New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-03-07

and by ~ o'clock it was dcnsely packed. And
tbint !, Ia clearly established that Of the persons
40 giing and occupying said room, rom 90 20 GO AZ
least were imported. came or Weie nIopkhl ueie non
o Cit nj York who not stockholders In said
Crr,nany many Of whom Wercoi rough. low class OF
men. sHSn I6r 9 The ronehs and lighting men OF that city
Tbcsc men came together In railroad car, aud arrived
AZ cnIiyoed and taken TO the said room under the
lead OF men confessedly acting in the employ OF Mr.
they might vote TIE counsel for lf. FISK drOwcd on
he trial at all rird rOce votes that might be taken IN the
meeting. tIhe counsel spoken OF Il Mr.. David Dudley
These men were then taken to another restaurant
by, kept by joseph Clinton, to De furnished with
proxies. lie describes them follows: 'They were
common laboring men-some Of them dressed roughly
and better. There were men in shirt sleeves
with blue shirts and oyerssome had their coats under
their arms, and some had no coats
"The whole eV1dencciupon this point. think fully es-
tahises that this rOO at ami about ~ o'clock was 50
fully packed with this description of msn, with conduct
on the Erie Road and other agents and retancrs,
employees OF Mr.. Fisk persons under his control
acting in his interest, together with other persons,
prisug stockholders friendly 10 Mr. Fisk, and others act
ing in concert with him, utterly 10 exclude large
portion OF the stockholders attending and entitled 70
take part IN socfhOders meeting, at that hour, from
access 10 that room, ana preclude them from an open
ree and fair and safe participation in the proceedings
OF such meeting. Tie importation and crowd
ing into a small room Of such class of men
as I have described, and furnishing them with
proxies that they might participate IN the proceed
ings Of such meeting and in the election after
ward gross perycrsion and abuse OF the right to
vote by proxy, and clear infringement OF the rights OF
the bDHG-fde stockholders of the COmpanytendng, If
such proceedings cuunienauccd and allowed by the
Courts 20 convert corporation meetings into places of
disorder. awesncss, AMI not and II * doubtless due
considering the temper OF the parties 20 the Vigilance Of
the Albany police, that this meeting did not end with
violence and bloOdshed.
pou the whole evidence upon this branch Of the ease
IhiRk an bound 10 DHd as matter O foct mat Here Uds
precOHccUcd scheme, combination, or conSprqcg 10
curry the election Of Directors oDpontd 10 DC hcd ~ e
time and dee aforesaid, bg hc Use ana gOuse y tega
process and proceedings and bB EFFORTS Gd c0HtrdBcc
prcret air election Of inspectors al sockhCders
sycctors elected ia 1ss. DTocrcd used. and serrd as
Gbore stated cith the c0HcUTng pre0ccupdfioH 81 the
room where slch meetiHg 10 be held. oih ch num-
Der persons as utterly Precsudedd Jree ana jar mefy
for such purpose
This is a case which requires but little comment
Judge Smith begin, his opinion BY stating that the
legality Of the election Of the Fisk Board contested
on the trial on the ground that e scheme
spracy through the form Of election for minority
Of the stockholders of tine corporation TO obtain control
of said railroad by James Fisk r jay Gould, and others
acting in with Them and in fraud Of the just
rights OF the stockholders holding majority Of the stock
Of said Company" After going on and specifying the
various pieces Of fraud ana carlcterizng them above
shown he finds matter of fact and Of law, that the
election hcldby Harris. Bush, and Oliver UAe FISK In
speCtor5 therefore OCULAR fraudulent and yoid
thus finding the truth of the claim made by the Ramsey
party and stated IN the opening of his opinion Judge
smith IS q Judge whose ability and integrity no one has
ever ycntured 70 question Does Mr. Field do 50 HnOt
his conclusions Of law aud fact Will be taken con
elusive until reversed Mr.. Field may say they are
erroneous and have been appealed from. Ths is So ana
the appeal Is still undetermined But until this judgment
is reversed, and this opinion modified the public VIII
take the opinion Of Judge Smith conclusive II Mr.
Field can impeach his integrity, let him do Upon
all questions OF guilt innocence, those who do not
have the opportunity 10 examine the facts FOR them
selves accept the Judgment Of competent Court which
has tried the case and it viii be here, and those who
read the evidence can to other conclusion than
that arrived at by the Judge These outrages being
proved, was Mr. Field party 20 them! We have seen
that all these suits which Judge Smith pronounccs
fraudulent were conducted by Field and Sherman.
Mr. D. d. Field in his letter 10 THE TRIBUNE of January
81 1870 three times speaks of Field and Shearman as his
partners His Office is with them, and Mr. Dudley Field
is his son. M sherman the trial al Rochester te--
tnes that Mr. D. d. Field is his partner. MI Dudley
Field speaks OF his father his senior partner
Even if no direct connection with, and participation IN,
these suits and proceedings by Mr. D. d. Field were
shown vet only the law but the common Of all
mankind prcsumes that knows OF, asscnts 10, and
approves the acts OF his partners, and h, ID held re-
spOnsblc for them.
We're these isolated and unmportant proceedings
Il might be imagined that they not known 20 all
the members Of the firm which acted attorneys there
in But this fight was a bitter and severe one The
suits and proceedings connected with il important
and notorious and extended period Of consider
able length Mt d. d. Field always appears the lead
ing counsel OF Fisk whenever anything Is 10 be done n
Court and his advice was considered important that
he was sent for to he election. Under these
circumstances might fairly rest upon the presumption
that e acts and suits Of which Judge Smith speaks and
VIII p hc finds to be a part Of a concerted scheme 20
ca. the election fraudueuy could not have been UNI
known 70 Mr. d. d. Field. II seems insult 70 the un-
derstanding OF 10 say that such thing could be
possible But he did not know Of these things az the
time he has at least known OF them for more than year.
and no signs OF diapproyal h4vo appeared and De- sun
tho rim IA len
alone as sudl ,ently damaging 90 M Fields reputation.
1t is Of course possible that mans partners may be
guilty OF moral and legal misconduct without his know
agit But il is for him TO show 10, and strong proof viii
D g required.
But the proof connecting Mr.. D. D. Field directly
with these proceedings strong that we need not rely
on the presumption derived from partner hip.
He Was present az the stockhoiJer' meeting
on September 7. He came there in company with
Mr. Fisk and the two were Immediately followed into
the room by the EIuZcd ruins brought mp by Fisk
Mr Field acted throughout this meeting az thc legal
adviser Of Mr Fisk. lie came over nom socshrd-o TO
take part m IT, aud he cxacted in advance and received.
fee Of $1,000 for th, special service Tie Gd not moan
10 do this kind Of work FOR nothing The voting OF Flcr
on the Grocsbeck stock took place under his eyes was
present with the Fisk party a the Deayan House the night
before the election consulting with and counseng Them
and he took part in preparing the resolutions for thc
election Of inspectors in the place Of Hand, &C. which
election and the suppression until the last moment OF
the Injunction which rendered 70 necessary Judge Smith
finds to be part OF the plot TO carry the election fraudu-
lenty Mr. Field gave these resolutions IN his room,
10 the person who was TO offer them.
When Fisk and Co Irter were appointed Receivers IN
the way above detailed Mr. Field is shown 10 have
driven with them to the Albany depot within minutes
after their appointment Could no have done this and
vet been ignorant Of what had just preceded II the
Field mentioned by Ensign in his testimony were Nj.
Dudley Field contrary TO the designation used through
ont the trial. then the question Will be- why Mr.. Field
continues his connection with such associatesi
In regard to the suit In tho OF the Albany and
susouchanna Railroad Company, in which Ramsey aud
Smith were arrested which suit Judge Smith finds that