New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-12-02
FISK VS.. STOKES.
INJUNCTION.

PROCEEDINGS BEFORE JUDGE BRADY-VOLO"
SOUs ACKNOWLEDGEMENTS A. SEWARD As
A PEACE-MAKER--MR. BEACH EXPOUNDS III"
FOLLIEs OF HIS ERIE CLIENT.
In compliance with Judge Brady's percmp-
tory adjournment Of the argument on the ih)unc.'on
restrain Mr. Stokes and others from publishing tDe PHI
yato letters written by James Fisk Jr to Miss Helen
Josep.nc Mansfield the counsel on the respective eS
appeared punctually at 1oa O'CLOCK yesterday in.'
were VIM A. Beach, ex-(iov. Lowe, AMI Mr. MORGAN io'
James Fisk r. Samuel q. Courtney III be'aif oi inc
lady OF whom Fisk stands in fcar--Miss Manshcd-ani
Mcs.rs. yobn McKcon and Shepard for Mr.. Stokes Mr.
Stokes was present. bnt neither MI F'sA '"' '''' ~
field appeared during the day.
Ex.Gov Lowe opcucd the case for the r!ainfn. II"
explained that April 20, 1871 there were s'VeI" ''
bet ween sir Stokes and Mr. Fisk, ana tat on 'na' u'
an arbitration ed upon which incinded INC So.
render by Mr. Stokes OF letters to Miss ns"cd'
and Of an affidavit and memorandum made 10y h.r a.
condition precedent to the arbitration; TIA, IN rcr"
Proceeding since discontinued, these niiittts WI.
Wits re,catre tie same statement and this suit wa
brought to restrain their pUDication and " eo"pe TIC
tuircuder Of sIch papers -,
Mr.. B!csIcy's affidavit rchcarscd the procoeGinSs
which led 70 the settlement, among thrm i, hta,i
sr. Stokes for the enbclIiencnt OF Fri" !ilHd t' SUI
against F.sA for nalc Prosecution aEd heel ~
tod how tie sctte.nt and ra on E S "r9nP"
cation that others lad enrapprd him into On, a. ri'
afbirators proposed lie s..ii in these aia;s Dat
desired ~ suppress these papers, "a thor pune 'p
would 10 a great pubic scandal. Mr FIX M'Nh ~,
lten To any ARRANGEMENT except tai, c,ndi'on a"d
ho si!ers hnd papers we're given up arI 'Gt % ~
stated positively that Mr.. stokes uud"r.oJ ID" oi''
tuie agreement to be the su.Ioni,g ~ tho p -
dav when Mr. Mr. snsrara Said d he t' s;a d.,
aniavt well as M snarer. a. they vcr" eo1lS" or
Mr. Stokes and these aiD,li;lts rrVcal'd nh'': Oh
tanned ~ counsel He would also object To Nj. :-an.
AMI Mr.. Bingham's alld,vit' bccase thev weo srrond
aiidavt,, and not served ti TOO late NJ Lowe STATE"
Mr. Fullorton's and Mr.. S!acrs aiiils' were Oh!
Slnn,r I'D IN q
that occurred while they were couhtri
orr r that Mr. f""rf"n ESd wihJraS a. s -
Mr stokes ar ed to an at0raion Mr st"kr to,f ni.o
Ton I,.X's own counsel Clarence a. aari, ~ n" be-
nwcrt Sir stiles toll hin he was Gissa,i,fo WIN it
ana war e0g make motion to set a''; tie awari.
Ia GII whether &c succeeded Ut ho:. lie wa-
sS the S ward on the ground that seward lad h@n
guilty Of corluliion; that he ocward) hsd accep.cb
ir. l'.cft ailavit lecitcd that the OF Mr..
sfw. Tor fbGr W. ~, SHgsea a ny Nr h. S ads
.tt!at Iir. StoNcs hin, aud stating that he
kl.w t,t Nr FIX dcs,rei the frrsnar q the paper;
az arbitration, and asked Mr. Morgan to arrange that
:ir. saecny should bc arbitrator. NJ Marsan further
Ease awarded Ivy the arbitrator to Mr.. 81 cs: that Mr.
-sied this would he release Of all his claims
-.lr., NJ. Fisk. Mr.. Morgan Answered yes. Mr.
-.,, as. 4 Cor time. NJ. Morgan came back about two
horr. later. vixen Mr.. stokes demanded an interview
hr .ai he was dissatisfied, aud mad still Other
tlnr FOR yi" Nj. Fisk would give him the Erie Rail
N -. .aii he was satisfied with the award. and
NJ 80. sI he dissatisfied. MI stokes finally tool
ie money lat sLd 10 wou. Rot be Responsible or tue
Joan T. Bin.,sam's affidavit substantially confirmed
the preceding the original affidavit OF the coorcd
water Eichard L. king, then read. This is tho i
time the OF gtna mas been produced, copies only
having htherto been read. II excited considerable
cnnt anon. he lawyers "ho stood by listenihs
ia ~ b. en- oGe.eI 10 red a portion Of Miss Mans
triu- t.siin' ny III tie sam" proceeding, but judge
III ~ tr.. lart # o1nd only mProper IA repnttal
". sh"l~i'.. ior the defendants. claimed that tIe
awiT had rcthiuc to do with thc "te II hal II wac
yoH ol rs ts"c, ard wncn that llrs''on vas topei,
s;t 10 prevent tie publication Of certain papers 10y Ger
ir TO- p lSns Il the %n00 appeared O
'Ai'A''''' - mrs Mr.. sroK.s;s AFFIDAVIT.
Counsel then read the affidavit Of Edward s. Stokes
TIE original claims ;re Of matters connected VIII
t.c Blooklyn oil Eofncry Company. OF which the d'-
fcnGLat trustee secretary, AMI stocko!ler and oi
which The ciiof stockholders were James Fisk, ARD
Jay GoId TLey did not appear owEcrs bocins the
Eic RAILWAY Conpary thc ou:r"r ,f the OH Con-.
t",plnny would thea withdraw tncir pryi tc'. Apr
-..1 quar-. aio.c between Fisk and 'ns'f, WIEN
ic1:,2 h.. None: lie says Ia, riogg- IL. ...3
traitor came Fl m MI fs>; t;t IN all of hs 'uit sI~'
,iri, ,ut HIN CERTAIN iut..ls vl,.ch shOwtd ire
c,nrr ,i, OF Ish and Gould VII. the OIL rctn.r and
,ac,i ! .,trienrnt wad arranged by wa5l ac wa5t,
H. III ';G.i'' Tor iHo , oii i'nns'y. A''r%ati
r% 4r,ca % t sS%"' tori look a .' If e
lad totr.td FISK aud could. Under The suCs's
Yn IG r., ncr WINS c :" ijo III. 1ht ia 20 T
E ia hln before that the lawyers ali ikea iho i:rc
E'lro'd Money they iarped IT. 1t up c as Kittens a."
tiled t. luke bg-h Tor but do,t tinh he VIII lr
20 Gnch more When put 10Y hana it Is colo
ailiIIyit ,pced that IN the matter OF ALTERATION Mr.
"tgI vented 70 DC aGotrAtor AID also "an'1d U DN
M. Besch ,,tcirf,ptna and objected to the further
reauiG OF this affidavit as irhperinent and sc9iaiou-
A A /,
claimed thai lie matter irrelevant, entire y, as III"
Who'll" on alton Of the award was Irrelevant. judi"
BRADY decided leave out the entire quest IA ol arci-
Son i'.i a%nrL Tie portioa Of tIc uihis!t 81 ir
Jll., Brady refused 10 hear, IL p? follows:
AR. sEwAEO As AnBireAIur. X
Seward wanted tact counsel on both sides for 10
would Of great vice TO him in the Tammany Party
By OF his being able thus to keep the letters and
ai!avits from the public Indeed. that they would
highly appreciate that service that they would procure
him Juigeshp in thesulrnne Court. He world charge
that he idnt sec how Seward cout take such nonina.
tS PETS s e. s s Sa Epu 81 aa not and
I knew he had been connected with the Erie Railway
Company as counsel in number Of suits and In the
year 1885, received fees amounting to e14,Upl
recess Of 20 minutes was hero taken. The affidavit
O. Miss Helm len Ssss"nns Ma%snea was s rel Il
OF had proposed to use them to extort money. had
ss% The m I
Fisk. She has recently refused to give an order Mr.
Sweeny for thenl
The affidavit of E. j. Dunn Is to the effect that Il was
attempted by Fisk Induce him make an aiiidcyit
about Miss Mansfield which untrue. The hairircsscr
of Miss Mansfield, Mrs. Ward. made an affidavit stating
that Mr. Fisk had told her that King made an aida.
Wit and wanted her to do the same but that refused
to do 90.
Mary a: Williams, living at Miss Mansaelds residence.
denied all the allegations contained in Kings aidavts
SO far as tine same related to her.
She also denied that Stokes aud Miss Mansfield lived
together az and wife, and states that King was
asked to sign paper without reading It, On the
contrary, she says that she would not let him sign a
paper without his having read It,
Mr. Beach read certified copy Of Miss Mansfclds ex.
Of James POutOn read, which he testified that he
knew Of the existence Of the letters that he would
junction, ~ they were within his reach.