The New York herald., 1870-03-18
THE RAILROAD TITANS.
FIVE MILLIONS IN THE AIR.
Fresh Developments from the Erie Well
ssPlt Money in Thy Purse''- Railway
Chesteraelds and How They
Swore - Temptation Jim
Upon the Stand.

some new legal shaft would be sunk interesting reve-
ations were earnestly looked forward to, and BY
none more than the defendant himself who, leaning
upon his venerable stick rocked himself dscOnso-
lately, and ever and anon cast wlstful glance
around. 1.-THE Twelve Temptations" with his usual
taunty air. took his seat with knowing wink all
around. Eleven O'Clock. Judge Barnard having taken
his seat upon the bench,
THE CROSS EXAMINATION OF GOULD
was resumed After referring TO the settlement and
the issue OF Erie stock and the subsequent appoint
ment OF receiver, he stated that 1t his impress
SION that the executive committee authorized this
suit to be brought. discussion then arose as to
the production OF the books. and petition having
been read setting forth the formal proceedings in
the matter, the Court held that the question as to
the legality OF the issue Of the stock was concerned
was not material. Several questions were then pro-
pounded Dy Mr.. Clarke as to the disposition OF the
stock The witness stated that the Erie Company got
rid OF all Its money by this settlement; Mr.. Drew
paid In on that settlement $40 900 on account OF
the company's claims; two or three months after
the settlement there came break In the market;
Mr.. Vanderbilt agreed TO carry some stock; we
became convinced that he had violated the agree
ment; there were secret negotiations between Drew
and Eldrldge OF which we did not know; witness
could not state the greatest fluctuations in the
stock, but II declined from the time OF the settle
ment: witness could not tell the numbers OF any OF
th0ertifcates received by the company; he could
ascertain the numbers of the certificates thrown on
the market by Mr. FISK, but could not ascertain the
numbers OF those received by the company: the
$54o,oOO came from MIR. Drew; the $780, 900 came
from the treasury OF the company; they did not
get all OF the $500 from Mr.. Drew; he was
4hoWed interest; he mad before paying TINS
money money heard from a.,, Mr Vanderbilt or or Mr..
Mr.. Drew should take tins stock; pc thought he
heard about It from Mr.. Vanderbilt af one OF the
tervlews, and Mr.. Vanderbilt expressed prefer
ence to deal with the company; he never heard OF
any arrangement between them except wnat the
Commodore told him, tnat there had been negotla-
ton; he did not think Smith, Gould and Martin kept
any record OF the numbers Of the certldcaLes re-
ceived by them. In reply TO MIR. Fleld the witness
stated that Drew's s54oOOO were paid INTO the trea-
sury OF the company, and that
ONE GREAT INDUCEMKNT FOR THE SETTLEMENT
was that there was 10 be peace and harmony be-
tween the companies, and when the Belmont suit
came out OF the same 0ffice witness began to sus-
pect bad faith the bringing OF the suit was un-
authorized by the executive committee
Mr.. James Fisk. Jr.. was then placed on the stand
and examined by Mr.. Field. He testified IN o loud
and confident tone, as follows
q. Mr.. Fisk, you are now director Of the Erie
Railway. thinkf A. Yes, SIR.
z. In 1868 were you directOrP A. Yes.
z. Had you an interview with Mr.. Vanderbilt In
the summer OF 1868 IN respect TO any negotiations
between hn ana the companyf A. had an inter-
view with him; don't remember the time precisely.
Y VIM You state wnen the first interview oc-
Cured as well as you can remembers A. In the
spring or early part OF The summer, when we came
back from Jersey; was absent in Jersey City for
lapse OF time-(aughter)-I visited the gentleman
In company with Mr.. GOula
Q. state what took place at that interview, where
1t was, with wnom you made 1t and what was said.
A. we went To his mousse, rang The door bell were
SHOWN into
THE RECEPTION ROOM BELOW STAIRS
-(laughter)-bUt were finally Invited TO the parlor
up stairs; Mr. Vanderbilt then sent Tor to 90
his room: 1t was Ike the ane-roJln Of his sleeping
hour; tnat conversation was regarding the settle
ment OF all the suits that had been IN litigation
during the winter, ana the main part OF the IN
formation which he wanted to get from me-
Mr.. Beach, object TO that
Wltness-He told me that all the directors OF the
Erie Railroad had tried To trade with him, and
wished TO ascertain who was the proper man; said
n the trade was good he could Trade with me augh-
teri; he told me had as much power as any OF
them; ne said that the old man Drew was no better
than batter butter; that Eldridge was demorazed,
and tnat the AFFAIRS or the Erie railroad had ne ner
head nor Italian opinion with wnicn I agreed |
uaughter); there other part the CONVEX
sation that do not care TO repeat he told that
while we Were In Jersey City every time thar Mr.. |
Drew could get out from under our eyes he slipped
over to get the corporation to trace with nm In
order TO get out OF the difficulties; Mr.. Vanderbilt
had
A GREAT DEAL OF TALKING
about relieving MIN OF the stock ne had uninten-
uOnally bought; he wished know from me
whether II he made any trade with Mr.. Drew any
trade with MT Edridge. In my opinion the matter
nearly as / could understand 1t that he
had got the stock and they meant he should
tiations going on after leaving Jersey City, but
1 was not aware that they nad been going
sa they naa that y rnsy s made raae s wes ns
Mr.. Drew but ne thought 1t could not be consuin-
mated; he made me a proposition to the effect that
II Mr.. Gould ana myself took up the matter IL would
he carried through IN which event all the litigation
would end, he having the control OF ttnat is, II we
advocated this trade and took tue stock of his hands
and pay his losses there would be
PEACE AND HARMONY.
Q. What did ne say about controlling the lisga-
tony. A. lie SAID ir all depended upon nlm what
was done.
Q. Al tnat meeting you were alone with Wander
wasa A. Yes, sir.
O. What was told when you got there2 A. the
conversation was partly reiterated; the conversation
was more addressed to Mr.. Could than to me.
O. Have you told all that TOOK place at that inter-
vewY A. ! have not told ali that took place on both
sides.
Q. State ali you know about itP A. proceeded to
explain to Mr. Vanderbilt tue position | had taken
regarding the entire affairs OF the Erie Company
the manner IN wnich they had been acting; this was
In his bedroom; told hun ABOUT
ATTACHING DgEws PRIVATE PROPERTY
that he Vanderbll0 was aware OF the entire pro-
ceedings and the intended disposition OF the com.
pany's money; told him tnat no decent man wouu
submit TO any such thing; he SAID TO me that must
take my position as found IT, and that he would
Keep his bO0dhounds after until he made
take 1t, and he was id n he would nave any such
stock tSensation in court.)
q. Who did Mr.. Vanderbilt refer to rs the blood
houndss A. Mr.. Clarke Tor one and his lawyers;
said was id but ne should keep 1t, ana ne
said would pursue us until was taken; he after
could never be reached unless tried TO back his
money, and that he would never submit 10 II under
any circumstances; was thunderstrnck and dumb
founded, aud said had considered there was some
spark OF respectabty about the men who had traded
In sucn way this conversation took place before
came into the room where Mr. Gould was; he vr-
tnally repeated The same thing III mis- presence; ne
SAID
THE SUITS WOULD NOT BE SUSTAINED
II ne were settled with; his conversation was
mainly directed " Mr.. Could; his remarks to Mr.
Gould were that we should not be able 10 ret out OF
our litigation until he was settled witb
Q. Now, Mr. Fisk, when was your next Interview
In reference TO this negotiation? A. IL was some
time after that we had meeting with MIR. Eidrdge
at the Firth Avenue Hotel: found he was not
there and being desirOus to lind him | went to Mr.
Pierreponts house with Mr.. Gould; we rang the
bell, stepped into the han and inquired tor Mr.
Plerrepont
COLD SHOULDER AND WHAT CAME OF IT.
The servant told us ne would whether he was
In not; Mr.. PIerrep0nt stepped into the hall re-
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