The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-06-03
SUPREME CluSI-cRshREDs.

Alleged Conspiracy and Defamatio of Cha
Yrc,rr--Janes Fisk, Jr., INSTRUMENTATION
10 vacatc Order Of Arrest.
Before Judge CardoZ0
James Fisk, Jr., Us. WttaD, n. White c. s. Bush
neil, Lo,,is H. Bristol ana Elihu SpeiTV.-The de.
PENDANTS are all nonresidens of this State and the
defendant Bushnell was arrested short time since
and held TO bail IN this action IN the Of 500 600.
He gave the required ball. and is at liberty SO
far az his person is concerned, but yesterday he
moved before this court have the order OF
ISSUED against him vacated. No complain. has yet
been served in the action, and the motion was made
upon the aflldavits upon which the order was
granted, and was opposed merely on the same
papers. Mr. Fisk wants relief of some sort; but as
appear what he wants In particular, but he assumes
at least that the defendants have damaged his repu
tatiOn The defendant Elihu Sperry, 1t will be re-
collected, some time since figured together with
his wife, Anna, as plaintiffs In suit brought against
Cont az holders Of sxy.onr shares Of the preferred
and common stock OF the company. They claimed
,nai sne road was inIroperly managed DC, and
dividends which would otherwise have accrued to
them, &c.
The order OF arrest was issued ON the anidav,ts OF
George W. Rust and Mortimer Smith. The aiiidayit
Of hus sets out that In April last he went to Con-
necticu by direction OF the plaintir and Jay Gould,
upon Information received to ascertain from SAID
Spcrry and his Wife whether the action In which
they were piaintilrs was brought BY taem in good
faith and in their own interest; that sperry and his
wife are bon persons OF upwards OF sixty years OF
@ snu spS e saea 70 ,na1 e a no
y. Bushnell W. NJ. White and Louis Ii. Bristol had
called upon hun lsperry) and wife and had requested
nom them permission TO Use their stock in an action
they desired to bring against the Erie Railway Com
pany, stating that Bushnell had had d1iculty with
James Fisk, Jr, in relation to the Union Pacific Rail
road, and desired to bring suit against the Erie
Railway Company. They also desired the right to
the action, and stated that they would guarantee
them against all loss by the transactions; that White
should have the privilege OF using the stock for one
year and the right to buy 1t at any time before that
period had expired at par but that any profits nc.
cruing should be for the benefit OF White. Sperry
also furnished subsequently 90 deponent a copy
Of Tue agreement made IN pursuance . OF such
and Emu Sperry. by which the TWO Sperrvs aSreea
that the sad White should have the use OF the stock
for twelve months. with the option to take Inc SAID
therefor s., ana that for the period OF one year rom
date tAprl s. they would not sell or dispose OF said
STOCK except 10 said White, &c. Deponent further
SAYS that Sperry was greatly alarmed when informed
that Mr.. Gould was about to bring an action against
which TINS thing could be fixed; that deponent
commended said Sperry to communicate with Jay
teIegraphed to said sperry from New York. and re-
ceived no answer from him In relation to the mat
heard That sperry was IN New York and upon cali
ing on him with view to Obtain further IDiorma-
ton sperry was somewhat defiant N his manner,
the agreement made. aud that cakes Auies aud
Bushnell were his hackers and that taey were good
hackers. Bushnell witnessed the agreement re-
ferred 70, which was power OF attorney TO Bristol
in behalf Of White:
the andavlt Of Mortimer Smith set forth that he
was an employe OF the Eric Railway Company and
was familiar with It's business and manag .inent.
and that the charge made In the Sperry compaint
that the defendants in that action FISK, Gould and
Lane, mad FUSED the earnings OF the company for
gpeculaions and adventures foreign to the purposes
for which the company was formed, and not author.
wed by Its charter, and that they were using sad
funds for their individual benefit and profit. had
greatly injured the said Erie Railway Company aud
the said Fisk
IL was claimed, on behalf OF the defendants, by
ex-Judge Emott, that the allegations WERE IN any
event, privileged ~ being made In a regular judi
cia proceeding and that until the liberalization OF
that suit this action could not be brought, and the
rghts and relations Of all the parties must oe con-
tnued by the instiument-the complaint In the
United states Court--in which the charges were
made. That action was brought for the enforce
ment aud protection OF q substantial right, by
stakeholder. II this agreement wers actually made,
ne presumed II would not be denied that the defend
ants must stand or fall by n.
, lt was claimed substantially BY Messrs. Stouqlton
and Seward In opposition that this was not mat
ter OF privilege. The charges made In that COM
plant that the directors of' the Erie Railway Com
6any were guilty OF embezzlement or misappropria-
Hon were not necessary part OF That comp Amt In
the plaintiffs effort TO protect hts rights In relation
10 tie payment Of the interest on his stock, and the
case was one OF conspiracy, the object being to in
lure this paintin's reputation by making these
charges against him. under cover OF legal proceed
ings and TO the publication OF the same IN the
newspapers II such course were recognized II
would nc easy 10 procure any man TO bring an action
for the enforcement OF n remedy against second
party with the understanding that this second party
should DO dealt with very enienty, while third
party more remotely connected, or not connected at
all with the second party, might he charged with the
commission OF all manner OF crimes, unusf the pea
that IL was IA q judicial proceeding aud therefore
Mr. En,ott had not replied at the adjournment Of
court but will be heart TINS morning.
TT,