The New York herald., 1869-04-04
THE UNION PACIFIC RAILROAD WAR.
CAPTURE OF TEE SAFE" RED0UBT
MIR. Tweed's Despatch from
the Field of Victory.
yhe Battle Renewed in the Su
prene Court.
THE NAMES OF THE STOCKHOLDERS.
Before Judge Barnard.

Before Judge Barnard
James Ftsk Jr u.s. The Union Pacific Railroad
LitigatOn.-This seemingly interminabe contest was
resumed yesterday morning at the sitting OF the court
There was the usual array OF counse, nervous 10
certain degree yet apparently Indifferent to the sur
rounding eager throng tnat came as spectators Of
the conflict Legal ordnance Of the heaviest calibre,
briefs and documents, were drawn up in line OF
battle while the chief leaders marshaed themselves
and their hosts for the encounter. There was an
evident hesitation in leading of, so Mr. Field, Jr.,
was thrown out as skirmisher, and thinking it
more advisable to open the ball at once banged his
rifle by reading lpe receivers report, which was to
the following effect:-
RECEIvER's REPORT.
That pursuant to the order OF the court he
treceiver yesterday opened the safe of the Union
Pacific Railroad Company, when he found within a
number of books, and 1t also stated by the OFF,
GERS of the company that it also contained pro-
perty, consisting OF bonds and coupons amount
ing to hundreds of thousands Of dollars, and
that he was now engaged in taking an inventory of
its contents That pursuant to another order of the
court he produced before A. A. Redfed, the referee
certain of the books OF the said company and also
certain books of the Credit Mober of America.
ARGUMENT OF COUNSEL.
Mr.. Tracy then rose and poured forth an invectve
against the general tenor of the report lie respond
ed to Mr. Fields solitary shot, but owing to the mist
failed to reach the mark. Yet with remarkable
courage he advanced all the while, and Kept up a
heavy fire. Some Of the spent balls unhappily re-
suited in serious wounds; for although the chivarous
receiver now removed from the scene Of action,
they hit him Unexpectedly, but the extent OF his
injuries have not yet been ascertained. At last ac-
counts he was doing WELL But Mr. Tracy, with re-
markabe and courageous persistency, kept march
ing on, counting danger at every STEP TILL at length
having answered the report Of the receIver-he re.
tired for renewal OF ammunition.
Then Mr. StOughton advanced to the front with COM
manding mien. Wit and humor had been left in the
tent behind, and now the stern determination to con-
quer was manifest to the surrounding compatants.
He refuted the allegations of his opponent He had
understood from MIR. Tracy that the citadel OF the
railroad totally devoid OF provisons containing
only an almanac and twelve shiings, which was not
by any means sufficient to supply so vast an army.
Yet when brought TO the point Of the bayonet on the
preceding day, Mr. Tuttle the treasurer OF the COM
pany, admitted that the citadel or safe contained
several packages, bonds and coupons. He ven
tured to state that in the annals OF legal
welfare for the first time in life antagonstic
counsel had ever questioned the report of referee
regarding his official oath. Mr.. Tracy had stated
that the instrument Of the gallant receiver SUBJ
stantially false in its construction. In fact he con-
sidered the statement grossly improper to be made
in the judicial Geld Of battle.
Counsel then produced the NEW YORK HERALD and
read rom its volumnous pages the ante mortem de-
positions of Mr.. Tuttle who, counsel observed, de-
posed reluctantly, his situation and consequently
his bread depended upon his statement, and had 1t
brought to bear upon hlm he probably would not
have SAID so much.
Mr. Tracy again essayed forth, contending that the
conversation alluded TO by Mr.. Stoughton was only
the general rumor that prevailed.
Mr. Stought0n thought that the railroad might
have gwen up the key OF the gates Of the castle and
Mr.. Tracy considered that the beseiglng party
might just have done the same thing.
beautiful calm now settled upon the determined
faces the warriors and the flag OF truce having been
holsted, hostilltes were postponed TIL Monday, at
THE CASE BEFORE THE REFEREE.
At ten O'Clock yesterday morning, in pursuance Of
adjournment on the previous evening, the hearing
Of the before A. A. Redfed. referee, was re-
sumed at the Office OF the referee No 20 Nassau
street.
There was a large array OF counsel present on
either side, who relieved themselves during the day,
they taking turns Of duty and rest throughout the
tedious and protracted session.
Messrs stoughton D. D. Field and Dudley Field; for
Clarke, Bell and Mcfarland.
THE TESTIMONY.
Charles Tutte recalled. The witness in explana-
said;-G. M. Dodge is the chief engineer, and the
monthly statements are sent 10 the auditor.
Examined by Mr.. Field
O. What is the christian name OF Mr.. Hoxief A.
il. NJ uoxic.
@ Where does he liver A. He lives In Omaha,
think.
q since yesterday have you reflected upon the
questions put to you, so that you can answer them
Mr.. Tracy oDjected-That the witness reflections
are not matters OF evidence in this case; also the
question points tono one interrogatory.o which there
are about 100 IN number.
Mr.. Fied-The question does not suggest any in.
dehniteness To the witness rs 10 which question he
means.
Objection overruled
A. don't think can.
q. DO you see here the check books OF the CON-
pany or any OF them, and If so state whether they
are all the check books used by the company since
1t has opened its ONCE In New York;
Witness examined the check books produced by
PLAINTIFFS counsel and answered:These are all check
books, but not all Of the check books; these six
q. How many more check books OF the company
are tberef A. There are two more.
u what check books are those that you have just
recevedS A. The check books Of the Credit No.
bIller.
O. What dates are they2 A. Commencing Dccem.
ber 20, 1885, and ending January s, 1862 first book;
the second book Is dated August 2, 1867 and last
date Il March Is; don't know the year.
U. Is the check book here which you used to paw
on the Davis contracts A. IL is.
Q. Take 1t aid turn to the last check you paid on
the Davis contract; what was the dateS A. March
~, 1869.
Q. Readit. A. "w. r. Kennedy, s5,ooon
O. on what voucher dld you pay that check II
any A. Paid II ON Mr. kennedys draft.
-. q Had you any other authority for paying II than
fhatY A. I had.
q. what?
hr. Bell objects 10 the witness stating the contents
OF the contract. The referee rules that the witness
cannot testify 10 the contents OF any written con-
tract except so lar as 10 answer the question
whether was under the terms OF any contract that
he paid the money!
Delendant-ExceptY
Witness-I had the engineers estimates.
Y. Where are they A. don't know
v. what did you do with thcm7 A. Nothing.
Y. Are they now In your possession : A. Tley
have never been In my possession.
Y. where did You see them A. In the ONCE.
Y. Dld ANYBODY show them to your A. No.
q. Where did you find them A. In the once
Y. In what part Of The ollceS A. ON the auditors
desk.
O. Who is the auditor A. II. f. How
q. Since the payment Of $4,000 on Kennedy's draft
have any payments been made on account OF the
Davis contracts a. am not sure.
O. Have you made anyS A. am not sure.
Y. what II your best recollection on the subectY
a. may have paid one draft since the nth Of