The sun., 1870-12-08
ASTEANGE CASE In COURT.
TtUPTEING WfIH 4 REFEREE AND
InPEICHING ms REPORT.

Ybought he had the Referee Fixed, but
was Observation-Disclosures all around,
md a Wonderful show Of Virtue,
A case of considerable importance now pending
tp NE Superior Court Of this city was recently re.
trrsd to James r. Dooltilc Jr, os referee. Tic
e,.e involved certain stock operations bctwcen
George +. Gray, the plaintiff, aud James Iisk, Jr..
william Brdeu. and William u. Bradford. compos.
ine the Oh fm Of Fisk & BclIen, brokers, defend.
ants The p'mnua was represented In the c.sc by
T'us u Llrls' os counsel, and the defendants by
no.d a sloMmau. After full hearing the referee
announced to Mr. Eldrdge bis Intention to report
d invcr Of the plaintiff and at the same time, bya
anrulaf aud unfortunate coincidence. borrowed
ti5J from Mr. Eldridte Subsequently he changed
Dis opinion, and actually made a report favorable to
pe defendant, and on notifying the plaintiffs conn.
s thereof returned the $50 no had previously Dor.
Goved. Thereupon Mr. EldIdge novel before
Judge spencer, in the Superior Court, to have the
report Of tie referee Get aside, the ground that
undue influences had been eTerted upon that oaicer.
The motion implying that the other side had sue
esssiuly
BRIDKD TUE RLTEREE.
Before proceeding to give the hcts bearing upon
this Interesting point n should be stated that the
referee lie young lawyer Of fair stasding at the bar
son OF ex-senator Doolttle OF Wisconsin. lie was
row seeks ta set aside his report, and ~ that
tine unknown TO Messrs. Field shearman, who,
however, were induced 10 aeeep, him In 30 import
anita case on the representations Of the How Ethan
Allen in whose ofice Mr.. Doohtte is tenant
Mr. Eldfidgo's motion TO set aside the repoiI was
based upon
Mr.. DooLIrTLs's LETTER
"a him announcing his determination to report
.esinst Iu. and hs repy thereto. Mr.. Doolitt!e in
uis letter, reviews the evidence in the case lie
shows that the purchase Of 900 Erie. which was a
principal Transaction between the parties, was
mere aeuon, and that the plaintiff did not have the
sum or siaOOO with the defendants as a margin for
stock operations as alleged In the compliant.
Finally. be SHOWS a direct conflict between Gray on
,As one side and Belden and Bradford on toe other,
and - is induced to yield to the weight Of tesmo.
~ To this 10 ter he sdds q postscript a. follows:
Ps-Ttnow you entertain an entirely different
view Of tie transactions, but the weight OF evi.
dence - clearly against your client. Herewith
re yafiess proportions. Also. your exhibits and
your COPY It the evidence. I send also check tor
$50 With many THANKS for your kindness Yours
SsJ uuy, j. H. DOOLTl1LE. in
Mr. Eldridses reply to this communication,
vtieh us' mainly relied uron to sustain the molten,
sss as follows:
rHs DISAPPOINTED ADvocATs's STORY.
DS,E Sun: found on arriving at ny once from
ar l,Sturdal evening, your note dael the eth IN.
sArt viii a check enc ossd OF RiJD being tbc
Em0unt of a Loan 10 you Of sono wseks pre-
nous. together with notice or adjustment OF costs
&c ls'nncei ,he letter ilst enough to get the
kew wor'i be; and every line oi tsat apology for
ON 'ni "r NJ is ~ indctnent sgain.t you. You
know an no iiend OF fraud, deceit, or duricity
tnt lvtl never tersonally or profes sionally omit
an opportunity to deal Il blow. Your conuuct IN
iais ter is o9t another evidence Of ths in,ous-
teng of man. You are ABOUT to ielVe the city for
Me West 10 engage u the practice. YOU tell me- al
Chicago regret lou should have done an act just
a. iou were about 10 le ve vtich u.ust & r0u.h
hie he 4 you have ANY compu.c ijns Of conscience
asad AID
uSPLbAsASr sorRcE oF REFLECTION.
Now l't US see how the matter stands This
-ause referred to Mr.. rhayer BY Jude FtAian
Amer evtr'l meetings before 1layer the defendants
br some reason, objected to him and during the
,pplc uon to TIE Court 'or TIC appointment of
reerne, he refusing to serve because OF Mr. Fields
oblec ing You cane TO me and desired me to take
700 A. re cree for YOU said your friend Alien could
poria cause, and would require great discrimina.
ton IN weighing the statements OF the vitnfsse-
You assured me Jou were rrooi Igaust all bllnJisu-
mstts, and Would sec tIat equity VS. doac A.
10 arrcint referee AMI lad tiled consented, an
DC 900 un.ueky moment consigael ny clients rights
pethals to
rHE GRAVE or MISFORTUNE
We wen; on with the til before on. ! was baf
Ned at every step DELAYED BY all sorts OF frivoou-
prc'cXts, but testimony az of about ten good situ
o..
italy closed, yoa spoKe to quite freely OF the u.
ter wOrthcsSucss Of the testimony OF the De en- a..
ans, how en'ireb unworthy they were Of belief
and OF toe cOLsistcn', candid, aud accurate tesl
nony OF Gray. fh ally the case was summed up
and you know how uily and completely l went
over sh the testimony; and thai very day hfter to
submission OF the case you spoke 10 me quite rec
B told me the evidence " tie defendants vas not
worthy OF credit, ahd that you stoui find tor the
plsntin on all The material points. You announced
tns fully and absolutely, without qualification.
f33,oO0 EXPECTED FoR $3.50.
fou reeoIect that about this time you requested
lie oah o. tloO. seot you Up aehesk. lnet you
i,autei me for the loan and said you Nerc TO work
looohs over the testimony aud the accounts, ana
General Term could or would interfere with md
you ipll me how you were going to dnd 20 that
give a report Tor about SIS 600. l again met you
ZONE few days aiterw ard at your onice. You h.d
3e lapeTs a out on the tible, and the account
et,ed Yen remarked 10 me that It was plainly .
hse account, and you referred 10 the New York
Ceru4 stock tem and 10 several other items in tine
secoua' anl You then Aed me by hgu es how
iou shouid hnd Tor The plaintiff about $4,000. /
You there stated the balince Gray lad as A
gaft' March 2 1865, al about ki5 40, counting he
h't ulolea suares ol u. :. Petroleum At $25I yer
..ifo' or tSL50 lor that stock, and you ,siI you
ol.l I'VE Cray THIS a"ount ana tie pfod on ilt
tne a' Of tre Inference betseen $l5 and lie pr,ce
u Vac sold ~, te5 and aO8, &C, SC and you
AsErp ng 10 GIVE you soME AUTuomTiEs,
lA.d any which would warrant the auou 1, a. il
' '.NNN vac 7ul was comlneACtd. l Toll
Sld soon alter tbs | uIet you in tie st.,at
Wlolt I1uf once, luu sOld me you Aad looked
over a. the catcs and 1 ueed not send sou an.
AsAHif, iLa- tie rue seemed to be Tue gre.test
aLyn't between tie breach and the triil. ne oab
tlN ! Wf-e was g. al there were authorities bon
ss!tt -n. ongL tte weight Of authorti,s Was .or
- us sAAuh, ne pr4-uce WAS rather toward a
n'l1e 'ouftc, soon alter ills you called On ne .t
- ~ lou iutn nLaiu assured ne you ia Ila
tul Ioi ne pHinth Gray that you were IRE al <
c.luN "il. great c-te, and YDu mentioned scv. ial
.-'l1nge- as w nuw .uu sHuu!d hud and as. ed ln,
Wl1h' NiIcl y,u Wi. recu l,ct dii not give. /
e e wv r'n on hnothef occasion, when We went
mo lfe-I"tLs
TO eEf Sons REFRESHMENTS.
olop Thea t.d me you should dnd in favor OF
~ ss'n- lai on thought Gray had Lecn pretty
80 NN,u Hhd you meant TO see lnm put ri.nt,
hI ',e men made this rrmark "I have come 20
,r5 .'u'iN'''h a.,cr considering the Wlo.e case,
,,s i'4 .i- h,i D,|ug Inc tl lt bl auyt ing YOU
alt luI y "'' '''N' 1P'0u' re-
"F' BON worm FEES wuES You Arr READY
.i Or n'rt sou FOR Some time. but finally
no '' 'He .'iIo ,ie's 0lhc1. / Nes not ablr H.
u. ''"' t-u DOseI to yuu once, but yos
Tt ...t Naf, anI soon / Loot rILLt Of you
ts, .".'I OF thc matter, receive Wuru
a. '" "lcr tat tucS wanted 10 see me
- o. .l iIr amour uf your ices Just as
F,.. '3 "ftc. Toe next dly 1 sent up 90
ge t' ".t a..ri them if ties wanted to see
t .H'F ltNlurI word they dit not Nuu