The New York herald., 1869-01-14
suPUEnE coUaT-caAmBEas.
The New York Central Railroad Litigation
Cornelius vsnderbiltss Amdavit Wanted.
Before Judge Ingrahanl.

The New York Central Railroad Litigation
IS Cornelius vsnderbiltss Amdavit Wanted.
y. s Before Judge Ingraham.
Jenks rs. the Mem York Central Rdiy0dd.-This was
suit brought to enjoin the payment Of dividends up
on the stock Of the New York Central Railroad Com
pany. The suit was commenced about three months
SINCE The case came before the court yesterday on
motion by the plaintiff TO set aside order for the
examination Of Cornelius Vanderbilt. This order
was made under the 40lst section Of the Code sub. l.
MI Thatcher appeared TO sustain the motion; Mr..
Field contra En4 N
Mr.. Thatcher read the affidavit OF Cornelius Van
derbit In which deponent set forth that Saturday
evening last, about nine O'Clock, some person I'M
known to deponent. who gave the name Of Ensign,
called ct the Manhattan Club, asked for deponent,
. and stated that he wished depOnent 10 make an
alfdavit In an injunction case In which the New
York Central Railroad Company was interested tnat
dcponept told said person that the abors Of the day
were over aud that he should not bother himself
abou. any affdavk that evening; that he was ready
to make On AFFIDAVIT II called upon within the proper
hour to do SO; and depOnent further stated that
person was In attendance authorized 10 administer
An oath; and that no draft OF aldavit presented
deposition; thar between ialf-past one and two
O'Clock succeeding day deponent was served
with an order requiring hn 70 make an
for that purpose; That deponent sent . note
to said referee and that the referee replied
was advised ana believed that the order granted by
Judge Cardoxo, requiring him to make said afhdavit
ceainlcnt or Misrepresentation OF the facts, ana
was granted by Judge Card0zo under the belief that
deponent had absolutely refused 10 make any anl-
Vanderbilt to Mr.. Redhed, in which ne states he
had received subpoena at ten O'Clock that morning
at tnree O'Clock on saIno day; that il was Impossible
for him 70 attend on such short notice, and that he
would BE- happy 70 appear 2 before him n SLOWED
from Mr.. oedneld acknowledged the receipt and
stated that Mr.. seward, the opposing counsel, had
agreed 70 waive his attendance until the following
Mr.. Field then read the afndavit OF Mr.. Ensign In
sas s ne s s a aS mS
what Es Knew d the issue o. interest csFtdcstes q
pared 20 administer the oath II necessary and to
draw the anndavit; that Mr. Vanderbilt declined to
nent Il IL would cali a T Ss once ' on McndsS S mo nePo
ing he would tell him a about IT, but that ne did not
er Ss q S 70 % 40 S s
department deponent considered and understood hts
Mr. thatcher m % WAS not surprised that Mr. Field
omitted 70 answer the question Of law when the
anidavit was TO be presented In form. The law on
make the same, ana forh.r IThey Knew what they
required from the facs Of the case, and they came
prep ared and II the facts turned out to be different
70 what they underrtood the afidavit could be modj
Ned accordingly. But they did mot attempt 70 DO
t00ts Inc c0uuSci 0A&uucu tnet MI. NunuSruiit
swered In an insulting WAY, and also that Mr.. Van.
dcrbts aidavt was false Now, the afndavlt Of Mr..
| Ensign did mot substantially contradict what Mr..
| Vanderbilt said about the matter. 4as ~. f..e
Mr.. Thatcher proceeded to argue that the hour at
| which she request wns made was inconvenient and
ssss = wSua bs 20 make that no dram Of
\ Mr. FIELD said that the motion seemed TO prevail
| that person must present an afndavlt already
| drawn was something extraordinary IL was fnc0n-
sstent In fact that person should be prepared be-
| forehand to know and 70 say what was IN mans
mind II it was supposed that such was the intent
OF the law and n such were Che lntent OF the law
Il would be idle FOR him 10 attempt 70 deny IT, Mr..
j Vanderbilt said to Mr.. Ensign ut the Manhattan
/ Club where he was playing whist: III you want TO
talk 10 me ABOUT sch Interesting matter rs the issue
Of interest certificates OF the New York Central Ka
road Company, Will speak 70 you about u on Mon
day morning. lie refused 70 hold any coinmunica.
| ti0n with messenger The truth only was asked
OF him in relation 70 the issue of these shares and ~
Amer some further discussion Judge Ingrahan said
no did not tnink the law contemplated that such ap
plication should be made at an unreasonable nour.
He did not think necessary that there should be
written form OF aHidavit drawn. He considered IL
necessary that the party should be informed upon
what subject nc would be examined. Mr.. Wander
biit had said that n Mr.. Ensign would call upon him
on Monday morning he .would be prepared TO give
him information aud that until u appeared that he
had cailed upon him, and tnat Mr.. Vanderbilt had
refused, he did not think Mr. Vandcrbilts refusal
should be considered absolute. Under the cir.
cuInstances tho motion 10 set aske the order should
be granted. Tho other motions were accordingly