New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-03-07
FACTS FOR MIR. FIELD.
TIE FULLER STORY OF ERIE LITIGATION.
NO. I.

Nlhs III Elio correspondence WIN hlr.
Bowlcs, MI David Dudley Field has complained that
those who charge him with professional misconduct do
oct state any facts upon which base charges
propose to Ct forth the facts Of tgaons in which
MI Field has been engaged IL will be for the public TO
decide whether they justify the criticisms which have
been made upon his Conduct.
In his letter TO Mr. Bowlcs Of Dec 60 1870 Mr.. Field
saws: 81 was never consulted beforehand about any
transaction whatever Of these gentlemen Fisk, Gould,
etcl to which. 50 far as recoect any exception has
been taken"
LIT us consider the following proceedings and see
whether this statement is entirely correct:
Ina the summer OF 1862 Messrs Fisk Could and Others
wished 90 obtain control OF the Albany and susque-
hanna Railroad OF which Mr.. Ramsey was President
The election for Directors held Sept 7. There
two polls and Boards OF Directors were elected
tie Fisk Board and the Ramsey Board. A suit was
brought by the Attorney General TO determine which
Board legally chosen and this suit was tried before
Judge r. Darwin Smith Of the Supreme Court. at
Rochester. Nov. 29 1869. Judge Smith decided that
the Ramsey Board legally elected, and in his
opinion reported, Lansing, 500 gives account OF the
proceedings Of the Fisk party.
appears that In the Summer OF preparations be-
gan 10 he made by the Fisk and Ramsey interests for the
annual election. Several suits begun relation 20
the stock Of the Company in which suits Field Shear
the plaintiff, attorneys, aud it is these suits
10 which wish TO call attention Judge Smith finds tat
they not brought good faith hut for the purpose
o. faudulenty influencing the election The rstin point
OF time the suit Of Bush agt The Albany and susque
hanna Railroad ct al. Tho complaint alleged that Mr.
Ramsey, President OF the road had Illegally Issued
shares Of stock TO Groesbeck and others The
complaint % an material allegations on nforma-
ton and belief only hut this alone Judge Barnard, on
Aug. 4, 1862 by parfe order appointed Mr. W. j. A.
Fuller who had formerly been clerk in Mr. Fields
office receiver Of the 5000 shares Of stock and directed
him 20 take immediate possession thereof though no Gan
ger to the stock pretended alleged and the owners
thereof were men OF large means This proceeding
not only deprived the Ramsey party Of the votes
300 shares N stock which it appears by Judge Smiths
opinion was perfectly legal and valid but to make the
t0ke complete Fuller the Receiver, went 10 the stock
holders meeting and actually voted this stock for the
* ticket Mr. Sheann"l requested him so to vote, and
gave him the ticket 90 Doe voted and this done under
Tie very ewes Of Mr. Field. Fuller was appointed Re.
ccver OF the stock the ground that it roid and
vet he valid stock al election conducted
by the attorneys VINO procured him to be appointed.
In regard TO the appointment OF this Receiver Judge
Smith says: "The order must have been granted incau
tiousy and upon some mistake in oral representation or
statement Of the facts in the case in clear con-
fct with the laws and settled practice OF this Court
and agau As this stock thus clearly valid stock in
The hands the defendants eniOned in that suit and the
order for the appointment OF the Receiver was not war
rauted by the facts the prompt steps of the Receiver IN
getting possession of this scrip ne did from GroeS
beck Of 900 shares, by taxing with him sherifs officer
when he made the demand and explaining he nature Of
q ,rrii Of assistance iHtDGfHg IN ccct nat lie or the
Ocer had sch icr connected with the fact that he was
81 Albany on the saidseptember and voted on said 5000
shares al the Harris O poll, without any othertitie to
said stock or any transfer 10 him the books, OF the
ecrp would seem to the inference that that suit
was instituted for tie fraudulent purpose not only Of
getting possession Of this scrip, and preventing the
owners it from voting upon it. against the interest OF
the Fisk party, at the election, but also with the intent
actually to vote upon it valid stock in opposition to
the wishes OF its owners andn aid OF the objects and in
tere,ts Of Mr. Fisk and his associates, III carrying the
election Of his set of directors
Another suit was that Of Wilbur agt The Albany and
Blsquehanna Railroad Company, ana Ramsey & Ger
tain directors thereof in which Field shearn were
thcplanuGs' attorneys. In this suit Gnwhich rf'J
The formal allegations Of the complaint up. .--
nation and BELIEF upon the complaint alone JuD ar
nard by an q pqre order made Aug. 4, 1862 1acd
Iir Ramsey from acting as an officer Of the Copany'
and from interfering in its affairs the alleged ground
that he had issued stock at less than par and without
nsiIeration, and had refused to transfer stock.
On similar complaint Ton information and belief as to
all Allegations and misconduct the part OF the defend
antsl in a suit brought by AFRO Chase, by Field and
Fhearman Judge Barnard by er paTte order, on Aug
f. removed Ramsey from the Office Of President Of the
Railroad, and appointed Charles Courier and James
FISK, ir., Receivers.
There is a prevalent rumor that the circumstances
traordinary as the appointment itself The following
facts appear in evidence in judicial proceeding, and
NAY therefore be taken as true:
These Receivers were appointed on the evening OF
hugCls59 On thar day, Judge Barnard was at Poueh-
keepsie, and the following Geographic communication
took place:
t. GioRGr g. BARNARD, Poug1teepsie Matters post
ro,ed 10y O'GOrnau To- Monday next tOth' dl bI,.l'A
y. tight, How is your motherf JAMES H. COLEMAN
NJ PoraHKErrs1E. Aug. c. 81 pm.
ToJ II. COLEMAN, No.'9 Nassau-st, NewiYorF; Very
3paidaa
Ion. q. C.. BArxAaD Poushkeepsie: Come to Scw-York
y hou fl Tonight Answer care 10. 55J "e, I"cnty-
I5D. II. F.sk's pass, $50.
dispatch sent upon James Fisk,jr's pas7 No.
$50 West Twenty thrd-st is and then was, the house Of
Mrs Mansfield, where Nh. Fisk was frequent visitor
5gJaMfs H. COLEMAN. care No $50 West Twenty third
70 COL So '' '-'''' SUM - G. g. BARNARD.
Considering the extraordinary circumstances under
which he was sent for and willing 10 leave home let
r. moi be said chat Judge Barnard was not the fayOrite
Judge Of these ugauts. 1t further appears that Judge
BARNARD did come to New-York at that evening,
and at some time between 1870 and 1925 signed the
II arte order appointing Fisk and Courier Receivers
M ehcarman Mr.. Fields partner estes, in relation
thereto that at about 1920 p. N. OF that day, at
F,,ks Grand Opera House, he gave to Mr. ster
linz. one of the firm of Field & Sherman, the
order for the appointment Of the Receivers, that
he might procure Judge Barnard's signature to
It; that Mr. Sterling was gone not to exceed Is
Minutes and brought back the order signed that he
sbearIuanl was informed by James Fisk jr, on that
evening that Judge Barnard was at the time when MI
sterling took out the order for signature visiting at the
house of one Of his friends in the neighoorhood OF the
Grand opera House. -.,--,
Being asked to give any knowledge information be,
lief. or suspicion as 70 the name OF tnat HleiI ana
Int in fine neighborhood Judge Barnard was
it,pg him or her" he answered: "As TO the name l