New-York tribune., 1872-07-02

made was made without color OF law right that the
said Attendant derived large gains and pronts
to wit $4,000 and upward, the exact amount WneTeo ~
to this plaintiff unknown, aud all OF WhFh, win lhteI
est should be accounted tor and pald over 10 inc
GoUIp's FLIGHT AND AIS CONSEQUENCES.
Sepenih That in consequence Of the fraudulent acts
horeiDbefore FORTH and OF certain eA proceedings
Instituted against defendant and others, by reason
thepeor the said defendant fed from the jurisdiction of
this State 20 the State OF GewJersey where together
with his confedeSates, he remained for many weeks to
the entire neglect of duties such director and 10
the prejudice of plaintiffs interests ineurring very
great expense ~ various ways entirely enconnected
with the legitimate business Of the plaintiff amounting
is informed and believes over 100000 part Of which
has ever accounted for paid by the defendant 10
the plaintiff. ...
Eiaah That in consequence of the frsnduent acts
herenbeore mentioned and of the said defendant SnS
the jurisdiction of the courts OF THIS Sae IN orucr
evRde the processes thereof the said defendant was
exposed TO active and harassng legal proceedings Ihen
on foot, and to other legal proceedings and ~D & Tow
10 escape from the consequences 0i ms shlu
aud Illegal uses and dispositions oi the p1nt u;
and stocks the defendant applied 10 the egs VI
the State then in session for tue passage VI Ucr' a.
various ways in and about the procurement OF the pass
of such validating acts, and, among other tnsgs 4r
the purpose Of bribery and corruption ihe ssiu eoe
ant frauduenty msapped and expended of tho moneys
OF the plaintiff in his possession IN mis- judiciary cspacy
officer OF the company very large sum Oh MONEY,
to wit as the plaintiff is informed and believes. over
OO0o part of which has ever been aeeOuhfu io
Which was in violation OF the plaintiffs lights and Of the
defendants duty as such director as aforesaid
MORE FRAUDULENT BONDS.
Yiul In addition the convertible bonds ana st"tA
hereinbefore mentioned, the said defendant between
the st day of August 1865 the 1st day OF February
1871 issued or caused 10 issued, in violation OF law,
fraudulenty and for the purpose of cheating and
defraudng this plaintiff OF the proceeds thereof so
called convertible bonds 10 the amount In the aggregate
the par thereof, OF S3SOOOO when sad Dods were
frauduently and without the color OF law or rght, py
the said defendant converted into capital STOCK OF the
nIainti All of which capital stock then and there
after sold by the said defendant ana me proceeds
1 ,1,1aVf and
appropriated his own use, with the exception OF
shares amounting. at par thereof, to 100000 which
capital stock accounted Tor at some time
10 the plaintiff at the nominal value OF about 2 cents
the dollar OF the par value thereof and that with ths
rendered the said Company of the proceedings OF the
said bonds and stock, or any payment MADE OF s9eh
proceeds but the balance has been rauduenty ana ds
honestly embezzed and appropriated by the SAID de-
TeH That on or about the 9Th day OF July lsss the
defendant received from the plaintiff under the audu
lent and false pretense that the same was
of the plaintiffs legal expenses, and fraudulenty mlSap
piled 10 his own use and that OF his SSo
any account rendered therefor.
eoULps DEALINGS WITH VANDERBILT.
Flepenth That on or about the 9th day Of July s 1t
became necessary to the personal security OF the Au
defendant and others Of his confederates ana 10 ehSpe
them TO return TO the jurisdiction OF this STATE 10 COM
romse and settle certain suits then on FOOT IN one OF
which Frank Work was plaintiff and in another of which
Richard sche was plaintiff and one or more otners rs m m
All OF which Cornelius Vanderbilt was supposed 70 pe
certain confederates raudulenty agreed 10 and did
nav 10 the said Vanderbilt, IN cash., ior ms
IssTe of tSe stock Of the pant by the said
defendant and others, as hereinoefore stated slOoOO
Of the said Vanderbilt $4,000 shares Of the said capital
stock at roc the dollar OF the par vaqe tneLe9 anu
Hartford and Erie Railroad Company, IN law ifaudu
leny caused to be IN form but not arr M ca oS s
the fdm t6e said Vanderbit as herein alleged
fter SOLD
certain confederates, and no account OF the the
% sale rsSderSd o t5o the pant or any payment
made ON account thereof, except TO the extent OF
$1,000 s9S eSaE 9S as alleged fiat in a
dition TO the hereinbefore IN this paragraph men
TONED, and for the same purpose the sad deienaan
frauduently took misapplied, and mlsappropnated
S5OOO the plaintiffs money to the settlement OF some
pretended claim Of the said Richard Scne growing ous
of the defendants fraudulent issue Of the bonds and
stock sad Company herenbetore referred TO- ana
annroprated 100000 or of the money Of the plain
m to the satisfaction OF ceIt9n PRETENDED cais Oh @ one 10
Henry Thompson and Peter b. sweeny, growing OUT Oh
the fraudulent acts of the sald III 6nS PIe%Se %
as against the plaintiff had any legal foundation What
ever the defendant well knew - l. o...,.. ,o,o
TIrelh: That at the annual election IN october 1863
and among Others by the expenditure OF the money OF
sn paused to be elected the following named persons
directors of the plaintiff that is to say Jay Gould
Peter b. sweeny, Daniel S. Miller, jr., Alexander s
Diven, George NJ. Diven, Homer Ramsde John Hilton
George NJ Groves John Ganscn, Charles 5. SissOn o. W.
Chapman, j. c. Bancroft Davis, Henry Thompson, and
william b. skdmore; and Immediately therealter the sald
Gould was elected President having, in the first instance
caused the said directors each to sign paper wherein
thew OF them pledged themselves either TO sup
mort the policy OF the Gould to resign their offices
as such directors, and thereafter ana during an the ue
that the said Gould continued to be the President Of the
plaintiff the Board of Directors Of the plaintiff per.
formed duties such touching the management OF
the plaintiffs affairs leaving the sole management and
conduct thereof the said defendant and his eonfed-
crates who constituted what was called the Executive
Committee OF the Board
CHARGES OF TMBFZZLFMENT.
Thirteenth: That from time to time. while the said de-
fendant was President and Treasurer of the plaintiff
he said defendant having also been Treasurer during
he whole period of his Presidency the said defendant
in violation of his duty, and IN fraud OF the plaintiffs
rights ezzled and msapped large sums OF money.
amounting from time TO time, and at different times to
many hundred thousand dollars. but the exact amount
whereof is TO the plaintiff Unknown TO his own private
and purposes. OF the sums SO misappied by the
defendant large portion was from time to time used IN
extensive specuations in stocks ana although the pn
cipa sum OF the moneys In this paragraph mennoned
may have been returned to the treasury OF tee Corn ON
pany from time 10 time yet no account OF such use ana
msappcaon was ever rendered an ana h% interest OF
1869 and the SOh day Of January 1870 the said defend
his own use 39S bonds OF 81 900 each Of the said Boston
Hartford and Ere Railroad Company the property Of
the Dlantf and rendered account thereof, OF
proceeds thereof TO the plaintiff That the bonds so
trauduenty misapproprated by the sald defendant 10
on the dollar and part of the bonds purporng 10
he guaranteed, as aforesaid by the Erie Railway COM
P""'' VARIOUS DOUBTFUL TRANSACTIONS.
Fifteenth: That, in the month OF September, 1868, the
plaintiff was the owner of a large and valuable real
estate situated in the township of Unon in the county
OF Hudson in the of New Jersey the legal title TO
which stood in the name OF the defendant individually
The said property, together with the improvements
thereon the 1s day OF February 1870 had cost the
plaintiff s52OOO in cash. exclusive OF the mortgages on
the premises, subject TO which the property was
Originally purchased the amount OF $4,000, and
at the date last mentioned the said property was worth
subject the said mortgages as paintih informed
and believes s7760O nevertheless the said defendant
agreed TO sell, and did SELL to company known as The
National StOckYards Company, TO some person or
persons for the benefit Of said company the said prop
~ the NJ and Plaintiff