The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-04-04
TIE ERIE RAILWAY WAR.
The English Stockholders Pressing Their Claims
Another Removal Of Suits Into the
United States Courts.

Yesterday an adjourned hearing took place before
Mr. Kenneth G. White, the Master, in the reference
OF Heath and Raphael, the English shareholders VS..
Fisk, Jr, and the Erie Railway Company, as to what
has become OF the o54 shares OF Erie stock which
the plaintins claim to be their property ana which
stock they allege the defendants wrongtully and
illegally withheld from them.
Mr.. Buckley and Mr. Da Costa appeared as counsel
for Mr.. Coleman, the receiver; Mr.. Soutnmayd for
Heath ana Raphael, and Mr.. Morgan attended to the
on behalf of Eric, while taking active part in
the proceedings.
MR. CoLEMAN's EXAMINATION CONTINUED.
1he examination Of Mr. James Fl. Coleman was
resumed. He wished TO make correction OF state
mont In his former evidence, which was to the effect
that he was not sure In respect the person upon
whom he made the demand for the stock on the 25th
vi June, In accordance with the order Of the Court
he was now convinced that the demand was made
upon MI Fisk, who stated, IN answer to the demand,
that the stock was In the possession OF Mr. Harris
then absent from the city. II was on the 9TH and
not on tho 9th of September, as before
stated that the packages Of stock were
placed In tine Safe Deposit Company; a comnunl.
cation had reached him. since the last examination.
from Mr.. Otis denying that he was present at the
transfer Of the stock to the company, but his tAr.
Colemans) recollection was different.
Witness, on crossexamination, said Il think
know Mr. Otis. ana am almost sure lie was present
one u for twenty-nine shares and the other for
oo37; these have been In my possession contInu.
ccption Of one night my counsel, Mr seward, had
them, and on another occasion, when they were
sent by accident with some other papers to Mr.
Tweed. They were returned at once.
TOthe important question when he had last seen the
original certificates Of which he had been appointed
receiver, Mr.. Coleman replied on the 9th OF Septem.
bcr, and that he had not seen them since; he had
delivered them to the three gentlemen who assisted
IN the counting OF the certificates ana who were In
the room when he left them there; he had them as
receiver, and he gave them over to Mr. uarris he
could give no account OF these certificates since; he
had never heard OF them slnce he brought the Ger.
tifcates to the Sale Deposit Company the 9th OF
June and they remained with that company TIL the
9th OF September on the latter date they were taken
to the ONCE OF the Erie Hallway Company.
@. Did you place any mark on them9 A. No, sir,
did not and have not heard OF them since.
Mir. Southmayd, at TINS point OF the Investigation,
said he would suspend the examination Of Mr.. Cole
man, anu consider whether 1t would be necessary TO
Mr.. Buckley observed that Mr.. Coleman could now
MI southmayd-l Cannot close ' the Se Examination
OF Mr. Coleman until l get certain Information
which want. Is there any representative here or
Mr.. Morgan lof counsel for Ere)-I do not think
have any Interest IN the NATTER far as the Erie
Mr.. sou'hmayd-Mr. Coleman says he was an hour
at the Office Of the Erie Railway Company signing
his name. want to see what he did sign.
Mr.. Buckley-Those books are very bulky.
Mr.. S0uthmayd-i want 10 see those books.
MI BuGhleymi suggest to you TO so to the ONCE OF
MI Southma7d-Mr. Coleman says he was kept
signing ais name In one book for an hour.
Nh. Buckley-1n that he may be mistaken.
Mr. SOuthmayd-Iti Is all IN one book There were
fifteen hundred OF those original certificates. MIR.
Lane told me he was in process OF picking them out
Mr. Bucklcy-Mr. Lane told me TO say on mis- own
BEHALF and would say, matter OF courtesy to
him. that you can go there with me and have your
own examination as to all you want to ace.
Mr. Southmayd-lt Is not necessary for Inc to ex.
plain the reasons why do not want TO 20 10 the
Office OF the Erie Railway Company. There are spe.
ciai reasons why do not want 10 go there. Mr..
Gould was asked by the Marshal IL no was Mr..
Gould, but denying himself he said Mr.. Gould was
out OF town. MIR. Fisk rang q little bell in order to
have him tthe MarshaD put out. The story in the
newspapers Is all true, but there O good deal more
oil It 90 not want to go among those people,
MT Buckiey-We do not want TO be ti1ed by what
appears IN the newspapers.
The Master inquired II there was ANYBODY present
representing the Erie Railway Company upon whom
the request for the production OF the certificates ana
the book In question could be made,
Mr. Morgan replied that he would see Mr., Wander
poe, and he believed there would be no objection To
the production OF the books and papers required.
Mr. Southmayd-i want TO have the original mass
OF certificates anu the transfer book produced,
The further hearing was adjourned TO two O clock
on Thursday, the understanding being that Mr..
Coleman need not ATTEND on the adjourned ,lay tln.
less he was specially notified.
Another Of Fisk's SHIFTS Removed Inlo the
United stnfcs Court.
The case OF James Fisk, Jr. and Mortimer L.
Earle W.. Heath, Raphael and others, which had
been commenced In the State Court, ana in Which
suit Mr.. Charles Robinson mad been appointed re-
cever OF the stock alleged to he in the custody OF