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

o. Did Won have an interview with nun ater tna' 90 ve
fore the arrangement was cohsuhni"''"' " ''' N'
O. Tn this interview did he speak about your i3,o%Ss
priced stock and that the balance a Sn. to ou me-
he had given this order and the stoe when he au
| ne alluded 10 some Of his stock oper""o"s wiz" ~
deS DID ny he fo Teer to p the threw on
'"o Yon understood he meant that A. thihk ara;
think il had taken such dose as nc hau hHo'u N"'o
iet 's y way remember selling the tocki A. Remember
soting 10 600 shares Of stock some morning previous
senH Ia y0u know that that the morning he had an
omen order IN the marketf A. he sara ne ola c., ,
was waiting for them TO put that stock up threw it on
tie market ,. u,o,. 90 as, ,o, :, ,rr,ht,c ,,,o
"a ahout your taking slOo0oOOO Of stockl A. Yes Sir
% Was any bargain made between you and him for an
oroS. q. There was a talk about III A Yes Sir.
q He insisted that with this stock we should get an
onion four months, which would be very valuable to
usi A. said, Yes, Sir, if he kept the bargain.
@ Was 1t understood that you were to take an opon
O. when was the next interviews A. within day or
two; about on the eve OF closing the trade. ,
| O. At what time OF day was that interview A. 1t
when mp in the AFTERNOONS II was after We
had WSa1s our ard YGS find s We went
to the door and the servant went Tor nm ana he came
down into receptonroom at the right cannot say
who spoke first: we told him ready 10 fulfill our
part this only day or two before II was carried
| O. Was that the last interview you had with him on
O. In respect to the closing Of this suti A. Yes Sir
! tins was the last interview
| o
| livsredi A. No, Sir did not.
O. You know to whom it was dellvorodi 4. To s. G..
Martin q Co.; 10 Work Davis. Barton & Co.; my i'm
preston is that the common stock Of the Company was
| $50 100000 at that time.
| told with the bonded debt objected to- Court ruled
it out ground that It appeared in evidence yester
day or day before what was the common stock Of the
| Company at the time the new direction took
possession, and the report was to be placed in
is The reason why rule this out is that II IL not
fpp VIII gh som upDD
paiy trying 10 find out
to this witness show that in the interval between the
OF this stock and the commencement Of this su by
various the part of this corporation the
of this stock had been reduced from 20 to
BY the COurt-Al questions tending TO show that are
the tine they were rendered they had been falling in
price His Honor pointed TO one corner of the room and
said that there was gentleman standing there who had
hssed wice If he did il again he would be committed 10
jail;
books of Board Of Directors in which authorized
the commencement Of this sut
Mr.. Field rendered copy OF the resolution authorizing
the commencement OF this suit.
Mr. Beach said that he dd not think the verfcation Of
il strong enough There waS nothing TO show that
the records hot altered the night before yester
day morning after this copy was made He should pre-.
fer III Verhcaon 10 see that the minutes were III the
condition as they were at the time the copies were
made,
Counsel for defendant refused TO receive the copies
Redirect examination by Mr. Field:
You explained how you felt when you left Mr. Pierre
points house and said that You had been with robbers
ever since, what did you mean by \. l meant by
remark, when | out OF the door, and IN the
conversation had win Mr.. Could, gong up lithaNe,
that entire change had the position we had
stood III and the acts We had done toward tins cor
@ What do you mean by the answer that you made to
the question that you had been robbers from that time
to thisi A. meant that that was the first time had
Joined them they had never acted with u.s. that we had
manner we had been excluded from all their arrange
ments from all their trades; we had had repeatedly sdd
that we would submit to taking dollar OF that
money: during that time law had been passed making
IT State Prison ofense otake dollar oft.
BY the CourtMr Fisk, what do You mean by the term
rObbersY A. The people who taking tine money.
BY Mr.. Field-Q. Name them. A. schell, Work, Van
derbilt, Rapalo, and all the people that found III com
O. And what do you mean by saving that you have
been with them sncef A. | mean that when
signed that paper was well aware that had done what
ought not 10 do and from that time had s3ld my sell
all the rights and possessions that had taken, and
O. Have you had any combination with them since 7
A. Only TO collect this money back.
@ Have you been associated with those robbers ever
Q. Is the attempt to collect this money back the only
connection you have had with them since A. Yes, Sir
O. In the last interview at Mr. Vanderblt's house did
Mr. Vanderbilt say that II had been definitely agreed
that lie should take 81 10000 OF the bonds A He said
that Edrdge very persistent for him to take s. 100000
and that Of the bonds was an he ToHd take
anything about Mr. Rapallo or his connection with him
O.. Did he say anything With regard TO Mr.. Work. A.
Yes Sir he said that Mr. Work his broker and that
the stock would be sent down 10 him. and that we should
| take IL up from him.
O. Do you know whether or not Mr. Work had any
connection with him IN regard 20 the dictatorship OF the
companyi A. Yes sir he his representative IN the
Board at the time the arrangement was made at the
| election ON the second Tuesday Of November 1867.
O. He stated that sche could control tho suits; did he
say anything about Mr.. BlOOdgoodf A. Yes, SIR he said
that the BloOdgood SUIT was brought IN bis interest
O. Were those seats in the Board that we're to be given
10 tfr Vanderbilt givenY A. Yes Sir; they given
| 10 Mr. Banker aud 10 Mr.. Stewart.
MI Field then offered evidence the case OF Work agt
The Ere R.lway CO., the complaint of the People /;
the case Of che and the Of Boodgood and copies
of the consent filed in the Boodgood case Works case
the Peoples schol case that were all entered on
| the 18Th of July. IPlalntn restcdI
MI RapaO offered in evidence for the defense the or
der OF the Court dsehargng sGhe dlschargg the re.
ceiyer in the of Schel agt The Erie Coz the order
IN the Peoples suit restraining the Company from issu-
ing stock the order OF the Special Term restraining the
injunction against IT. tho Affirmation by the General Term
OF that injunction, also the Special Term order appointing
receiver the order OF the General Term aiining that
! appointment; the case Of Enc Railway Company and
Whitney sgt The Attorney&encral the case IN when
Judge Barker granted an injunction restraining thc pros
ecuton Of these suits the suit Of the Railway Company
and Whitney IN which another injunction was granted;
Beden ag vanderbilt et al, ana the answer IN that
suit ana the order dissOlyng the injunction We VIII
which named and the and all the orders and
proceedings taken In these various suits also the printed
Court in the proceedings in the contempt case; and all the
proceedings up to the time OF the settlement
He said 1t has devOlyed upon me TO move for dis
mission Of this case and ! renew 1t upon the same
! ground that was then specified, and in endeavonng
10 force that motion shall take the privilege ana give
sketch OF the reasons upon which we think II the legal
duty OF Honor TO grant the order In the
o. tins trial your Honor and has Tepeaie
| and / think that the last witness the stand
has sworn the allegations that this is not only
memorable but has become histOrical and II docs pos
features that well calculated TO at
tract attention, only Of this Court hut Of this
community. IL is aGtion brought by one OF the most
prominent corporations OF this State 10 Tepudate settle
which in the complaint they state made by the
deliberate order of its Board OF Directors 1t IL brought
money from prominent and wellknown clti-
| zen of this city, upon the allegation that he
| had become the fraudulent conspirator with
| the officers OF the Company to defraud II
out Of its money and the odum Of those averments in
the complaint have been intensified by the testimony of
the last witness who has not hesated In the somewhat
peculiar and UNIQUE style which distinguishes that wit
ness denOmnate all the parties TO the transaction OF
Illl