The New York herald., 1869-12-01

sending In IN appearance Aforesaid, and that he
was not desired or requested TO take any action,
receive any notice or give any consent or admission;
a nc noe Or e Paes WAS S on
and complaint lie had with him when he was at
Mr.. Dtven's; that said Runke gave no notice, ad-
mission consent as such attorney, or otherwise,
and between the time the said kunkle gave his ap-
pearance and the time he revoked IL there was
no communication, written or verbal directly or IN
directly. between deponent and said Kunke, and
they and not even see each other between said ap-
pearance aud ITS revocation. And deponcnt further
say that all the statements contained IN the COM
paint and aidavts IN tins case inconsistent mere
with, as to the object OF procuring SAID Runkle 10
appear and to his actual or intended relation 10 any
consent order or receiver or other proceedings are
a tissue OF reckless iaseho0ds. And deponent fur
ther says that the appearance Of sald Field shear
man Tor the company, though believed by deponent
to be unauthorized by SAID company and IN VIOLA
tlon OF the Injunction was not returned, because u
was made Jointly with an appearance Tor one OF the
suspended directors; that neither said Ramsey
nor any other person, save as aforesaid. nau
to appear or revoke his appearance, and
there was no fraud coliusiOn IN connection with
Tue sae ana said MunHie wa s 80 esed
and directed IL as act necessary 10 secure some
legal channel OF communication with SAID company
in the suit since It was beyond the authority OF the
suspended directors TO authorize an appearance
contrary the orders OF the Court for the attorneys
engaged by tine suspended directors to appear Tor
the company also; aud deponent was greatly sur
prised when he heard that said Owen had SAID de-
ponent mad misunderstood what he stated in
tended tostate said appearance being put In
In these statements deponent has not intended to
cast any reflection upon the attorneys by whom Inc
company now appears nor does he so intend, IN say
ing that he ls compelled to regard sucn appearance
as unauthorized and to think 1t misfortune; that
the illegal action OF the suspended directors tWhO, as
he believes, alone undertook to authorize SUCH ap.
pearance) has also prevented any quorum OF the
board assembling and made the placing OF tne road 3
road IS to be left under the control OF the present
management.
An affidavit OF service on said company and hereto
attached, marked schedule A, and copy OF the
order Of injunction OF suspension and OF the sum-
mons, complaint and atiidavits which said orders
were granted and which were served as aforesaid;
ana appears by an affidavit hereto attached on
said company, are hereunto attached IN bundle
marked schedule u.
Sworn, &c ID. B. EATON.
Judge Porter also put in evidence the dispositions
or Henry A. Taller and John Hayes; also the order OF
Judge Murray, granted on the 23d OF the present
month, and the Injunction order Of Judge Murray.
He SAID he had also the a1ldavits and the summons
and complaint on which the order OF Judge Murray
was granted, which not necessary to read, but
which he would put in evidence for the purpose Of
showing the jurisdiction Of that district
The following are the documents alluded to:-
AFFIDAVIT OF OssIAN ID. ASHLEY.
Osslan D. Ashley, being sworn, says that he ls
member OF tue New York Stock Exchange, where
stocks are publicly bought and sold in the city OF
That for long period-beng about one year next
preceding september 10, lS69-the stocks OF the Erie
Railway Company were excluded from sale at SAID
stock BOARD by reason Of the enormous irregular
issues Of the stock OF that company by its present
publicly sold In said city only at saiesroom hastily
organized and generally understood 70 have been
established and supported by the persons or some Of
them in authority IN that road.
That the general understanding and belief among
those who deal in the STOCK OF that company In said
city IS that It's stock has been lrregulariy Issued In
the amount OF more nan $780, 600 900 during the last
fifteen months, and deponent has been so informed
and fully believes 1t to be the fact
deDOQo0t IL
any precision OF these issues bnt in March 1862 Jay
Gould reported the common stock at between
100000 and $5s, 900.
That In September 1859. said Gould reported said
common stock TO the Farmers Loan and Trust Com
pany, where 1t has been registered since september
3O 1853. at $7O,0oo0Oo.
And In November, 1862 the Secretary OF the Erie
Railway Company reported to the president OF the
New YORK stock Exchange, in writing further
increase OF S5000,000 in said stock by the issue Of
that amount OF the convertible bonds (0f SAID Erie
Railway Company. called Narrow Gauge Sinking
Fund bonds
Tnat for several months past the stock Of the COM
pany has been declining in market value, and the
common stock now sells at S27 75 TO s2s per share
and preferred stock ut S45 per share, nearly
as sales and offers indicate Its value. .S.,,v
sworn to before me this 10th day OF November
1s6o.-JoHN HAYES, Notary Public In aud for New
York county
AFFIDAVIT OF JACKSON S. SCHULTZ.
Jackson s. Schultz, being sworn says that he has
been Tor more tnan tnrty-nIne years a resident OF
the city OF New York; that during MANI years last
past he has conducted an extensive wholesale bus
ness III said city, and manufacturing IN the
country wnicn has caused him to become familiar
with railroad transportation especially upon the
road OF the old New York and Erie kailroad Com
pany and OF the present Erie Railway Company:
that during many years last past he has also been
bank director IN said city, and from The foregoing
and other reasons he has directed attention to
questions OF practical finance and become familiar
with the views and feelings OF commercial men
relative to the large corporations connected with the
pubic transportation oil the country; that ne has
mad occasion direct his attention to general
management and the administration Of said road,
both under the old ana under the present company,
and has been in the habit OF paying considerable
sums regularly Tor transportation on said road, and
has been continually informed. and more especially
during the fifteen years last past, of the general re-
pute and public estimation in which said corpora
tons and their managers have been held IN the city
OF New York; that he can nave no hesitation in say
ing that the present management, generally attrib
uted solely to Messrs. Jay Gould, James Fisk, Jr.,
and Frederick A. Lane tbut more especially to the
two formerl, Is wide departure from all previous
management; that It does not command public con-
ndence respects that the general feeling towards
sure; that general conversation indicates so decided
disapproval OF the present administration OF the
tna1 the business patronage of the company IS Tor
such reasons materially preudiced; and he does not
think he overstates the prevailing feeling when he
declares that so decided Is the public dsappFOval Of
leading acts OF the present management and SO
general Is the belief that Its example Is fun OF peril,
that LII public estimation the value OF American
railroad securities generally has been somewhat
impaired and the value - Erie stocks and bonds
considerably depressed by reason OF the facts and
And while theseOpinions would be approved as
he believes, by nearly all well informed persons In
said city, very large portion OF SUCH persons would
think they fall far short OF expressing the extent
ana severity Of the pubic condemnation OF the
present managers Of the Erie Railway Company.
That he makes this afhdavit only by reason OF an
urgent request to do. and from sense OF public
duty. JACKSON ). SCHULTZ.
sworn to before me this 18th day OF November,
ls09.-JOHS HAYES Notary Public In ana for New
York county.
AFFIDAVIT OF CHARLES w. DOUGLAS.
Charles w. Douglas, being sworn says lin re-
sponse to earnest request to state his knowledge
oil the present management OF the road OF the Erie
Railway Company tnat he came on 10 that road In
1850, when 1t was owned by the New Y Ork and Erie
Railroad Company, and commenced service as q
telegraph operator, and was advanced from sucn
position through several grades to that OF Assistant
DIVISION SUPERINTENDENT OIL the Delaware division
under Mr.. Hugh Riddle, the superintendent Of that
division, and that he renamed such assistant for
w hnu nm Mr. hotpn