The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-16
SUPREME COuaI-spEGlbl Tenn.

The Erie Rnilrond War--ss5, GG1,00G Involve
cG--lMotioa TO Have a Jury Tria-C0mm0-
dore Vanderbilt Charged WLth Conspiracy
ana FraUd-nIcrc piclSiurs for TIE Lawyers,
Before Judge Barnard.
TIE Erie RGtlrGg rs. Cornelius FGRdeTbttt.-T'hs
was an application FOR trial by jury OF the whole
issue In the case, and made on The pleaaings by
Mr. Rapallo, who, in moving FOR The oruer referred
TO the provision of the code jnsfying his MOTION
and said.-We propose 10 suggest to your Honor
that THIS Is case which, from us nature, ought TO
be tired by jury Il is an acJion to recover about
i've mitltons Of dollars tue alleged
ground that the defendant combined ana connie ed
wIth the officers OF the Erie Railroad COMPANY TO
deiraud that company cut OF S5,003,o00 OF there
abouts by inducing those officers for private motives
OF their own, to pay for llim S5,00G,090 for stock
which was hot worth anything ike tnat sum. Ine
character OF tue case. nvo.vlng as II does, fraud
ana numerous questions or fact, the MAGNITUDE OF
the amount nyoyed ana the character OF the testi-
mony are such tnat II seems TO US court would
Willingly take upon Itself the labor OF investigating
these questions OF TACT aud t would be more sans
factory To the court, well 10 the parties to
have them passed upon by jury. As to the prac-
tice III such cases refer your Honor TO an opinion
OF Judge CardoZo IN the case OF Clarke against
BROOKS 90, Eowaru's Practice, page 29I).
. Mr.. DAVID Dudley Fiaid. IN opposing the applica-
ton, said:-This case mas been issue, SIR many
months, ana the gentleman who now moves 10 send
it 10 jury has brought IL 10 tile Special Term him
SELF on Two Observation-Disclosures. Ia May slud Septem-
Der OF this year. jhs therefore, Is motion by tue
counsel to undo what he himself has done-to take
the case from this calendar and put IN another,
when ne himself has brought II here. THIS ~
which ought 10 be tried at Special Term. There -
no more why IL should be sent TO Jury than
any otner The prayer for reilcf Is f0urfold.
FIRST, Tor injunction restraining tne transfer OF
bonds; second, that the bonds be delivered up
TO be cancelled: third, that IL they cannot
cancel deliver up .he bonds, they
shall give indemnties against guarantee Of
the Erie company FOR the bonds; and fourth, that
there be recovery OF the price paid. Now, this Is
not q case ia which jury trial is required by law or
by any rule OF the court. II is o case between the
Erie Railway Company and Commodore vanderbilt.
IN which the question whether Mr.. Vanderbilt made
a fraudulent transaction with the company by
which he got 000 or S. 600 900 out OF it, - the
sole question IN the case. VINO can tell there will
be any conflict oi evIdcnceg WHAT right nave they
to say that Mr. Vanderbilt VIM deny the story that
will be attempted 10 be provedy This application IL
reflection The cOurt, that IL is competent
try u case In which Mr.. Vanderbilt is concerned. |
don't know why Mr.. Vanderbilt Is entitled TO any
different law from any other person.
Mr.. William a. beach. Of Troy followed in sup
piance with 1t, winch materially strengthened Mr.
RapaIIo's position. Towards the close he dis
canned any intention On behalf or defendants
counsel TO cast any reflection on the court the
matter.
Judge Barnurd-t will ionk at the points and de-
eide in the course OF a day or two.
For plant u.s. David Dudley Field and Dudley
Field; fer defendant, Horace Il. Clark; William A.
Beacn, OF Troy. aud Charles A. isapailo.
Decisions Rendered..
by Judge Barnard.
Gcrdiaa rs. h0o6e.Motion Tor new trial denied.
Mckee ~. hNtpye Setclay Machine t0BtndRH-
Case settled amendments allowed.
PtStor Is. BidHdWW and otteFs.--Demurrers sus-
tanned.