New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-12-01
THE ERIE WAR.
THE VANDERBILT AND RAMSEY SUITS.

openng OF the Court Mr. Field made application 1Of
postponement OF the further trial Of the suit on the
ground that the of the susquehanna Railroad had
heeu forced on at Rochester contrary his expectations
and that his presence there absolutely necessary
When 1t announced that this case was 10 come w W
Monday he took for granted that the cause al hoo
ester had been postponed but to his surprise IL h
forced on yesterday Odonday) and the peadlngs All I
One OF the counsel for the defense, Judge DAVIS s ~
the application for pOstpOnement was really an eAouo'
without sufficient foundation TO justify suee posp
ment 1t Is without precedent, THINK 10 i"i
trial when the parties present WIN couhsoi "nu
witnesses for the purpose OF ehaohnE oouns' " 70
case in a distant part Of the State IL seems 10 me
most extraordinary and unparalleled proceeding Under
the order hch your Honor Endorsed we upon
these paros to produce their books and bring INTO court
the evidences OF the innocence OF our Client ana OF the
suIt Those books we would like to see now, and not
month or six weeks hence, when they may be In what
ever condition they choose to put them hope your
Honor will deny this motion, and not allow the accusa'
ton to hang over gentleman of the age OF our client
for o long period Of time.
Mr. Field in reply said that he preferred going on with
this cause, but that it was due to his clients
to say that his presence IN Rochester was In
dispensabe. When the gentleman says that We have
weak case undertake TO say that he says what Is h0t
true. We confident that every ot and utte OF TINS
complaint will he proved, and the gentleman WIN nave
the satisfaction OF knowing whether ms cleht is 50 hnO
portan argument from counsel he said that he did not
think It was necessary TO argue the motion at al, INC
d spcient length of time ELAPSED before tine event
took place TO have aoTt So staf IN case pvolv
ing large amount OF money III wOud ne an l0ntce
not To nut it OFF have elegraphed Justice Smith at
Rochester the postponement OF that case and
do not receive an answer by noon TINS case sahfs aa
guest OF Judge Davis the date was changed to the rs
Monday January Mr.. Field then called up the motion
in the suit Of the Erie Railway Company agt Ramsey and
Others to make the injunction against the prosecution OF
Mr. John X Porter appearing for the defense read nm
affidavit OF Mr. d. b. Eaton the counsel in the Ramsey
Gould suit and defendant IN the Erie Ramsey SUIT an
affidavit of Mr. Taller, merely cOnrmaory OF Mr. Eatons
affidavit the affidavit OF NT Hayes erSee bs
Company the order of Judge Murray suspendlng eeht
injunction order granted by the Same Judge Mr. Field
said that he supposed before the disposal of the motion
Instance, Mr. Eaton denied the service Of ali,
dayits on him Mr. Eaton said his t aiidayt
this motion he would allow it to be taken for granted
MR. FIELD WANTS FAIR PLAY.
Mr. Field said that characteristic OF this people
thing more than he otherwise would by the misstate
ments of the press II was an established rule OF our
unheard, but in this case eight directors Of eOIpo;
Of this Company by its stockholders, were removed
without chance 10 have o hearing and, by cunning
fact was brought his notice. could have failed TO inter
fere But for the interference OF Judges Balloon and
Barnard this road with $4,000 men in its employ and its
immense must have become hopeessly bank
rupt Had the allegations Of the complaint been cup
ported by host OF witnesses the defendants were emit
tied to hearing. But 1t turned out 30 be
founded
OF information aud belief Of the plaintiff an affidavit OF
Mr. Jackson Shultz that be thinks the Erie managers
poyS thai they were very wicked men for dschargng
him and affidavit OF Henry smht attorney for Mr.
complaint substantially correct; and on these afdays
the suspension Of eight directors was obtained II this
horrible corruption of that CITY, but occurring in the
mountains Of Delaware II must be correct MI. Field
the directors from appearing and protecting the Erie
Railway Company, and on the peculiar way III which the
plaintiffs attorney had named the defendants attorney
Mr. Potter answered arguing that the defendants Fish
and Gould no longer directors officers of the Com
what MIR. Justice Barnard had done In the case Of Mr.
Ramsey; that had been done in the OF Mr..
the condemnation that was gwen by the Grand
peoples money, II they had usurped the Erie Railways
money and converted 1t to bribery aud profgaey then
the law gave its decision Judge Barnard sitting
in review of another Judges judgment Judge Murray
had passed on facts not now before the Court in
then read from the affidavit Of Mr.. Ashley
read the a6dayit Of Jackson s. Schultz This adavit
to the effect that the general management OF the Com
public confidence and respect but is so generally dsap
bring dsrepute on the other great railroads AS to Mr.
Douglass, he had resigned his positions he was not DIS
missed. aud now General Superintendent OF the
South Side Railroad Mr. Porter claimed that from these
adavits appeared cOncusvey that the funds OF the
Company had been wasted, its credit impaired Its eci
cheney destroyed and that under this state Of facts
Judge Murray bound TO interfere and protect the
="
were thus iujurng the Company. The facts
which Judge Murray acted were not revealed to his
Honor when he granted this order Of injunction Now
these facts before the Court and he the
would say in asking that the course Of justice
be stayed 10y one man in the interest James Fisk
they asked too much Mr. Porter Analysed the complaint
claiming that it presented nothing on which to base the
aud BELIEF. the lmmaelial ones were positively statue
II was gravey said that Mr. Ramsey In litigation
against them Was the fact that he had been s9ed by
Fisk and Could reason why he should not
sue themi Was there any reason why MI;
Eaton should not be Nj Kamsey's S COUNSEL
trial. the discharge Of his duty at Rochester, Was
the statement that believed that Mr. Eaton had
done something wrong with one John Doe reason for
nothing wrong had been done Mr. Eaton had advised
Mr.. of the necessity Of protecting the Erie Rail
but that had been revoked. Mr.. Field here
the attorney OF the Erie Railway Company, and they
motion only. Mr.. Field claimed that tins was very
bad injunction, and he could convince Judge Murray
who had power TO this order, instead Of TO
who had such power This Court could not grant this
was fundamental right. Mr.. Porter read from several
authorities In support OF the proposition that iuunc
The attack on Judge Murray would fall harmless wher.
ever he was known lie stood like Mr. Justice Barnard,
knowing only justice and the law. If Mr.. Field believed
that his Honor either out Of respect TO
do Justice, he Nir. Field did not know his
Honor. He (Mr. Porter did know him. Mr. Porter
quoted from the opinion In the Merchants Union Express
litigation the effect that one action could not be en-
Joined in another but only In the same action and case
IN Dners reports IN which the Justices Of TINS court OF
of the Supreme Court, Mr. Porter added that whatever
courts OF NeW-YOrk Justice might be reed on ana the
spectacle could not be found OF an h0nOred Judge having
the approval Of has constituents ana me regard OF the
state To do injustice, and TO none Of that honored body
when he knew he was right was he more confident IN
submitting question than TO the Presiding Justice OF the
present tribunal lie was confident that III TINS case as
In the Of Schel against the Enc Railway, his Honor