New-York tribune., 1871-12-16
THE COURTS.
THE ATH-RAPHAEL ERIE STOCK.
RESTORATION OF POTION or THE srOLEl
SHARES.

THE HEATH-RAPHAEL ERIE STOCK.
RESTORATION OF A PORTION or THE STOLEN
SHARES.
Jay Gould, upon learning, yesterday, that ne
vas to be brought before the Master In Equity avoided
coming by sending written request to the President OF
the Farmers Loan and Trust Company to register the
certificates for the shares Of Erie stock to be deiv
crcd to Heath and Raphael The parties to the litigation
then appeared before the Master for the purpose OF
transferring the stock In obedience to his order'
whom It was discovered that Mr. Smith, the Assistant
Secretary of the Rre Railway Company, had carried on
the certificate representing the l232 shares OF sock 10
be held In abeyance until the question OF ownershp
decided Upon this discovery @r so
This is specimen Of the way In which this whoie oo
NJ BeaSH"I presume that Mr. Smith took that cer
through motive sna
don't tnnx snxa me inhibited to him have advised
compliance with the Masters order' and know 'nas "
NJ T Roston"i do not require instructions from the
Eric Railway Company to register that certinca'e'
Tbe M..tc then ,eeeraphed to the Erie office for the
certificate and the proceedings were a'Journco WI
pm. 49,, a., r.A ,.,,oa ,c before yudee
Blstohford the petition FOR an order directing the
Master hear evidence ss to the a o. IGf Claimed
by Heath and Raphael Oulds claim to these icn 1a1sa
based s sss Gu o such
osr e was a,e opposed by Mr. ground that
these of stock were DrOuRut iuto eho
siSn ST tho OF neone sas snS that therefore, in
Court OF Equity gain advantage BY his con
duct that any certificates for these shares, which toa
NAV have were obtained by him In London, ana are,
therefore to be made good in LOndon, where tne means
of identifying them alone remains AS Mr sOuthayu,
I'm Ills Opening argument laying out very Droaa
field over which he proposed to roam, Judge BatchIord
stopped him. saying Mt. Southmayd u seems 70 ne
that you going too extensively into TINS ae h act
ia not necessary to all this case again. Inc act
Is, am sick Of this case Gd nduse1m AT, .
Mr.. Beach-YOur Honor cannot be sicker OF tis case
MI sonthmayd-I am sick Of II too and sick OF every
body and everything connected with 1t. , a,
Mr Eyarts-We can't help going into the casc as the
opposing counsel has declined TO OPEN ~ ,,
Mr.. Bcach-NO, have not declined 10 open Will
open now. 49,, .,, l., n-,,oh
Long arguments both sides then followed, In when
the Erie litigation was reviewed from It's inception
down to the present time Judge BItchford reserved
his decision which, II he denies the petition VIII com
pel Jay Gould try In English Court his rlght 10
the H. 1872 shares claimed by him. - ,,,,,a,, o.o.s
AT the close Of the arguments Mr.. Field ncd cross
bill in the case Of Heath and Raphael agt the Erie h
way Company, and asked that, pending that partGar
suit proceedings in all the other suits be staycd Deci-
The abstractcd certificate for 1872 shares was pro-
duced before the Master at q M, when the transfer
of the stock was made In obedience to his order IL VIII
now be registered under his direction, anu,
to Henry Swan, the attorney, In fact OF ieath ana
Raphael Thus after contest or nearly three years.
these English holders Of Erie stock have obtained pos
session Of 2y2 of the shares which were stolen Iro
them The probabilities that the contest for the pos
Of the remaining 1878 shares OF tha STOCK WI"
not last much longer.