New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-07-20
THE HEATH-ERIE FIGHT.


FORM or TIE ORDER UNDER JUDGE HLhTCH-
FORD'S DETTcN-Mg. S0UTIMAYp WANTS
TIE STOLEN SHARES RESTORED, AND NO
MORE SPURIOUS STOCK northumberland
DUDLEY FIELD OBJECTS.
In The United States Circuit Court, yesterday,
the ease of Heath and Raphael and others as the EIie
Railway Company and others came up The form Of the
order to bo entered in Tire case under the decision re-
ocaty given by Judge Blatchford Mr. Southmayd
asked for tho entry OF tho following order "a the one
which, in his opinion. would best out the pIinc
pie, of Law and equity laid down in the decision:
IS hereby s'r3gsi an ir ed b; ts Court, upon the petition Of
Az 4@ r s iy % ~ % r were e 'o o. controversy
hi, az are Of this Cont ~ the hands Of James d.
S po tie cfcr Of hi. Corrt er SIC, rc4oyl the si
,.c,,i, aid iie,t, a. Rsr,api T.. 10 tIs Caur.
Ss5H5. III, C,1 ni he roscr~ compel by summary poF.
e frs he St o. Us tot psry '4e
8 o.s ;Gr;: o. 'i2o r. .. R. ,,
No. at a, 49, We on w OF i. G'If HsI the pvee
sre'uss :. tl y teas crdi ~ Ne Praet, oa7 trust
T2i,y I, ~ r 81 .,i Farnes L. a. "aI T,: con-.
r, on yaab- po7er-i AID Toe original STOCK ce-de'te.
70, u coos shares Of soas which we tnea from 'i enh srd
Raphael a.! 2..l 10 lie sG rec i'.f DR. i.,'hlh as 70 same
or1 "a S fa.e Loon asi i cSuray Of the s
shares tie Dlre Of Jauo, H. Coleman Re'ey rndnci aal wee
,sa ia, Goa aI ,ni aape se same for b i9s e registration
ia oal t by biz which are in c petition Of Heath ard
Raphe SET forth M respect - ' Of 1e "a .nls be.alsus 81 he
Of eng reg with al cert led BY the''nner' Loan sud Trust
G, ' Nv S 81 -I h To- h.. rel o. ts clae Tor Otter
81 sOj ar stock tie sa Company while such latter cfeaies
io1: iv.-e l1, 'arel rrouy from he custody Of th,
p. 90 " & Reeve Which lave been thi deprived OF the prv
lye shove r,fei 20, shall have reh privilege restored TO
value Of such .poron Aud thereaoq is or.ersi and ngpiz by
T.. Goi af ,r l,i,e Of carg Of tiis order upon
ha NIX ol bis said Ie traction ;, ir .as 'a dysF2{ s ms
tbs M ra March certificates 80 Don other re Of genuine
"a sa'i se cert, ,e Pre- E, E"' PoSSr I5u srd rs
to be SI' F , g' Lo' Dc sp T CPaay Of ,a
~ o., shares o stock belonging i rcevtrhiP Which ha'e be
Ssi io 81 NJ, e si md dyyre 5y e ali Gould a s II
@ 19 vita b. , lp sa made Ii. f b Of uc I''9 9
trton v H. , the Farmers Loan ami T't Company
Teen y saii Goll acts lived Il such giese ana Which stock
used and ,ppri ~ the ,, t-er kenneth G. White or Pre
actual sock c'ces by Transferring asd a~.nin to iA
Master Kenneth g. Nh On Gpe G' b. 70 s =, nan e oar 81
furnishing tie basis. according 70 t4e sCaeme OF THE THE
aSo,n T For . reg,fsoa and edn Of 5000
belonging to the said receFrhp wn,H Lave peep { i &
registration an c,56eo gn which s, s3gsrn to C' o
register OF ne fanne' L2th an P u AMI MN Him
to & ' oS ,.s rel 30 P Go "a sa ali te5 1 70 and be &
H. said Jay Gould - as to make 81, sal r3a,jr as sns't heT
80 the sd ha',f AeHle'a e. 9le sI @ ,up3p sad law
Gould he DO at his option within the above 'sHd & al,sr
r. III cans, 10 the clerk thereof the amount 81 SlC2o
S o as .s ps u stock have los saSt his I'D Tcnsfa
sracon. which all be hereafter appropriated by ni under the
direction o' tbs Curt toward making gOo te said petitioners
Held and Rapae for the said stock belonging them.
& 10 de- said Heath and Raphael jay Gould
a elect make such paant Of money into Co IN hsa o W.
ere egsaon and cericson appernng ieoi ana esse
h,n 3s per share before such payment Court by said Could
shat Ge idaag made o o ,g +. "0ropa as ao. further
sun egusl 10 ac rise value Of such % 900 shares beyoad @j
comply with foregoing order h be subject to the issue Of an attach
@ea against Inn 70 answer O ne b So proof b. ay Of scr,
vice upon him of copy Of this order
After providing that such attachment, IL issued, sha
not prejudice the rights of Heath and Raphael against
the Erie Railway Company, the order concludes fol
lows:
And further ordered that that portion Of the sad petition Of Heath
ana ehich ses ii restrain the Erie RAILWAY Com
aie cptal With The Farmers Eon ai Comya5y b qo9
eeS OF the whole or any P1 Of the sIoS1, U e be- @ the
same hereby 6nei b., is dS5a that sn . s' court
PS@ The ,5 ns s s RS Ros S &. !s ' rev &
therefore question in that behalf has been inquired mo W S
COui and such denial Of e PRAYER Of tbs petition IN ia, AK
question may be pnprpa, P'te oT 'aSd' o the part Of
pP op I,S o S % e a S oT 5 or r decree %
BY Heath Raphael Ii be and the same A''ey u'
MED, but such Genial is without prejudice
Mr. southmsyds argument upon this propO'eu oiuvl
substantially the same that made py niin IT,
the bill praying that jay Gould be commence iep 30 600
to the English shareholders the aie'i = nan,,,orv
shares OF Erie stock, To pay into Court Va nayi
value In the course of his argument a. -arcct M MIR
was rejecting very severely upon ~ ~ sorir0.
Gould. Judge BlatchfOrd interrupted mn a. ,,sscves
think the counsel would better cvi r.iter,ted
to the points ISSUE have heard ,t mini In il
against Mr. Gould I'D HdhSeuhI, anu ~ ,,r, ,enus In
necessary to call him audaclouS al"
takes up too much time" .,o1 and read an
order which, ia his Judgment Is tlc ppp ria main
entered under Judge BlatchiOtl ~ AZ raaah differs
points in which The order presented 10y I' eaGn ei
from that offered by Mr.. sOuthmay are u.s. i2io" ro
The provision Tor restoring tle 'UVU siait, - gptb
posed to he made by placing on me reslsIS s % o
rcgi.trrng AGENT Of the Erie Railway C!ihp.hy oV,Cy
shares Which have been created by tne Compai, anu
,nr Which been Issued 10y lGe CoiPdS
hr bch have NOT hitherto been upon sueh feklsl'Is
liz The nation OF the plaintiffs to open the oeIaml
faten n March II is denied Such course II not netes
800 VA Ia ~ allow the real owner of any stock repre-
senieJ Nv Heath and Raphael 10 elau IL az ne hah"V
,6is C, ~ While t il in the custody OF this Court
NJ paas principal point OF opposition TO Mr SOUTH
n,a order Was that IL requires Jay Gould!o Duy ana
aio, So o genuine shares OF Erie stock, without re-
ii f,rn, the Receiver the 5000 shares when ne
"a an officer OF the Court The argument was sub
tn,taIIy the same a. that made by him at an earlier
- ~ tLIs case a. that OF eNAtorncy- General
fap no followed him. ana closed the argument on the
o b 'Se was then taken up In respect Ia the new bl
q, Unity filed by Heath and R2phuel against the llo
bo I,y,y COMPANY jay Could, and thc Farmers L0sh
~ mat Company This bin rrJyU for an uQuucuoh
~ irsHr,g se eetcnA tnt, go in aiding, or causing 10