New-York tribune., 1871-03-28
TIE COURTS.
AN ERIE WATERLOO.


TuF ERIE RAILWAY AGAINST COMMODORE VAN
DERBTLT-THE S4000,000 sUIT-yERDICT FOR
VANDERBILT.
The suit brought by the Erie Railway Com
pany against Cornelius Vanderbilt to recover about
OOO concluded yesterday Judge Barnard CIV
ing Judgment for the defendants. The action was
brought to the money and property paid TO Com
modore Vanderbilt III July 1863 upon the settlement Oh
the Erie ltigations OF that year. The claim was for
81 600 OOO paid to him In money, bonus for getting
the suits against the Erie Company discontinued, and
for the resembling OF the contract by which Vanderbilt
made the Company buy $4,000 shares OF Erie stock at so
a share receiving for It s25OOooo in cash, and 25OOO0
worth OF the bonds OF the Boston, Hartford,
and Erie Railway Company. The trial was
beUn before Judge Barnard in November,
1862 and when it about half finished was postponed
because Mr. Field was obliged go to Rochester to at
tend the trial OF another II has been before
Judge Barnard several times since about 1000 foos or
testimony having been taken and several arguments had
When the plaintiffs rested their case some months ago.
it adjourned at the request Of defendants counsel
for them TO make their proofs. motion for nonsuit
having denied. Judge Barnard then holding that
the plaintiffs had made ont a case by their evidence.
Yesterday the case was again up, before Judge Bar
nard in the Supervisors in the new Court House.
David Dudley Field appearing for the plaintiff, and
John A. Beach and Noah Davis for the defendant.
Mr. Beach first read those portions Of the deposition OF
Commodore Vanderbilt which were not read Dy Mr req
s evidence on his part Mr. Beach recalled in Dehaf OF
the defendants, Daniel Drew, who testified; .o.,,.
@ You were At the settlement at MI Ils1rtpont;
house spoken by Mr. Fisk and Mr. Gould III their evil
A. You had had in New-Jersey bonds or the proceeds
of bonds belonging TO the Erie Railway Company in your
O. Bonds or money OF the Erie Railway Company A.
O. Did YOU in that interview at Mr.. Pierrepout. tell
Mr. or on @ Of fy sss bonds whS Ss might
into money going TO give Commodore Wander
Do @ Did You deliver any money belonging to the Eric
Railway Company into the hands OF Commodore Wander
O. Did YOU purpose at any time to do soi A. Never.
q Did you say at any time that you intended 10 10 SO
O. At the interview at Mr. pierrepont's house did Mr.
Fisk ask what the motive OF that interview wss
did ne ask YOU what under heaven you we're arranging
them for anything IN subtance 20 that ehecti op
O Upon that occasion did Mr.. Fisk ask you in words
or substance "what under heaven you were arrangn ng
those suts for A. No, sir; mt remember that he
MD he upon that occasion tell you In words or sub
that there were members the Board who strong
ly objected any settlements A. doh recohec' 'na'
o. Did Won at the time tell him that you'had been talk
Ing with the Commodore but did not seem to arrive az
satisfactory resolution tfas nat you nct au No Sir
do MT remember any such conversational uoht thlhA
there nd g ya @ tell him az that time that theyhat you
and those proposing setement-had majority OF the
Hoard and would carry through the Boardi A. No. sr;
"a Did Mr. Fisk upon that occasion tell you that he
haS been lighting this settlement for sx or seven
months, or anything to that ehecti a. No. s' uon
O. Did he tell you this in substance this " Yoq
know that for nine weeks while L was In Jersey
scsrceIv took off my clothes to keep this money from
beng stolen, and cannot any reason Why we Sho
not eht that position we fought in jersey
Wben we fought against all OF them to prevent TINS
money from being taken out IN any shape vi i1i"'i
'o DJ Won on that occasion to Mr.. Fisk, with
tears your eyes and ask him m II he would hO'
TO the settlementi A. oh, No. Sir , ,o, o,o
a Mr. Fisk
70 him and he speaks thus in regard to you "The @ on
Gentleman was a little weakened; he went on 10 @ dell
Shat he had suffered during his pilgrimage IN New W.
Jersey" Did any such thing happenI lOJeeteu h J;
talk at all; don't remember IT, ~ ~, o o
"a Crosse xamnation by Mr.. FieldQ What did you go
tp'a from he President Mr. Eldridge did not know
when went there what the meeting was LOT; du hoo
AoT usd von no idn what il was fori A. Well he sent
me note meet him there ana AFTER got 4,
40; oe,oiS NJ SIR can't say that I had no, had
no idea what II was for only to meet MI EIuse anu
some of the other people there. ....,
O. who were the other people you were TO mee'i A.
sohe ~ "a, snnnose all tho Directors notified.
8. Do you suppose all of them we're nounedf A.
20 Who did you suppose were not notified a: ana
moi know bu they were all notified did not know any
thing about that until got there , And, think
| 1h66mnson and Eldridge there | know MI. FISK
and Mr. Goi came there some little time ar'er We so'
am net asking you that A. You asked me who was
|
there ,,, h., ,,o, ,ound there A.
VIII T. ionnd Mr. Edrdge there and Mr. Thompson
when got here, think. 1t is 80 long ago doh IT,
~ n nr rou remember anybody else but Thompson ana
IfrJeei A. remember every one was tnere' anu '"i
Fisk came there. hodv a,se when you got there
an, those two personst A. declare don reihel' h M
her there were others there, thhk 'neio u'' H''
been Rut YOU don't remember one of themi A. No;
don % Won remember what anybody said at that meet
,S hefnse Gould and Fisk came In A. lrehenlDer tht
Mr EI,ridge had proposition TO makea vi
| this u hole matter-these law SUITS anu aii tni'
Al Nnw remember that a les
S MD he read Il from q paper or state u veroay
Y don't remember whether he reau III rom paPer',
Inow he stated that amount, and Know oiesieo W i'
and stated that would not agree 10 any suen 1ine
am I'M ~ an h amount for setlementf A. NO, said
WI ~ Yon said YOU would mott A. Yes ,-,
| * what amount did he state he had agreed upon
A. THAT don't remember now. ,,, ,.o.o,
o. Don't YOU know how many dollarsI n. IL was sew
" hnd,ed thousand dollars TO settle all these suits
a. Ia whom were the several hundred tnousahu uoliIs
70 6e paid did he sayi A think MT Scheh WAS 10 re-
| celve a certain amount - .,o, nor.or than NJ,
o. Was any to be paid 10 any Oth.r person ,nan MI
scheni A. Yes. to the receiver; 'nA ne WIS W SC
oe' o 'hDybody eisei A. can't remember know tfe
amount Tns snaeh that you don't remember telling him
y I'M ,snt" :. Won said you would not agree TO any
| sueh Thngi A. I did at first. -,
M hid you finally agree IA uf A. wen, 1toid hr.
thst n the directors would all agres< II,
majority or them, supposed would nave 70 DO II
4, su oS them or a majority Of them-because yon have
ms nssd both expressons-whch did you say ! A. don't
H.u aax AAd you boon together before Gould aud