The New York herald., 1869-01-22

cemDer last ana the pl<fnrln alleged, IN addition to
the fasts lgst sla!ed, that the capital stock aad mad
required vote Of the stockholders and said
that it was illegal, and asked mere tnat
ths defendants be eDjolned from recognizing
this excessive stock, either by voting on u or 0y re-
celving the bonds yet unconverted In exchange for
stock. The first motion now before the court was q
motion to show cause why the injunction OF pecem-
ber should not be enlarged 50 as 70 prohibit the
issue of certificates of Indebtedness or DIVIDENDS ON
stock to the holders OF the excessive ssocn ,s hs
next motion was upon Judge Barnard's order 10 snow
cause why Mr. Fr0thmgham and Mr.. Ogilvy should
third motion was an order to show cause why the
company should not ne enjoined nom issuing tnese
Mr.. FIELD objecIed to the argument OF the second
motion now, as Mr.. Seward, who desired to partic-
pate in that argument, was too III 70 be In court
Mr.. Seward should be present. as he had the ailda-
Wits Of Mr. rockingham and Mr.. Ogilvy here
Mr.. Field and Mr.. Vanderp0el both thought 1t de-
sirable that Mr.. Seward should be present.
DEFENDANTs' ANSWER.
y rfad e 20 20 the
motions ana in answer to the papers presented by
the other SIDE and read first the answer Of the de-
The answer denied that the defendants had no
right to larger amount OF capital than was liked
AZ and claimed tSas the Whole sa
OF stock charged 70 be excessive issued In good
faith for the sole and exclusive benent OF the de-
OF the Legislature passed in 1850 and 1S53 the former
being the general Railroad law and the latter an act
they hold their powers under loan which author.
lZed the exchange OF stock OF company with the
other; that the issue OF the stock was publicly and
openly made and had been openly mentioned In the
reports Of the Executive Committee to the Legisla-
ture; that 1t impossible to distinguish that
appeared upon eendans' books as one OF its stock
holders that the defendants believe that plaintiff
was "short' Of the stock OF the New York Central
Railroad Company and brought this action to de-
press and deprecate the value OF the stock In the
market for his private benefit.
The defendants' answer to the supplement
tary complaint Of the plaintiff In relation TO
the issue OF their "interest cercates sets up that
since the passage OF the resolution mentioned IN the
supplementary complaint the defendants have is
sued the certificates to the stockholders Of the CON-
pany only, and denies that said certificates were
cess OF the stock claimed by plaintiff to have been
excessive. 1t also alleged that the defendants had
@ to ss e n
penses OF the road keeping It in order and increas-
Ing its facilities and that these certificates repre-
sented the amount OF that outlay. 1t denied also
that said interest certificates have been issued
to the amount Of 800 oooo 900, as alleged IN the sup
Elementary complaint and averred that they were
Issued only to the amount OF eighty per cent upon
$40, 712, 900 OF stock and no more.
The affidavit OF Daniel Torrance vice president OF
the defendants company set forth that the interest
certificates have been issued to the stockholders
holding stock to the amount OF eighty per cent upon
issued in good iaith, and without violating or intent
to violate any order IN this action, and that none
s a On e
OF January; that the majority Of the persons
to whom such certificates were issued are residents
OF New York city and vicinity and that nearly all OF
them applied for and received the certificates TO
which they were entitled; that many other stock
holders living In more distant parts OF the state have
applied for the certificates and have been refused
because OF the order OF Judge CardozO; that more
than 600 Of TINS Illegal excessive stock was s
prior to 1866 that 1t is impossible to distinguish
1t from the $23,0s5.o00 mentioned In the agree
ment Of cons0lidation that 1t was openly and noto-
riously issued, In compliance with and under
authority OF law and not otherwise and that the
the par value thereof that the lnjunctions and
orders made In this action have very Injurious e
feet upon the company and the interests OF It's STOCK
holders, and deponent prays that the same may be
The afiidavt Of Horace F. Clark was next read in
rebuttal Of the allegations Of the afadavit Of Henry
Thompson, upon which the Joint resolution 10 show
cause was granted. The affidavit OF Mr.. Thompson
70 get forth that was
with the transactions OF the stock market;
with the defendants stock, and with the manage
suit granted the defendants had secretly agreed
not to issue any cash dividends but had agreed TO
issue these interest certificates to ali the holders OF
stock Of the defendants, irrespective Of the fact
whether they were bona de holders OF said STOCK OF
whether said stock was issued IN excess OF the
| amount which the company was lawfully empowered
70 issue. The afdavt OF Mr. Clark set forth that lac
is Of the directors OF the deendants that said
| defendants have never, at any time agreed not TO
declare any cash dividend for their earnings, OF
agreed to issue In lieu thereof certificates OF ndeb
ponenf further denied every allegation Of said afda
VT rs to the intention agreement Or propositions OF
The next paper read was the anidavit OF W. u.
Hunt, counsellor tlaw, VINO deposed that he had
| examined the papers fled with the clerk OF this
filed the part Of the plaintiff obtaining the first
order OF injunction was signed by James Fisk Jr,
George q. Hall and Isaac N. jerks. in the sum Oi
81, 500; the second was signed by william Belden
and Isaac n. jerks, In the sum OF $4,000
Mr.. Fairchld remarked that II thus appeared tnai
there was only $500 Of security given upon the
granting Of these inJunct0ns, which involved very
i large amounts OF money.
| Mr.. vanderpoel said he guessed that was enough
| to secure and cover all the damages the company
could sustain IN this action twice over.
Mr.; Fairchld did not think SO and. after express
| ing that opinion, the matter was dropped.
Mr.. Fairchd then read, IN answer to the AFFIDAVIT
| Of Isaac n. jerks, the
sUPRExK CouRT.-Jsqks rs TIE Nev York Ccrfnai Raj
srd c e S I, rI s.,
2 Be q DE sadsv mad; y I.sss j.ns.
and dsponsnt never heard therein
& 10 ss ss o q %
pany shortly prior 70 the 18th day Of December s and say
Depon.n, further sh.. he does no, believe tina,
tin that deponent held on the night Of December ~ l3o
sos
his Adavt to contradict said say q The E.sin.n
sworn January n. isss-ouAs r. nossEs, Notary Public
This affidavt was received with burst OF laughter
and AZ q reply ts the affidavit Of jerks was pro
/ nounced "a model document
This closed the reading OF the papers, and
/ Mr.. vanderpoel proceeded to open the argumen
4 on behalf OF the plaintiff. and having concluded wa
1 followed by Mr.. F2irchid for the defendants. Tn
| further hearing was adjourned until to-day.
1 The Rogers Murder Case-Habeas Corpus Ia
the Discharge or One Of the ssJims - an,
Certiorari 70 Discharge His Brother ssMike.'
/ Yesterday morning Mr. Justice Ingraham grantes
the following writ Of hsbess corpus
The Pcoyls Of ~ Of Cnpsrn Alssr, n "A
nsenSrs Preci~a Mfyoolttsu Pss Of he Cr n Ne Yovi
greg We command that you have the body OF jaime
IoGAn imprisoned and detained II said toQethe
of such and detention
BY he shah be called charged before th
Honorable Of the Justices OF ou1 Supreme Court
ChAmbers No. m Chambers street, In the city OF New York
the nd Of 6 eleven O'Clock In the fore
and receive what shall then and there be cousd
concerning him, have then there this writ
uf ihouaa