New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-11-22
THE ERIE WAR.

ton OF the defendant before trial Inc complaint alleges
that February and March, 1853 several actions were
commenced against the plaintiff and certain OF us ON
GERS in which the complaint alleged various acts on ING
part OF officers OF this plaintiff and particularly Oh the
part of Daniel Drew then the Treasurer Of the Erie Rail
wav Company, which the said complaints asserted
TO be in fraud OF this plaintiff and OF us
stockholders that the said complaints all purported
10 be brought for the protection Of the stockhoers OF
this plaintiff SUCH and prayed for no damages against
this plaintiff bat only for such relief as 1t was therein
claimed would for the advantages Of the plantn tnat
the defendant herein not party Of record In any vi
the said actions, and publicly denied that ne
had anv interest q IN or control over them;
that I'm July. 1868, q compromise OF the said &C
tions was effected between John g. Eldridge, the Pres
dent of the Company and Daniel Drew, us theh treas
urer on the one part, and Richard sche ana ftahA
Worth on the 0tnsT b Cy that the said sche
should receive $42s25o or more from tle Sopsny UNA
the defendant slou oe csnv IN The manner here
after described, and should receive sl;oVOy" % chass
direction OF this pa " the Sno Boston, Hart
ford and Erie Railroad Company it e'Ob1D,,SId
at 80 per cent ana 5nh ndoyse the same that on
or about The 18th day ofJuy 1868 at tls Cy OF eec
York the foregoing me G EsS en having charge
of the plaintiffs funds acting IN obedience 70 TUG S
Of the directors Of is Ere Spto or naSncs Of the said
Ridridge and Drew paid or caused TO De psia 70 iI
dafe
Roston Hartford and Erie Railroad COMPANY "
the amount OF ST. oO belonging to tne IRE 40
and Endorsed by iIs President ana ~ soy Of
I'm consideration Of 10000 shares OF the caplll "a
Erie then transferred by the defendant 10 plhI a Az
at the time the officers OF tse COMPANY a. SCo 0O
I'm cash without any lawful valuable, or snlcenC
Ts sn PEe al Of the Boo6 Hartford and Erie
RAILWAY Company and had large interest," thoTeln 40
sookhoder and otherwise and had great persohal
s ~ gain by disposng Of the bonds OF that road TO
the Erie Company. ana 9y procuring one Ps ir,eIv
dorsement thereon; and Daniel Drew was largely
ndsbted TO the Erie Company. and III one OF the acons
of that Company injunction hau Deeh gldnS " SU
Supreme Court restraining inc DIeUaOIsS ~ defend
from Endorsing any OF the bonds so 70
ant and from compromising the claim OF tie ElIe ooin
Pany against Drew that the Secs 9Io was to
nut an end to the injunction, aud the oo)eet OF
sche and Work was TO MAKE money bS the no comnro
selves and all that they intended ny tmo Son hIip
mise was to defraud the Erie Company ana ~ ..
was known and intended at tne ume Oh te ,ond aS
lion between plaintiff and defendant by the dsienuan.
that at the te Of these transactions NO Ia IN
claimed TO have control over schsm H. anu with tbe
duced Edrdge aud Drew 10 use thel lnnuehce Wiz. o
other OF the Company 70 eOmpel to PIo rg
Of his stock and promising mat the aHa b as
Company should be DISCONTINUED u tne P uTup "a no
made; that under It's charter the Enc Company nan no
authority TO purchase the stock OF Defendant nor w.
have any use for such stock, had IL any advantage
10 gain from such purchase aud that the price theIeo
was at $4,000 more than could have Deen %
for 10 in the market; that, DeIOfe conIinencIhs VIZ
action Company rendered return oI 5oY9 shtss VI
It's STOCK which was refused oy taS G Hs snusny
The Erie Company therefore asked that the ueiehuhh
be restrained from selling transferring the stock OF he
Boston Hartford aud Erie Railroad Company, anu Sis
n obtain Judgment against the defendant, competing
him 10 deliver to the Erie Company the stock 70 trans
lerred to him. and failure 10 DO which, DC give Do
IN protect tine plaintiff against all claim OF puIchaeIs
thereof aud that he defendant pay to pialntin me sum
OF S. 900 with interest from the lh day july 1905
Tne dcfeDdOnt, reply, says ne mas no knOWieise Vi
the matter alluded la the former portion OF ire COM
plant to judgment as TO It's truth ne admits he
allegation In the third clause and that the ACTIONS
toned In the complaint compromised about the
month Of july 1865, and discontinued, but deples any
knowledge or information as to whether such
was effected between the parties named IN tue touII
clause said complaint or what the terms Oh sueh co
nronise were he denies that he party 10 the COM
promise he admts receiving the money ahd bonus men
toned IN the complaint but denies tnat tney were re-
ceivcd In pursuance Of the agreement aeReu ia he ~
naipt or by virtue Of the alleged compromise aud de-
mics generally all the succeeding allegations OF the com
plant. -, o., .bo r,,rooso
OF being examined before Trial lie was nrst e1amiheu
by Mr. David Dudley Field, Who WITH MS protei, hP
peared for Erie Company The following IS the teStl'
mony elected by the examination: 3d., r. o,or,d 80
Treasurer OF the Erie Railway Company 100000 ana
also bonds OF the Boston Hartford ana Ire RAILWAY 70
the amount OF Sl20OOOI A. receiver from Jay uo.iu
certified check COO and check Of the Boston,
Hartford and Ere RAILWAY for sioo Tor the PuIPSee
Of carrying out contract had made Win M DIeS 10.
tho sale OF certain amount OF stock made that contract
with MIR Drew the forepart of July. few days before
this transaction do not know that anybody was pres
ent; it was made IN my house. -,
O. State the contract fully A. sold Mr., Drew 5000
shares OF the Eric Railway stool for si,o0OOO;
o How were the ~ 100000 to be paid A. In money
8 Mas that the price the stock was then selling at
I'm The markctl A. Upon M honor don't know that.
O. Did you not then knowi A. think it Is very
o. was not that price much above the market price
The price Of Erie stock at that time had Deeh Nascu
Question repeated. A. don't know.
O. Did you not then know it, A. can't say whether
did then; think Il very probable It above the
market price, 10 large block OF stock, and you
could not buy i auIess you run lRa up o mus, sell y,
probation A. II you sell it, you have got 20 sell t
the price did not care about selling 1t AZ that
O. Had you held the stock long A. Well FOR IsOme
time 4; | can't tell how long.
O. Had you bought t during the litigation OF that year
and the previous year A. That don't know.
O. DO you not know whether that stock was purchased
by Won during the litigation commenced the previous
Autumn and carried on IN the beginning OF mat year,
and for the purpose OF affecting the litigation and Of be-
Ing affected by rs A. had nothing To do with the ti-
VIon; never paid any attention II; thought when
was worth tho money; supposed il was good stock
O. Did think II wOulu rlSef a. lsupposedN worth
tie money whether II rose or fell.
o. DO YOU know how IL was that that contract you
made with Mr.. Drew came 70 be carried out by MT;
I;nuIdf A That was n matter between Mr.. Gould aud
somebody ese-the President and Dir. Drew recOect
perfectly well when made that contract with MIR. Drew
will not sell the Erie Railroad anything; will have
nothing 20 do with - Mr.. Drew replied he pur
INV mind because the Erie karoad Ind got many
difficulties that would have nothing 70 do with them
O. Did You suppose that Mr.. Drew acting for the
Erie Railroad in that negotiation or purchaser A No ;
Thought so previously. Maybe might not have thought
OF such thing at the tlne know made up my mind
to Il that would not have anything 10 do with the Erie
Railroad In any way. ....
carried out by Mr.. Gouldi How came Mr. Drews con
tract be carried out BY Mr. G0uldi A. That IA q mat
ter betyeen Mr. Gould and Mr. Eldridge and Mr. Drew
understood from Mr.. Drew that Mr.. Eldrdge came 70
him and wanted 10 make some Arrangements about that
SO zoo shares OF stock that is what Mr. Drew told me-
MIR Drew was 20 pay ME this money In money; Mr. Ed
ridge had lot Of his BostonE Erie bonds that Re wanted
10 dispose Of and II he could succeed In getting
"A portion OF those bonds of, and taking NJ r.
Drew's moueY--that was the object he had, as
,uposed took that account CPS bonds think that
cancelled those 5000 shares at the price or so couse
auentV he had but three and half millions 10 nay in
Stead of four supposed that Mr.. Eldridges motives
the 10000 finally pad BY G2o OF these Boston
aud Erie bonds for half million; Mr. Gould brought me
these bonds he then SAYS: Iere Ia certified check
fnr million M dollars together With these bonds II you