New-York tribune., 1871-03-24

,,t of Mfr Flax and his associates In carrying thc
,or, - The Judge does not believe mat the voting Oh
rpllor was caused by the Injunction "Ihe suif 'dS m
,',. roy mai purpose" The appointment of Fisk and
- t,occiyers is called q fraudulent proceeding"
~ q, ,d 10 have been applied for and procured In
order 10 affect the election or the injunction upon
Hand &C. the Judge says:
The procuring keeping back he Injunction and serving at
stated, obvious and Destined
[ an tbe great body the kholers l. cannot be considered
sr as scheme conyel anl devised take unfair and
improper advantage Of the stockholders not in the interest Of Fisk in
rsspec 10 the conduct Of the elections"
The intention thus being TO the injunction just
n tbe election was beginning, it does not palliate the
oensc of those who concocted the plot that Ramsey
accidentally suspected II two hours before the election.
II is untrue that any action begun by the Ramsey
party prior to the morning Of the election indicates
that they knew of the plan.
or the arrest of Ramsey and the time OF ts service,
Judge smith says: "I must have been procured to lie
used-s IL used the day of electionn aid Of the
fraudulent purposes of Mr. Fisk and hs associates Il
could have had other purpose than to hinder and
embarTass Ramsey and his friends, and prevent them
from participating in the Stockholders meeting, and
possibly in the election" Read the Judges opinion and
what he thinks about the excuses and pretenses
urged in Mr. Fields letter And independently of his
opinion, does 1t likely that the service OF the In
junction upon Hand &c, and the order of arrest
Ramsey &c. could both have taken place, just as the
election was beginning by dccident2 In regard to the
latter it was not returnable until Oct l. Could the
Sheriff have supposed that Ramsey aud Smith, promi
citizens of Albany, likely to abscond, so that
the possibility of their arrest depended on their beng
seized Just at that moment such suggestion is pre-
posterOus
must insist here that Mr.. Fields statement, that he
did not come to the door and Ramsey after his
arrest not The weight Of evidence is decidedly
against him. Mr.. Ramsey, Mr.. Henry Smith, and Mr. j.
PierpOnt Morgan, who all present authorize me To
say that MI Field did to the door and address Ram
| Aud a fIp
SIr Smith, in summing up charged Mr. Field with this
conduct and the latter although he replied did not
deny it.
And Mr.. Fields pretense that he and Mr.. shearman
consented to Ramseys giving ineligible bail is equally
untrue. Mr.. Ramseys bail were Mr. David
Groesbcck who is worth more than million
dollars land householder which is all that the code
requres and Mr.. ]. Pcrpont Morgan who IS a man
Of large means and freehOder And Mr. George Clarke
who one the largest landhOders in the state was
present and offered himself, but not needed. The
Sheriff would not have dared to refuse such bail He
would have subjected himself to the scverest penalties
by so doing No thanks were due to Mr. Field that Ram
scy &C. we're released IN time to TO the election And
in fact the attorneys had nothing 10 say about what bail
the Sheriff should accept in the first instance 1t was
matter for him alone.
THE $4,000 FEE.
As to the $4,000 fee paid Mr. Field for coming TO the
election am authorized 10y the Hon. Henry Smith Of
come until Fisk 6c had placed $4,000 to his credit in
New York. and ho was notified of it. Mr. Field also told
this same story in the presence Of eminent lawyer
late Judge the Court of Appeals who is absent from
the city, and whom have not been able to reach In
order TO obtain permission to use his name.
As to the allegation that Fisk filed tue room with
roughs, Mr. Field does not denyL He merely says he
was not responsible for it,
MIR. FIELDS RESPONSIBILITY.
With characteristic disngenuousncss, Mr Fied seeks
to break the of the charges by saying that Judge
Smith does not denounce all the Fisk proceedings
fraudulent But ne did thus describe a the proceedings
which / mentioned as causes of complaint against Mr.
Field as will he by reference to the extracts from
his opinion in my first letter. 1t is idle for Mr. Field to
talk Of msstatemeuts There is the language taken from
the official report Let him point out the errors II any
There are As proof that stated the effect and
purpor of Judge Smiths decision fairly, hear what
Judge Samuel Selden of the foremost lawyers OF the
State and Referee appointed to fix the extra allow
| ance. says: "As the defendants Vlsk. Could eteJ
against whom the judgment of the Court has been gwen
in this case, haze been eonricted Of conspiracy ana
frqud ora rey gross character" This Is what lac con
sidered Judge Smiths decision to mean Though he was
not called upon and did not into the evidence or
say whether the Judges conclusions were right or
wrong) and ne reported in favor OF an allowance OF
$4,000 in order fully to indemnify the railroad against
! these waDton attacks
Those who choose TO take the Judgment of Court rather
|
been fully heard by that Court before judgment rem
dered, must believe that suits and proceedings men
toned are fraudulent. and reiteraons OF the same
arguments or frantic denals, will alter this belief Field
d shearnan brought the suits. These men are
| not of such innocent and simple natures
that Fisk could procure them to bring
divers SUITS and time the service OF arrests and iniunc
tons and yet keep from them the intention Of the pro
ccedngs and make them believe that they were bona
de tigaOns Mr. Fisk has at least the merit OF being
couFa geOus and outspOken offender and when he con
templates fraud by Of series Of judicial pro
ccedngs he is not the to seek to impose on his at
torneys as to his motives, any than hs attorneys
are the men to imposed No will believe that
Field & sherman did not know Of all the wickedness
there was in these suits. And when sits down to
plan these fraudulent suits he does not consult the sub
ordinates among his attorneys; he consults the head
man, Mr. David Dudley Field, who always appears in
defend these judicial enormtes after they are
done. -
Barnard signed the order appointing Fisk Receiver But
this was a part OF a general programme tas Judge
Smith hnds to get possession Of the road Be
fore IL entered into we may be sure that the
general plan laid and all these suits planned and
that Mr. Field, either directly or through his partners
gave the assistance Of his genius to the scheme. And he
does deny that he advised the bringing OF the suit to
arrest Ramsey At the Delavan House, the evening be-
fore the election Mr.. Field present with Fisk and
others ldlkg over tne pas IOT lhc next dtl but part O
these plans being the removal OF Ramsey from the election
by arresng him just it began and the service Of the
Hand injunction AT the last minute and the packing Of
the with roughs, could it be possible that these
| matters should have been mentioned and that
they should have escaped the knowledge of like
| Mr. Field
But it is idle to discuss whether Mr. Field knew OF each
particular order. Admit that he knew nothing Of the
susquehanna controversy until he arrived in Albany
the night OF August o. He at adopted all these suits
and their fruits, defended them in Court received his
share OF the fees paid his firm for them or he de