New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-03-19

the Erie Railway Company II is an inquiry have q
right 20 make when nqurIue into the motives and spirit
right make. why il it II there has been this faith
fulness and this devotion the midst Of this disaster
have declined TO furnish with the records that will
prove this course Of actiont
Your Honor has already definitely announced on pre-
vOus motion for the dismissal of this complaint that this
action can be sustained only proof Of fraud or con
spracy and done this corporation and plaintiff
through the defendants and the officers Of the plaintiff
They say that the defendant maintained this litigation
for the purpose of rembursng himself for losses winch
he alleged unusty sustained in the stock markets
that these losses were inflicted by what call sudden
and spurious issue Of stock thrown upon the
market for the very purpose Of making the extor-
ton and wrong winch was perpetrated aga ,tsd
order snstain Erie stock against the market IL was
pledged TO the UNFOLDING Of the stock ana the confident
omnpOten managers OF that stock for the purpose
OF preventing the accomplishment OF that object IN the
market. created 100000 OF Issue and threw II
upon the market for the purpose OF c0unteacng their
efforts the part Of the defendant and deprecatng the
condition Of their stock in the market Was IT fraud
ulent for Commodore Vanderbilt to attempt TO sustain
the value Of the stock in the market. Is that
against which the managers OF this company should
become Indignant: having become possessed Of this
upon Transaction OF that character they say that
mentates TO force this Company and the managers OF
this Company who are the agents OF this fraudulent
the stock market to force them 10 redeem
the stock that he had uncOnscousy bought that fraud
Sri Suppose Commodore Vanderbilt had made, without
any action upon part OF these gentlemen unforu
nate venture Eric stock suppose he had these suits
pending, and them under his controls suppose that he
was the oInnipotent ruler OF the interest OF
all the parties to this litigation, pretense so
absurd that 1t eXcites the wonderfulness OF those
parties who move it to the Disgrace which they
II Commodore Vanderbilt had SAID to these gentlemen
anxious TO be rid OF this litigation. relieved OF concern
for the railroad and from the anxiety o! this litigation
litigation which had driven s managers and treasury
TO another State litigation which had caused It's drec
tors TO flee from the Jurisdiction OF your Honor ga
ton which had locked up the funds and treasury OF tins
Coporationwha was the objection on the part OF Com
mod0re Vanderbilt or any other gentleman, who deemed
against ai the the Ere G' Company and its Managers
TO uphold that litigation, to use ms nnnence
and bis power uphold 1t until he brought this Company
TO what justice and right Anything that would bring
these reckless, unconscenons prohigates in stock
community. And this last witness has tho bodnes ana
temerity TO charge that settlement with view 70
Mf P saS S' and MY E9ar so those eentemen
knew it; If So, they were paiueipators ia crnel
If so they received snare Of the plumber mat was ie
Now by what assumption OF that evidence and the pro
ceedngs this defendant will your Honor adudge him
10 bo the fraudulent conspraor and robber he IS called
Now suppose these allegations all ruesuppose tins was
atraud, conspiracy plumber OF the treasury OF the
Company what right has the Company 70 come into TINS
Court and ask return of the proceeds OF wrong which
prominent actori The law Pronognees al contracts dS
Will not relieve you il you have been party
to fraudulent tIansaeton in Which h you nave
that loss IL is just and merted punishment lor inc
ofense. Now, the plaintiffs claim that there are t"S
action II there n separate and distinct clam Tor
million Of dollars should have been stated separately.
Is made and the evidence shows as well the reading
Of the complaint that IL transaction IL II DC
true that my friend has combined III this complaint no.
only cause action equitable in its character LOOKING
to a rescnd Of the purchase Of the $4,000 shares OF sh
and has also included IN that complaint a com
mon law action for the recovery OF a inlluOn, VI
dollars, where is the tribunal before when ulat
right of action should be tried II your Honor insists
that there are two Of complaint III TINS acton we
demand a trial by jury And let me say, IN conclHon
that / know am presenting this before an honest mp
right and intellectual tribunal ana that my claiuiS vi"
be Justly considered and properly acted upon. -,
he q N.
hearing Of the postponed until Monday thc +'lh
in Difference 10 the wishes of counsel.