The New York herald., 1871-12-02
The Notorious Trio Still Trying Their Quar.
rel in Court to The Exclusion Of
Public Business
rEr surE2zssED l-gEzaS.
fsss Charged With Malicious Prosecution,
ssThe, Mansfield with Blackmailing
and Stokes with Embezzlement.
MOTION 10 CONTINUE THE INJUNCTEcN

Tne FISK .MansaeidStokes case, which has been
before the pubhc IL 50 many waEs-one more re.
pssiye Ia character tRan the other-that the whole
ching aas necome disgusting TO all righl-mni ed
citizens save, Of course, the lawyers ani tho
parties themselves, the latter, douot, glory nc IN
TN loteriety they are attaining In consequence,
was again up yesterday before Judge Brady IN
Sc IRENE Court, Chambers.
Amer some preliminary business proceedings the
Fsk-Maus6eu-Stokes case was called ON. None OF
the parties n6gaGt, save stokes, was present, ana
he sat throughout the proceedings behind his
counsel Mr. SHEPPARD, he beng also in close
pTola1y 10 Mr. Samuel G. Courtney, counsel Tor
Mrs. Mansfield. The FISK cause as ably repro.
tented ~ the persons of Ex-Governor Lowe OF
Maryland end ox-Judge Beach. Stokes was repre-
sen;ec by Mr. Snopsard, while Mr Courtney was on
hand 10 render all necessary legal aid 10 the ialr
lil.gant Mansfield.
Ne mnst be known TO ail was originally brought by
Fisk Jr., 60 restrain stokes and NaDs6el9 from pub
fishing certain letters written 10y him 10 Mansfield,
aud which were supposed 10 be at the time 10 the
hands or Stokes witn the alleged purpose of using
the same IL the mutual interest OF Stokes anu Mans
seid In backmalIng process against FISK. A
temporary injunction was granted, ana IL was on q
motion 10 continue that Injunction that the case
came up yesterday
Al eleven O'Clock Ex-Governor Lowe, OF counsel
for Mr. fsg opened the case. Judge ETsdy re.
lurel him 10 give the contengs OF his papers.
He explained thai ca the -9Gh OF Apr, 1871, there
were several suits between Mr. Stokes ana Mr. Fisk
and that Ca tnat aay All arbitration was agreed 10
which included the surrender Wy Mr. stokes OF cer-
tain letters 10 MIS- Mansfield and Of an a1davlg aud
menlcrand1D made 10y her as u condition precedent
20 tie arbitration; that IN recent proceeding since
discontinued, these acdayits were, contrary TO the
a II u
ing the same statement, ana tnis salt was brought
&c restrain their publication ana TO compel the
surrender oil sacn papers.
Mr.. BCCELEY's AFFIDAVIT
vas tic nrst read. II set out the proceedings
whlen led 60 the settlement, among them sun
against STOKES Tor embezzlenent OF Erie funds aod
salts against FISK for malicious prosecution and
libel MIR Buckley set out tue Eay IL which tie settle
Ecnt and arbitration was brought about originally
through casual meeting between STOKES aau him.
SELL tnen being counsel for MIR. Fisk, anu Mr.
Clarence A. Seward, which led 10 other interviews
sDd nual agreement TO take Mr. seward as .lrbt-
na1or 10 sertle all the differences between FISK
and Stokes; that Stokes himself brought
sne submission 10 arbitration prepared by MIR.
IucSley ana interlined oy Stokes In pencil
III Seward TO be COPIED. lie read these
Adicayits OF Mr. Seward and Mr. Buckley to
Contradict stokes allegation tina. those gentlemen
had eniralped him under sort OF aaress mo this
arrangement. Ar. s0eeny ana Governor Holman
were among tie aroitrators proposed, ana Mr.
Seward was Stokes suggestion. Mr.. Buckley states
In these a1idavits he desired to suppress these
pa ers, as tnelr publication would pe
4 GREAT PrBLTc SCANDAL.
Nj. fisk would not listen 10 any arrangement ex.
rept on this condition, and the letters aud papers
were given up ana sent 10 Mr.. sWeeny. whom Er.
s;okes wished should nave them. Mr.. buckley
States posltlveJ tAat stokes understood the object
ci tbis agreement 10 De the Surrender OF these
papers, mir. Seward confirms the statements OF Mr..
buckley so far as he Is concerned, and adds that
when stokes ana fisk met, Stokes suggested ar.
Sweely IS arbitrator, Iisk sugges ed Mr. Hoffman,
enc some suggesting that ihuse gentlemen i ould
Lot act stokes tuned ronnd and proposed 10 take Mr.
Seward, and persisted IN his selection, nutwitn-
etAncing Mr.. seward's own objection, tnat as ne
hau been employed as cculsei on some ucca ions
fof The tte lIatGay there might be some question
o. ns acton hir. seward gives the deail OF the
proceedings before him on the aroltrailon-that ne
suggested TO mir. STOKES 10 employ counsel, hut Mr.
stOkes declined, and neither parry was represented
kae. anything Of the settlement or the OIL conro-
rersy-,ne nlst cause oi dispute between the par.
meeting mcnuonedby Mr. Buckley.
he DENIES MOST POSITIVELY
e1d Eatly several other statements OF Stokes In his
snldavit as TO conversations With and remarks by
hun. he says that stokes gave his wore as a rem.
aeaan ,nat ne mad kept no copies OF ihe papers
elven np and had gwen up all the papers. And
when lr. Buckley suggested the taking OF an am
IaVH ne Dad said he tholght u unnecessary, Mr..
ss0kes lavIpg gwen his word as gentleman.
Nj, LOWE was proceeding TO read
Ex-JupoE FuLLRRroNs AFFIDAVIT,
when III, SHEPARD said he should object 10 that
aflcavii. as Well to Air. snafer's, Us taey were
lonnsel ior MIR. stoke, and these afldavs revealed
matters obtained as COUNSEL ana 10 Mr. Morgan,s
sfDfaut ana Mr.. RlnghaIn's AFFIDAVIT because
late. - -
Ar. OWE stated that ike Mr.. seward's afldayIt
nr. Fullerton AMI Mr. shaier's afiidavns were OBJ
refused 10 answer questions as TO matters that oc.
carred whlie ne was counsel. The same thing ap-
plled 10 mir. Saafer
MI. Fullerton deposition was then read by which
appeared that Mr. Fullerton bad Withdrawn as
Iool as Mr.. Stokes agreed 10 an arbitration Stokes
tter tnal told INN he mad accepted Mr.. Seward,
kno Slng MN 10 nave been one OF fls6's counsel
ara ASKED MI Fullerton what hr. sewarG's cnar.
ecer was, 10 which AT. Fullerton answered that he
was on upreiit, Honorable man.
", Skaters al,eavlt is distinct mat wr. Stokes
suggested MI. Elai ence A. seward as an ARBITRATOR
hoRgsE'S AFFIDAvII.
MI Morgan, one OF Mr.. Fisk's counsel, states that
DIT stones came 10 him, aud stating that he Hncyy
fhat Mr. fisk aesled the surrenuer oi rhe pspers in
Mrs Mansields hands, I've suggested the desira-
arrange that Mr.. sweeny be arbitrator. Mr.. Mor-
gn uIther states loat on the LIST OF Juy ne took the
btoAes; tuat Stokes aeLeu II is Would be release
o. ali Ms Claims against FISK. Mr. Morgan answered
{es. STOKES asked for time. Mr. Morgan came
baca aboUt two hours later when Stokes
BEAANbED Az INTERVIEW WITH FISK.
wa a,yse y ns sye a s 1 On ,ne waY nc saii ne
ca Mnca fisk would give hun the Erie Railway and
ihs opera hOuSe.
Sokes, N speaking 10 Fisk, said ne was dlssatis.
ned WIN tue award, and risk said he was dissatis-
Ied. stokes nhaiy took tue money; bu going
ANY ne saiu ne would not he responsible for the
~ Mr Ellgham's aridavit In some respects confirmed
hicnard +. Kings afndavit already published in
read ny Governor Lowe
Judge BEACH offered 70 read = portion or Mrs.
hahsuelu's examination In The same proceeding
tnt Judge Brady suggested that II could only be
proper IN reOutLal.
ron TIE pEFBNCB
Mr SHBPARD, iof the defendants, claimed mat the
award bad ncthing 10 DO with ths case. II lt had
n was void on iis lace aud when that auesiion yss
properly before the Court u would be so declared