New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-03-13

The first object OF my associates and myself 70
prevent collision, and to that end had communi-
cation opened with the Governor which resulted In an
arrangement for putting tho road into his hands Your
correspondent says the Of The trial shows that
in the carriage that drove to the depot In Newfork
ON the 9th OF August / not there; Ond although
the printed record makes Mr. Ensen answer afiTina-
lively the question, Was Mr.. Field in the carriage
il Is plain from the context that this was mi7ph'
which your spondcnt OIgt to have detected lIo
printed contains 1909 pages, ana my "tc'oi
was not drawn to this error until Tho question: as
put, was this "Was Mr. Fisk In the earrasei was
In fact $50 miles away having no knowledge OF nior'
ton whatever about the controversy ana NY soh was "
! the White Mountains
The third char IA this
"a Mr. Field was prvy to tho extraordinlry abuse D,
law by which the controls OF she Albaay and 5usq
suits was taken from thg S Sor nsrn no Si0' "
NV answer is that the control OF tho Albany ana S-
ouehanna suits was not taken from the courts Where
they were commenced and where they bciohSen' nor
was any attempt made to take them awayt the control
of all of them was taken from tho First and Ihrd DIS
tricts by the Governor and the Attorney OF the
State and transferred to the Seventh District where
Judge Darwin Smith held the trial
| The fourth charge is this
a. Mr. Field was responsible for the scanlaous mis-
manner rs To- defeat an election of Directors at Albany
lie also responsible for the arrest o. Ramsey ANA his
counsel for q similar unlawful purpose"
There was no abuse OF an injunction at ALL except on
the part Of the party. The only njunetions OBJ
tained by my clients from the 9th of August TO the time
Of election were two.
The complaint regards the service OF the injunction
straning Hand LathrOp and Haskell from acting In
spectors 1t is conceded that this injunction proper in
ITSELF but it Is alleged that it held in until
20 minutes before the election, and evidently in
tended surprise upon the other party The fact Is
that this injunction granted By Judge Cleric, the
afternoon Of the day before election and did not reach
Albany until late hour that night when e entirely
too late to it, was sent out for service al O'Clock
on the morning of the election being the Garlic moment
a which was probable that Tic parties could be found
and IL turned out too carly TO find Them for although
| these gentlemen diligently sought two Of them
could not DO found until about hour previous to tic
election.
Ia order to explain the statement made in the trial by
ono Of my partners that ho saw this injunction at
Albany at O'Clock in the evening before the election IL
is proper to say that what lie printed copy OF
the injunction which had been prepared for submission
the Judge sent up from NewYork bat the original IL
uncon did not. in fact, arrive at Albany until late
hour Of the night and service coull not be made with
| out showing that
Eut this complaint Of surprise comes with III grace
from friend OF Mr. Ramsey, who obtained Six different
nimctious in the OF various persons under his in
luenco all Of which served at the election which
they were designed 10 control, and all within half
hour; one Of Them which served Il minutes after
the election began being injunction 60 the suit OF
Harder against the holding Of any election whatever,
ana within ten minutes thereafter Harder himself
marched into the ROOM and opened tie very election
which the Court his request had forbidden, and stood
there for two onr3 as Inspector receiving votes in VIC
laton Of his own injunction. This unparalleled abuse OF
judicial process is al told in the pIlated record from
which your correspondent quotes freely yet he fails 10
mention it.
Our injunction. whcniserycd, wasinot surprise upon
tic Ramsey party they both expected and prepared
IN I lrep urOpnelurS again lie Town
Commissioners, commenced by tho Ramsey parry, the
aCJayits In which were the 81 ana lh Of Sep
tcmber distinctly referred TO and provided FOR new IN
specors in the place Of Hand Latr0p, and Haskell p
Tic Grocs6ecS suit did the thing The Eddy sit
did the thing; 4. The Harder suit did the same
fling; and g. Ramsey testified the trial that lie Lad
heard rumols Of an Injunction ard had consulted about
appointing new inspectors about % o'clock on the morn
/ ing Of the election
lam next said TO have procured or to he responsible
for TIC arrest Of Ramsey, Smith, and Phelps. at the time
Of the election THIS is not true Incihcr advised de-
sized ror expected hcsevcc Of the order Of arrest on
these persons at that time. Your correspondent krows
or ought know the testimony which has been given
by Sheriff, the Shor5 counsel, and five or six other
persons showing q the sheriff went TO the COmpanys
once al the suggestion Of his counsel rs thc most
convenient place TO find all tie GCi,ndants together;
that he had no Instructions or hit from the plaintiffs or
their attorneys counsel suggesting that he should go
| there ana that he himself never imagined an inter
ference with the election. IIcmciu5cr seeing R1lse! III
tic room ahout tine time Of signing the bail-5o=d and
wIcthcrI spoke to him not DO not rccocct; hut Ger
ainy did not the language charged, nor By word.
tone, show that rcioced in or approved OF
the GrTcs It a surprise TO both Mr. Sherman and
myself and be showed his wish TO make 1t as little IL
convenient 10 the Ccfndants possible by conscnng
TO take on the spot bail WHO not eligible, and who
certainly would not have been taken there had been
apv desire to annoy or cnbarrGss the defendants. did
advise that q suit should be brought against them,
and that they should held TO ball. and if suit
had lawful that, in Judgment, had It, 1t was
authorized by the Executive Committee OF the Company
appointed long previously
The books had been made away With; the men arrested
were supposed 10 have taken them, and TO know where
they were and they refused to return them or to show
them, tell what entries OF stock had been made IN
them. Here viii go into detail. When arrived
at Albany the evening of the 9th Of August was, as
said, entirely ignorant OF the whole controversy. Bat
was there informed already stated, that the stock
and cash books Of the Company were missing ana there
were grave suspicious that the toclst had been tam
pcrcd with. We that is, my associate counsel, judge
Parker and myself, went 10 work to find out where the
WERE aud above All what entries had been made In
| them but, Notwithstanding every effort, were unable
TO find the books. to learn their contents. Ramsey
examined. Ramsey's SON. Smith and Phelps. None
Of these persons, they swOTe, cOud tell where the
books were and could only learn, after the most e1
haustye questioning, that secret subscription had been
made for several thousand shares but the extent OF IT,
with the Of all the subscribers, did not learn
till long afterward. The object the Church party was
Of course prevent this fraudulent from being
| voted at the election without il they Of
succeeding. They had majority Of the lawful stock
they supposed.
Though up 10 the time Of the election much in
the dark the extent and details this fraud
informed. on the night of the 9th OF August
Ramsey without the knowledge Of the eight directors,
assembled few friends at his house, aud had them there
cir