The New York herald., 1869-03-24

The Union Pncinc Railroad Litignti0n-The
Books Still in the Safe-The Combination
Key-Strange Developments About the
Credit Notwithstanding the Machine
Grand Division Of Seven Hundred and Fifty
two per Cent and Great Expectations.
Before Judge Barnard.
Jnnes FISH, Jr., Us. the Union Pacific Railroad
compdny.-This case. pursuant to adjournment,
came up yesterday. 1t VIII be remembered that at
the previous meeting the Court directed Mr.. I. c.
Durant TO produce the books OF the company.
Mr.. Barlow on behalf OF the defendant, stated that
Mr.. Durant had written to Benjamin Ham, the trea-
surer, who resides Elizabeth, and who retains
the combination key, acquainting him with the
order OF the court. In reply Mr.. Durant received
communication from Mr.. Ham stating that he would
time set down Tor the hearing or the case the de-
PENDANTS We're In the same position. He (Mr. Bar.
low thought Mr.. Ham was unwell
Thomas @. Durant the vice president OF the CON-
pany, was then placed upon the stand and examined
by Mr.. Field.
O. Since the adjournment OF the court have Won
taken any steps TO obtain the combination OF the
lock of the safer A. have.
T. What steps have you takeDs A. I wrote let
ter to Mr. Ham and sent special messenger with it.
O. VINO was the special messengers A. one OF
the boys IN the ONCE; don't recollect his name.
q. Have you had any communication with Mr.
Ham except by letter. A. No.
q. Have you ntimated that any other officer OF
the company should have some communication with
Mr. Hamy a. have not intimated the fact to any
oiiicer whatever.
Q. How soon do you suppose could you see Mr.
Hamf A. presume to-day: he Will probably be In
town In the course OF the day.
MIR. Field then observed that he was very reluctant
TO again ask for postponement OF the case. he
had received telegram requiring his presence in
Mr. McFarane objected to any postponement OF
the case. He thought that II the merits OF the case
were shown the bill would be altogether dismissed
in a very embarrassing position; and then he was
OF opinion that upon motion the court would dis
Mr. Field said he had received no notice OF notion
He thought tnat motion 70 dismiss bill without
notice was something peculiar.
Mr.. McFarlane replied that II was not half as pc
culiar as the proceedings now being taken.
Judge Barnard-I think the proper motion would
be one resisting the adjournment.
Mr.. McFarlane said he doing so. He con-
sidered that upon certain things upon the cali
ing the attention OF the court to the features Of the
bill the court would dismiss IL altogether, and he
contended that when the merits Of the case became
known 70 the court. no further judicial step could
pe taken IN 'ne ,b1a matter G as man proposition was
unauthorized upon Il and could not possibly
be the subject 0f any Judicial action He drew the
attention OF the Court TO the several paragraphs OF
the bill, including particularly the eleventh. which
referred TO the alleged right OF the paintr to be-
come a stocknolder in the Union Pacific Railroad
Company. The plaintin said he made certain SUBJ
scriptions by legal iorce OF which 1t became the
duty OF the company to issue 70 him certain num-
Der OF shares of stock and
Mr.. Field oontended that counsel were not IN at
gentleman he thought, forgot that upon a motion to
postpone the merits Of case could not be entered
not must be decided at the proper time The
simple question az present before the Court was
whether the case should be adjourned till Saturday
next
Mr.. McFarlane protested against the adjournment.
II were 10 eternity as well 70 the posse coml.
taius now surrounding the conpany's premises.
Mr.. Field said there not the slightest occasion
TO be theatrical for II did not amount TO anything
and the motion might as well be discussed In the
usualiy lfScugsQI
The merits OF the case couldnot be talked OF now
but the simple question OF adjournment. He
thought, however, when they did come to be dis
cussed he gentleman would have just as much as
he could do; but this was not the time.
Judge Barnard said that the universal practice OF
the Court had been that where the plantif had
menced a case the testimony on mis- behalf before
any motion Tor nonsuit can be entertained by the
Court aud although motion now made for the dis
missh Of the Dll was not nonsuit, IL amounted TO
the same thing. Under these circumstances ne did
not think he would oe Justified In granting the mo-
ton until such time as the planlr or those on the
part OF the plalniir had exhausted their testimony
m tns case. Az the present time therefore the mo-
ton Tor the dismissal Of the bill could not he enter
tanned.
Nr. McFarlane referred to the unfortunate position
IN which his clients were placed under the present
proceedngs and again submitted tnat the bil ought
70 be dismissed Besides, he arguel that the officers
now IN possession OF the companyN olilces aud pro-
perry we're nothing but trespassefs.
The Court thought that the c0mpany's safe was all
the Officers were IN charge OF. uaughier
Mr.. Barlow SAID that the companyis safe was NOT
all the property. Tpe sheriff and his officials were
trespassers, had the Court any authority TO keen
them there. lie would therefore, ask the Court 10
modify the injunction aad vasate the writ OF assist
aDce.
Mr.. Field said there was something In this case
which was almost incredible, and OF which he could
satisfy the Court IN two minutes. lie had been fur.
nished with copy OF certain bill, IN which Henry
McComb formerly director OF the Union Pacific
Railroad, was the plalntin, In wuch he swore that
Mr.. Barlow objected.
Mr. Field only wanted TO put forward the state.
ment contained In the bill 10 answer to the appllca-
tion MADE by Mr.. Barlow to remove the sheriff. Mr..
McC0mb swOre that the Credit Mobller was making
the road all the way, IN consequence Of which the
Credit Monilicr was able 70 divide TJ2 per cent on
the capital and expected TO divide $40 more Nj,
Field was about to continue the reading OF the bill
when
Nr. Barlow strongly objected against its being
read.
Mr.. Tracey said there was an answer to 1t.
Mr.. Field said he was only reading the statement
of Mr. McComb. q director OF the Pacinc Raliroad IN
reply to Mr. Barlowis application Tor the modinca-
ton OF the injunction.
Judge barnard hoped that the statements relative
70 the case would be confined 10 the transactions In
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