The New York herald., 1869-03-31


After Mr. Field had concluded the reading Of the
proposed order Mr.. Charles Tracy argued ior the
defendants that this order was not made upon any
notice and must, II granted at all, appear 70 nave
they were most scandalous and outrageous. There
| was no ground whatever for saying that any OF
| these gentlemen had absconded.
Dilonf
Mir. Tracy said 1t was not. Mr.. Dillon was not tho
kind cf man to abscond. lie had charge Of bulld-
ing two r0ads--one New Jersey and one further
west-and ne had to attend to them great part 2!
his time was necessarily occupied with them. IL
| was calumny 10 say OF these men that they ao-
seconded. 1t seemed TO be the settled polio, OF the
plainuils TO surround the case with obloqdy. ~
Mr.. Bell stated that MIR. DILLON mad been In this
city several days within the last two weeks
| him.
Mr.. Bell answered, Eyes, II he had gone whore he
Mr. Field SAID he had In his hands an alias attach
ment returned by the sheriff unserved. As 10 the
q m s seng ca & Is GraeT 1a nesn 70 o@ eo
unued from day 10 day. and this proposed older was
directly within ITS scope and purpose.
Mr.. MAcFarane argued that such an order was an
| outrage. There had been no testimony introduced
| on this motion: all the testimony taken had been
i with view 10 the argument of motion to be made
| April l. motion which he had yesterday Thought
| superseded, but when Mr.. Field had then claimed
not TO be superseded His Honor had, he understood,
| made an order tna the safe be broken OPEN AZ to
thai he was not proposing to argue IT, they must take
with regard To that such steps as might be legal 10
protect Ihelr properly. But lie did object TO this
traordinary order now sprung on them, Win its
| SlanderUus recltalS
Mr. Field, in reply, sald that all this defamation
was by parties opposing stockhoder In has efforts
to lind out something about his own property IN the
hands OF his fraudulent trustees aud II was most
extraordinary and outrageous that gentlemen Should
! come here and defend sucn course.
The Court said that the examination OF Mr.. Durant
ha0 failed for want OF the PRODUCTION OF the books,
buG lie did not know tnat any OF these gentlemen
had absconded ana that had better De lett out, and
1t be merely said they could not be found BY the
sheriff within the State. Mr.. Field made the cor.
recii0n.
Mr.. Tracy objected to the scope OF the order OF
reference. The referee was to inquire Into the re-
ceipts and expenditures Of . company that had
been In existence six or seven years and IN that
time had expended $50 100000 IL would take the
receiver avs years and whole Treasury Department
of clerks to 90 through 1t. The receiver had nothing
to do with what was already spent
Mi. Field SAID that they desired to inquire into how
and among whom it was divided. A United states
Commissioner had just reported tnat they had made
themselves. He thought they would probably lind
out how much had been divided and among whom,
Judge Barnard said that ut the llal before referee
or Special Term such matter could be properly
inquired into, aud therefore 1t was proper In this
order.
MIR. McFarlane objected to the order continuing q
receiver or appointing receiver 1T oil OF the prop
that or the Erie cases. where the painr in tins
was sought to be restrained from ravagc and pilage
In that case reccivership OF the railroad had been
denied on notion Was this man yet unwhipt OF
Justice 70 obtain % an order ss pare without proof
Mr.. Field said the piaintin was not here in person
to answer such illusions; but Mr.. McFarlane was
guilty OF any charge He had showed nothing OF
the Kind fne cases differed essentially, in that
they had asked receiver not only OF the railroad
but to run The road. No then had doubted the
power Of the Court to appoint receiver OF q par
dollar In the State Then receiver could not hurt
them. The property they had here they had in some
way got out OF II. ~ was but right that subsequently
received property should be held to replace It,
After some further discussion the Court signed
the order, and the parties left the court Till one
The sssafe Blowing,, Excur.Ion-A Good
sBIowing-Up'' for the Receiver.
At halfpast twelve O'Clock everything was tran
quill In the magnificent black k-walnut-furnshed offices
OF the Union Pacific Railway Company, In Nassau
street. few gentlemen on business whsked brlskly
into and out Of the offices, and the clerks were lean
ing on closed books and holding confabs In groups
OF two or three in various parts OF the room. At
the back OF the apartment an Ornamentally frosted
glass partition divides portion OF the space from
the main room, and the floor 10 covered
covered T with white cloth ana bearing number oi
dishes containing roast chicken and otner deicacies,
ofiicais Of the company and attorneys, and the cnk
Of silver plated forks ana knives would have induced
the belief in . bind man that he had been nsnercd
into down town dining saloon. On q green
leather covered lounge near the door leading from
the passageway sat deputy sherin and 'pal.n
and hands thrust deep into their paniaoon pockets.
Presently tall. dapper individual entered the
ONCE with brisk step. accompanied BY shorter,
but equally dapper, young man from the snerin's
office, and hard listed, smutty-faced man. with
srcer IN he Ssser metals Ine rail- rentIeman
turned to and addressed the two .'oungers," who
both assumed at once very acute ana official APP
pearance aud the deputy pr0duced from his brecches
pocket small Insignificant looking. trregu-
iarly shaped piece OF metal which is digni.
handed it to his inIcrrogator, William M
Tweed. Jr., the receiver OF the Company. Mr. Tweed
desks followed by the smutty-faced man and the
deputies to small recess, the rear OF which was
the xey and wrggled it in the keyhoe, and grand
concentration Of clerks id,ers and others instantly
ook nS + IN he cK and as sd
denly the cnking OF knives and forks In the ante
room ceased A tall gensIemanly M looking man
| his lips with napkin aud, with mouth full Of
food, the mastication Of which had not been fully
"Mr Tweed. BY what authority do you attempt to
| open that safe ~
Ar. Tweed replied that he acted under authority
"Tnen,' said Mr.. BARLOW. 81 give you notice that
permit no one 70 interfere win that saieo
The crowd grew excited and grinned.
Mr. Tweed said he was simply opey,ng the instras,
| his position and gave the key another wriggle.
Mr.. Barlow gave everybody present notice,
they were trespasscrs, and desired them to leave
under pain Of being arrested and held personally re-
| Mr. Tweed intimated mildly that ne did not think
| there were any burglars present, and
Mr. Barlow replied that he did not suppose there
| were; but he understood that Judge Barnard had
saId that the safe was to be opened even II burglars
| had to be set to do it.
The bystanders snickered, and thought there wash
| good JOKE somewhere.
Mr.. Tweed made soto rUce remark and
Mr.. Barlow said the Supreme Court had no au-
thority to order the safe 10 be opened, there
no suit pending before that court IN which such an
order could bo made.
Mr.. Twecd-since when?
| Mr.. Bariow-since its removal into the United
States Court.
1he .experr, ratified the key again, and, turning
10 MT. Tweed, said II can't open tnat lock with the
| key.n
shoulder, ana hcsi iatngly suggested that tne name
/ OF the man who was working at the lock should