The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-10-10
MEHELAUs FISK m COURT.
The stokea-Fisk Combat Renewed Astounding
Revelations Promised.


The news that the celebrated case Of Edward 8.
stokes against James Fisk. Jr.. was TO come up for
trial before Judge Ingraham, In the Supreme Court
Chambers, yesterday. made large crowd assemble
ct an early hour many Of whom were present ct the
Ingerso trial and had waited for the rich and racy
disclosures which It WAS expected would come up,
duplicating many Of the leaders Of the
Tammany Ring as aiders and abestors In the al
legged swindling IN the Erie Railway Company In
conjunction with these Tammany Ring leaders 1t
was limited that certain notorious railway fnan-
cier whose character has been fruitful theme for
writers upon the press for some time
past would be involved In very dIsagreeable
manner in the frauds ON the stockholders,
amounting altogether to the almost Incredible sum
OF $50.0o0,o00 About a dozen Of the leading law
yers who have been prominent in Erie lingatiOns
for the past two years were present. and seemed
much excited about tine issue to be presented before
Judge lngraham, who came into Court without the
slightest excitement upon his calm and quiet
features. When he sat down there was a great
buzz In the Court, and those In the back
part Of the room took forward sprlDg and
ondeavOred to get nearer the lawyers who, for the
millions involved in this wonderful case, talked in
very low tone. Bets were offered In the court
room that the affldavlts would never be read and
that the case would be quashed These bets were
offered by members Of the Tammany Ring and pro-
minent snecure holders DAVID Dudley
Field and W. A. Beach-the latter appear
ing for the redoubtable Fisk--attxacted q good
deal Of attention from the spectators. Mr.. Beach,
who u commonly, but erroneousiy, Known 40
"yudgen Black. Is the counsel for Richard B. Con-
molly IN the "Ring' frauds Mr.. Black Is venera-
bic looking gentleman OF sixty yeaSs Of ago there
abouts, wearing high collar and with few scant
hairs on the back OF his head. Luther r Marsh ap-
peared for Edward 8. Stokes, who sat back on
char In an easy attitude. Mr.. Stokes,
who has been the cause OF terrible anguish
to Impresario Fisk for the last TWO years. Is dark
eyed and elegant looking gentleman, and was at
tired in the most fashionable manner. He carried
light cane, which ne swung careessly to and fro
and exhibited an immense diamond pin, regarding
the Judge meanwhile with keen glance.
Luther r. Marsh is q lawyer with large head and
an expansive BRAIN his HAIR slightly inclined to be
gray, and having altogether very solid, legal look.
the beautiful Mrs. Josephine Mansfield who Is the
principal witness In the case and who was expected
to be present. was not In the Court and much
disappointment was felt BY tine spectators that this
lady, who has become so famous In connection with
the Erie squabbes, did not appear.
When Judge Ingraham called the case OF Stokes
VS.. Fisk dead silence reigned In the Court, and q
pin might have been heard to drop on the noor.
Fisk and Stokes had been partners oil refinery
and . break up had occurred which has resulted In
long litigation. The affair had been given to an ar
bitrator to decide (and 1t rumored to have rejected
dscreditably on his decison). This motion was
made to set aside the decision OF the arbitrator
as fraudulent. Mr.. Stokes yesterday came
into Court with these afidavits which covered
about sixty closely written sheets Of legal foolscap
paper. In these papers large number Of letters
from James Fisk Jr, dated at the olce OF the Erie
Railway Company, corner OF Twenty-third street
and Eighth avenue, are said to be included. Men
whose names have been banded about for the past
two months in the public press as being
guilty Of enormous frauds on the city treasury
here appear in very bad light 1t was the
good fortune Of HERALD reporter. especially de-
tailed for the purpose, to be allowed TO examine
these astounding afldavits some four or five weeks
ago, and what he saw at that time made him ina
CINE that an honest man would be prize for the
Erie Railway stockholders to secure, at any price, to
manage their AFFAIRS.
The SANDER case was on the docket, but counsel
for DEFENDANT FISK. moved that the case stand over
for ten days. and that In the meantime counsel on
either side be advised by the Court not to
PUBLISH THE AFFIDAvITs
In the case or any portion OF them.
Mr.. BEACH, counsel for defendant, said:-May 1t
please Your Honor, have respectfully to ask that
them private examination, for the purpose or dis
posing u the motion now made
TO SUPPRESS THKN.
Mr.. MARSH, counsel for platinum said I'VE assent
to that We have refused motion TO show cause
since we came into Court, but nothing definite has
been stated or presented for to 20 upon We have
had no opportunity furnished US to treat the case
properly. II the case Is TO be heard by Your Honor
we assent that the afi1davft be heard under the
order. The other motion win STAND over subject to
the order Of the Court.
Mr.. BEACH-We agree Your Honor, to this dispo-
sitlon Of the case; but we would submit to Your
Honor the proprety, agreed TO also, believe, by
the other side, that the anidav1Cs IN the case
SHOULD NOT Blk PUBLISHED.
so far as they have become records.
Judge MGRAHAM-While the papers remain 10
my possession shall see tnat they small be pub
lisned.
Mr.. MARsH-we agree, Your Honor.
Mr.. BEACH said that The order oil the Court was
peculiarly necessary IN this case, account OF the
scandalous matter contained In the afidavits; but
he would 90 further, and move that the scandalous
matter referred 70 be stricken out as In the case Of
Opdyke against Marble Is Abbot, page 376.
The COURr-Let counsel keep the affidavIts in the
case till the matter is heard on wednesday week, to