New-York tribune., 1870-11-30
THE COURTS.
THE FISK sUsQUEHANNA WAR.
MOTION TO change THE PLACE or TRIAL FRO,
NEW-YORK TO ALBANY.

MOTION TO CHANGE THE PLACE or TRIAL YROu
NEW-YORK TO ALBANY.
The suit brought by James Fisk, jr., against
the Albany and susquehanna Railroad Company, Joseph
H. Ramsay and Others compel defendants 10 pay in,e
the Treasury OF the Company the face Of bonds issued bv
them and sold at less than their nominal value came ~
yesterday In the Supreme Court Chambers before Judes
Brady on motion made, behalf OF the defendapta
TO change the place Of trial from this county 10 A.oy
County An affidavit made by Mr.. Ramsay was road.
showing that is witnesses In the case reside In Aanr
that the books Of the Company there, and that IN
hghly desirable that the case should be tried there
David Dudley Field read In opposition the afdayis M
Mr. Ensign, chief clerk In his Office and OF James F.t
r alleging that the larger number OF witnesses to eI
anined reside In this city where the action originated
and that In Albany, in consequence OF popular predin.
dice IL would be impossible 10 obtain an impartial tra
inasmuch as Mr Fisk had been nearly kicked out OF -
city, pistols had been drawn him the newspapers "a
assaed him IN highly infammatory articles and is -,
functions had been granted against him
Mr.. Hale, In support Of the motion, said he did pos
suppose newspaper comments had anything to do with
changing the place OF trial. but it should be done n
accommodate the witnesses. panel Of Albany iurorx
could be selected who would probably have read az nncS
local papers against Mr. E and who %oad n prob.1 n ls
be just az capable Of trying the any jury hst
did think well taken, they had excellent Judges in
Albany, fully capable Of doing justice 10 Mr.. Fisk; ut
he magined the real trouble that Mr.. Fisk
afraid OF justice. In regard TO the books OF the c
psny, they must be examined in the suit a. matte
necessity and TO remove them from the Office Of t
Company to this city would subject the Company y
great incon yenence He thought persa OF the CON
plant would show that the should De transferred
Mr. Field said that every part OF the transactont
place here. There was not "A thing done in Albany
was all a wall-st. operation. These men embez
100000 Of the property OF the Company In New York
pledge for money to pay for the fraudulent stock Iao
object OF the two subscriptions OF 1900 shares and $50
shares TO carry out conspiracy to retain control Of
the Company. The question Is whether the taking
hsm tn Ses in and oe here o
plaintiff and nine OF the defendants also live here and
all the OF action had their origin here The con-
alleged In the answer formed here, " ~
existed The notion he said, came too late Issue WA
ioined i'm March last and 1t was now the Calendar
for trial. and would be reached next month, while II
transferred to Albany would not be reached before the
had never been granted when all Of the defendants did
not apply for it, Local influences III Albany would pro
impartial trial, and the npossi1y OF getung
railroad men OF high standing To leave their business and
go to Albany would virtually exclude that essential cAs
OF testimony. He had observed that whenever any mo
lsbed In full in the morning papers OF the next Day ana
he denounced some OF the reports as iss IA lno
his counsel, referring To the dkmrsa oi ramsay oh
plant had treated b. IN in closing to TINS touching p
of eloGuence which he would read from manuscript:
"The counsel of the Company asked his extra ale p
ance. The Judge required an affidavit showing me ye
allow ye per cent This, said the counsel VIII De nfo
per sOOOOO00 This TRANSACTION occurred IN We
10th century and before the Judicial tribunal OK peop
who boast OF their civilization and justice. Language
fails when an attempt Is made to characterize it."
tunty occurred for answering 1T but now when another
motion ia made in behalf OF the same party, ne "ouia
on that occasion by either Court or COUNSEL but that
IL had been IL would have been but the Hitting pendant
TO two allowances which the people OF this State had
heard Of and to which he would alude as lightly as pos
sble-One OF $4,000 TO the very counsel who means
tOuchingy over this imaginary case, and the other
S92 900 the very client whose behalf he moans
Mr. Hale, In reply, said that the books were never
miles from the city of Albany except when they vs. :.
taken TO Rochester and he read portion OF their snSv
denying that allie CATION. Fifteen witnesses whom
connsei on the other side said he would like TO have
amined here actually asking to have the Gaze rans
ferred TO Albany. It argued that the motion to
change the place OF trial should have been made
March last Mr.. Tracy had received the papers To- =
motion but on the day they be served notice of
motion for leave to file supplemental complaint with
stay of proceedings, served on him. The calenux
at Albany was very short, and there wOnld be no dim
Guilty in getting the case TO trial as soon as II could 90
broiRht 10 trial here IL not Judge Brady re-
served his decision. For the motion, Mr.. Hale and MI.
Tracy; opposed, David Dudley Field.