Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-12-15
An Erie Railroad suit.
FISK AND GOULD oUTwITTED-AN HON
EST JUDGE OUT OF NEW YORK CITY
How "CoL." FISK WAS
CAUGHT MAPPING.

John w. Thompson, President of the
Ballston Spa National Bank, with other
holders of preferred stock of the Erie
Railroad Company, missing their accus
toned dividends of seven per cent. for
year or two, commenced suit to try and
find out where the money due them had
gone, aud to recover it if possible. After
numerous motions made and heard be-
fore Justices of the Supreme Court IN the
First, Third and Fourth districts, occupy.
ing much valuable time and causing much
trouble, lin some cases two motions before
separate Justices being set down for hear
ing on the same day. Justice Rosekrans
at special term recently made decision
and granted substantially as follows:
1. Defense in answer stricken out as
sham and false. The balance of the an
swer adiudgad frivolous and as present
ing no defense.
2. Judgment ordered for plaintiffs, that
defendant account for and pay over to
plaintiffs their respective shares of the
net earnings of their property.
3. Referred to Hon. Charles s. Lester
Of Saratoga Springs to take and state
such account, with power to take testi-
mony in any part of the State.
~. OhcoTsy seENtuts auQ dgeuEB OF tu6
defendant are ordered to appear before
the reference and to testify and to pro.
duce such books, etc., as the referee may
direct. Such books and papers may be
examined by the referee, accountant and
plaintiffs attorney, and defendant direct
ed to give access thereto, and extracts
made therefrom on such accounting.
Attidavits produced by defendant,
sworn to by T. G. Sherman, Edward En-
sign and s. N. Speyer, adiudged emperti-
ne,at, irrelevant and scandalous, and or
dered expunged from the files of the
court.
Frank Thompson, son of the leading
plaintiff, the plaintiffs attorney in this
suit, has had an interesting time in con-
Quoting it, having been embarrassed in
in every way possible. A writ of dis
coyery, granted by Justice Potter, was
only served after weeks of trial by ruse.
Having been foiled in every attempt to
serve 1t on Fisk or Gould by their run.
ming away or hiding when stranger APP
preached, at last Mr.. Thompson bethought
him Of this plan: Addressing an official
looking envelope to Col. James Fisk, jr.,
commanding Ninth regiment N. Y. s. N.
g., he sent man to the opera house one
evening to deliver it. In an interval of
the performance this man went to the
Colonel's box and inquired for him. As
Col. Fisk stepped forward and announced
himself the messenger made a military
salute, and handed him the letter. In
obedience to this order, so served, some
five millions of appropriations of earnings
were discovered and some books and pa
pers were withheld under construction
of the order of the defendants attorneys.
Now, under this order of Justice Rose
krans, we may expect farther discovery.
A DARKEY ON 1CE.-The partiality of
the darkey for the sun ia proverbial. At
noon day, with the fierce rays shining
down on his bare head, the musketoes
singing around him, and the fires making
amorous dallianoe with his nose and lips,
he sleeps and dreams. One old darkey in
the Fourth District of New Orleans, has
daily, for months past, selected the door
step of a prominent residence for his noon
day nap. Being driven off one day he
comes the next. With his head thrown
back and his mouth wide open. he snores
away. to the exceeding discomfort of the
inmates.
Called to the door by this disagreeable
diapason, few days since, the lady of
the house concluded she would try an ex-
pertinent. For this purpose she procured
a small piece of ice and dropped it into
the huge orifce that served as Sambo's
mouth. 1t disappeared like shot, and
with a cough and snort, Sambo started
to his feet.
"Ugh y he cried, as the ice sent violent
thrills through his stomach.
"What dis ?" and his fingers clutched
nervously the afflicted parts.
Just then some one cried out in the
house that a big rat had run down "Uncle
Sans" throat. This added terror to his
pain. He rolled on the banquette and
cried Justly for help.
"'Fore God. missus, he's gnawing out'n
me. l feels him. Oh, golly, he's KILN
me-" and the whites of the darkey's pro-
truding eyes, like saucers, and the con-
vulsed and anguished face, showed that
real pain was strongly enhanced by his
imaginary terror.
"Oh, golly, how he do jump and kick
about" and Sambo again gave himself up
to paroxysm of lamentation.
Drink warm water, Uncle Sam, and
drown him." the lady suggested.
started for the water-plug. He turned
on the crank and the water started. Sam
glued his lips to the nozzle until his sides
were pulled out like an inflated balloon.
How do you feel now, Uncle Sam ~
the lady inquired as Sam staggered back
to bis seat.
Il guess he's drowned, missus; but
here's what's troubling dis chile; how's