The New York herald., 1869-04-15

afldavit stated how much money was there. IL Is
not material how much money Is due ON that
account. Cur Qilidavlts snow that all the money that
bank owes Mr.. Crane is owed TO him. and IL Is his
and no one eise's. The plain,in has demanded
that cause be shown why this bank balance should
not be taken OUT of the bank and put INFO the aiids
OF tne plainiiif or other recover ana tqe
defendants have shown good Cause, under OATH,
why 1t should not. II ~ a seftled pfac-
tlee that no reference can be had in any such case
II defendant has shown cause he is 10 be dis
charged, aud the plaintiff may begin again II nc
wishes to Try another experiment. When ne comes
into court upon an aIidaylI ON Information and be-
lief IN most suspicious case, but just enough TO let
the action be recognized, and calls upon us 20 snow
cause, and we do snow cause uiiuer oat that tne
end OF the proceeding and there is no reference 10 be
had. We are called upon this morning TO show cause
why we do not pay over Mf Cranes money TO Mr.. Wm
NJ Tweed, Jr. We have several such causes to show.
We take the ground here by aiaviG, and also openly
claim and insist, as counsel, that this Mr. Tweed -
no receiyer tnat he Is nothing but trespasser
upon the premises OF thai company, and that MS
claim upon the Corn Exchange Bank is no better
than highwayman's demand and that he mas no
right whatever III the premises. now pass TO the
consideration OF the other point. II Mr. Tweed was
perfectly good receiver-u that question was ail az
All end--he could not maintain this action amoment
and this relief could nor be demanded at all In any
place where tue law Is properly administered what
Is receiver receiver comes IN SUCCESSION ION 10 sne
Pacific Railroad Company Of Which he Is receiver.
He has no more rights tnaT the Union Pacific Rail-
road Company has, II the Union Pacific Company
made an assignment to an assignee aud the assignee
held the power Of al the assets OF The company,
means The company could not MAINTAIN 1t, Its as
signec could not and the receiver cannot, This
complaint .9a5 sce % sat % NJ e Sopsng een
his bank account with the Corn Exchange Bank,
and the plaintiff wishes to pursue that fund. the
receiver would have right 10 bring suit against the
bank on that bank account as a simple debt; the
assgnee would have right to do so, or the CON-
' ana execution we're duly obtained they would have
. right to satisfaction; but taking execu-
tion before Judgment and before issue seems
to be the piantlffs purpose and deterin-
nation. This is asking what never was asked
before, and the audacity with which this prosecu-
ton carried on Is without precedent. II the Corn
Exchange Bank was foreign corporation aud had
money here you could not proceed against 1t lii THIS
STYLE but you could issue an attachment against It,
aud the bank would have to hold the fund or give
security that 1t would remain there unti Judgment
was obtained. This IS domestic corporation, aud
1t is for all ts deposits. There IS no allegation OF
any description to justify the present demand except
Plaintiff claims the right not only to bring suit but
to take pay before Judgment. He then puts ia his
execution on che spot, and he has the coolness 20
ask, not that the money be put into the hlnds
Of some different person. but paid over
to him. lie is the plaintiff who .says:-'I
nothing in 1t, ask the Court 20 make order that
you pay the money over 60 me-" Whatever Sc urlty
Mr.. Tweed has given the 800, ,0O0-a young gem
tleman who does not pretend to be q man OF for
tune--however good his security, there IS no Just
basis on which TO ask US to pay over five millions
The Coult-Every contested motion argued at
chambers necessarily raises disputed questions OF
fact and whenever the Court hearing any OF
these disputed questions justice cannot pro-
perry administered without having further inquiry
money to Mr. Tweed. The application is to
nSsnr sS .nS GG to the send bank sl trust pays so
pany where 1t will pay something pending this
Litigation and and II y It should turn urn out that
ment OF an action Of this KIND he Will have to re-
spond in DAMAGES (which his bond win be amply
sufficient for, and the defendant whose money may
have taken will have 1t secured by the protec
ton Of the law, and &C the same time have proper
rs to % ANY
reason why this case should take different course
from that which motions OF law takc-that is, to
OF few days by reieree 10 see who owns thus
money and whether IL belongs to the Union Pacific
order will be discharged Immediately, ana such
order Will be made by the Court which viii protect
Mr. Crane in all his interests and his rights and
give him full compensation for any damage he may
sustain. will make an order or reference TO Mr..
Anasa A. Redaeld, to report at S, an eariy day:
dressing the Court said:-May 1t please the Court,
whatever may ue said by counsel about the action Of
pany, or its most extraordinary history, think may
say that Mr. Crane In this action, for whom appear
heTe T az ts me We have here Sir the Spectacle
Of third person, not party 70 that action, sued,
ana his eaaK M pas
belief and that Of tho Widest and vagucst character
There is not one solitary positive allegation made
that that could not obtain an Injunction
allegations; but here we have an injunction so
granted and 10 IL sought 20 be continued even after
the party has under oath nasy conlradcfed the en-
grounds for an injunction exists. ana where the
Court should Of its own motion vacate the injunc-
ton Upon what pretence 0f law or right can this
plaintiff here clafin the right to tie up my clients
private funds after the facts elicited That have
transpired on this hearingf II the Court Will
grant and continue injuncrons against outside
persons afflavtts OF mere Information
that that with WITH the case WHICH saca afidayss
have been made on the other side In that cause
may expect injunctons agliust every one that TITS
receiver hls counsel may suspect OF having money
and tying up their bank accounts. submit that
there Is neither law nor precedent for such pro-
Mr. Field, for the plaintiff, submitted that he
asked the reference to ascertain the facts as TO the
Mr. Durant, aud he thought 1t but right certain
now he became possessed OF tins .arse slti, and
lisewise for what purpose ne held It, We're counsel
Mr. Tracy-The learned gentleman has asked q
question which ! am bound to answer. He SAYS,
are we afraid to have Mn Crano exaiainedS We are
MIR. d. d. FieIi-Ihcn why not consent to this rcse-
Mr. Tracey--why should VIC not be obliping to
those burglarsf Way should we not have our
bowels or COMPASSION movedf lou nave trespassed
in the doors OF tho Pacnc railroad Company; yol
have carcered around with your posse conitatus OF
and tried weak TO unlock wita che Key IN your
pocket and now you ask us are we afraid Wait
tilI we show the white feather. We owe no favor
or courtesy To this assaiiant. We are proulht
here by an uuwarraudcd, Illegal and out
rageous proceeding In ne form Of Q law sui,
and witch stands on nothing; and now, when wo
are called upon 10 show cilsr, and nave shown
cause oath. aud are entitled by all the rules OF
practice to be discharged. the gentleman VINO talks
no boldly asks tue Court although we nave shown
cause completely. that We should s,i go on and
have an examination, 80 that he can proong th.
torture and keen up tne existing annoyanccs and
thus endeavOr 70 iorce tie conpauy into pay M
black mail to Fisk the great rcoincr. All the pre-
teaccs OF wing ON ins case pi regular practice
might as well DC Laid ASIDE. All has been donc
by iorce or by swearing upau information and be-
lief and when there IN complete answer unuer
oath the plaintiff demands a reicrcnce.
The LOurt--in making this order OF reference l
did because there - disputed question of fact
here, and there are certain things that court has
rQht 10 take notice OF, OF tscl Now, In thts case