The New York herald., 1870-03-16
A CHRONIC LITIGATION.
The Royal Railroad Duel--KiRg Vanderbilt and
the Blonde Prince Erie in the Field.

Hostilities Roaewed-Five Million Dollars tho
Bone Of Contsntion-What Bismarck Gould
Had to Say About the Pools-"A
Plague on Both Your Houses"
suriet OF anything which, taken In moderation.
might tickle the palate becomes nauseous and dS-
agreeable Doctors, though differing IN many points.
agree upon this subject. The rule Is as appcab.e 10
law as Il u to cranberry sauce, puudngs or confcc-
tionery. Now the effects OF the legal dose admins
tered In the Erie SUITS have scarcely been removed
when up starts the iron patient once mora. ctamor-
Ing for mncc pies and champagne. Contemplating
this request strange vision nits before the
fancy. SEQ OF tncOngruities Is turbu-
lent because OF winds that blow from a!l
directions and peering through tho mist tnat over
hangs the there seem to rise In ludlcrous con-
fusion blondes watzing through the air. inunctions
restraining them from exceeding their proper limits:
trains running at mite minute. crashes coronsrs'
inquests theatrical performances bushes OF gold,
lawyers at loggerheads bonds and mortgages,
round and ovial faces. sinister looks, judicial In
veSgations and series OF spectacies that bewilder
the imagination. Tho Erie Railroad litigation
is an Old story. with whion even the harpies
Of Wax street are not unfamiliar Millions
talked of legal circles as II each ono hundred
thousand represented raggedy five cent stamp.
Shares discussed as so many pocket pieces. while
the legal documents employed would make for
tune for any paper dealer IN the c0upry. Plainly,
the Erie Railroad litigation generally has assumed
very consumptlve phase having long since been
overdosed. little rest Will be probably enjoyed,
while the public would not be dissatisfied 10 learn II
even the steam engines enjoyed healthy sumDer.
Aafo otlo a0t-
ready appeared; but like the buresques OF the pre-
sent day rehash may prove acceptable. To begin,
then, 1t may be stated thai. this complaint sets
FORTH In February and March, 1863. several actions
were commenced against the company, that In July
following compromise was effected between John y.
Eldridge the then president Of tue road and Daniel
Drew on the one part, and Rionard Schell and
Frank Work on the other part, by which 1t was
agreed that Schell should $42 $50 from the
company; that the defendant should be renewed OF
$4,000 shares or the capital STOCK OF the company
and should receive ST. 0000 and that the directors
of the company should purchase for Its account
bonds OF the Boston Hartford and Erie Railroad
Company lor s6oooo at eighty per cent and that
TINS company should pay the interest thereon and
endorse the same. That IN pursuance OF the agree
ment $25Oo,0o0 In cash were paid to The defendant
and Erie Railroad Company to the amount
oil $3.50 900. in consideration OF $4,000
Shares Oh Tue COmpduy'S OWN Capital SCOCK, WHICH
were transferred by the plaintiff TO the company.
and that the officers thereof IN obedience to tne
order OF the directors paid to tue defendant the ad-
ditional sum oil 600 900 without Sufficient consd-
Grafton. After alleging series OF selfish motives to
Eldridge Drew, Scneil and Worth, the complaint
AYERS tat defendant at the time OF the
tiOns above mentioned claimed to have control over
Scneil and Work, and that ne induced Edrldxe and
Drew to use their influence with she other directors
OF the company complete the purchase the stock
by promising that the iltigati0n should Oe dscon-
tinued. IL was further complained that the CON-
hor arths nstnr to nhur rfarf htVV
shares Of It's own stock, and shat It had occasion
Tor them, wne the price paid 10 the defendant was
least $780, 900 more than he could have obtained
in the market Under all the circumstances the
company prays that the defendant be restrained
from selling the bonds OF the Boston, Hartford and
Erie Railroad Company, and that they be delivered
70 the company and that he pay to tne company the
sum OF 81, 500, 600.
On the otner hand the defendant denies all knowl-
edge OF the terms OF the compromise NOT having
been party to H. but admits having received from
Jay G0nld $1,000 900 and also bouds OF the Boston,
Hartford ana Erie Railroad Company to the amount
OF ST. 900, ana that on the 18Th July defendants
brothers received for his account from Gould the
further OF S. 500. 900; but he denies That the
bonds or money were received In pursuance OF any
agreement or by virtue Of any compromise what
ever, rs in the complaint alleged, and rcfutes the
assertion he transferred any shares OF stock
this company the bonds and money having been
delivered and paid to him for valuable considera-
ton. All the subsequent allegations contained in
the voiumnous complaint are substantially denied.
Here lay the issue. The battle ground was the
sOmbre-00klng apartment, at present known to the
legal profession as the supreme Cour5 Special Term.
TIE case was on the calendar, and as great
many lawyers have nothing else TO DO than peruse
the document at their ease, they were not slow to
perceive that treat was In store About ten
O'CLOCK the gloomy iron stairway leading to the
Ing for nunctlOns and others 0allylng TO lounge.
variety Of shoulder hittcrs, with shaggy eyebrows,
VINO seem TO have an affection for the pillars on the
noor, now and then looked up In q sulky mood but
nobody was on trial for murder they continued to
crunch their weed In silence The attendants in the
court aroused to the importance OF the coming trial
by seeing an unusual pile OF documents on the table
rubbed their eyes, then hauled up the window
stood like sentinels watching with Indifference
tho increasing throng. Suddenly all eyes were d.
e' able advocate stepped the warliKe Prnce plump.
glossy, self-satls1ed, with the irresistible diamond
In us usual spot and theatrical coat, winch ever
distinguishes The proprietor or well-tO-do concern
from which 'deadheads" are excluded. He had the
same look that characterized his expression when
on succe ssiul nights, apparently unconscious
snat anybody was looking At him. though
he well knew that he was a temptation for
every eye In court. BEHIND him followed Gould,
whom nobody seemed TO know. His person was
unadorned; his raiment simple. BY and by the lime
oil legal talent was drawn up IN battle order. F0r.L
fcatIons IN the shape Of documents were built up
with surprising rapidly while Ink bottles, like 80
many sklrmishers, were placed In good positions
The adversaries smiled good morning. IL was o
grim look, that whiened into scOwl and
lawyers immediately made dive at their papers,
Presently there arri ed OF the chief contestants
whose approach to his seat caused as much surprise
as If tile bronze staIne nc the Hudson depot mad
taken noday 10 ltSeU 10 listen 10 tue legal enter
tanmenk The auditors respectfully cleared out OF
h,s way as II he mad been steam engine gong at
full speed AT hafpast ten O'Clock Judge Barnard
took his seat on the bench, and, the trumpet
ing lbeen sounded announcing the approach
ing COMBAT the tournament was commenced
with due iormality. Tue auditors settled them
selves into convenient positions, ana all eyes
were centred on the legal warriors, VINO, now as
suming serious looKs compressed their lips and
only awaited the signal to begin. Aside from the
principals there were marshalled for the aggreved
Messrs FIELD ana for the alleged aggressor Messrs:
Rapallo Beach, Davis and Metcalf A wearying and
fruitless discussion tooK place as to tho production
OF the books OF the EMe Company, Judge Barnard
finally stating that n there was any special docI
ment required he would direct that il be brought
into court. The counsel for the defendant were
wary and seemed now and then to make An investi-
eating thrust which was quickly parried by their
willy and majestic looking opponent.
Az length Jay Gould was called 20 the stand. He
gave his evidence almost soto Uoce owing 10 an in
disposition. In reply to MIR. Field lie said he was
now President OF the Erie Railway Company beng
only director IN 1868; at that time, at an interview
had by himself and Fisk, IN June, 1908, with Mr..
Vanderbilt, Mr.. Vandcrbt saio II he was settled