The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1869-11-27
AKRON, OHIO.

rae sRaiirsaa Rew--Business and
Debt Of the Aslansic. & Great West-
ern RaiIread-AMdavit Of the Re
ceiveFs. srgssas algeaE 5Jt .-Ii4
AKRON, November 26.e~Fhs Erie cases
were brought up to-day before Judge
Boynton.. all the parties being present
except Jay Gould, who is sick, T. A.
Laue and the Erie clique. The follow
ing facts are significant: - -
Jay Gonld and w. Archdell ODoherty,
as receivers, swear to the following ABB
stract Of the earnings of the Atlantic &
Great Western railway from April 9th
to August 3lst, 1869, inclusive y From
freights, $l,49e, 7la.1d;S z from pass
senoers, 1887 ,279.06; from mails,
14,lO7.l2; from express, 30,572.73;
from miscellaneous, $l0.l10.9I; total,
81, ,93A 1852. The road meanwhile has
763, ,43O tons of freight, and 293, ,474 pas
sengers. The debt of the Atlantic and
Great Western iailvay 10 as follows: :
mortgage bonds, S3o,s48s900; accfued
Interest therepa, $7,O243G. so; dsben-
tures,g itl4, 600 900; floating debt, sl3,-
100000. There are affidavits in court
that the road cannot sell for SIS, ,000, 900
il put on the market with the utmost
Icareoieda
ptsAdjonrned till afternoon.
AKRoH, November 26.-Mr. McFar.
land urged the immediate hearing of
the motion 10 remove the receivers, and
the Erie attorneys in every way posi-
bls 'protracted. An affidavit, dated
Nsvsmber oath, from Jared B. Baldwin,
q New York physician, swore that Jay
Gould was Zoo Hck 10 leave bis resi-.
dence in Fifth avenue. To this Q New
York gentleman in court replied that to
bis positive knowledge Jay Gould was
at the office that same "Wednesday ever
ing. The next delay was in the Erie
counsel for just twenty minutes to get
a telegraphic answer from Jay Gould
on the propositton for adjustment as
Just forwarded to New York. The in
PERMISSION was allowed, but darkness
came on, And nothing being heard from
Jay Gould, an adjournnent was rnsde
until evening.
In the evening Mr.. Hutchins, for Wis
nor 81, Townsend, o defendant, pre-.
ceeded with the motion for the removal
Of the receivers, and when the name of
w. Archdell O'Doherty was spoken, W..
w. Mcfarland, of New York, attorney
for the A. & G. w. r. R., stated that he
was authorized by Mr.. O'Doherty to
tender his resignation of the receiver
ship. Thus Gould is left alone In the
contested Office.
Mr.. Hutchins read an affidavit from
Colonel Rush e. Hawkins, Director, and
formerly attorney for the Atlantic aud
Great Western road, wherein he gave
the particulars of compact between
Gould and McHenry for getting an order
of sale quietly, thus throwing the
Atlantic and Great Western into their
hands. The company was then to be
recognized, and Gould was to take
sixteen twenty-eighths of the stock and
McHenry twelve twenty-eighths.
There was also letter from Fred
erick A. Lane, attorney of the Eric, to
Hawkins, proposing that the Erie and
Atlantic and Great Western make q
Joint arrangement for appointing re-
ceivers that 30 antagonistic element
might interfere.
Another affidavit from Hawkins
averred that the plaintiff, John
r. Penn, in whose action the receivers
were appointed, was instigated by the
Erie Company in collusion with it and
in the employ OF it or of its officers, that
the object of his action was to prevent
payment of the rent due the A. sc. w.
Joseph McHenry's affidavit declared
Gould to be a large holder Of the Erie
and A. & G. w. bonds and securities
according to his own reported statement
at the time of his appointment to re-
ceivership, and since when the attor-
neys were about to begin their pleas. A
delay was asked; finally an adjournment
taken until to morrow morning. Judge
Boynton stated that he would have no
more delays, and now We may expect
either settlement or pushing Of the
case to its end.