The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-13

Discharge Of Ramsey Pruyn and van SeIAen'
burah from Custody-The Road In tne nanos
Of the Governor's Appofntees-Exa"''na
Before Surrogate Lawton-S'"'o"e"' W
the Fisk and Ramsey Attorneys
ALBANY, Augr'
rr, .x,,,r Messrs Ramsey --s' 10 iooes
Ihis mornnns ..o,rnt Pruyn and Van
Vaikehpuieh VIZ" =, pefore Judge Clute TO
answer the charge VI on,emnt Of Judge barnard.
Aessrs' He' -.nith r. w. Peckhain Jr, Samuel
nah"' % .. Eoak and N. F. Allen appearing US
counse for the defendants, and Mr.. N. j. Hadey Tor
W. Sheriff. Not more than half a dozen spectators
were present, and the trial was concluded IN Few
minutes. The counsel for the defendants objected
10 the return OF the Sheriff. rather to the aidavits
attached to the return, as constituting part VI
said instrument, and held that as no affdaVis had
peen served the prisoners The writ OF at'acueh'
was the only authority by which the sherln neiu Tue
defendants In custody the alidavlts not cohsutu'
ting legally any part OF the process upon 'his
pround they claimed the discharge OF the prisoners
Ju,sre Clute thereupon stated that he shonid u.s.
charge the defendants upon the ground taken by
the counsel for the defence that the process was H.
comuete the afidavts not having been served upon
the prisoners; and on the further ground that the
acts which the attachment charges AS being con-
tempt of Judge Barnard, were performed under an
order OF the Supreme Court, appointing the DEFEND
ant Mr.. Pruyn, receiver. The prisoners were then
released and left the building. Mr. Van Vaikenourgn
proceeding 10 the Albany and susquehanna haliroaa
depot and entering upon his duties as acting super
,ntendent in the absence OF General McQuade at
the front. The first business OF the day was to re.
ceve a detailed report from conductor Thomas A.
Mccormick, OF the express train seized at
Binghamton by the Erie party on Mon
day. The conductor was present during the
collisions of Monday and Tuesday along the
Of md nj
His train was the express NO 81, and was to have
started from Binghamton Monday afternoon at half
past two O'Clock for Albany. About noon on that
day he heard rumors of impending troubles and
moved his train from Its usual station on the track
In front OF the Binghamton ticket Office to the rails
Of the Albany and Susquehanna Inc. There were
about one hundred passengers, some twenty Of
which were for Albany There was quite crowd
assembled about the depot in anticipation Of trouble,
but no demonstrations were made until just as the
train was about to start, when superintendent
Pratt of the Susquehanna division OF The Erie road
accompanied by the sheriff OF BYoOme county,
and number OF subordinate officials seized the
freight and telegraph offices Of the Susquehanna
road, and taking the engineer from the locomotive
put in his place an Erie engineer. The train was
then run back upon the Erie track and an Erie ell
gine attached 10 the tram, while the Susquehanna
locomotive was run OF en- siding, with two other
engines belonging to the same road which the Fisk
party had seized. At quarter past 1--WE
+. NJ the Train was allowed to proceed,
q
superintendent, Mr.. Chauncy Gardiner, appointed
by Mr.. Pratt, conductor Mccormick remaining
on board and attending to the passengers. Six
miles from Binghamton the Albany train for Bling.
hampton was met, and the conductor OF the latter.
taking alarm. ran back Immediately to Albany. At
Tunnel station, fourteen miles from Binghamton,
two cattle cars were found OF the rails, evidently
placed there for the purpose Of obstrucung the
possession OF Tunnel station. aud afterwards Of
Harlersvle station twenty miles from Bingham
ton. AT this point the Sheriff informed the
ha1 iunI ut
the border Of the county and limits Of
has jurisdiction. The train proceeded as FAR as Alton
twelve miles east Of the tunnel where three rails
were found torn up, and the train halted. Here Con.
ductOr Mccormick received telegram from Super.
hm TO stop at Alton With ,Se tram nna sGGng
orders and to look out for his lie and the passen.
gers. Anime O'Clock on Monday night McCorm'c:x
notified Gardiner the Erie superintendent TX
train that he had no control OF it beyo- on the
that the train would be disconr'- --d Alton, ana
them u1ee'' left io the ~ snpurgh The passengers
Harne'- ; .raln, which was taken back TO
~-.svIle, in Broone county. There orders were
received from Pratt at BlnghamtOn to proceed east
again with the engine and one car. AT cambridge,
seven miles east Of Alton train with the Albany ON
cials serving the Ramsey notices upon the sherrs
along the line was met, and the Erie locomotive and
car m ans 10 VITA '1e a pay
afterwards the readers OF the HERALD are already &C.
quainted.
Mr.. Prayn as receiver Of the Albany and susque
hanna road came up before surrogate LaHton to.
day, Amasa J, Parker and John Gansop appearing
aoaS for tie kEsey teres e Ths OBJECT ~ this
proceeding is to take testimony to determine the
exact character OF the authority under which the
Fisk and Ramsey parties acted in the contest be.
tween Fisk and Pruyn for the possession OF the
Be ss na as last d sura an IT.
der was issued BY Judge Barnard, Of New
YORK, appointing Fisk and Courier receivers
appointed receiver, the order could not, though pos
Aby signed before be operative till the opening Of
morning. at nine O'Clock Armed only with his
order OF appointment as receiver, James Fisk, Jr.,
at eight O'Clock on Saturday morning took posses
sion Of the office and property OF the company. He
waA forcbly elected from the office, but got In peace
ably before nine O'Clock, the hour when the order
appointing Pruyn receiver could first have any legal
efiect AT that hour Pruyn produced AMI presented
TO Mr. Fisk his order Of appointment and demanded
ana niece followed which has been already pub.
lshed. There was q general row, with the result
that both parties renamed In actual possession
until the action by Governor Hoffman yesterday.
But few persons were present az the examina
lion to-day, the pubic seeming to have very little
george F. Clark the telegraph agent Of the Attain
tic and Pacific line at Poughkeepsie, testified that
NO dispatches had been sent 10 Judge Barnard or
received from him, over that line On either the 9th
or 7th OF August.
the transactions OF the past few days, which have
already been made public. They established the fact
that Fisk entered the Susquehanna Office forclbly,
Thomas X. Fox operator OF the Union Telegraph
Company at Poughkeepsie, testified that dispatches
had been received and sent by George G. Barnard on
Friday, the 9th. On being asked to produce them
he said that he had been ADVISED by the President OF
the company, William orion, that the dispatches
were Of personal nature, and had no connection
with the controversy and therefore that he need not
give them in evidence.
Mr. Smith SAID that Mr. orion was not the Judge of
the relevancy OF the dispatches to the case and de
manded their production.
The referee decided that they must be produced,
and the following dispatches were then given 10
evidence
NEW YORK, August 6.
Matters postponed by O'Gorman to Monday Foks
At Branch all right How is your motherp
l6 pd. a. JAMES Ii. COLEMAN,
No.2
PoUGHKTHPsIR August 6-5H Pm.
foJAooB II. COLEMAN, 79 Nassau street, New York;
Very low. GEORGE q. BARNARD.
2pd 90
NEw YORK; August 6.
New without fail tnni Anau Ca