The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-27

The Erie case was brought up to-day before Judge
Boynton. All the parties were present excepting
Jay Gould, who is sick F. A. Lane and the Erie
party, j. Gould and W. ArchdaIl O'Doherty as re-
cevers, swear to the following abstract Of the
ing Of the Atlantic and Great Western Railway from
April 8 to August 81 inclusye:-From freights
s1,4e2, ia; from passengers, s3s7,27a; for mails
s14,1o7; from express, sSo,572; miscellaneous,
sie,lo2. Total sl,9347 ia. The road meanwhile has
moved 430 tons OF freight 93474 passengers. The
debt of the Atlantic and Great western Railway is
as follows:-Mortgage bonds, s30,3is 900; accrued
interest thereon, s7,o243O7; debentures, sl4 00o OoO
floating debt, sl3, 900; stock, S30O000 900. Total
s94,373 2O7. There are afidavts In court that the
road cannot sell for sl5 600 II put the rket
with the utmost care. Adjourned till afternoon.
on the reassembng of the court Mr.. McFarla nd
urged an immediate hearing on the motion to re-
move the receivers, which was opposed by the Erie
attorneys IN every possible way and protracted dis
An afidavit was presented from Jared b. Baldwin,
New York physician, dated New York; November
"a, swearing that Jay Gould was then too sick to
leave his residence on Fifth avenue TO this a gen.
teman In court replied that to his positive Knowl.
ledge jay Gould was at the Office that same Wednes-
day evening.
The next delay was by request OF Erie counsel for
just twenty minutes to get a Geographic answer
forwarded TO New YORK. The intermisslon was al
lowed, but darkness came on and nothing was
heard from Gould, so an adjournment was made till
evening.
In the evening Mr. Hutchins, for wisner II. Town.
send, a defendant proceeded with the motion Tor
the removal OF the receivers; and when the name OF
W. Archdall 0'Doherty was spoken w. w. McFar-
land, OF New York, attorney for the Atlantic and
Great Western, stated that he was authorized by
Mr.. OiDoherty TO tender his resignation of the
receivershlp. Thus Gould IL left alone in the con-
tested Office.
Mr.. Hutchins read an afidavit from Colonel Rush
G. Hawkins director and formerly attorney for the
Atlantic and Great Western wherein he gave The
particulars OF compact between Could 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 reorganized
and Could was to take sixteen twenty-cghths OF the
STOCK and MclIenry twelve twentyeighths. There
was also a letter from Frederick A. Lane,
attorney OF the Erie TO Hawkins, propos.
Great western make an arrangement for appointing
receivers, that no ntagonlstc element might inter-
iere Another afildavit from Hawkins averred that
the plaint1, John X. Penn, on whose motion the
receivers were appointed, was instlgated to take
TINS action by the Erie company, was III eoluson
win u, ana IN the employ OF IT, or OF It's officers, and
tnat the object OF his action was TO prevent the pay
tern.
James HcIIenry's affidavit declared Gould TO be
large holder Of Erie and Atlantic and Great Western
bonds and securities, according to his own repeated
statement al the time OF his appointment 10 the re-
ceIyershIp and SINCE
When the attorneys were about to begin their
pleas, delay was asked and finally an adjourn
nent was taken until tomorrow morning. Judge
B0ynton stated that he would have no more delays
ana now we may expect either settlement or the
pressing o. inc case 10 Its end.
Negotiations for compromise are lively and may
be completed Tonight
The Trenton Rolling MIN and the Erie Rail-
way Company.
paragraph IN yesterdays HERALD stated that
about 200 OF the worbmen employed In the trenton