The New York herald., 1871-12-16
THE GREAT ERIE CASE.
Ordsr for tho Transfer Of In: IN: English SHARE
holders Stock at Last Issued.
Twelve Thousand Shares Not
Surrendered.

The long httgated Erie Directors and English
stockholders suit, In which the latter have been
claiming the registry In their name OF over 10000
shares OF Erie STOCK was yesterday again the sub.
3oct OF excited legal controversy in the United
States District Court before Judge Blatchford The
result OF the protracted hearing OF the pros and cons
on either side before the Master Kenneth @. White,
resulted In the issuance OF an order that Jay Gould,
blaming the ownership OF over 1000 shares should
be taken before the Master for accounting Of tho
whole amount claimed By the English shareholders.
This brought sour American Cousn' In this trans
action to hs knees, or rather to one knee only, as
he reserved the other for o further come down II
need be. Mr.. Gould did not put In an appearance,
but forwarded o letter authorizing the Farmers
Loan and Trust Company to register 47,292 shares
OF Erie stock. THESE shares were to be delivered to
Heath and Raphael, the English shareholders. The
parties this protracted suit then came before the
Master with the object OF transferring the shares
question, In pursuance OF tho Masters order; but
1t was then found that Mr. smith, the Assistant
Secretary OF the Erie Company had taken away the
certificate which represented H. 7s2 shares Of stock
making the whole number Of shares as originally
sued for CO. 024 In these 782 shares an ownership
10 claimed by Fisk Jr., and Could and they are to
be held In allegiance until the controversy regarding
their ownership s determined.
( When this fact was brought to the attention OF
Mr.. Southmayd ne exclaimed with considerable
arasoioillty "Yes. suppose So This Is q specimen
,pf tho way In which this whole damned thing has
been carried on.n
Nr. BEACH said he presumed that Mr.. Smith took
tAe certificate away yesterday through misappre.
mansion aud for that reason ne did not believe any
QiahOnOraDle motive should be attributed 80 MIN.
Counsel said he had advised compliance with the
Masters order, and he knew that there would 20
Suoh compliance 't-:--rss -
Mr. RoIsToN observed that he did not want any
certificate. He would 90 SO without such order
The Master then sent tclegraphic message to
s1 sas SE asi ~ SslGss s5e's'
~ ANOTHER MOVE.
Before that hour. however, Mr: Beach appeared
pallng upon the Master to take evidence as to the
ownership OF the l2,7s2 shares OF the 60024 shares
Gould says that his claim to the l2,7s2 shares Is
founded upon Gertllcatss which, he alleges, he now
NJ. sournMAYn 1a Opposed this motion. contendIng
that these snares Of STOCK sre placed in the posses
sion Of the Court by fraud and yice on the part Of
Court gain no advantage Dy his impr3Ber senduct.
Any certltcates for these shares whica Gould may
therefore, to be made good In that city where the
means OF Identifying them alone existed.
Judge BLATcHFoRD-air. southmayd. you seem to
me 70 be going too extensively into this matter IL
not % necessary TO travel over this case once more
. M. BHAcH-Your Honor cannot be more sick OF
IL snAu am.
NJ. SOUTHMAYD-I am sick OF It also and sick Of
every body and thing connected with 1t
Mr.. EvARTs-lt Is not our fault II VIC 90 into II, as
1he opposing counsel has declined to open.
NJ. BEACH-N0; have not declined to open. I
shall open now.
After argument ON the motion Judge BLArCH.
FORD reserved his deols0n. II the decision be ad.
verse to Gould he must sue out his right to the GER
unCatos OF IL, 1872 shares In an English Court.
CROSS BILL.
When the argument had concluded Mr.. Field filed
cross bill in the OF Heath aud Raphael vs. the
pn thaf fna r,rr-
hearing on that bill
THE WITHHELD CERTIFICATE.
!. At hAlf.past two P. M. the certificate which Mr..
Smith had taken away was returned and the transfer
or the STOCK In obedience to order Of the Master
was made. This stock Will be registered under the
Masters directions at the Farmers Loan and Trust
Company, and delivered TO Mr.. Swan. the attorney