The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-10-26


win be best decided BY reading the proceedings
before the court as given below. Meantime
In attendance, and occupying seats by the side Of
Mr.. David Dudley Field. their counsel, were Jim
Fisk Jr., and Jay Could the head and front OF the
railway management, against whom are so per-
sstenty directed these ruthless .hrus,s OF prosccu
ing htgants. Near by. aud Ranked by Messrs.
Pcckham ana Tracy his counsel, sat their irrepres
sble prosecutor Mr. Ramsay.
HOW THE PROCEEDINGS OPENED
Toe suit OF Ramsay vs. tue Erie Railroad Company
was called by the Judge.
"Not ready" promptly spoke up Mr., Peckham.
Ready as promptly answered Mr. Field.
Mr. Peckham proceeded TO show why he was not
ready, reading as an Introductory lengthy affidavit
OF the plaintiff. TINS aNdavit was little more than
stating The cause OF action and the previous steps OF
the prosecution and defence, which facts have been
too frequently set ror;h in preliminary reports Of
the suit to require reorganization. Finishing
The reading Mr.. Pecknam entered upon
more full and explicit declaration OF the reasons
why they were not prepared 10 enter upon the trial,
emD0dying the same In a motion for postponement
OF the cause until the next terIn He insisted that
II was absolutely impossible for them to 10 on, and
That under the circumstances II would be I'M
proper, unjust and Illegal TO compel them 10
enter npon the trial at present. lie referred
to the injunction being over them restraining
them from all action ana having once been fined
$4,000 for contempt OF court in disregardlng an in
junction they had not thought it best to indulge In
a repetition OF this expensive luxury. The offer OF
the defendants to waive this INJUNCTION he charac.
terlzed the magnanimity OF the assassin and thus
the better to put their intended victim or his guard
Again, this proposed waving OF the Injunction
was only made to them on the goth inst.
The defendants thought they had them on the hip,
and only proposed to slightly loosen the grip on
their throat. He urged that they were entitled to
fourteen days notice OF trial. and in the absence OF
this legal notice protested most strenuousy against
proceeding with the trial. They wanted Jury trial
OF these men, They were bound hand and foot, and
II was he Insisted, against every principle OF equiv
compelling them to immediate trial.
TILT BETWEEN COUNSEL.
Mr. Field, In replying 10 the remarks OF the OPP
posing counsel, said he had an anidavit showing
faith and that he bought two shares and TWO bonds
OF the Erie Railway for the sole purpose OF prose-
cutting The action.
MI. Peckham-The gentleman knows there Is no
such statement in the AFFIDAVIT.
Mr.. Fleld-To sucn .gentiemanly insinna'ions he
on hle, and the Court could examine for itselfits
contents.
THE COURT ON THE MATTER.
The Judge stated that at one stage of the previous
proceedings an application had been made by the
plantif to examine the books Of the Erie Railroad
Company. The intent OF the plaintiff he had under.
stood from the papers to he exceedingly small,
and a. FAR nn as he ~, knew none OF the
par ties to it. The suit was of the plaintiffs own
beginning He was not dragged into court. He
and he WAS not. He must deny the motion.
CHANGE OF TACTICS.
MIR. Peckham again rose, and switnrall due respect
TO the Court said he did not wish the tried be-
fore that tribunal. TRe mind OF the court he felt
convinced was so preudiced against the plaintiff that
he deemed it entirely impossible for the latter TO
have fair triai before him. and he therefore, most
respectfully but firmly, objected to the case going
TO trial. and asked that II be laid over.
THE COURT EXPLAINS ITSELF
This brought out an explanation nom the Judge,
ana review o. the Erie Halfway iilisations as com
an affidavit OF Cornelius Vanderbilt. an
order against the defendants they had,
told that they wanted some other judge than him
self. In the following year the position changed.
not aware OF entertaining any prejudice against Mr..
Ramsey whom he knew personally. 1t would be q
bad precedent to comply with the request Of plain
ti's counsel land beyond this did not propose TO
yacate the bench at the request OF lawyer.
THE THING GROWS SPICY.
Glow about our legal rlghtsSn asked Mr.. Peck
'.That's been settled in Chambers" answered the
Judge; ! 90 not look upon the Injunction in the
~ protest. interrupted Mr. Field s.,hai the Court
shall not be put through this inlerrogatory process
"The Court is abundanty able to take care or
ITSELF sharply retorted MIR. Peckham.
ave passed on that matter the other day." OBJ
+, 81 know that" replied Mr.. Peckham, "but insist
that we nave been treading on pitfalls at every
stage OF our progress. and don't know what ambns.
cades are prepared for us. As lave already said,
we have been fined S6,0)0 aud we don't care to
Indulge in repetition OF the pleasing amusement.
fllis suit, affirm, was brought III good faith on
my part,n said Mr.. Ramsey.
II only gained the contrary impression from the
papers, replied the Judge to ar. Ramseys obserya-
tlon.
81 object to the plaintiff saying anything in the
matter" protested Mr.. Field.
Il beg the gentleman to let the Court take care OF
itself,n interposeu Mir. Peckhani; claim our
rights, and That we have rignt to do.'
SPEECH FROM MR.. RAMSEY.
The plaintiG, finding he was not constrained bd
tie Court III his liberty OF speech, now arose any
made quite speech. He was a lawyer and had
been for thirty years. He commenced this suit as
matter OF duty and he had the sympathy of the other
stockholders who, equally with himself. were
anxious TO nave the affairs and management Of the
Erie Railroad Company most thoroughly invest-
gated. All he asked was fair opportunity TO pre-
pare Tor trial.
AN MISUNDERSTANDING GROWING MORE SPICY.
There is no possibility OF knowing to what length
Dir. Ramsey might have proractcd his speech.
May say word, your aonorgi interrupted Mr..
Field
YES replied the Judge.
This gentleman pursued Mr.. Field, pointing TO
MIR. Ramsey 'purlolned from the Albany and Sus
quehanna Railroad one hundred and iifty thousand
dollars of bonds and pledged them Tor his own pr-
vate use.n
"That Is substantially untrue. reloined Mr.
Tracy; "but the TACT is
mir. Ramsey" pursued Mr. Field-nor giving Mr..
Tracy an opportunity TO finish his sentence-"took
through the aid or the secretary or the road-wno
was his tool-Sl5o,oo0 Of the bonds OF the company,
and pledged them with Mr. Groesbeck for his note OF
Sl50000.H
THAT matter was settled and adjudicated upon in
the Supreme Court in Rochester = sale Mr.. Tracy.
1.-THE majority of the Board OF Directors were with
Inc" called out Jim FISK, IT., ITO protect the road
against the robbery
Judge Davies III the suit in Rochester, - said Mr..
Field ''uever alluded 10 this transaction. IL was
cool, bold robbery"
"Ail ask is my rights IN this case spoke up Mr..
Ramsey.
'Confne yourself TO The $4,000 robbery" again
called out MIR. Fisk.
1T Is not proposed replied Mr. Ramsey, sto try
over here the Albany ana Susquenanna Railroad al
1airr
That's nothing 10 do with this case" said the
Judge.
TUE CONCLUSION.
Some time elapsed ,durng which the Court dis
posed OF one or TWO motions IN other suits, and
entered upon the preliminary part OF the Erie Rail-
ROAD SUIT against Eaton, when the case OF Ramsey
W. me Erie Railroad Company was again called.
4. n rur