought this case
into this Court By his own action. He had served
notice of trial for the Special Term In May and again in
september and 1t late 70 undo what he had
done The ought to be tried In Special Term was
should be so tined. There reason why
this than any other where the Court had TO
Tor fOurfod reef-for the RECESSION of argument
ne Snrren5E 81 certain bonds Ss an Tor that
0hey 1t clearly case for the Special Term, and
she Court would step out of its ordinary with
reasons or c9nsderaons being presented to snow
that eXpedient To ask II 10 do so was almost
was whether Mr. Vanderbilt had obtained this money by
a fraud What evidence there here that Mr.. Van
derblt would, the trial, deny that factf Certainly
Me- Vanderbilt was not entitled to any other law than
any other person and If this suit was for small amount
Wy ths cause Judge Beach, reply admitted chat this
was a for lhe discretion Of the Court. AS
defendants had no other courss than to NOTICE
1t for the same Court as the plaintiffs had noticed IT. He
m their motion They came In almost as datei eTo out
regard character OF the issues suggest to the
he al Of he nv
uneGaivocaily and absolutely charged fraud on the
defendant The uneQuiyOcally and positively
denied Here was the issue upon which they desired
trisl There must be conflict Of evidence An issue OF
fraud rarely decided by direct evidence 1t was
generally decided circumstantial evidence and that
mind ordinarily considered an issue for the common
sense Of the Jury He had never known Of chancery
WAS presented where the Court had refused Jury The
Court took the papers, Teserying its decision.
UNITED STATES COMMISSIONERS OFFICE.
AlLeoed Matineer.-W William Carroll, a seaman
on the American ship Florence s. lockwood during her
late passage from Wilmington M a. 70 sIs
with having munied while on the voyage ana threat
cned 20 take the life Of the captain, oscar st. john
Carroll was committed for an examination.
The Bliss Bounty Fraud CdseS-Ihe case on J0hh 2;
IShisi Thomas Meehan discharged Union soldier,
charges Bliss with defrauding hun out OF SW extra
syIoy LAWYER testified that Meehan called him last
Winter aud asked him to obtain his claim from Bliss ne
fueebsnl stating that lie knew Bliss had received
The mouey from Washington; that he wit
nessl engaged 10 endeayor TO- get the money,
ON the condition that, If he got IT, ne
should retain One-hal that Bliss denied his liability but
COMPOUNDED the natter ne said for the sake OF peace,
Inv having $50 which witness divided with Meehan. by
sndiHe The latter check for $40 which Meehan denies
over having received. Abner B Newcomb. Secret SerV-
ice gent Of the Treasury Department testified that
Miss had told him in July last that no had made $4,000
I'm AK weeks IN the bounty business and that lie did not
know what L. N Brown his partner) had done with his
share but he had Kept his The case was then summed
mn decision being reserved There are two other similar
charges against Bliss pending investigation
An ALe0ed DeSerter.- Christopher Nj. Nelson seaman
ON the Danish bark FOreningeT, was brought before
Commissioner Osborn, yesterday, on charge OF having
deserted from the vessel The defense s that the alleged
deSerter Is an American citizen, by virtue Of having
eryed three years the union army although he TOOK
ont no certificate Of naturalization subsequent 70 recey-
ing his discharge from the army. The case was ad-
iourned for further hearing. -,
ToheyT Cause.-The following lottery cases were dis
posed Of Yesterday by Commissioner Shields: Allen
Thompson OF No. lGl Pearst for whom Benjamin Ward
Is hacker, for doing business lottery dealer With
out paying special tax held 10 await the action OF
the Grand Jury. James Hart Of No l76 Green"ichst'
against whom Detective Hunt testified that no SOLO
lottery policy ana he had not paid the special tax,
was also held 10 await the action OF the Grand jury
James sturgs Of No. PakTOw for similar ofense, was
also held for the Grand Jury. Several cases OF Ike
Usture were adjourned over