New-York tribune., 1869-06-03
THE COURTS.
-, ..,,,.nDv vrsK- -RusHNELL SUIT.


EyoL - oot. @. S. Bushnell and others.
ppt@e coprt Chambers. Mr. Justice CaTdoEo p pre-.
siding-Ths motion mage " Fs AGAINST himself
Wn white Louis H. Brstol ana fsi9 "a oPoIly y & 70 uiS %
charge him from an arrest IN %o @ an w aN3dayit of Geo
Rnt s. tting out that Ehu 5perry ana Anna sperry te
plaintiffs IN the United 5ot Mrs sperry owns Ga shares
that he listed them 70 find II they had commenced tne
f6s management Of Erie, mere in
strumeLts in the hands Of others He saw the
nerFvs on three successive days and learned from them
tba Bu nnen Bristol and White had 70 them and
stated tney wished 70 get the right 10 use ther SneS
and the names 10 commence suit that Bushnell lau
had difficulty with Mr. FISK IN connection VIII ,,o
UriOn Pacific Railroad and that he (BushneiD wanted 70
wanted 20 keep his name concealed that WI! Witt and
allow their names to be used they (Bushneu Wnite au
case n stock an mar within ~ months aud the latter
we're 70 nave all they could make above par and that
they thought they could force the parties 70
and make them pay largely thst hl SpeiL5y pLy 6d the
mower o. attorney To Bristol 70 manage the btOCk anu u
Ia attached 10 tho papers Mr adds that he called
tine atte on Of Mr. spery the statements OF his o
sperry a Mr. Gould intended to proceed against those
who got the conspiracy bnt Only inc rear & SnG
came here and got my stock and agreed 10 hoid me
harmless" lie then asked sperry 10 come 20 1otR
come Nrs Sperry said TO him several people nave spO
have got a paper from Mr.. Bushnell protecting u.s. we
have not go any SUIT against the Company Ihe agree
power Of attorney Bristol and In consideration thereof
White atrees 10 guarantee, Indemnify, and save them
harmless from all cost and damage under said power
aud Sperrys agree that White shall have the option
of taking the shares at any time within II months, paying
therefor and that the sperrys would not for that time
sell the White 10 be entitled TO all sums re-
Mr Bushnell guarantees this agreement. Rust makes
further affidavit Of subsequent interview with the
Rh1eh and he had pIedGsd his word that ne CSperry)
sIould dollar for dollar for his preferred and com
mon stock Rust then said, They may brlng sulT
against Ou aud sperry answered, Il don't care. |
nave rot 0akes Ames and Bushnell my hackers, and
they GOOD hackers. The matter is coming on III tho
United States Court IL Will never come 10 tnab 4hey
Mortimer smith makes affidavit that the United States
nton by allegation that be had appropriated moneys OF
Company, and that he knows sueh allegation to be
Mr En-, It moved on these papers alone. complaint
having yet been published to vacae the order of arrest,
had brought this suit against four per-
residing IN Connecticut and that one OF these had
them, not coming within this jurisdiction. Mr. Emott
then read he adavs and papers on which the order OF
arrest based and then proceeded to argue hat none
Of the defendants the facts shown were Liable to this
action. Nj Sperrywas not for he had merely brought
sut 70 rec dividends stock Of which he thought
himself dyirauded AS for the others. they had done
nothing whatever TO subject them to suit Admitting az
that was charged they had done hoIm1g Ihal Dy ihs
laws OF Neg York was crime. They had merely AIDED
aud advised party to maintain his rights or supposed
rights Tie aiding OF person 70 orl1g SUIT was no
Jfense, ess the suit without foundation ana TINS
was not yet decided could not be decided until the con-
cusion of The suit the orlgnal SUIT must nave Oeeh
closed, thing not claimed In this case.
Mr. stOughtOn SAID tAat was the RUE IN SUIT loI ma
hclOus prosecution, bnt this was not such suit Mr.
Fisk was hot a defendant IN that suit
Mr. EmClt sand the atidavits must show In some way
that the original action was false and malicious, and
must be based on judicial decision IN that case He
would cto Judge BlachfOrds decision their motion
~ strike ont the bill in the original acton, on the ground
tntt 10 brought for improper motives That motion
denied by Judge BlatchfOrd. He understood the
other side % concede that until the decision Of that suit
the Erie Railway could not bring an action. How then
could Mr.. lIsk who was merely brought in as one OF
those having the management OF the Erie Railway Com
pany II ts were action by Mr. Fisk for defamation
he could succeed Any allegation suit justly and
properly IN, de 1t privileged The allegations
In the bl all pertinent to IT, II they
we're not Mr. Fisk 10 recover must prove that
they were falsely and maciOusy inserted. Nothing OF
tins kind appeared. As for the charge Of conspiracy, IL
was fac weapon, but in order be effective II must
be conspiracy do something wrong not an agreement
10 do a lawful thing.
Mr. Seward, in answer argued that the arrest was
strictly in accordance with the Code.
The viii he continued this morning Mr.. EmOtt and
MeSrs Halumond and POmerOy for defendant, Mr. c. A
Seward aud Mr.. StOughtOn for plaintiff,