The New York herald., 1869-04-15
The UNION PACIFIC RiMRoAD WAR;
Bush for the Corn Exchange
Bank Diggings.
Five Millions of Dollars i'm
Prospective.
sufErmF SPECIAL TE5a.
Before Judge Barnard.

Before Judge Barnard
William NJ Ttreta Jf., Receieer, Gc., rs. Henry c.
Crane end me corn Exchange Bo,k.-Ths Is o new
suit in this celebrated contest and was brought up
for arbtrament before the Judge Of the lists in the
various ousts that have already marked the progress
OF this tournament OF ssIhe Field Of the Cloth Of
Gold,r Judge Barnard. The case came up yesterday
en- an ordsr to show cause why the IS, 100000 al
elaed to be In the Corn Exchange Bank should not
y paid over the receiver, Tweed Jr, deposited
u Bome trust company.
Messrs. David Dudley fieid and Dudley Field ap-
Dearcd as counsel for the plaintiff Mr.. Clark Bell
appeared for defendant, Crane and Mr.. Charles
Tracy for the Corn Exchange Bank.
At the opening OF the case Mr.. Field, addressing
me Court, said-if your Honor please, have a mo-
lion In the case Of William Tweed, Jr., receiver,
against Henry c. Crane and the Corn Exchange
Bank. The complaint alleges that there is on de-
post in this bank, TO the credit OF Henry c. Crane
large sum OF money, believed TO be two millions of
dollars which is really the property Of the Union
Pacific Railroad Company. Upon that your Honor
granted an injunction against Its removal from the
bank, and / have here affidavit OF the receiver,
stating substantially the facts and order to
show caGse why the money should not be paid into
Court.
Mr.. Tracy--Read the a11davit.
AFFIDAVIT oP RECEIVER TWEED.
Mr.. Field read the afldavt, Us foows:-
"Willam NJ. Tweed, Jr.. beng duly sworn. says
that, he is informed and believes there large
amount OF money, amounting to9three millions and
upwards, in the Corn Exchange Bank belonging to
the Union Pacific Railroad Company, but deposited
70 the credit OF Henry c. Crane, which was there
when the injunction herein served, which draws
NO interest, and that the said money II deposited,
would draw interest ut the rate OF four, Ave or SIX
per cent" Those are our papers, sir.
NJ 7 f,t.,t ft,rri ~ off fbo
facts at ALL Anything besides that Mr.. Field
!, Mr.. Field-That is all, sir.
Mr.. Tracy--t don't even tell where he got his in
formation. Have you got any thing else to read?
| Mr.. Field-l have got nothing more IreieIred to
the injunction. Of course that IS read.
Mr., Tracy--That Is all on Information and belief
tAlsO There is not particle OF evidence In this case.
! Mr.. Bell--If the Court please will now read the
Amdavt Of Mr.. Crane. one OF the defendants here.
Henry q. crane one Of the above named de-
being M duly swSr ns dep8ses LEI f AMI
Railroad Company and was not at the time Of the
commencement OF this action. bat that he is
director thereof. Second, that deponent has not
NOW nor has he ever. had on deposit any money to
his credit as trustee In the Corn Exchange Bank in
for some time past had an account with the Corn
Exchange Bank OF the city Of New York in his own
bank account, on which deponent makes deposits and
draws checks; that he has deposited with or loaned
sums ma Of money ana has drawn aSainst il by CHECKS
in the usual course OF his business; that at the
time this action was commenced there was balance
due this depOnent from the said Corn Exchange
the complaint in this action or In the adavt Of the
order so based for an any such
sum or sums. Fourth, that the balance SO due this
IS iDIasn the private rU pre- properly of this Seponsnt
and belongs exclusively to him in his own
rsSo Sat 1S i s no 10 S
thereof n the produce Of the bonds OF that company
q S s su Dy q ns
~ untruly alleged upon Information aud beef m the
complaint In this action That no part Of said bal,
the commencement Of this action was for money re-
celved BY this deponent from the Union Pacific Rail-
and that no part Of the same is held BY this
asponsnt IN trust directly A or ilnn indirectly ciSr fer
Railroad Company. That on the contrary,
the same is the personal and private pro.
piaiHtis comp amt aud in his said sndavlt in rea.
ton thereto particularly alleging that the same was
sSs same rom TS tSe pIant or any person. IS wholly
falBe and untrue. fifthDeponent further says that
ne was not at the time Of the commencement OF thls
action, nor had lie been for some time Immediately
preceding that date, In the employ OF the Union
Paci1c Railroad Company In any capacity, and that
no occasion did he ever draw upon hts said pri-
vate account In the Corn Exchange Bank as afore-
SAID. upon or in Obedience to & the orders and and
company. sixtn-Deponeul is informed aud
believes that at the time OF the commence.
James sFisk, Jr., against the Union Pacific Railroad
COMPANY aud others mentioned III the complaint In
ahls action, was not pending in this court, nor was
tue same pending therein &C tue time OF the alleged
APPOINTMENT OF the paintin as Receiver, Us In the
S,a neyer was awuy I anp"insed Receiver OF the
Union Pacific Railroad Company. and that he Is not
the lawful Receiver thereof; and deiendant denies
that the pairtin this action has any right or cam
legal equitable, to the said balance Of deponenps
bank account or TO any part thereof; or thai this
oi deponenrs account or TO any part thereof W
he so deposited or disposed OF as mentioned IN the
order 70 show cause. made In this action and dated
Mr. Tracy-I have IN anldavlt from the Corn Ex-
change BANK the other deiendant--the affidavit OF
AFFIDAVIT or ras PRESIDENT or THE CORN Ex-
CHANGE BANK.
Edward W. Dunham being sworn. saws that ne Is
the P.esldent OF the Corn Exchange Bank above de.
fcndant; that the above named Henry @ Crane Is
aud loag ha3 been esaler with said bank, and nas
kept and now Keeps bank account vii h said bank,
UPON which he receives credit for moneys paid nto
said bank; that saia account has Ueen aiid is in
the name OF said Henry Z. Crane Alone without
any addition or qualification, and said deaiines
have been and are with him alone; that ali
moneys paid into the bank ON said account ~ Tar as
the bank or this deponent has any knowiedge, or
notice or belief "a TO same. have been the proper
moneys Of SAID Crane In hs own right; that no
money Of said Crane or IN anyw, undcr ns care or
this suit, nor ut any time Since but said Dank tnen
did and now does owe TO said Crane tne balance OF
said account, payable upon his denanus or cheek;
and the said bacc "a n0t the sum OF So 100000 nor
thercabouls, tne sum OF sa0Jo,oJ0 and upwards.
nor any ike sum- and that this depopent ana the
said oaak are informed and advised, and TINS de-
ponenf believes, that the plaintiff. William NJ. Tweed,
Jr., las right, authority or office OF Receiver,
as In lne oncd, and that there "a no
such suit as al ne complaint mentioned pending IN
this court, and that said Tweed has not been
directed permitted to bring this suit and also
that the SAID bank IS not bound In law 10 pay over
auy bioneBs which IL owes 10 said Craae and SAID
Tweed, or to any trust company or other person,
unless upon Judgment therefor duly recovered In
action to enforce The payment OF the balance as
debt; aud that deponent says the balance due to
pad Crane Baiu account iS not payable until duty
demanded by hln or by his orders, ana that no such
demand or order has been presented 10 said bank,
except that some OF said Cranes checks drawn
before have been presented since the commencement
OF this suit and ay nent tAereof refused W reason
OF an Injunction Ia THIS suit.
NOTION toN RBFFREHCE.
Mr. riel1 then Asked for n rccrance To ASCERTAIN