The New York herald., 1869-03-16
SUPREME COURT SPECIAL TEEN
The Merchants Union Express LStigaSies'
Another Plaintiff in the Field.


Another Plaintiff in the Fiead.
Before Judge Cardoyo.
Charles B. Harris cs. ElnsOre p, Ross, President,
Gc-Pursuant to adjournment this case again came
up yesterday. The defendants oAered to discontinue
the suit on the part Of Harris, but presented petl
tion by W. @. Williams, the owner OF fifty shares OF
stock TO DO bought In az party plaintiff. The de-
PENDANTS presented anidavts in relation to the con-
nectl0n which Harris had with this suit
The anldavit Of Orlando W. Josyn went on to
state that he had heard read the afadavit made in
1863; tiat on the l7Eh OF February last Harris
called az his Oilicc, and upon being introduced to
deponent sal IN substance that he had been taking
relation to the Isrchants's Union Uxpress Com
pany, OF which company he said he was q stock
anu ,n ~ @ 70 rnt0ps re Is sain p,
DepODent informed Harris that severalpf his custom
ers were largely interested az stockholders In said
company; that their STOCK had been purchased at
price much higher than the then market price; that
they had been informed that the affairs OF SAID CON-
y aad eea ea nc n o
tions with Harris, who expressed himself willing
and ANXIOUS TO put himself forward In the suit
Harris said he was willing TO fight 1t out and
tnat the managers or directors had not
enough money to buy him or. Deponent lent
security Harris having informed him that 1t TO
pay on brokers' loan. Alter the complaints had
Deen verified Harris asked dep nent Tor the loan OF
nent declined to loan SAID sum- Deponent further
den ed allegations Of Iarr.s that it was agreed
that he (Hlarrls should receive 5000 when o re-
ever woud be appointed or that ne had any busi-
ness relations with Adams Express Company; tnat
a the allegations III the aldavit made by Harris
relative TO promises on the paft OF deponent 10 OBJ
tain him situation were Denied Dep0nent further
says that when Harris told HIM he was of1ered
situation on freight line in CINCINNATI. and that
II ne accepted 1t he must leave New York that
evening at six O'Clock, dep0nent advised MIN
TO acept &c ret Il Harris rher ws
Adams Express Company and that he agreed to
give HIM salary or $500 and expenses during the
should be appointed; that, becoming suspicious In
regard to the fidelity OF HARRIS dep0nent deemed II
advisable 10 yieid seeming compnanceM M WIN wnat s
endanxer or expose 10 sacrifice the interests OF the
stockholders Depooent further says tnat Harris IN
his atdaviJ has misrepresented and perverted what
took place between them; that the under
standing with Harris was clear and distinct,
the the benett @ Of the stocknoders Of the Merchants
Union Express Company, represented by depOnent,
who had not assented to the consolidation, and suca
others as chose TO come In and that no disposition
OF the action should be made without consulting
with them or without their concurrence, and that
and management OF the suit, and Harris agreed that
he would do nothing In the suit without teir con-
currence Deponent further says that IN what he
has DONE above stated, he believed, and still be-
eves that there was nothing Objectionable, or that
was not strictly right Or proper.
the AFFIDAVIT OF William b. Dtnsm0re was also
read and declared that ne s president OF the Adaus
Express Company and has been Tor several years;
tnat he does not know Charles b. Harris never saw
him to his knowledge, and never had any connec-
ton with him directly or indirectly; that 1t is untrue
that this action was commenced at the fnstigation
pany, and that that company have not had any con-
nectI0n with or interest In tlis suit and have had
nothing to do with IT. that It ls net true that said
Adams Express Company have extensive or any
business transactions with .. w. Joslyn; that Mr..
Joslyn Is not aud has not been indebted
Express Company Iavs never agreed or prom
sed 70 give Harris employment, nor mas the subject
ever been susgessed 80 TAT az dspone&ns mt knows
municatlon or intercourse with the said y. w. Josyn
in regard TO this action.
Adams Express Company. was also put iD evidence,
and averred that the deponent had no intercourse
TINS acilon is brought at the insgatloa Of or in the
interest OF the Adams Express Company or those In
any way connected with II, or that the Adams
nection Ris " with ti,ls action; that i. is untrue
that said Joslyn Is indebted to the Adams
money, and Josyn has not 0een indebted 10 SAID
company in nny amount whatever IN connection
transactions and Joslyn is not now nor ilas he ever
been indebted SAID company; that transactions
have been had between SAID company. deponent aud
J0sIyn In respect 70 any VI the matters involved in
this action
the defendants read an anndavit that Mr..
owner or the stock. In reply to tins, plaintins'
counsel read an affidavit that Williams mad been
an original subscriber, and that he had, though he
had from time to time changed his stock, always
had that number or shares.
The Court decided tnas there was question pre-
liminary to the merits Of the motion to whether
the new plaintiff, Mr.. Williams, could come in In
the suit by Mr.. Harris after Harris had attempted 10
discontinue the suit ana this preliminary motion Il
TO be argued to-day ar ten A. NJ. N
Mr.. Stougnton, Mr.. Burrill Mr.. q. A. Seward and
ex-Judges S.rong and P.errepont for piaintifr;
ex-Jud2es Van Worst, Comstock and Por.er and
Mcssrs. Sewe and Pierce Tor defendants. Mr.. Rey-
nolds for receiver.