The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-13

Another AcrObatic Performance i'm
the Great Ramsey Case.
Some Ground and Lofty Tumbling by the Law
yers on Both Sides and Final Landing
Just Where They Started-Legal Tech
nicalities as Light Weights-Attempt
al Heavy Business in Cutting
Aloof from Judge Barnard.


suit against Jay Gould ana Jim Fisk, Jr,
came up for argument yesterday before Judge
lngraham, of the Supreme Court, sitting in
Chambers. II VIII be remembered that few days
since application was made to Judge Ingraham, on
behalf of Mr.. Ramsey, for an order to show cause
why an order should not be issued granting leave
70 examine the books and papers OF the Erie Rail-
road Company since the time Gould ana Fisk have
had supreme management OF It's affairs. This order
was granted, and on the discussion upon the day
the same was made returnable 1t was finally dis
covered that the petition upon which the discovery
OF the books was asked was defective In not being
properly verified The Judge ordered the papers to
be properly drawn, and set down yesterday for the
further argument Of tho case. This fur
ther argument developed tho fact that the
verbal order Of the Judge had been dsreaarded the
counsel for the plaintiff believing that the paper In
question properly verincd and required no
alteration. The result was rather an amusing aero
battle performance somersault exhibition, with
the plaintiff landing just exactly in his starting
place. When the case was called the acrobatc per-
formers-Messrs. Peckham, Tremain ana Tracy for
the plaintiff and Messrs. David Dudley Field and
Dudley Field for the delendants-promptly took their
places.
The elder Mr.. Field led on by saying that the
same objection existed to granting the motion as
non-verllca,lon Of the petition.
Mr.. Peckham insisted that the petition was pro-
perly signed and accompanying 1t was an affidavit
OF the plaintiff.
Mr. Field proceeded TO read from various legal
authorities, showing, he claimed, that the petit
ton was not properly verified. Having exhausted
quite library on this subject, he launched into
strenuous enforcement OF its bearings on the pre-
sent case, saying that II was no new law and was in
fun force.
The Judge suggested that the old Chancery rules
were not IN force.
Mr.. Field claimed that the rules laid down I'm
the Code and Revised statutes were precisely tho
same as the old Chancery and Supreme Court rules.
Mr.. Pec1ham reviewed the authorities cited by the
opposing counsel, insisting reversely and with as
much tcnacity as the counsel on the other SADIE that
they mad no bearing on the case.
Mr. Field piled Peon on Ossa by quoting more
authorities ana said he could give more II re.
CURED.
Mr. Peckham said his authorities would do no
BARN and he had better give all he had.
Mr.. Field suggested that the opposing counsel had
better direct hls remarks to the Court and not TO
him.
The Judge asked wonderngly why the petition
had not been changed lie ordered. There GER
tainly he thought, could be no plea OF want Of
time.
Mr. Pecknam declared that the petition was pro-
perry drawn and needed no changing.
Mr.. Field urged that there was something behind
and then spoke OF the order asked for as most un-
usual and extraordinary.
Mr.. fireman. entered upon review Of the authorl.
ties cited by Mr. Field that q ms associate counsel
the subject evidently TO suit him. he urged that
the oDlections raised 10 granting inc order were ny
percritlcal-an attempt 10 enforce the stern iron
| Mr. Field went in strongly for the closest adhe
thn M
OF the courts. Without this they would be all afiOat
Mr. Tracy, In a feeble and inartlcuatc voice. un
derook TO evolve for the edi cation OF the Court the
nice points OF some law case which he claimed was
parallel to the case IN hand.
air. Field declared with Il warmth OF expression
rather foreign 10 his usually bland style oil utter
ance that they must have the oath OF Mr. Ramsey TO
truthuness OF the allegations set forth In the
petition. This was their right and they claimed It,
There was reason why there should be departure
from tne usual procedure IN Mr. Ramsey's case. The
newspapers proclaimed thai 1t was highly immoral
10 defend Gould and FISK and that lL was degrada-
ton to the bar. He stood there 70 defend these
ana their rights.
..Is the plantilr in the cityar asked the Judge.
ale IS present IN court" answered one OF his
counsel.
..rhen nave this petition properly verified by HIM
at once" SAID the Judge, land have this dispute
cndedD
1T shall be DONE replied the counsel
1t was done. In the interval OF attaching the adj
ditiona pivot there was quiet In the court rOoM-a
leaves OF law books by Mr. Field. No sooner had the
TACT been announced of the required change being
made In the petition than he rose TO his leet with
another batch OF authorities 10 back him and inter-
posed another technical objection that they
,ted TO eight days notice OF new matter introduced
In the papers, and It's service upon them Tae Judge
decided that it was not exactly new matter. having
been previously ordered.
Nj. peckham SAID he was rejolced to know that
at length they had got through the teChnicatles In
The case, and he now would enter upon its merits
This was petition 10 produce and allow examina-
ton OF the books and papers OF the Erie Railway
Company. He then proceeded to give the contents
OF the petition, embodylng the muitliarous charges
gers of the Erie Railroad. These allegations set
forth the most gross and agrant frauds In the dis
position OF the proceeds OF s safe OF stocks and re-
ceipts, such as money layishly expended IN lnfuenc
ing legislatures, building railroads, and running
opera houses, steamboats, aud the like Alter giving
~ eceRSO these allegations he proceeded to review
the legal history OF this SUIT OF Mr.. Ramsey, bringing
1t up TO the present notion the granting OF which
he argued Is most essential TO preparing for trial In
this action. The Information IL was desirable to
elicit was given in deta including the issue OF the
convertible bonds of the road, It's transactions with
Commodore Vanderbilt aud, in short, all Its re-
ceipts and disbursements from June 1868, when
Gould and Fisk assumed the management Of the road
Mr.. Dudley Field read volminous affidavit OF
JAY Gould. setting forth specific denial OF each and
every allegation contained in the PLAINTIFFS con-
plant. Among other things 1T was stated that Mr.
Ramsey did not now and never mad owned any
shares or stock In the Erie Railroad AS to the
examination OF the books and papers or
the company, 1t was stated that no information
could be obtained from them additional to oral
Testimony bearing upon the present litigation. Fin
lshng this ailidayt he read af1ldavts offered on
previous melton in the case Of Mr. Ramsey and David
GroeSbeck.
Mr.. Tremain objected 10 the submission OF AMI
davis presented on previous motion.
Mr.. Field claimed these dispositions as pertinent.
The Judge allowed their submission.
Mi. Peckham made q lengthy Speech again dwell
Ing on the merits Of the case and Insisting With fiery
veheInence that the suit was brought In good faith
and that there was good ground for action.
The Judge interrupted the counsel and brought
him to q sudden standstill by announcing that he
did not think the papers submitted by the plaintiff
asking for The discovery in question were sufficient
and proper basis for issuing by the Court any such
order. The General Term In this district had ruled
that in order to discovery OF this character IL was
essential to specify the books and the particular
items In the books 1t was desired to investigate.
Mr.. Peckham urged that they had been specific
possible In their allegations. 1t could not be told
what books contain the specific information they
sought on each point, and the only way to get over
the difficulty was 10 take = lOcx AT all OF Them
The Judge SAID that " natever might be his per-
sonal views he must be bound by the decisions OF