The New York herald., 1869-03-21

not think the Credit Mobllier had any property N
THIS state; thought the Union Paclnc kallroau naa
some a. collateral TO loans did not think tney hau
any United States bonds; they had been too hard up
Tor some tme for ready money to keep any n0aotia-
be assets on hand he did not tnink tnnt tnero was
$4,000 OF assets in the company's safe the finances
were not under his control but under that OF spe-
cial committee; Mr. Ham and Mr futile had the
c0ntr0 OF the finance books; he had the right OF In
specton OF those books but other control OF themi
all their United States bonds had been s0ld and even
certificates given ahead for their delivery when re-
ceiysd; they stl held some or these first mortgage
bonds but he believed they were all pledged as col
lateral to loans; some OF the land-grant bonds had
been issued as collateral for bonds; the blanks
for such bonds were now In the once. but be be-
eved no more could be issued till the trustees
authorized such further issues
When Mr. Durant's testimony had been concluded
Mr. Field asked that the matter be adjourned over 70
Monday and II Congress took no action till then he
would require Mr.. Durant to produce the books OF
the company, and requested -hm to refresh ms
memory as to the various facts on which he had
been questioned, and had been unable 20 give in-
Judge Barnard said that the adjournment could be
taken but that 1t was possible as he had Just been
informed OF the death OF Judge Sutherland's son,
and II his funeral should take place on Monday he
should desire to attend it. On this understanding
1t appears that on Thursday last an order was
made Dy Mr.. Justice Barnard, er DGrte, appointing
Mt w Tweed Jr, receiver OF all the property Of the
Credit Mobilier In this State and as the complaint
and afndavs gave reason to believe that the bonds
OF the United states and first mortgage bonds be-
longing to the Union Pacific Company were to be
transferred 10 the Credit Mobler, he was also made
receiver OF the bonds belonging to that company
1nrs, hne order oeng made sr pae was only until the
cause accompanying was made returnable the next
day. The previous motion being disposed OF, MIR.
fieiu called UP TINS motion, and asked that 1t be
Mr.. Tracy opposed the argument of the motion
at present They have been able TO get but one am.
davit, that OF Mr.. Durant, the only other one they
could have procured Mr.. Cisco's they had net at
tempted to get as Mr.. CiscO's, Edaughter had just
died, and 1t would have been scarcely decent TO In
trude on him at such time. He was sure Mr.. Field
would not have wished such q thing.
- MI Field disclaimed any such WISH but the grant
ing OF receiver, ex parte, was an extraordinary
measure, and the adoption Of IL showed special
urgency. He would not ask that the defendants be
special reasons why this motion should now be
commenced; and then, when they had opened If the
aiildayits, it could be made. the Testimony OF MIR.
Duranr, just given, he thought showed reasons for
their urging, but in addition to this he would read
the afidav OF the receiver to show the evasveness
Mr. 1weed's afidavit states that he went, on his
appointment to No. 20 Nassau street. the office of
the Union Pacific Railway, and, as he was informed,
the office OF the Credit Mobilier; he there found Mr..
Durant Mr. Bushnell, Mr.. futile, the assistant trea-
surer ii. F. Crane and Mr.. Ham. late assistant
retary OF the Credit M0biller and showed the order
appointing him; they told him there were no assets
ceeds OF bonds and that the only bonds OF the Kind
In the State were securities pledged for loan OF
$500 900 at the rate Of ss4o for $500. He went to
ne was only nominal treasurer Tutte being the real
treasurer; that he .(Cisco) had advanced the COM
the Fourth National Bank had also loaned the COM
pany on bonds; Mr.. Tweed then went TO the Fourth
National Bank and demanded the bonds, but was
refused, and refused Information as to the amount
Mr.. Tutte had previously informed him that the
company had overdrawn IN that bank s426.00o.
was removed to the ofice Of the Central Railroad
Company but on inquiry there was told that 1t had
,Mr. Barlow said that the receiver had come down
TO the Office Of the company utter trespassers and
taken possession attempted to do So the books
no order or process whatever entitled them. They
had, In the evening, invited them to leave, but to
avoid unseemly difficulty had not insisted on their
Mr.. Field said this, in fact was the difficulty.
Every form Of evasion had been pracGced in this SUIT
to be obtained from the books OF the Union Pacific
Railroad Company he feared would, unless the Court
put forth its arm, disappear also.
The Court allowed the motion to be commenced
AFFIDAVIT OF JAMES FISK, JR.
Mr. Field then read the following affidavit:-
making OF my af1davit Of the llth instant, upon
which an order was that day granted to show cause
why receiver should not be appointed the said
Union Pacific Railroad Company has caused Joint
resolution to be introduced into Congress for the
purpose among other things of oustng the jursdic-
ton has passed the House OF Representatives and IA
before the Senate Most OF the defendants in tins
action are not residents OF this STATE and inform-
ed and believe that IL their intention as soon as the
said Joint resolution Is passed. place all the property
Of the Credit Mobier Of the Union Pacific Railroad
Company In the charge OF one OF the defend-
ants not residing IN this State, who will remove the
same from this State in violation Of the injunction
naming Que OF the State until this terminated
have been told by some Oi the defendants that the
directors Of the Union Pacific Railroad Company
kept what was called q secret service fund
amounting to about $70o,oOO, which they, in
substance admitted was used for corrupt purposes
OF having privately appropriated large part OF il to
their own use am also informed and believe that
number o. members Of Congress have direct or
continuance OF It's present control the Union
Pacific Railroad; that $500 600 OF the funds OF
the SAID Union Pacific Railroad Company were ex-
pended by Its directors within single year in brbes
10 members OF Congre 8 and officers OF the United
States government, and that millions OF dollars
have been gwen 70 such members and officers as
bribcs In an indirect manner by giving 70 them
shares In the profits OF said Credit Mober either in
tnor own name or In the names OF relatives friends
or servants taking the same IN trust and that Oakes
Arnes who Is Representative In Congress and one
as ] am informed and believe urging upon Congress-
the passage OF bill authorizing the removal OF that
companys ONCE from the State OF New York. aud
aiming TO deprive this court OF all jurisdiction over
said railroad company, which SAID bill Ia now re-
ported as having passed the House OF Representa-
bes directly interested IN the transactions aSoresaid
or who have received or expect to receive covert
for their votes.
AFFIDAVIT or Adm II. wHrrMoRE.
The following afIldavit was also read I'll have been
informed nno,n by 2 person VINO had direct means Of
knOWieuBe, Uus VINO IN not now IN TINS state, and
beive that the Credit Mobllier OF America has now
and for long time past has had entire charge OF the
OF the Union Pacific Railroad; that in
said road its length has been very much
Increased beyond what was necessary, by making
long detoufs and curves nominaIly for the purpose
OF avoiding steep grades, but thai In reality the
grades Of the part Of the road thus constructed were
yery much sleeper than the grades that would have
been necessary II the road mad been built In
straight line ct such places and according TO the
original profile and alignment furnished to the gov
ernment ana tnat the real purpose Of the managers
1a tne Credit Mober In thus adding 70 the length Of
,ue ROAD was 70 get the additional subsidy from the
unted states and the corresponding amount OF FIRST
mortgage bonds and construct road at less cost to
tnem than would have been necessary on the origt-
na ms and profile; that the road has been built and
run 10 sucn reckless and imperfect manner that OF
l30 locomotives over sixty have already become use
iess party rom their own original defects partly
from tue aefective manner In wch the track IL laid
and sna par.ly rom the careless usage which they
nave received from thu servants OF the said
Credit Mobilier; that the said Credit Mobuier
In equippng said road and furnishing fuel and ma
terials therefor have made fraudulent and exorb,
tant contracts with various Companies composed in
the main OF members Of the Credit Mobter: that the
directors OF the Union Pacific Railroad COMPANY
have made contracts with certain coal conpsnies
formed by them selves and In which thev h.xssn ,na