The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-07
ANOTHER HOVE ON TIE ERIE CEEss
BOARD.

Motion for Discovery Of Books and Papers
of the Erie Railroad and Argument Before
Judge Inaraham-A Legal Technically
Proves Trump and Wins the Game.
Shortly after the termination Of the above pro-
ceedings before Judge Barnard there was another
deal in the Erie Railroad suits. The same lawyers
playing In the previous game all took a hand, and
under the new shuffe the game was quite
Lively. This new deal was in the form OF
motion before Judge Ingraham OF the Supreme
Court. IN chambers, made on behalf OF the plaintiff
In the suit OF Ramsey VS.. Tie Erie Railroad for
discovery OF all the books and papers OF the Erie
Railroad Company, made In pursuance OF an order
granted by Judge Brady the 2sth ult then sitting
IN chambers, to show cause why order COMPEL
ing such discovery should not be Issued.
Mr. Field moved q stay Of proceedings on the
ground that Judge Brady's order opening the de-
fault had been appealed from, and If Set aside that
the case would come up before Judge Barnard on a
mere question OF extra allowance.
Mr.. Peckham said that as they understood Judge
Brady's order II the same was set aside that the
case would come on Tor trial, and that II II was not
set aside that the case would be tried all the same.
In any event the would ne tried, and what
they sought to accomplish In This motion OF
discovery granting access to and examlna-
ton OF the books and papers OF the Erie
Railroad Company, was TO get ready for
the trial. They first heard OF the appeal from Judge
barnard. They had never received any notice OF
tins appeal which was an appeal from the order OF
Judge Brady, vacating order diminishing complaint.
lie referred TO the Injunction previously served upon
they had used every possible diligence IN preparing
for and bringing the case on to trial. He talked at
length and quite warmly on this point, dwelling
with peculiar ycheinence upon the obstacles placed
In Their way ny The defendants.
Mr.. Field insisted That Mr. Peckham had evinced
altogether more Keeling In the han the circum-
stances warranted-more feeling than was natural
or becoming IN the discussion OF a simple legal
question. 1his attempt at discovery OF the books
and papers or the Erie Railroad Company he char
aeterized as most comprehensive and inquistorIal
proceeding. IL was. not known yet whether me
the Court, In the exercise OF its judicial discre.
ton, would grant sucn an order until the case
came on for trial. He asked this stay In the erdi.
nary course OF proceedings. He then went into a
history OF the case, charging the plaintiffs vita
before another Judge. lie would not be party to
any such proceedings. The other party had been
very SLOW al along--nad rejected one chance tor
trial, and now they were In a terrible haste.
Mr.. Tremain most urgently insisted that the mo.
ZION be granted. He thought IT surprising that the
from the decision OF Judge Brady should come from
Judge barnard. This suit was brought against men
who had Iragduently obtained possession Of the
Erie Railroad 1ranchses-against Fisk ana
Could. the 'front.' and head OF the fraud. They
desired an examination OF their books and papers
behalf OF the stockholders OF the company, the
victims OF their frauds: 1t was about time, he
had only been seeking the remedies the law gives
them, and at every step they had met with inlunc-
tons, orders, motions, 10 deprive them OF their
vested rights. bill Of costs hang in terrorem over
the head Of Mr.. Ramsey. In the name Of justice
they protested against attempts at stay OF proceed
iDgs, and hoped their motion would be granted.
Mr.. Field In replying showed that he had reserved
his best shot for the last. He pressed as fatal TO
the motion the tact that the petition upon which 1t
was based was not property verified inasmuch az
the commissioner OF deeds before whom the urat
was taken had not atnxed to the same the State he
lived IN and place OF business.
There was some sparring this legal technic8lity
which ended in the Judge sustaining the objection
and granting an adjournment until next Monday
for correcting the mistake.