The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-06
TILE .ERE WAR RENEWED.
The Charge Of Conspiracy Against
the Company.
How tho Conspiracy Was Initiated-Who Were
tho Priacipals-Expo Of the Manner in
Which the Company Transaots It's Bust
ness-Dsily Expenses to Coun-
sel-Judge Barnsrd's Decisions.

Taller and John Doe tRunklel was resumed yester
day, before Judge Barnard In the supreme Court
Special Term, after an interval OF some months
The complaint alleges a coilusye conspiracy to get
possession OF the company.
COUNSEL ENGAGED.
Messra Field and Sherman appeared for the com.
pany, aud formidable array OF counsel, including
Henry A. Taller, John L. Cadwalader Charles
Tracy, ex-Judge Porter Henry Smith, OF Albany
Rufus N. Peckham and Lyman Tremain, appeared
for the defendants
OPENING PROCEEDINGS.
The court room was throughout the whole day
nlled with interesting throng Of lawyers VIII,
watched the progress OF the with rapt at en-
ton. The case was opened by the following
REMARKS BY JUDGE BARNARD-IuE FIVE MILLION
ALLOWANCE.
Before taking up tns--the Erie Railroad Company
against Ramsey and others deem it proper to
state that mention was made the other day that I
had given allowance OF five milliens OF dollars in
This That a falsehcod when II was uttered
IL was uttered as O falsehood and 1t uttered py
o person who must nave known III the time that 1t
was a falsehood.
The examination Of witnesses was then proceeded
with.
JOSEPH Guppy,s TEsTMosY-rpg COURSE or Bus.
Joseph Guppy then testlned:-i am employed in
the Erie Railroad Company's Office Assistant GEN
eral superintendent.
MIR. Feld-State the general course OF business IN
that ofice.
Mr.. Tracy-We object
Mr.. Field want TO show that II this injunction
had been carried out the company would have
failed before three O'Clock. We want to show that
no money could be paid without certificate Of the
Comptroller, and that the injunction was not re-
moved till December. wish TO show by Mr.. Guppy
chi cha
was q scheme TO break up and overthrow the Ere
Railroad Company.
Mr.. Tracy SID that this was not The time for the
testimony offered.
HIS Honor overrued the objection and an excep-
tlon was taken.
The witness then answered:-The vouchers for
Indebtedness are made by the heads Of the depart
ment mourning the expenses from there they 20 to
the General Superintendent to be certified and are
then sent 70 the comptroller from there they 90 to
HE Treasurer for payment
O. without the authority OF the Comptroller no
bills can be paid by the cashierf A. No. sir; vouchers
are put under the supervision OF the Comptroller
almost hourly; the amount Of the payments by the
Irea surer was from
$4,000 TO $50, 900 DAY.
O. When are the pay rolls made upf A. The pay
rolls come IN about the 2d the rule is to have them
AL in by the 5th, end payments are begun on the
10th; there are about $4,000 men employed by the
company, OF whom 1000 or 5000 are employees In
Inc Workshop on the eastern qy!s9R Of the line
acne we ran forty.nve freight trains aaS ssSh
ar: Eaton was eeansef iGf lie company IN 1865;
haye heard that be vas dismissed. 't-rr"'tzsa -,
MIR. Cadwalader objected. =
Mr., Fied-Oh there Is no imputation.
- The testimony was ruled out.
Counsel, connnuing-I was present IN court when
Mr. Eaton made an argument IN support Of this very
Cross Examined by Mr.. smith, have held the
position Of Assistant Superintendent since October
1888; my occupation before was clerk in the Erie
business during the past lew years has boon In New
YORK; the system have described OF paying the
anaer q the se Of
Fisk was not the first to hold the position OF
Comptroller; Mr. Dudley Gregory was Comptroller
pay me for my services Without an order from the
Comptroller; the order to this effect issued by
mittee that the Comptroller should have the SUPER
vision OF all the expenditures OF the company; the
Could, Lane ana Abraham Gould; / don't know
whether there were any other members OF II.
Q. DO you know 4 there has been any modern
meeting OF this committee A. suspect there has;
the Board Of Directors has held meeting within a
month. ss- es4
Board held within the past five years. A. Yes; but
cannot partcularize any time; the assistant trea-
Suger Is M. Jqstan D. White; last year Jay Gould
was president and treasurer both; cannot tell
whether the payments OF the treasury department.
goes toward The improvement OF the road; don't
opera House; Horatio N. otis is the secretary; Mr..
Mortimer Smith Ia the assistant secretary; my par
attend TO the duties OF the general superintendent
In his ABSENCE get g. 900 year; that has been my
salary years; before that 1t was So, 500 year.
To Mr.. Snith-Abraham Gould Is one Of the airec-
tors: don't know who he Is; have seen him sit
ting in the ofllce believe he is reputed " De the
egssss q ~ s9sS W. " sSFs5FS5s 7SsTiSosS.
q Bird ". Spencer then took the stand. lie testi-
Ged:-I am acting cashier Of the company IN she
tain extent, With the financial transactions Of the
company; u has peen part Of my duty 10 draw up
checks: drring tho months of November and Deem
Der, 1885, the rule 10 Dc gone through before che
treasurer paid bills was TO receive certificate Of
comptroller or PRESIDENT an order was issued to
that effect, both verbal and written; was acquan-
ed with MIR. D. B. Eaton in 1893; saw him AZ the
Office often rom LIST January I'LL august August 1888.
counsers expenses during 1852
Judge barnard-ThaG Is private after.
Mr.. Field here offered to read copy OF the COM
plant against the Erie Company by Ramsey, which
was streneously objected to by the ctner side.
Mr.. Fied-Assuming tins 10 be the original COM
plaiDt-
chorus Of voices In opposItion--we object to any
assumption.
Mr.. Fle!d-Then shall have to send below for the
original document.
This original document was eventually sent for
snd read. 1t mas already been published ia the
HERALD
HOW COUNSEL WERE PAID IN THE SUIT.
Mr. Field said one OF the allegations made against
the company was, that an endless number OF coun-
sci, who had received fabulous sums Of money! had
been employed. DO proposed to prove that John
Il. Porter received va In one year and Mr..
Eaton $4,000. "Here is list Of counselsi ex.
pensesn said Mr. Field.
Mr. Sm,th-AllOw me to lock Of tt9
@Mr fteld-No SIR you Will see enough OF IT by and
by For the year 1850 the sum pad to Field d
sherman was $50, 2s1.
Judge Barnard ruled out the list Of counSels' ex.
penses imrnaterial.
Continuation OF Mr.. spencer's testimony:-During
the months Of November and December, 1852 was
An position TO know what payments were made II
the once; part or my business TO draw checks
the bank for regularly approved vouchers; II &C
ceptances were accepted we would pay them with
out an order from the comptroller because an &C
ceptance would not be given without the comptrel
lers order; know Mr. Fisk credits the bills against
the company; there is general cash book includ
ing payments OF all characters; that book has been
kept since the organization Of the company; the ex-
scutive committee made the regulation; l have
never seen them IN session; saw the board Of d
rectors in session last Wednesday; they have
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