The New York herald., 1869-04-06
THE UNION PACIFIC RAILROAD WAR.
The Case i'm the Supreme
Court.
IMPORTANT REBUTING AFFIDAVIT.
SUPREME CUURT-SpEClsl TERM.
Before Judge Barnard.

pending should be postponed til the third Monday
in APRIL when the testimony beng taken before
the referee would be ready.
Mr.. Bell then proceeded TO read a volummous
afldavit, as given below, made by Messrs Thomas
C. Durant, C. 5. Bushnell, Sidney Dillon and John b.
Alley, denying all the allegations contained in the
complaint.
Mr. Allen submitted that there was perfect de-
fence TO the action, If any ground for action eX-
listed at all.
Mr. stoughton said that the extraordinary affidavit
read seemed to have been designed to accomplish
two purposes-to slander Fisk and wh;ewash the
Credit MobIlier and those connected with ii. The
application ust made was very simple one ana he
presumed the court would grant 1t. The AFFIDAVIT
was intended TO salve over, il possible, the asser
lions that had been made in the course of the Iitga
uon and those VINO hazarded so much OF character in
getting it up. II was desirable that the motions
should stand TO enable the referee 10 take the
testimony OF the officers of the company. IT. after
the statements contained IN the afldavt were true,
and there was reason TO believe that any two
consecutive sentences were true, he would be glad
to acknowledge them. The affidavit alleged that.
since the time that the contract had been made be-
tween the Union Pacnc Railroad Company ana the
Credit Mobilier, there had been no other entered
into: but IL was not aVered IN the affidavit that the
Credit Moblier had had no interest in the profits of
any other contract. Counsel then proceeded 10 CON-
ment at some length upon the various transactions
that have taken place SINCE the commencement OF
proceedings, referring particularly upon the fact
that the officer of the company who had the combi-
nation wherewth 10 open the safe containing the
books and other papers had been purposelg
Kept away. He contended that the Union Pacific
Railroad was great public enterprise in
which the people OF the United states had great
interest. Ii was one that should have been con-
Quoted, not only upon the grand scheme Of its pro-
Jectors, but with honesty ana an indlspositlon to
profit. de submitted was the duty of the directors
10 open their safe and open their doors and open
Their books In order that people should know eX-
acty what was gong on. The Credit Mobiier was
interpoated with the Union Pacific Company in a
very strange manner. The public had a right 70
know the nature OF such a combination.
Mr.. Field ioowea on the same side and stated
that this was an application to postpone the consd-
Grafton OF the motions for the reason that the referee
had not been able TO conclude the reference. He
viewed the facts Of the case and animadverted upon
the relations which existed between the Credit
Mohier and the Union Pacific Company. He
luted the idea that the stockholders ever consented
to the course pursued by the directors.
Alter some further discussion the application was
granted; Mr. fleld then ASKED Tor an oruer on be-
half OF the receiver 10 obtain information from the
company upon the following subjects:-Nhat bonds
anu what other property have been received by the
Union Pacific Company from the Un,ed states:
what bonds have been issued by the SAID railroad,
the amount which has been paid upon the capital
stock and how and by whom pad; what disposition
has been made o! the said bonds; what property the
company now has; what money was expended on
the railroad and who performed the work: what pro
fits mad been made upon the contracts and what
were the relations existing between the Credit Mo
Judge Barnard granted the order.
Tne contempt case in the matter OF T. Alley, one
OF the directors, was then taken up and the nerro
cations were read and answered
MIR. Alley was briefly examined relative 20 the pro.
ceedings whcn occurred at the meeting OF the board
or the election OF officers The witness was directed
TO assist IN procuring the book containing the
minutes OF the meeting and for that purpose the
case was adjourned uil to-day
Afidavit in Answer TO the Complaint-New
and Interesting Developments.
NEW YORK surRRNE coUEr-James Fiss, Jr., rs. The
S So ro a Am % & % spd d"T rhoasy Ssy
D9rans John Aley sidney Dillon and Cornelius s. Bush:
in this acton being feysrsy swoIn each
plant and nrsi and second supplemental complaint this
ss0n b e' ,ssre, % s s.o 6 ersS @ Io
paeinc Railroad air ,S Company, alleged by the Paind TO
OF the work the line OF said railroad contract
made 70 enable said company 10 prosecute said work which
assented and confirmed by the stockholders Of
said stockh odes therefore
and approval was endorsed upon The STOCK certificates Of
and believe said Fisk became the purchaser from party
enabling bring annoying against com.
pan Of sl shares Of said STOCK Of the present value Of s
which was plainly endorsed legal notice Of and express
Opponents advised by counsel and believe iha, as
70 70 said SIX shares OF stock the plaintiff is e,topped
company or against any oil toe defendants ~ this action
ration, nor any interes, therein for Of action
except that arising the pretended subscription
eompanys Stock forth in the original complaint
that 70 said stock claimed by the company
original subscription was invalid and OF eal effect thai
of the painful Of paying for the purpose
becoming bona re sioekholder IN said company, na e
that the alleged offer OF tender OF checks
dollar Of the plaintiffs money credit. and that the
cepiion ihereof at all times since the sole obJe Of the
usual and annoying threats and gations 10 compel the
they wee no, sy liable pay n order 10 secure their
peace and 10 orqer % prevent Tue injury 70 the credit OF toe
Xn md nm
eeecings OF the plaintiff 10 tbs courI were
the named defendants further says
,h &c o ts. .a and & farng ihe month Of
20 said subscriptions al which ume the said Fisk informed
parties that be further state that person make
further subscription or the same persons 70 Chicago aud
and expenses 10 his employer Of - bQ which damn them,
they refused to pay aud the pautn did clam that any
portion OF SAID subscription Tor bis that
%. hAo a interest ihten ahi depoheni POI ome and De
mere preience, nasmlch be dd not sent agent to
be- Temporarily received posesson OF ne check Win whieh
John B Aey deposes and hat the h day % March
YORK. which said Fs said that he 80 not make his sa.
tbc al Al the ree of ana 10 serve ths drrto af
The Union Pacific Railroad; that they behaved meany
lie said, II made th- subscription for tnem sent man 10
Chicago paid other expenses amount
interest and for their benefit that they ought 70 have
would not and then made ~ mind 70 Try and
Wuat cpuu thai raised fT-e fsvulNt
they would settle at iha,, now propose have
$40 O and they don't accede " my demand Il put TO
them until they have been damaged enough % conclude
best 70 do 4" That IN part this did the
painu aece claim that tne said subscription
thereof made Tor himself that be had interest
Sren oh ise pc s'sea n" ~ 's sus vas
of $500 Aforesaid And he said Cornelius g Bushnell
that he had conversation with sad planid IN July
las after the OF tne sCit ~ New York,
winch the plaintiff stated Had alleged subscription 10
said mnde persons directors said rail-
road himself and that had therein
that the why he bad brought this suit because
ms principals had not paid % hun certain expenses be had
retaining counsel and SAID he, Il have
uouood nv aud want large Of money
do settle with me, the pspep made oct aud
by the Judge Or recei er oi the LniJn faciuc
hhHrohd and he wll be appointed parf before two
oturk um0rroW." That dspuncui st trst believed SAID
fs siaeinente much alarmed by these threats
feared that company uoul be compelled 70 pay
almost that he psIth chose 10 denana a. al thAi
tune Ne company had many millions OF properly ln New