The New York herald., 1871-03-28
THE TWO CODIlNODORES.
rhe Five Million Fisk-van-
dcrbilt Suit.
The War Of the Railroad Ttans-vanderbilt, the
Man Of Bronze Gets the Better of Fisk, the
Adipose-Daniel Drew the Last Witness
and Futile Attempt to Draw Him Gut
Dismissal of the Complaint by Judge
Barnard and Way Dismissed

The famous suit brought by the Erie Railway Com
pany. rather by Fisk Gould, its managers
against Commodore Vanderbilt was yesterday
brought to a conclusion by dismissal OF the COM
PLANT by Judge Barnard, OF the supreme Court Tne
suit an win be remembered was originally brought 10
recover $4,000, 600 and known In the courts
the five milhsn dollar suit against Vanderbilt
Messrs. Gould n Fisk sought TO cancel TRANSACTION
alleged TO have been effected ny the officers OF
she road on its behalf ny the Commo-
dore by which the latter IN July.
1865, transferred TO the latter nifty thousand
shares OF capital stock purpor,ng 10 have been
issued by the ROAD, and gave to Messrs. FISK h
Gould and otuers what is known in ths vocabulary
OF stock transactions a. .'cal" 10 80 600 additional
shares. IN consideration OF sS,5o0,ooo casn. Grow
ing out OF other stock transactions furtner claim
OF 81, 900 was preferred against the Commodore
and suit brought 10 compel payment OF such
alleged gross Indebtedness II is unnecessary to go
through all the familiar details OF the suit.
The Commodore Showed ngh. Fisk 4 Gould
would not back down. The combat
deepened and became more complicated,
and then, under the growing development OF facts,
the s3,50o.ooO claim was thrown overheard and
every energy concentrated by FISK & Gould to
eject a compromise Fisk 4 could gave their
evidence. The Commodore gave MS, and the long
drawn out evidence and longer drawn out talk OF
the opposing counses ned, from time to time
Columns OF the newspapers. As stated above the
final
WINDING Up THE CASE
occurred yesterday, All the chambers OF the
Supreme Court being occupied this final hearing and
WIND up took place in the chamber Of
the Board OF Supervisors. OF the imme-
dlatly interested htigants Mr. Gould only
put in an appearance. Tne opposing counsel. OF
,x-s.l
Dudley Field the legal ghts and interests
OF the EYe Railway Company, and dr. william 4.
Beach and ex-Judge Noah DAVIS TO see to 1t that no
advantage, legal Illegal he taken Of the great
railway KING. As usual in all these suits there was
large crowd Of spectators. The crier calling ont
the usual PREDATORY rgmarole, which might be
Hebrew Sanscrit far rs its intelligibility TO
those present Is concerned. the Judge commenced
whiting upon stick pursuance OF ms usual
custom, ami then followed
OPENING OF TIE PROCEEDINGS.
Mr. Reach began by reading those portions OF the
deposition OF Commodore Vanderbilt which had not
been read 10y Mr. Field as evidence on his part. TINS
concluded he recalled Mr.. Daniel Drew. The old
gentleman TOOK hts place promptly the stand
WIN quiet easy indifference and answered the
questions put 70 him.
DANIEL DREw's TESTIMONY.
Q. You were at the settlement at Mr.. Pierpont's
house spoken OF by Mr.. Gould ana Mr.. Fisk IN their
A.
Q. You had had in New Jersey bonds or the pro-
ceeds OF bonds belonging to the Erie Railway Com
pany IN your possession A. Bonds
q, Bonds or money OF the Erie Railway Companyf
A. on, yes, sir: had many securities.
z. Did you IN that interview al Mr.. Pierponi's.
tell Mr.. Gould or Mr., Fisk, that that money or any
portion OF that money, or OF any bonds which you
might convert into money, you We're going TO give to
Comm odore VanderblltS
MIR. Field objected the question as leading, and
IL was put In another form.
q Did you deliver any money belonging to the
Erle Railway Company into the hands OF Commodore
Vanderbilt A. Never.
q Did you propose at any time 10 do sos A..
q. Did you say AT any time that You intended 10 do
sof A. Never.
o. All the interview at Mr.. Pierpont's house. did
Mr.. Fisk ask You what was the nature OF that
view, and did you reply that you arranging the
law suits: and did he ask you what under heaven
you were arranging them for, or anything Ike this in
substance or euecty
Mr.. Field objected to this question because II EN-
braced three questions.
The Judge suggested that the witness might
answer the separate questions In MS own way. The
questions were divided.
O. ON that occasion lid Mr.. Fisk ask you IN sub
stance or eiect what under heaven you was arrang
ing those suits forf A. No, sir don't remember
he did; DON'T think he did.
o. Did he upon that occasion tell you in words
substance tnat there were members in the board
that strongly objected 10 any settlement: A. don't
recollect that he did.
q. Did you at that time tell him thar yon had been
talking With the Commodore, but did not seem to
arrive at any satisfactory resolutions that you had
made TWO or three trades. or ANYTHING 10 that eecty
A. No, sir; i don't remember any such converse
ton
O. Did yon tell MIN at that time that they-that
you aud those proposing a settemeDt-had goi o
majority OF the board and would carry II through
O. Did Mr.. FISK upon that occasion tell you that
he had been lighting this settlement for six seven
months or anything 10 that effects A. No, sir; l
don't think he did.
g Dld he ten you this, or in substance this =
''lou know that Tor nine weeks While WAS III Jer-
sey that lscarcviy took or my clothes TO Keep tins
money from being stolen, aud could not see any
reason why we speuid not hight that position the
same there We fought in Jersey, that had
fought against oil OF them 10 prevent this money
Mr. Field onlected 20 the question as leading
Mr.. Beach said he would shorten l.,
z. Dld you upon tnat occasion come TO Mr. FISK
with tears IN your eyes and ask him II lie would con-
q. Mr.. Fisk states that upon that occasion you
came 10 him, and be speaks thus In regard to volt
.'Tne old gentleman was little weakened and wenI
on 10 tel what ne suffered during his pilgrimage III
Mr.. FieFl objected, but question was allowed.
A No, sir: oo,'t think there Was any sucn talk
Cross.examIped by Mr. Fielc-o. what did you go
~ Mr.. Plerp ontis house sorf
A. J mad notice to there from the President.
MI. Eidrdge: ola not know when went there
wnat tue meeting was for; did not Know ~ Was
for settlement
q. Had you no idea what 1t was for2 A. Wen, he
sent me q note 10 meet him there and after got
there
z. No before you got there, had You any idea
what II was fois A. No, sir; can say tnat had
j had Idea what IL was for, only TO meet NJ r.
Edridge and some OF the otner people there.
z. Who were the Other people you were TO meet
A. some OF The directors.
z. Wbof A. | suppose all the directors were
Dotined.
z. DO you suppose all OF them were noaiedY A. l
suppose they were.
q. wuo ola you suppose were not notified A.
did not Know Dui lnel were al notified: did not
know anything uouut tnat until got there.
z. When yoI got there whom did you find : A.
thuk Thompson AND Eldrid.e were there know
Nil FISK and Mr. Gould got there some little time
alter we got there.
q. not asking you that A. You asked me
who was there
q No, DID not; asked whom you found there
A. Vel, found Mr.. Eldrldge tncrc and Mr.. Thomp-
son when | got there, / think; IL IS SO long ago
cont remember al OF them.
Y. DO you remember ANYBODY else but Thompson
aud Edrldge A. remember every one was there
anq Mi. Fish came there.
q. When you got tnete9 A. No. sir.
Y. DO you remember anybody else when you got
there, excepting those two persons A. | dec lare
don't remember; there We're others there | think:
there must have been.
z. But you don't remember OF .hemy A. No.
4 don't