The New York herald., 1871-03-26
TEE ERIE RAILWAY LITIGATION.
THE ENGLISH STOCKHOLDERS.
Jay Gould Puts in an Appearance The Receiver
ship of Messrs. Coleman and Robinson.


TIE case Of James Fisk Jr., and the Erie Rail.
way Company VS.. Heath and Raphael came up again
In the United States Circuit Court yesterday, before
Judge Blatchford.
Mr.. Evarts and Mr.. Southmayd appeared for the
English shareholders. Heath and Raphael; Mr.. r.
c. Buckley and Mr.. Clarence Seward for Mr.. j. u.
Coleman the receiver appointed in the State Court,
OF the 5000 shares of Erie stock claimed by the
English shareholders, and Mr. A. J. Vanderpoel for
Mr.. Robinson, who has also been appointed re-
ceiver OF the stock in question, and who has pre-
sented petition to the United States Circuit Court
asking instructions from Judge Blatchford, as Mr..
Coleman has done.
Judge Batchford, addres sing the counsel engaged
in the case said that an order obtained from him
was returnabie to-day. He had granted another
order, and ordered papers TO be filed on another
petition. at Mr. Fullerton's suggestion. He said he
obliged 10 go away to Virginia last night, and
therefore, he Judge Blatchford) thought 1t better
that this matter should stand over I'LL next Satur-
day, when he would hear all the motions together.
Mr. Buckley said IT was his desire that this should
be done.
Mr.. Evarts id-The matter upon Mr. Colemans
petition was before Judge Cardozo this morning. II
was mentioned to him by Mr.. Seward, and Judge
Cardozo desired that the case should stand over
until Thursday nextto awaithis Honor Judge Batch
ford's) decision. Mr.. yanderpoel represented Mr..
Robinson, the receiver, order returnabe this
morning made In the matter OF Coleman in the suit
OF Fisk and the others who were joined IN what
was called the Yellow Covered suit. Mr.. Swan was
the only defendant whose name was transferred
here, showing the time and date OF the
transfer, which would bring the case into this court
on the first day of next term. The AFFIDAVIT OF Mr.
EUo sfo tcl uhaf m ha ~ No
has no interest OF any kind whatever in the stock,
and II was not alleged he had any interest in it. He
was made party defendant, being here; but it ap
peared he had applied TO the Court for the removal
because he had been served with the papers, He
was an Englishman, and wished to have his case
disposed OF in this court he (Mr. Evarts) did not
care to have any discussion upon the matter to-day
and would consent to Its going over to Saturday
next.
Judge Blatchford-f understood something was
intended to be done which would not render 1t neces-
sary for me to decide the matter.
MIR. Evarts-Something may be done so that no
conflict may arise between the State court and this
court The State court has no disposition to pro-
ceed with the case except subject to your Honor's
decision But we DO not present any subject that is
left in the State court.
Judge Blatchford-l put the case over TO this day
in the hope that something might be done to prevent
q decision.
Mr.. Evarts-The rights OF these parties must be
ascertained, unless MIR. Coleman gives back the
stock.
Mr.. Buckley-The reason why the matter was not
disposed OF in the State court was from circum-
stances entirely beyond the control OF the parties
1t was intended and believed that such action would
be taken In the State court on Thursday as would
place the action or bOth courts in entire harmony
Iapprehend that the action OF the State court viii
be such as to place your Honor IN position to
will relieve Mr.. Coleman and also relieve Mr.. Robin.
son, who has petitoned the Court for instructions.
give Mr.. Coleman are those contained in the order
have already made. There was something about
Mr.. Coleman's bond ! have not got copy Of that
bond.
Mr.. Buckley-I was told that copy Of the bond
was sent to your Honor on Tuesday last.
Mr.. Buckley-Then my information Is net correct.
Judge Batchford-I do not know what it is am
to decide. Mr.. Coleman asks for instructions. 1
point on which could instruct him IN the order l
have issued. He thinks that he might get INTO
trouble about the bond he has given.
Mr.. Evarts remarked that as Mr. Buckley sug-
gested it might be that the whole control would
this court by the State court, he might ask IL
there were any other instructions TO Mr.. Coleman
JUDGE s BatchforIa am ID dsposed to- nd,y tho
order to let the reference proceed before MIR.
White the Master, and let both motions go on.
MIR. White can 90 with the reference on Monday.
Mr.. Buckley-lf the reference Is to 20 on under
the direction Of the Court should like it to be fixed
for Tuesday, as on Monday l shall be engaged In
Judge Blatchford-That is matter which the
Master will regulate.
Mr.. Buckley-As to that bond, shall see that your
Honor gets copy Of IL.
The petition or Mr.. Robinson, the receiver. was
then adjourned till saturday.
Judge Batchiord-1t seems to me that all this is
for deay-applicatlOns and motions OF all kinds.
Mr.. Buckley-That Is q matter with which Mr.
Coleman has nothing to do.
Mr.. Evarts-We want to get back the stock to
which we are entitled. We must not lose sight Of
the fact that the OF this stock nave had It
taken away from them and want it restored.
In reply to Mr. Buckley Judge Blatchford said he
could not decide the case until he got copy OF Mr.
Coleman's bond.
The further hearing Of the case was then ad.
journed.