The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-04-07
UNION PACIFIC R. r,
deposition of the Directors of the
Company in the Great Fisk
e Case-HistOry of the
eb Road, Etc.
rhe Following was crowded out OF our columns
yesterday by the pressure of other matter:--


James Fisk, Jr., agent, against The Union Pacific
Railroad Company and Others City and County of
new York, ss. Oakes Ames, stockholder, and
Thomas c. Durant, John h. Allen Sidney Dillon and
Cornelius $. Bushnell, Directors OF the Union Pacific
RAILROAD Company, and defendants in this action
being severally sworn, each for himself deposes and
says that he has heard read the complaint and first
and second supplemental complaint in this action
and knows the contents thereof That as to the six
shares OF the stock Of the Union Pacific Railroad
Company, alleged by the plaintiff to belong to him.
the facts are as follows:-
That during the progress Of the work on the line of
said railroad contract made to enable said
Company 10 prosecute said work, which, by the terms
thereof, was not to be binding unless the same was
asserted to and confirmed by the stockholders of
said railroad. That the same was submitted to and
approved by said Stockholders and therefore legal
notice OF such contract and approval was indorsed
upon the stock certificates of said Company That
afterwards as deponents are informed and believed
said Fisk became the purchaser from party who had
assented to the said contract for the purpose of
enabling him to bring an annoying suit against tn
Company OF six shares of said stock of the present
value OF $780, thereabouts receiving for the same
certificate upon which was plainly endorsed lega
notice Of and express ratification of all the acts OF
which he now complains; and deponents are advised
by counsel and believe that as to said six shares o
stock the plaintiff Is estopped from making any com.
plant or demand against the said company against
any of the defendants in this action.
That the said plaintiff has other stock In the
said corporation, any interest therein, nor any
cause of action against the same or against any OF
the defendants herein except that arising upon the
pretended subscription to the companys stock, as set
forth In the original complaint and that, to said
stock II Is claimed by the company that such original
subscription was invalid and Of no legal effect; that
the same was made without any intention on the part
OF the paintiff of paying for the same, for the
purpose Of becoming q bona fde stockholder In said
company; that II valid, the belongs to parties
other than the PLAINTIFF that the alleged offer by
OF tender was by means of checks hereinafter set
FORTH and without the risk OF dollar OF the
plaintiffs money credit; and that in the inception
thereof at all times since the sole object of the
plaintin, as deponents believe and CHARGE was In
and by unusual and annoying threats and litigatons
to compel the said corporation to pay to him large
sum Of money which they were not legally liable to
pay in order to their peace and in order to
prevent the injury TO the credit of the company
which the threats and extraordinary proceedings Of
the plaintiff in this Court likely to produce.
And the said Sidney Dillon, one of the above
named defendants, further says, that since the COM
mencement OF this suit and during the month of
March last, he had conversation with the plaintiff
in respect to such subscription, at which time the
said Fisk informed deponent that said subscription
was made by him for other parties that he further
stated that he sent person to make a further SUBJ
scrptOn for the same persons to Chicago, and when
he had done all this he rendered bill for his SER
vices and expenses to his employer of $3.50,
which, ''damn them, they refused to pay" and
the plaintiff did not claim that any portion of said
subscription was for his account that he had
any interest therein and deponent is informed and
believes that his alleged complaint against
his principals is mere pretense, inasmuch
as he did not send an agent to Chicago or
pay any expenses in connection Herewith, the same
having been paid by the same person from whom he
temporarily received possession of the check with
which his alleged tender for said stock was made;
and the said John B. Alley deposes and says, that
the 10th day OF March last, he had conversation
with paintf in the city of New York, In which said
Fisk said that he did not make his subscription to
said stock in his own Interest," that he made it in the
interest Of at the request Of and to serve the
Directors of the Union Pacific Railroad; that they
behaved meanly that he was led to take the
proceedings against the Company. He said:-
81 made this subscription for them; sent q
man TO Chicago, paid counsel, and incurred other
expenses amounting to about 5000, and 1 thought
did it in their interest and for their benefit, thai
they ought to have paid the bill, but they were so
id mean they would not, and then l made up my
mind to try 1t on and see what could do that then
raised my price to s75,0O0 and as they would not
settle at that, propose to have 100000 and II
they don't accede to my demand I'll put it to them
until they have been damaged enough to conclude /,
is best to do it."
That in no part OF this conversation did the plain
tf allege or claim that the said subscription, any
part thereof, was made for himself, that he had
any interest therein; on the contrary, he expressly
stated that the suit was brought solely because
somebody had not paid his expenses, $780, as afore
said.
And the said Cornelius s. Bushnell says that he
had u conversation with said plaintiff in July last,
after the commencement of the suit in New York,
in which the plaintiff stated that said alleged sub
scription to said stock was made for two persons,
directors in said railroad and not for himself and
that he had interest therein, and that the
why he had brought this suit because his
principals had not paid TO him certain expenses he
had been put to in retaining counsel, and said he 81
have commenced my suit, and want large sum OF
money and il you do not settle with me, the papers
are made out land signed by the Judge for a re-
ceiyer of the Union Pacific Railroad, and he viii be
appointed e1 parte before o'clock tomorrow"
The deponent at first believed said Fisk's state
ments. and was much alarmed by these threats and
feared that the Company would be compelled 10 pay
almost any sum the plantifrs chose to demand, as
at that time the Company had many millions OF pro-
nerty An New York. which, If seized without notice
by receiver would have put an end temporarily 10
ali work ON the road. That no receiver was
J. apponted at that time; but fearing that the
plaintiffs threats might at some future tme' DC
carried into execution, the Company TOOK mea
sures TO remove 80 much Of its property as was
convenient out OF the Jurisdiction OF THIS Cour
before any formal notice of an application lOr ti'
appointment of receiver. Aud the said Thoma
G. Durant deposes that he was present at the time
of the making OF the said pretended subscription io
1900 shares OF the stock Of the company. ina
said Fisk informed the deponent that josiah Bard
well OF Boston, one OF the defendants herein, woult
sutscrbe for large amount OF the stock OF this com
many Il present; that Bardwell was expected IN new