New-York tribune., 1869-03-30
DAILY TRIBUNE TUESDAY, MARCH 3d. 1869

AItef some confused discussion what were
before the Court on this motion. Mr.. Mactarane COM
menced his argument for Mr.. Durant He claimed that
the original order O reference to Mr. Reded was made
IN aid OF olon 10 show cause returnape Apti ~ why
a Receiver OF the Credit hobiller should not DC ap
pointed The order to show superseded by the
act Of the Court in appointing Receiver. Mr. Durant
came before the Court and made explanation, fully
purgng himself OF all contempt The Court had no at
thoriy compel Mr. Durant to produce those books ana
papers When party denied under oath his ability 10
mSteT EaeTo Ills HHs oath a' muss @ be S taken as truth
Inc complaint charged fraudulent contract made Dy
certain Directors OF the Union Pacific Railroad Company
with certain II these contracts were execuory
possibly there might be ground for Injunction but
could be done call the fraudulent Directors and
the fraudulent Credit Mobier 10 account and compel
trustees for the benefit Of the injured stockholders III
the Credit Mobiler charged with Insolvency then
whole OrarGmen the complaint that the Credit Mo-
ber had some property which rightfnly belonged to
the Union Pacific Railroad and on claim OF THIS KIND
the extraordinary order made for q receiver
not Only to take possession of the property OF OF
the Union Pacific Railroad Company In tho hands
OF the Credit Mobnier and restore 1t TO the
possession Of the ghul owner but 1t dispossesses the
in Its hands; and this suggestion that this
property might be transferred to the Credit Mo4ier "a
Railroad OF its property without due form OF law There
lane read thein) but no prayer for Receiver.
The exempfed copy Of Judge Blatchfords order hav'
Mr. Field replied sefatm to Mr. MacFarlanes points,
complimentng him on the manner IN which he had pre-
merits and those he little premature AS to
the other pointsthe first that the contempt proceeding
suppressed by the order for receiver recital
Of dates repeatedt The attachment issued on the
18th. the receiyership was constituted on the lgth.
thought that lie could and that the order were granted
Mr. Durant would reach LudlOwst but the books
the SUIT being founded bank Of fog he would not
enter into the merits They thought they rested on the
granite Mr.. Fisk showed rights the owner OF DOtn
5000 and 10000 shares. lie had been deprived OF those
rights by gross breach Of the law and invoked nd the
stoekholder he had such rights. But so far they
Dnrant. Mr. Dlnnt had refused to be sworn:
Mr. Tracy denied that he had SO refused He had come
before the Court and been sworn and had testified two,
II not three, days witness before It.
Mr. Field reminded Mr.. Tracy Of the Scrpural state
report that Mr. Durant had refused to testify Eat present.
Mr.. Tracy said that this was refusal and Mr. Durant
had always been been willing to go on the stand % m ,r,
that Mr. Durant should now 30 ON the stand and explain
Mr.. Justice Barnard said that satisfied he had
the power to commit MT DuTant but certain questions
had been presented to him which he desired time 10 eN
them.
confused discussion thereupon arose. during which
Mr. Durant was called 10 the stand and In response to
Mr.. Fields questions testified that during the past
directed Mr. Tutte and Mr. Crane to send to Mr.. Ham
come In; he understood from them that Mr. Ham was
message TO Mr.. Ham, but 1t quite likely that OF
the Directors had advised him not to RETURN Of
suit and had been told that unless they come down"
had been his Informant.
oliver Ames had been at the Fifth Avenue Hotel last
week Bushnell and he thought Lambard had been here
Saturday week.
O. Have the officers Of the Credit Mobler absconded
from the statei A. don't understand the Office Of the
Credit Mobilier Is 10 Philadelphia Mr. Dillon had con.
tract to build railroad in Massachusetts and was not
Mr Lynn and Sir Hassard wcro not now here.
O. Has not Union Pacific Railroad destroyed some
Of It's records. A. Not TO my knowled
was not the he whole capital 'ueseSed last e Sep
$50 OcocO or sOoOoOOo was subscribed the subscribers
rendered IS per cent? they made similar tenders 10 Mr.
n.R rendered wness's check he understood that this
struggle To control the election the Northwestern
and Rock Island Roads seeking to gain controlling
influence John Blair, Dillon. Alley. and Hassard were
among the subscuhers they subscribed under printed
caption; but be did not think there was an amount
stated In that caption Of money requred the stock
not voted as an Injunction was issued against
II; Oliver and Oakes Anes were not subscribers,
McComb In his own name. but he had heard him
tell Fisk subscribe in the OF Turner and this
offered Ito be paid IN ms Durauts check he did not
think Cook Dexter Lambard, Marcy or Tracy had him
among those subscrber; ultimately all those subscrip
tions were cancelled; he DID not know by what au'
hoy; act % Congress was passed that no one who
dd not tender what had been paid by the other stock
holder should he entitled 10 stock; he supposed that on
the second tender by these parties Of 5s cent for their
shares the Treasurer had refused them, and they were
stricken on; twenty-seyen millions IN greenbacEs was
not rendered; that more than there was In New
York; they held then u2ooooOo and could have broken
every bank; the Board held that TINS was not
sufficient tender under the act OF Congress;
he never had list OF Congressman interested IN the
rairoad he had never seen separate list OF stock
holders who were Congressmen; he believed senatoi
Grimes Onkes Ames were 80 interested; he had not
seen such list within the last month at ALL he did not
know whether Oakes Ames held $40 shares In trust, but
II was very likely several stockholders held III trust
for others; he had never seen list OF otcers OF the
Government interested In the railroad and did not know
whether any except those he had named we're interested
TO question Of the Court. he answered that the con
yersatOn he had alluded 10 report by Gen. Blair,
that Judge Barnard had said at the AtOr House that he
had run on one OF scoundrrs and going to
another He never had had list Of those interested In
the Ames Graves contract other than stockhoders
list lie promised N he could get outside OF the safe,
10 produce that list to-day The proceeding was then
adjourned 10 10 day.
- IAI.. u CAGE