New-York tribune., 1871-03-31
FIELD, FISK, BARNARD.
THE NORTH AMERICAN REVIEW ON THE
ERIE SCANDALS.

-, rn,arlos Francis Adams jf., il history of the
,voat hattie for tho possession Of the Albany and
Srsouebanna Railroad, giving few facts that arc
reoIlv new. but arranging the incidents in a clear
and connected narrative. The following extract
is description OF the proceedings at Albany on the
day of election for directors:
Every detail was arranged every person who was to
play part designated and carefully taught his role
Such the extreme caution used that hr Shearinhn
himself wrote out the appropriate resolutions, and in
dorsed upon them the order In which, and the very
second which, they were to be offered; while Mr. DAVID
Dudley Field personally handed certain of them to the
leading performers with further verbal instruction.
Early the next morning there took place one OF the most
remarkable comparisons OF watches record special
messenger visited the Dudley Observatory aud obtained
the exact time, which was by him COMMUNICATED 10
rather to all except the vulgar majority to whom time
of consequence they being hired by the day anu
constituting the fierce democracy OF the OCCASION nese
gentlemen arrived by the morning train from Newfork;
they were very singular party such as Is more ire
quenty In the neghb0rhoOd or the r0t0us eecuoh
precincts OF NewYOrk City than In the offices OF respect
able corporations breakfast was negotiated Tor them
which constituted admiral" Fiskss naval command,
at the saloon in the sa0n and there hey STOOD anu eu
at the counter as rough set OF patriots ever stuffed
ballot or h from the shoulder Some OF them had coats,
and had not; their clothes were In varOns Stages
shirts disclosed muscular breasts and roedup trousers,
stOckingess feet man saved himself tne trouDe vi
rolling both egs of his by having Onyone they
empatcaly belonged to that class technically known as
"roughs" class subsequently defined by witness as
Under the circumstance It was little wondered at
that while they INDUCED in square meal" the keeper
of the saloon gave directions to have his silver counted
Pending the feeding OF the democracy, their proxies
were in course preparations at last all was ready ana
between IL and IL O'Clock they were marched up
so strong TO the offices OF the Company -,
The Erie party, prominent among whom were mtssl, @
David Dudley Field, Thomas O. shearman, and James James
Fisk r took possession of the directors ro0m whlch
their assortment OF "NewYork stockholders Wen nlgn
PTnyn and their friends and advisers. Exactly at Is
minutes before II o'clock M SER s napts rs had
assigned, moved the organization OF the meetns
No opposition was encountered ana tne rem
for the part of Chairman was duly Installed me % %
indOrsed ." No l. Immediate was then recltu o{ oo'
North Mr. shearman standing at his Sde weh % nd IN % tbe
and the old inspectors were voted OUT OF once anu % y,
new ones The officers thus elected at once reIea "
the Treasurers room where me pol was IS @ 10 shear
man, still watch in hand; having SATISFIED nlnseh ' &
all was in readiness there this master OF ph and
mediatey returned TO the side OF Col, Nof', % fasi
resumed his comparison OF tmepieces' ,o ~ keen tS
Resolutions at little after u, ana nor
after -, but not more than 10 seconds WIN Ins p pd
ing Injunction he left the Colonel TO his own dece o
in IN line ~ find an Injunction served on those officials
IL was issued on the complaint of David Groesbeck, and
first voted on. Now at last was developed the entire
significance of the parte order under which MI WIZ
were $50 shares OF it Mr. Groesbeck had paid for sew
eral hundred Of them; he was at that very nonen. 10
the room he every ground bitterly OPpOreu
the Erie direction, and u the parody OF an eecohhe
in process; Mr.. william A. Fuller was the receiver OIL
tbe stock and was this receiver, now conveniently
standing at his elbow, that Mr. sheaman turned ana re-
arked An Injunction has been stTvea o he
2,4o0 shares which you noid are T,ns mia' an an
peaed to- Mr. Fuller m0desy replied that he had not III
tended vote at this election bus having Dcen ~
pointed receiver he deemed 1t his duty 10 do all in his
power to preserve the property and concluded MS sa
inent by giving reason for his vote that the uGhe
which he offered was composed of Of the highest
character and ability. whose election would best secure
the rights of all parties to the hgatlon M te oloso Vi
these remarks actually voted, and the curious spec
t1cle was exhibited OF court OF equity taking mans
stock away from him on the ground that 1t was lesay
issued and could not be voted on at an ala te & pd
ceeding vote on it ITSELF before the mans tce ana
against his wishes Viewed calmly ana after tno eHe,,
such proceeding strikes one chiefly as an extremely
dro joke. The climax OF the humotOus hOWsner % H Ms
not attained until some months later, when MT fuler
gravely stated in court that, receiver he considered
II his duty to vote stock without consuming the wSns
cever in this had yet received no remnnera
ton expected the regular fees, amounting 10 sooo
The second article Lawer and Client by hr' Albert
stickney covers in the same ground, but Is
chiefly occupied with an examination of the personal
responsibility OF Mr. David Dudley Field for the abuses
with which his name has been connected. We copy
few paragraphs
THE TwENTY-THIRDsTEER INJUNCTION.
This is perhaps nearest approach yet uie on inc
part OF the ordinary human being OF ne period 10 ON
niscence and omnpotence B1t now sr Is ts m oe no 0d
OF the telegraph and the writ at the 0thef emu. lo
can execute your VIII WIN {e % OIIsI & a. Wby not do
away altogether with the useless elements the eyl
denee ana the Grs@ r SE sa orns or may we have
wTits and orders signed IN blank Anong tbe re So
rous inventions OF the nineteenth century VIII be re-
corded that OF obtaining process OF court without ey
dence and executing process of court without having IT.
The name or the inventor Is unknOwn Dut tne glory vi
the Invention lies far yet appears between MI
Thomas G. shearman and Mr. David Dudley Field
Who will say, hereafter that law Is merely science
Bnt were these orders and writs signed in New
York; And were they signed anywhere on me days ol
their date Testimony was, during this ltlgation taken
in regard TO the circumstances under when these oraes
which were served in so extraordinary manner were
obtained. The testimony was very peculiar IL was
Mr. shearnan during these proceedings gave his tes-
tmony relation TO the obtaining the hr. order OF he
9Th Of August which appointed the receivers; Accord
ing this testimony, the first thing done TO MS khoW
eeiyers was done in the Treasurers office at Mr. Fsks
Grand Opera House. on the evening OF the Gth OF Augus
partner from the Treasurers order to procure
Mr. Justice Barnards signature ana TINS ps
than from 1920 10 1928 p M and TINS partner returned
with what purpored TO be Mr. Justice Barnards sigma
that he was Informed by Mr.. Fisk that Judge Barnard
at the house OF friend IN the nelghD3rn1soui;
Judge Barnards signature, nor Mr. James FISK, who Is
adee Barnard S Whereabouts, We're at any time pro
duced witnesses. Mr. Courier too one OF the recey-
reached Albany, he had no paper relating to
the receivershp in his possession; nor could
he swear that Fisk had the original order at the railroad
once ON that morning ths order, the place OF
which in space and time it is hard to determine be
r. nd not sppear in evidence that judge Barnard
in New-York all the 9th August IL ana appear III
evidence that he was in Poughkeepse as late as p ~
ON the evening OF that day The distance from Pough
keepsie to NewYOrk is about rs miles by rail the In
junction order of tho 9TH August even MI. shearmaa
swears was not In Albany when 1t was pretended
10 serve 10 there. The writ or assistance OF
the same day Mr.. Shearman swears, was not
i'm Albany when II was pretended TO execute 1t there
This writ OF assistance. Mr. shearman swears purports
have been granted by Judge Barnard sitting at spe
cia Term the Court House, and such was my nforna
tlon and belief" The order for leave to nile supple
mental complaint Mr.. ShcarInan sweafs, was made on
them IN the fnrt House, TIE minutes OF the especial
Term in the Court House" for the 18th Of August show
that this Special Term was held, not by MI justice