Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-11-16

From the Cincinnati Commercial
CIEvELANB, November LITTLE.
war between the Erie and Atlantic
and Great Western Railroads has been
transferred to other points. l.1
Gould, after failing in negotiations
with McHenry, left for the East, via
Akron, and MclIenry quiedy Tor.
Akron, with the Intention Of COM
mencing legal proceeding in the Sum
init County Court. just what these
are few days will develop.
Meanwhile, +. \. Lane, GOuld's at
torney, has appeared unusually ner-
vous and excited, and ON learning to-
day that James Fisk, jF., and MclHea-
| ry were In secret correspondence, he
was heard to use strong language about
Fisk, and finally took the evening
train for Akron, tll 90 -al
ROCHESTER, November ll.-Jay
| Gould arrived here from Akron this
afternoon. and received an Important
lengthy communication by telegraph,
I from Lane, attorneyf6f tffp Ere Rail-
road. Hewas advised that his lieu
/ tenant, Fisk, jr-, was in communica-
[ ton with the enemy, and unless he 81
Z Ienc6d him mischief would be done.
/ After that Gould's countenance was
not serene; he is evidently in gFeat
perplexity. He left hy the first Train
/ for Elmira.
AKRON, ONO, November u.--Mr
McHenTy has been here day or two,
consulting with lawyers about the
Atlantic and Great Western Railroad.
To-day be was in correspondence by
telegraph, via Salamanca, with Jim
Fisk, Of the Erie road, with whom he
seems to be on good teTIps., 1t is fg-
m0red that Important aid may be
rendered the English stockholders by
him in the proposed suit against the
Erie managers. Has he deserted
Gould for McHenry is the question.
Further interest was excited this
evening by the arrival of Lane ,Gould's
attorney, who will try to Out-maneu
yer MeHenry before the courts. Ii Is
said that the defense will attempt to
show that the Atlantic and Great
Western Railroad is in possession of
Gould, US Receiver, by appointment
of Court at Akron, few months ago,
in the case of suits against the road,
which suits are stin pending. . E{ {yC
Tie opinion here is, that Gould is in
a tight PLACE, and that the Atlantic
and Great Western vii! be restored to
the control of McHenry, for the beRe,
fit of stockholders.
The court is holding this evening.
AKRON, o., November ll.--Last
night the Atlantic and Great Western
Railroad cases began in the Common
Pleas Court, Judge w. w. BOynton,
parties representing the first and sec
ond mortgage bondholders, against
Gould and the Erie Railroad. Gould
strives to get an order from Court to
sell the road, thus putting him in con-
troll. The bondholders are opposed
to fastening the sale, as, il forced, the
property Will not yield the full amount
1 It reasonably should. Jay Gould, w.
Archdall and O'DOherty were APP
| pointed receivers of the Atlantic aud
( Great Western last April.
The present hearing is ON motion
4 from the bondhOlders for the removal
of Gould "a receiver, because lac is
/ Railway; therefore, under the New
/ York statutes, an Erie stockh0lder,
and an interested party. ..t ,sf .rt
( Gould, O'DOherty, and the officers
of the road were here yesterday,
ready to swear, as the Council said,
/ tonight, that when Gould was ap-
/ pointed receiver he had not a farthing
I Interest In the Atlantic and Great
/ Western or Erie, though President OF
/ the latter.
Gould went yesterday. In bis abb
sence, his attorneys, tonight, got an
adjournment till Friday next, When
the question of his eligibility as lie
eeiver, and of his removal, will be ex.
amined, according to evidence.
A motion was made TO limit the
Receivers powers, and appoint a
I Master Commissioner, as auditor. 1t
/ was postponed until tomorrow y