The New York herald., 1871-03-12
UNITED STATES CIRCUIT COURT.

UNITED STATES CIRCUIT COURT.
Fisk, Erie and the English stockholders-An
Injunction Dissolved.
Before Judge Blatchford.
The litigation In which Fisk. Jr., 80 prominently
figures in connection with the Erie Railroad Company
came up yesterday the United States Circuit Court
before Judge Blatchford. This suit was brought
by the Erie Railroad Company, Fisk, Jr, ana Justin
ID. White, director Of the road against Robert A.
Heath, Henry L. Raphael and three other English
shareholders OF the Company to procure possession
OF sixty thousand shares In the railroad
which, as alleged, they had lawfully enjoyed and
held The bankers OF the defendants, all OF whom
have their residence III England, sent these sixty
thousand shares TO the Office OF the Erie company,
holding the certificates with the ordinary transfer,
TO be examined by one OF the clerks, who de-
termine their genuneness. and, If pronounced gen.
uine to be registered in the usual manner at the
Farmeis Loan and Trust Company in accordance
with the established rule of the Beard of Brokers
made to provide against the issue OF spurious cks
Upon this state of iacts bill was filed In the State
IL from Judge Barnard. This order enjoined
and restrained the defendants from reclaim
Ing or receiving back the certificates, and
James Il. Coleman was appointed eT parte
receiver to take the stock and transfer 1t In his own
name. Upon this proceeding the defendants: whose
stock had been seized, moved that, under the pro-
visions OF the act of Congress, the case be trans
1erred to the United States Circuit Court and put in
their answer to the bill. Notice of motion was given
TO dissolve the injunction and compel the return by
the receiver o. the stock to Heath n Raphael and
followed, but some lew weeks since the lnal hear
ing was set down for yesterday at eleven O'Clock
BEFORE before that a0n hour the Solicitors Of the paints
The Erie Railroad and Fisk and White.
served notice, announcing their dscontinuance Of
the suit and their readiness TO pay the costs Mr..
Evarts, VINO acted as counsel for the defendants,
notified the plaintiffs tnat they intended to insist on
Morgan, on the part OF the Erie Railway Company,
being unable to obtain delay lett the court room.
did not appear. Mr. Evarts then opened the case
and, on a statement OF the position OF the defen-
dans, Judge Blatchiord, on ms motion, granted an
order dssolvng the Injunction, directing the restOra
tiOn or the property by the receiver and the terni
nation OF the receivershp.
Criminal Proceedings.
Before Judge Woodruff.
The United States us. george B. Charlottesville
nefendaIt was indicted for altering and passing ia
SO, 900 United States fve-twenty bond. His trial
had been left unfinished from Friday evening"
General Davies summed up the case for the gov.
ernment yesterday at the sitting OF the court.
Judge Woodruff charged the Jury, remarking that
IL was little remarkable that the prisoner should
BIT there IN the face of all the testimony given against
him and offer no proof, not even suggestion, that
he came honestly into the possession OF this oond.
The Jury found the prisoner guilty on the first
eights counts Of the Indictment
Burning of the Ship Kobert Edwardes-
Motion tor New Trial. ;
Charles Purdew, who had been found guilty OF the
crime OF burning the ship Robert Edwardes at sea
under the circumstances developed at his recent
trial in this court, made q motion through his
counsel for new trial on the following grounds
Ftrst-That where two are jointly indicted and
Dne Is convicted the latter may have o new trial
without the other.
Second-That the corpus delecu was not proved.
THIS Is necessary before CONVICTION can be had
A confession
alone cannot be had, even II the confession was
voluntary, IN the absence OF proof, dltu1ade, that
crime had been committed
FOta'ta-A conviction on the evidence OF an ac-
compce alone, unc0rrobornted, should not be per-
mitted. For q conviction the confession alone Is
not sufficient, nor was the evidence OF the accom-.
plice alone suficient and the Court ought not to
allow conviction when both were in the case. The
same rule should apply In the case OF accompllces
who did not corrobrate each other.
Counsel argued that there was an entire absence
of all motive for the crime, and that there was no
proof that any one set fire to the ship.
District Attorney Noah Davis replied on the part
OF the government contending that the conviction
was valid, and citing several English and American
authorities In support OF his view.
Judge Woodruff pronounced brief opinion de-
nying the motion, and refusing motion for arrest
OF judgment.
TO set fire to the snip.
Prisoners to be Sentenced.
General Davies stated that the government would
on wednesday next move for sentence upon all the
prisoners who had been convicted In the present
Term.
The court then adjourned.