New-York tribune., 1872-04-10


break with burglars tools gunpowdcr the safc oi
the ConnaHy. containing fsecuyitics 10 the auOunt of
many millions; and It was broken open. Directly
nard appeared In public bar-room Ia the eity
gave q huaoro3s a,an aec9ant amid tss hnghisr
caused by lis order, concluding his faectous
narrative with the declaration that he "hOi
wonid drive ont another" The Company did eavo ths
State ard open It's Offices IN Boston was proved with
cut radction tat The exploits when had 50 amused
the Judge aud his barroO audience ha1 caused loss
o $5cooc9 to the Compny tat "a ~ rs Des ,se ,nS as
they would be located her, but for the iecnZ OF Iose
curIty ed by the reputation o. the courts here
TIE GOLD EXCHANGE BANK cAsys
g. Tic famous Black Friday" OF the gold conspiracy
CT James Fisk Jay Could and others, occurred Sept g.
1902 The Gold Exchange Bank tie clcating house
OF the transactions at e. Gold Exchange Which on that
day amounted 20 several hundred Dlions on dollars
On fie 2Jth OF september le' on an "ilc2i'ion ,
ciemilY proved that the hank was nsoYcnt sn iIeSe
creditor "a broker OF the brokers Of Gould, tsk an1
cI Ptr ana obalned q" ofSer lOF receiver, uu.I .hc
o. ute authorizing the dis oiuion OF insoycn corpora
creditors The assumed insolvency being the ground OF
tie Jurisdiction OF the receivershp. tie Cour. had 40
aui Ory by law 90 make any but equal distribution
of its assets within ten days after The appointment OF
the receiver on complaint which alleges that the bank
several millions OF dollars which Il Is unable 90
pay" the Judge made an order entitled IN three suits IN
Dch tie receiver had been appointed, requiring
xcnt obout sIG oo fo tbp br5ers on Goald e Psk and
otaers. the amount OF 1900 900, and u tho re-
ceiyer $4,000, to his counsel and partner 5000,
and various other large sums to Other lawyers.
No notice was given 10 the Other creditors Of tao
bank, and there was no evidence that anything more
than nominal sum would be lett to pay the several
millions" of Indebtedness alleged In the com aint. ~
distribution to these favored creditors and the onolccJ
allowance made TO tie receiver, In violation OF tnc
express provision of the statute governing the cases.
The Justification OF the Illegal scts' set up L. that mo
Plaintiffs IN the three creditors suits in which tie
order made (dnd who received nothingl
and the officers Of the bank consented TO the o.
der But tle bank was suspended ana IN tue bands OF
receiver. IL not perceived how tie pants IN three
creditors suits for small amounts, could consent away
the rights or creditors to tle amount OF seVern
Millions" for whose equal payment the Court held the
lund under tue statute The oieeI of tue Bsnk testhe
that tie consent Was wrung IRON tnem by Gould qua
Fisk. through tho agency OF the Court and that they
Stockholders believing that they eould not obtain their
rights against the influence with the Court OF he power
fact perfectly oly n and yielded To the duress TO get
out OF the clutches OF the receiver and resume ts bus
that fact not the basis Of order I proved,
aud not couradiced That this raid OF Gould, Fisk, and
100000 10 100000 in the space OF about 30 days.
TIE COLEMAN RECEIvERsnIP.
Ia suit OF Fisk and others against the foreign hold.
OF Erie stock, Injunction granted, pdrte.
restraining all registration and transfers Of the stock OF
foreign owners and appointing Coleman receiver Of all
that stock and he instantly seized stock of tho
par value Of upward OF sl00Co0c0 TO grayamtn
OF the action was that Heath and Raphael were
pledge not to vote against the Fisk and Gould
was proper, and that Heath ana Raphael intended 10
vote on the stock against those directors The rjunc-
Classification act not until October, and
then for only three out directors Coleman.
and Fisk directors He caused to be transferred to
emiS but sSG''e 10 abort reSs Sst s d
plus stock issued for it to himself, aud had
It. registered IN =, his n own nGa nsm qe cSn
which dissolved the injunction, and ordered The
which the orcer was mace by the United states Circuit
aborive attempt was made TO discontinue the sur anu
TO discontinue was at once made apparent. Within
hour another partc order made by Judge Barnard
stantialiy the same grounds the other), appoint
Ing one Robinson receiver OF the same stock. It
friend OF the Judge the keeper Of the Eric catteyards
the river who had his desk in tho offices Of the
il was said the Judge had borrowed to lend to Coleman
proved by an an ts emISdt Sa os Tyf6 the aaaed eaed
purpose to misuse the stock TO yote on against tue
Fisk and Gould Board could have been prevented b.
an mi unccn without receiver In our Judgment, ii IL
clear that made or either an injunction or
receiver An eminent banker tcs ied that he had sent
large amount OF Erie stock, he held for foreign own
ers out or country because OF the general drust
OF the Courts It aid NOT appear in the complaint at
single share OF the stock VI which Coleman vas APP
pointed receiver.
g. In another case IL was shown that receiver Of
heaier property applied to the Court for eaye to lease
responsible party, with ample security, Tor much
larger sum. Tue Judge, ON the application OF proes.
eiOual fayOrlte ordered the 10 DC lho
smaller sum, TO the receivers nephew whereby those
Interested the estate lost from S2j0oo TO $4,000 the
difference IN the rent. 1le General ierm ana Court OF
Appeals decided that the order had been hnpiopery
SOME or cARDoZos MIsDEEDs.
The enormty Of one case complete, and the facts
I'm SO small compass any possible out Of tho
question the Committee may well fear that crelcnoo
will be refused TO the statement OF IT, porssnal and
professional friend on bond Ia s269 9rt OF psnt o.
nard an order pdre at once erjOining all
the operations and appointing receiver and
manager Of rairoad oyer soS miles N iehgtn repre-
three Western States at an Immediate decline on the
AVERAGE OF per cent or over s2ooUO from %hich the
mere commencement Of suit against Judge Samuel
Nelson terminated the blacklDailing attempt.
Another proved against Justice Cardozo was the
rcceiyershp Of the Mercantile Fire Insurance Company,
which granted By him after the Chicago lro
The only ground which this receivership was ever
pretended 10 he upheld the ground Of insol-
vency And the facts appearing By the unoontradicted
man named owens presented himself on the after
OF the 30th day OF October lsI at the office OF
ing il they had any shares in certain insurance com
panes which reported 10 have suffered heavy losses
ten shares OF the stock OF the Mercantile Fire insurance
Company. He asked II purchase could be made u
not he asked the price. came ne next inonnG' the
sls about 1890 o'clock Bought the ten shares Paid
ferred him the Companys books at II O'Clock III,
and about o'clock OF the same day, a Receiver aI-
take possession Of all the property of tho Com
pany, with certihed copy, OF tie order OF
original petition has the name OF the petitioner The num-
ber of shares held by him. aud his residence all ed in
tion. The petition covers less than two pages OF legal
p ssp II b does not feh1n my Ga on wns,9ser m @
that the Company not inSoveDt No other ground
for the appointment of receiver pretended
decree of dissolution OF the corporation and asks no
Ief but the appointment OK arecelyer Ana this rcisf