The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-11-17
THE ERIE TROUBLES.
End Of the Erie, Atlantic, and Great Western
FiRht-Pence Re-established with NIcIIenry.

End Of the Erie, ATLANTIC, and Great Western
From, the ~ Y. Herald Of yesterday.
HThe little misunderstanding between Mr.. McHenry
OF the Atlantic and Great Western Railway, and
Messrs. Fisk and Could was cleared up yesterday
IN manner highly satisfactory to all concerned.
The slate unpleasantness" arose from somewhat
hasty and, as 1t now appears totally erroneous
cusion on Mr.. McHenry's part he having conceived
the idea that the Erie managers were determined to
obtain possession OF the Atlantic and Great Western
at all hazards. Mr. Fisk yesterday submitted pro-
position for pacific settlement OF the dispute by
which it is understood that the Erie Company will
pay s16,O0O0OO inclusive OF leases. for the use and
control Of the Atlantic and Great Western. The full
particulars of the arrangement have not yet trans
pired but Mr.. McHenry and his legal advisers noti-
fed Mr.. Fisk last evening that the terms proposed
were in every way satisfactory. Legal proceedings
nave consequently Deen stopped, ana the lawyers
long and desperate conflict, were telegraphed last
night TO fraternize and return.
Was Commodore Vanderbilt In Fraudulent
Conspiracy with the Spectators who are
Running the Erie Road TO RUNE
The suit by the Erie Railway Company to recover
s5,OOO,0O0 from Commodore Vanderbilt, was before
Judge Barnard yesterday motion by the Com
modore to have the case taken from the special
term calendar and sent to the circuit, tnat the
issues may be tried by jury instead of by the
Court The transaction complained Of was a settle
ment Of the Erie suits which were begun in the
suit aege that Mr.. Vanderbilt, in fraudulent combi-
nation and conspiracy with its officers, induced
these Officers, from personal motives of their own,
to purchase from him $4,000 shares of the stock of
the Company which he then held, for which they
PAID 20 OOO,OO In cheeks ana bonds.
The company ask that Mr.. Vanderbilt be restrained
from transferring these bands that he be required
to deliver them up for cancellation, pay their
value. Mr.. Rapallo, for Mr.. Vanderbilt, claimed
that the case, from the character of the issues, in
volving fraud they did, and numerous questions
OF fact, and from the magnitude OF the amount in
controversy was enc which from its very nature
ought to be tried by jury, and the nature OF the
testimony, of much of which his Honor had some
cognizance from having had the questions before
him, was such that no court would willingly take
upon itself the burden OF investigating these ques-
tions of fact.
Mr David Dudley Field opposed the motion, re-
marking that the gentleman who now moved to
the case to jury had brought it to the special
term himself. 1t was not case in which jury trial
was necessary He didn't know that Mr.. Vanderbilt
was entitled to different law than would be applied
| in case of any other person. In case against
| person for small amount that person would not
| ask to have it removed to the Circuit The course
pursued here seemed reflection upon the court.
Mr. Beach (ot Troy argued in favor OF the removal.
He was not able to perceive in what respect the ap-
| pcation considered arehectiOn upon the Court
They might be considered as making the application
rather as dRitGS oltriR, regarding the nature of
| the issues being disagreeable to be tried by
| Judge without jury. From the nature of the
| peadings there must be a direct and unequvocal
conflict of evidence upon the allegation of fraud and
| conspiracy. Judge Barnard adjourned the hearing
MOndaV-N Y. Sun. Nor. 15