The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-03-18
THE EBIE-vANDERBmT LITIGATION.

The trial of the Erie Railway suit against Com
modore Vanderbilt was continued yesterday
before Judge Barnard, and the cross-emamiua-
ton of Jay Gould was concluded. During
It's progress, Mr.. Beach asked that some di-
1ectlon be now made as to the production of
the books of the plaintif. His Honor knew
the history of the order made for their
production; they had served notice on the other
side to produce certain books; he saw that they
had not been produced, and one book which
they thought essential had been peremptoriy
refused. They had prepared q petition to the
Court, and as the matter had been suspended,
he desired to present it.
Mr.. Field objected to the interruption of the
trlal Tor the hearing OF q motlon. 1t was an eJ
pdrte application, and should be made in Cham
bers, not on the trial.
The court (Judge Barnard) stated that, as he
understood, his own power was merely to order
the company to produce books containing GER
tain accounts or records, or sworn copies of
them.
After some discussion the court permitted the
petition to be read which, after setting out the
formal proceedings in the matter states that he
is advised as to the purpose of the defense,
oil records relating to the issue of the stock. its
creation, and to the money paid for it and to
Mr.. Vanderbilt, and to the disposition of it.
The Court held that, so far as the legality of
the stock was concerned, it had nothing to do
with any issue In the case. The question was
very plain whether the officers of the company
in making these payments exceeded their
power. If they did, then the legal question
arises whether the defendant should pay back,
1t made no matter from what fund the money
was derived, provided it came from the Erie
Company. In regard to the issue of subsequent
stock, they had nothing to do with it in the
suit. AS to the minutes of the Board of
Directors in regard to the settlement they had
a right to that, and also in regard to the
minutes of the committee authorizing the suit
they had right to them, and the Court would
make an order directing them to be furnished
to the defendant. The rest of the application
would have to be denied.
PRINCE ERIE ON THE STAND.
Mr. James Fisk was then called to the stand
and was examined by Mr. Field. He spoke
with great rapidity, and answered the questions
put to him with much readiness and with an air
of comicality that kept the crowd of spectators
assembled in state of continuous laughter. He
testifed-I am director of the Erie Railway
Company, and was in 1868.
Q. Had you any interviews with Vanderbilt
in the summer of 1868 in respect to q negotia-
tion between him and the company? A. had
interviews with him; | don't remember the time
precisely; it was in the spring or early part of
the summer, after we came back from Jersey
City; was absent in Jersey City for q lapse of
time Oaughter)- after my return, visited
the gentleman in company with Mr.. Gould.
y. State what took place at the interview:
where 1t was, who you met, and what was said,
A. went to his house, ruug the door bell, was
shown into the reception-room below stairs, and
was finally invited up to the parlor upstairs;
was then told Mr.. Vanderbilt wanted me to come
into the room back, adjoining his sleeping
apartments we had convers alton there together;
/ should think half an hour; it was regarding
the matter of settling up the suits which had
been In litigation during the winter, and
the main part of the information which
he seemed to wish to get from me
that is he said to me that he wished to
ascertain from me If the matter could be settled;
that it seemed to him as if about all the direc-
tors in the Erie Railway Company wanted to
do nNUith hir,a md hnt taH To Rrnw btnb
was the right man; that he thought l was the
one he wanted to see; l told him that if he
wanted good trade he ought to trade with me
Qauehter); he said he thought had about as
much power as any of them; that the old man,
Drew was no better than batter pudding, that
Eldridge was demoralized entirely, and that
there was no head or tail to our concern; l told
him that that was my opinion alsa; he entered
into long conversation.
Mr.. Beach objected and said the witness must
repeat what was said
FIsK's MEMORY.
Mr.. Fisk-I dou't know that could repeat
his precise words, and don't know that l care
to, either; can give it in substance; he told me
that while we were in Jersey City, every time
that Mr.. Drew could get from under our eyes,
| he would slip away to see him. to get him to say
| what kink of trade he would make with the
corporation to get it out of its difficulties that
In the first place he had great deal of talk with
| Drew in regard to relieving him of some part OF
Cne Erle StOck ne DaQ unlntcnJlOnally DOugnt;
| he wished to know of me whether If he made a
trade with Eldridge or Drew, in my opinion it
| could be carried through the Board of Directors
| told him as nearly as / could what was the
| understanding in the board, that they had
| known that he had the stock, and that they
meant that he should keep it; knew that ne
gotiation had been been going on before our
leaving Jersey City, but was not aware that
| the transaction had taken such an aspect; he
said virtually that he had in the first place made
| a trade with Drew, but had made up his mind
| that the board would not sustain Drew; thai
Eldridge had made him proposition which he
thought if / and Gould would take hold OF
would be carried through, and then all the It'll
cations would be withdrawn; he carried all the
| litigations, he said, and if we would take the
stock off his hands, and make up his losses, ht
would lead us to the little place we were mos
desirous of getting to-that is peace and har
| mony; that was the conversation
Q. What did he say about the litigation! A
He said it all depended upon him as to what wa
| dene.
| q. At that meeting you were alone with Van
del blt; did you then come out of that room
A. Yes sir, and passed into the room In whici
Gould was; the conversation then, to certall
extent, was reiterated over.
| O. Do you remember anything that occurred
when you and Vanderbilt came out from tn
ba TX room?
THE ERIE BEDROOM.
| A. gave you the conversation he had viii
| me in the bedroom; there were also other con
versations which l addressed to him; L pro
| ceeded to explain to Mr.. Vanderbilt the posi-
ton which l had taken, 80 far as was con
| cerned and also for Mr.. Gould, in regard TO TN
entire affairs of the Erie Railway Company AM
the manner in which they had been conducte
since was with them and that he was wei
aware that had the best of those in othcei ina
l had presented the matter to the director