, 1870-10-28
ERIE ON a RAMPAGE.
Erie s1RslroAd SLltR and What Bee
eAuse OF Ehnms

III which the Enc lttlIfuAd IL involved went
through another process Of ATTEMPTED disen-
tapglemens yesterday morning. 1t cXms up
.efoYe Judge barnard, In the Supreme Court.
Judging from the result. however, the dis
eIta: girS process WIS more wntk Of en-
tarIltMent tt,an othe1wisea fact that will
b. bees decided by reading the proceedings
before the court. ss gwen b6low- Meantime,
in Attet dance, :u3 oecurying reats By tbs
eide Of Mr. Davi.i Dudley Field. their couusal,
aLd front ut ttn railway management, ag.i..st
whom arc 70 er-istent'y direcf6d these ruth
less II r1sts OF pr secutint: ltignutu Near
ty, and tiankea by Mesars. Peckhsm and
Tracy, lis counsel, eat their irrepressible
prosecutor, Mr- Ramsay.
The butt OF Kamtsy " the Erie Railroad
Ccmpsny WAS called By the Judge
" Net ready, promptly spoke up Mr. Peck
ham.
Ready, al promptly anawered Mr. Field
MI. PeckhAm proceeded to show Why he was
not ready, reading u Al Introductory \ ierg.hy
affidavit Of tho plaintiff. This affidavit was
little more than stating the cause Of action
aud the previous eteps Of the prosecution and
defence, which fscts havc been too frequently
set forth III preliminary reports OF the SUIT to
require recspitulaiion. Finishing the reading.
Mr. PeckhaN entered upon = mora full and
explicit declaration Of the REASONS why they
were not prepared to enter upon the trial. en-
bodying the sane in motion for postpone-
nent OF the cause until the next term He in-
them to 60 cn, aud that under the circuu,-
stances it would be improper, unjust, aud j.
legal to compel them to enter upon the trial
at present. He referred to the injunction be-
ing over them restraining them from all &C
tion, aud having once been fined 5000 for
Junction they had not thought it best to in-
aulge in repetition Of this expensive luxury.
The offer Of the defendants 10 waive this in-
junction he characterized As the magnaulmi:y
of the assassin, and thus the better to pu.
theiz intended victim off his guard. Again,
only made 10 them OH the Goth inst. The de-
ftndants thought they had them on the bio,
and otDy rropo. ed to slightly loosen the grip
on their throat He urged that thoy were et:-
titled to fourteen days notice of trial. aad IT,
the absence Of this legal notice protested
tiiL. They wanted jury trial OF these men.
They nere bound hand aud foot. and it WEE.
he inrleted. agaiunt every lAinciple Ut equity,
compelling them to immediate trial.
Ar. Field. III replying % the remarks Of the
onpts.ing counsel. said tie had an atti lavit
shorins that W. ha1n=sy did rot bring this
sr,st in good faith, sna that lie bought two
shares and two bonds Of the Erie Rsil ~ for
the sole purpose Of prosecuting the. actioa.
Mr.. Peckharn-Tl,e g.'nr1emaii knows there
il Lo e,.csl statement in tho affidavit.
llf. Fi-1a--To such yentlau1anIr in-inua-
titnh lie did not care to reply. Ha would
place the si.inavit GU file, and tic Cnu1t could
e3su.ine fer i,etlf Its cout=uts.
The Judge ttattd that 1t uue stage Of the
previous proceedings al aprlicstion had been
niadt hy the tfaintlH to CT 1upe the books Of
the Erie Ksil1osd Company. The interest Of
the rlaintiH he had understood from the Pa
ere to be exeect.snels small, and, as far as he
81.
litigation or were parties to it. The quit Was
af the pI intiE' own teeinning. He WAS not
dragged tlto conts. He came i'll voluntarily.
The defendantn were ready and he Was not.
lie ulsnt deny tie motion.
3lr- reckhsnu again rose, aud, with all lne
rcsreet to the Court, said he did not wish tl.e
case tried before TINT tribunal. Tho mind ct
the Court. he felt convinced. WAS 10 preju-
dittd against the rlaintiff that he deemed il
en.,t.l, inlpn5-ihta for the latter to have a
.fsir trial t*iore him, and be, theEefofe, moet
respec' fully, Int firmly. objected to the case
gcirE to trial, aud asked that it be laid over.
1l.= brought ont an explanation from the
tlonr as coming before himself In 1868. be
isrucd, upon an affidavit OF Cornelius Wander
lilt, m order against the defendants, as the!
had, fcr purposes OF their own, left the State
He was told that they wanted somo othe1
Judge than himself. In the following year tht
position changed. a1r. Vanderbilt wanted {
change OF Judges. He was not aware of en-
tertatnlne my prejudice against AIr. Ramsay
whom: be knew personals It would be baG
precedent to comply with tile request OF plain
tiH' counsel. aud, beyond this. lie did not pro
pose 10 yacate the bench At the request Of I
lawyer.
s'lIow about our legal rights?" asked Mr
Peckham.
"That's been sott1ed in Char,berr," an
! swc1ed tho Judge. II do not look upon tl
| injunction in the ea1ne light you d."
II protest = interrupted Y1r. Field. "tha
| the Court ehall not be put through this inter
! rogatory process l'C the counsel"
- The Courts IrunJantly able to take cart
| Of itself, retorted Alr. Pcckham.
We passed on that matter the other dag,
! observed tf'e Court.
II know that" replied 31r- Peckham, "bu
I insist that We have been treading on ,p1tfali!
| at every stage OF cur progress, ard don
know what ambuscades arc prepared for us
A> have already said. v. have boon fire,
S6.te1. mud we don't care to indulge in
repetition Of the pleasing amusement"
+" This enit, I affirm. WAS brought in goo
fail, on my part" raid Mr.. Ramsay.
oily gained tue contrary impression
from the papers" replied the Judge to Nj
1iamsArs observation.
IL object to the plaintiff sa,ing anythin
in the natter protested Mr. Field.
~ beg the gentleman to let the Court tak
care Of ITSELF" interpreted Mr. pecktan
We claim orr rights. and th1t We have
tight 10 co.
The plaintiff, finding that he was constrai1
ed by the Court i'll his liberty ct speech, no
aiore and nlaGe quite 4 sfcech- He WAS
lawyer, and had D.cn for thirty yeata- &
commence this -uit AZ matter of duty: a.
he had the g. .mpathr Of the other stockholt
ere, wLo, sluAlly With hiuscl:. were anxIos
10 have the hnairs asrl management OF Il
Erie Railroad Company MOTT thoroughly il
vcstigatea. AL be asked was q fair otpur;uu
ty 70 prepare for t1iil.
Their j. DO possibility Of knowing to VII
length Mr.. Ramsay might have protracted l.
speech.
"May say wcrd, your Honor - inte
ruptel MIR. Fiel5-
J '.Yes." replied the Judge.
"TLis gentleman" pun ued Mr., Field, poin
ing to Mr. Ramsay, ''puI1oined from tue a
; hany 4 us9u+ha, na Railroad cue hundr'
and fifty thousand dollars OF bonds ard tledg'
them for his own private use"
ii THAT il substantially untruc, replied Il
TRACY: "but the fact ID"
!" Alr. Ramsay" pursued S1r. Field-1ot 81
irg Mr. Traey m opportunity to finish his te
| tence-.' took, through tl'o sid Of the Seer
! | tsty Of tho ruad-who was his tool-Sl50, o
: Of the Gords OF tie company, md p1edg,
| them With S[r- Groesbeck for Ills note
"IhAt matter wsa settled and adjudicat'
upou id the Supreme Court in Rochester
said 11r. Tracy.
1.-THE majority Of the Bo.rd Of >,Dirccto
werc with me, called out jim Fssk, Jr., :.
, | protect the road against the robbery y
:. "Judge Davies in the suit in Rochester" ," "a
Mr.. Field, ''never alluded to this transac.ic
1t was cool, bold robbery"
"All ak is my rights in this case" spo
up Mr.. Ramsay.
"Conine yourself to the 5150, GOO robber;
| aeain called out AIr. Eisk.
AT is not proposed" replied aIr. Rams a
: ato 1ry over here the Albany & susquehan
J Railroad affair"
i THAT'S nothing to do with this caae,'' &,
the Judge.
Some time elapsed, during which tho cor
! | disposed of one OF tWo motions in other eui
E and entered upon The preliminary part OF t
: Erie Railroad suit acainst Eaton, when t
: case Of Ramsay e.. The Erie Railroad Co
. pany was again called.
/ Mr.. Peckham said, In responae to the q
that Tor the REASONS previously stated he
), fused to aukHer.
:; Mr. Field ut once moved dismissal Of |
!. complaint and entry Of order Of judgm.
against tho plaintiff, with allowance Of cos
: The costa ii the Albany 4 susquehanna .,
Z be said. we're s2,ooo, and this was not
j. The Judge said be would fl the costs a,
y | per cent allowance.
Nj. Field hoped tha. in doing this he wo,
: bear in mind that the Erie Railroad Comp,
: was worth e1UQ, ,0G0, 900.
: The ERlE RAILROAD vs- EATON SUIT.
d On this case being called. Mr. Fie
e for the plaintiffs, announced his rea
+ ness to go On, while Mr. CadHa1Iad
:; for the defendants, aaid he vas'not rea
and urged an adjournment Til the next te:
n Mr.. Entop, whose presence WAS Of tie utm
D: importance. bad not get returned from
= rope, and, besides, the case, he insisted. !
a not Que calling for speedy trial. General
- | xfre ann$her %atr4ss Nm. in Ftt,irz and III
y 1esdirg counsel, Judge Porter, waa then
- gagged in the Court OF Appeals, at Albany
I r10a ~ tf,ax.r rsN