New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-12-06
THE ERIE LITIGATION.

| FOR corID AND LANE-sTORY OF THE
DRPUTY-sHE NEUTRALITY-SUSPICIOUS. THE sUS-
PEYsIoN-sTAY OF PROCEEDINGS.
! The Ramsey-Erie suit has been revived
through the counsel Of Mr. Ramsey Messr Peckham and
| Tremane of Albany, who ask Judge Murray to again
before him several of the Erie directors to show
cause on the 10th OF December at Delhi Delaware
County at the Chambers Of Justice Murray. why the
several orders Of suspension granted by him. enjolning
them from acting directors should not continue and
remain full force In support Of this application TOT
continued order OF suspension, the following afndavits
| and order, 10 show cause, we're sworn TO ...
Mr. r. w. Peckham swears that the former attorneys
for plaintiff had handed TO him two orders granted
by Justice Balloon in the OF Ramsey agt Erie Ra
way Company Of which ordered that all proceedings
In the action the part OF plaintiff be suspended ana
proceedings before the referee be stayed for specned
however that the proceedings be stayed for not
than 30 days until the defendants could make motion
TO aside Judge Murrays order With Order No. was
notice OF motion served by the attorneys for the Erie
Railway upon the defendants attorney in reference to
trial at Madison County and with IL came notice re-
curing eight days service OF papers before the notion
bat Mr. Peckham swear that the reason why notice OF
motion for eight days is not given In this action ana an
order to show cause applied for is that the paint Is
this action, by which the plaintiff is prevented
from taking any steps in the cause excepting the service
that necessary deponent believes for the proper
prosecution OF plaintiffs case herein, that such stay
should be vacated as as possible That the action
is not VET at issue and no service was made Of
upon any defendant herein until after NOV g. 1862
That the next Circuit Is appointed TO be held in Delaware
County depUnent Is informed aud believes on the last
Monday in January, 1870.
Joseph H. Ramsey swears that he has been served with
certain orders and also Judge Barnards injunction John
Hayes that he has served the summons and com
plant and affidavit Of Messrs Ramsey Schultz and Ash
ley, Injunction and order OF suspension on the Erie Rail
way Company, on one OF Its directors at the hudson
River Railroad depot and on NJ X smons and othersi
and Henry A. Tailor deposedto having served similar
papers on other parties Win s ne nn III a
dence after which are given the following interesting
particulars In reference the search for 1.-The principal
defendant in the suit.
HOW GOULD AND LANE EvADED SERVICE OF PROCESS
Charles L. Butte, jr.. has made the following affidavit
in reference the efforts made by him to serve process
on Gould and Lane:
During Friday, 10th Saturday the 27h and Monday the 10th
days ofNovembr inst constantly diligently empoTed the
effort serve TIE summons complaint sday INJUNCTION order :Sd
order for suspension the aboenued acton ppon Jay uoud 'as
President OF the Ehe Railway COMPANY and SpSn tredsnek a
known to BY sight, and each Of whom I. defendant
, coup,S aaa state Of Ss, York sat owing to
The fact that such service hn. been BY them PesteGy syded aud
ally with iny Of said As sag instances Of such evasion and
following other attempts 70 effect such service
which bay, made dag zoe past four day; Having learned o% one
the .sd jay with pagsfs during weine'day
the z and THURSDAY the 2h days of November instant. that
The shd defendant had evadd and avoided saa service 4
either the Of ROry'e,snihst and
the building opera House the northwest
ofTEen, r't ard Eighth also in this city AID 5ay9g learned
In lie ee, Of sn Compsn obnei an entrance
Mr Could although thea engaged would see me in
10 minutes
.nIiousy awaiting the expiration Of that time the said
JAY Gould appeared corridor above and at distance from me-
and alai, 10 Immediey ahew, james PsG IT, ,lso
oacer Of said Comp,n7 sight Oui said
corridor haug certain parties near said suss they Wont
them si' y. a Spy ordered to leave Is, building @
Y3 a iS about a1'Si oss i' s morning At East
pos. q serving the papers upon him ADD
there red servant that Mr Lane had gone OUT o. town early
poat tie oees aud at different tines
Goaf .pp.S The suda thereof Then again obtain
s .Ae baking aad succeeded oH to be Immediately and
GOULD VERY SICK.
Aforesaid residence Of the defendant Jay Gould
report would give bis wbeabouts The bell vas
answered By servant letter b.d written
ana e.,s oI ny ca. % rsa'e naal l 5 10 Mo G az
very could not he disturbed" rspre,eH,rd TIA. vas from
u, that up The rau. then took the
letter % . ,n rs9i, ny S VS. s a & as attend % an;
came a."s " AZ. ,, s.g toE m, Ie,er and rstursed
5ainE
HACK RACE.
Ahsu6Jo O'Clock that afternoon Jay Gouli come ont ofhe
s.,liFs sol move 9,s io. sb the Ss e,, n.s
about h due be d and "a. The act Of 's1ynE SAD Papes
nsd bin a, az building bis anu
la 5vs1 ,~sy bsyoai M rleh Anera seaas men
1roe from '5n .ad ran % hea gro'15nf .S5S ap fI "g
b. ssuee horses stopped than the front
s carriage into BIS house. AID the door "A' closed De-
WV GOULD rNTREvcHEs HIMSELF
53o the q MoudaJ the 2s'a Inst vas AZ eI "la
nj ysta u,aoa. .sssr him. Feeling assured
.Ss 70 s. q al. o h md l ss up card 'I 4, callers
Obliged TO- ss, to zee S d, S0 Ss see M G and bsi must
60 s-s .va nerEird found out ,. the ..d dseadn
JAY Gould in the said Offices bat unIhe to obtain
access m gain entrance to the building 'gt we're
ns Sa.! S.t SIX discreet men beside whom knOS per
soBay have been almost constantly eupo{ea ia sndsA3rns
Lane l9dI yer believe that each one Of said ~ men sI.
,sudas fr the aid defendants sos na%sa have p tSs man, man
avoided personal service Of said pap" or any Of them
AFFIDAVIT OF RICHARD E. sPRAGUE.
Richard sgI,sHo benz dag 'S'o S,e.. s & 2ih a in
h, eao to serve procure service Of the summons compliant
% sros tbs defendants Ja Gould Frederick Lane bat
osg the that such service has been by them pere
,ll gip o, , 5sSs m, time that Mr Bute foregoing
Of fra.y ths . ,u v Me Of the omee, Of the Ee Rasay
Compsny ursssd watching The siT and n.I,aee se
a1s5 ma "psu DOOR he had seen the defendant Frederick %
N 80 Is' l her. resolved to serve bm possible
VIOLENT ASSAULT BY tSs' % = GU. oni,. DARK saw
Eve cat OF the Tw.n'y ihd. en's9es 70 'L
Among them and 10 their midst saw man WON ,S %
Dc "a 80 he .pts ran no. irsrcept THE party did reach it
said person had entered the carriage and sGI ne ago sg
vas fore6y ned Cd my who had acted h' escort
rwn yillssy ground almost under The wheels Of n car
ls, AID , 1 n b ss & % bs iaisricfsaes Of the
ovepowered me- would have sfT,sl Voc pp,I Ia VA
81, nar with papers. FoT instance Of the men
80 has employed under direction 10 attempting 'rr'e we
dsuI.nt Fr~errk A. that yesterday morning
opdav the while quietly standing on the corner OF
Eghaye this city watching bAe eh'anco
10 sad oes RasJ Company gang hse OF s
OF SAID back
sjr m 10 him demanded what he doing there lie said ne
a. npdnz biz business and be wished hey would MINI ne
me- manner, lesi We kno" Nh 'hN
bp,.,ss and the from here the better VII o
~, ,o Not wishing 10 collision With them be hen sau
an ouy waiting for which they answered Vel see hA 700
beside him until the trst car came
80 be bc,u,s Of their threats superior numbers be deemed
neu 10 sppear getting upon The ear rode soae distance
A. the EtghtI and mt
ORDER or JUDGE MURRAY.
On the ID Of December Judge Murray AFTER reanlng