The New York herald., 1873-09-16
Text of the Answers of the Defend
ants to the Complaint.
MoBlIERS TARRED WITH THE SAME BRUSH
Bushnell Made the scapegoat by All-What
He Says for Himself Tom Scott's Posi-
tion-Bold Answer of Charles H.
Nelson, James Brooks Son.
in-Law - The Govern
ment to Push the Suit
HARrroRp, Conn. Sent, Is. 1s7s.

HARTFORD, Conn.,, Sept. 15 1873.
The United States Circuit Court for the district
OF Connecticut sits in this city Tuesday the 10th
instant. The docket is "a long one and presents
one hundred and seventy-tve or so-deiendants in
the Credit Mobilier suit. Mr. Homer +. Perry,
senior counsel OF the government, has been In
town since rule day, the first Monday in Septem-
Der, arranging the preminaries, and, notwith-
standing the rumors that the suit would be
early abandoned by the government, i: looks now
as though 1t would be very strongly pushed.
There are between seventy and eighty motions
to dismiss now before the Court, mostly upon the
ground OF nonjursdiction, aud that plea is urged
with deal OF sincerity by large part OF the de.
enGants. 1t Is well to remember here some
IRREGULARITIES OF THE PROSECUTION.
Ordinarily person cannot be held to answer in
this court in case OF equity, except within his own
district. But by special act of Congress the At
torney General is instructed to do away with the
ordinary processes, to bring suit against all the
parties at the same time and place; and more
over by the same act the privileges OF bankruptcy
shall not be held to apply to these defendants.
There are thirty demurrers on file, all to the general
effect that the bill does not bring specific charges
against the defendant; that it wilfully joins his
name with others and other charges in which he is
not interested, and that the bill is altogether
multifarous Curtiss and Bartlett, OF Boston, will
appear for the defence in the general issue now
before the Court. 1t is not known, of course, what
particular paper will be taken up, but whatever 1t
Is, it WILL doubtless, go for test case. Judge Ben
tamin F. Curtiss will make
THE ARGUMENT on BEHALF OF THE DEFENCE
and Mr.. Homer f. Perry will appear for the gov
ernment. 1t is hardly to be supposed that any of
the demurrers or other replies will be allowed to
stand by the Court, but rather that the govern
ment will proceed to take evidence with a view TO
establish the bill. The defence are bound to make
desperate fight, and as both parties dip their
ladies' into the same dish-the United States
Treasury--they would seem to have about equal
chances OF winning, as far as the money is con.
cerned at least and the end IS not yet.
There are fifteen twenty answers, some or
which furnish interesting reading, although the re-
spondents are not inclined evidently, to tell all
they know. Tracy & Omsted, solicitors, New York.
send IN seven carefully worded, dOube-headed
documents. They first answer the bill ana then
make exception. John Plerpont Morgan is among
their clients He denies that he was financial
agent OF the Union Pacific Railroad Company, and
he also denies that he shared with Cornelius s.
Bushnell in any profits realized by himself or said
Cornelius $. Bushnell IN the sale or the supposed
bridge bonds mentioned in said bill OF complaint,
and he denies that he is in any wise accountable to
said company for any amount whatsoever.
e. s. Scranton Co.. defunct bankers OF New
Haven register denial In toto OF all allegations in
the bill, and the same Is true OF q few others.
THE DENIAL OF MR.. SAMUEL T. DANA.
Samuel T. Dana, OF Boston, finds himself in
trouble. Mr. Dana Is deserving OF pity. He is one
OF those who did it, but dia not mean to. He de.
MES the bill as against himself far, first, as the
various contracts are concerned; but, on the 25th
Of May he lent Oakes Ames $4,000, and as secur-
ity took 100 shares of Credit MOblier at $96 per
share. Before the four months were up he took
she stock and sold it to Josiah Bardwel, of Bos-
anr for fhro pHnttr nQnrc m AfAr
the use OF his $4,000 for iour months. Unfortu-
nstely for Mr. Mr., Dana he says the stock was
him to make the loan, ~ and it seems he did
atlng circumstance. however he states that all
dividends and profits which were declared on the
the 500 which G he pocketed@were paid % either to
Mr.. Bardwe or Mr.. Ames and now he thinks the
government ought to call it square with him. That
appears in the same handwriting and with the
same counsel rs Thomas A. Scott, to wit-Lewis
Sanders. Mr. Carnegie denies that, as director, he
assisted Bushnell in obtaining. certain bridge
bonds, but admits that he disposed Of the same for
Bushnell. Cornelius $. Bushnell will be reInem-
bered as the man who relieved the company Of
$25oo,ooo Of special bridge bonds at prices much
below the true value, as per the bill, and Andrew
Carnegie will be remembered as the man who dis
sets up that W it was his his regular W o'S business
to negotiate American securities abroad; that
be hut 1a e%po9sa no1aa s9 S wh s d
bonds on his own account and that he did it at his
regular charge Of Two PEI cent commission and
irregularities or fraud may have existed on the
part Of Bushnell towards the company, he himself
CORNELIUS BUSHNELL ANSWERS.
Mr.. Bushnell passes for an honest man among his
neighbOrs in New Haven, but he seems to have
dangerous weakness for government property. It
ting Mr.. Bushnell, or, what amounts to the same
thing, declaye that they cannot be Implicated with
appears in the bill rom one end to the other, and
In the tabular view of chicanery called Exhibit
was Ssner
Mr.. Buahnell was right there. Like Hanet's ghost
on the ground OF non-jurisdiction; he has
not 9s seen NJ, at o0 to an snswer yer and Of course
tssso-that is plead guilty; invovlng, as 1t does in
his case, untold thousands. There was but one
thing lett for him to do, and that thing he has DONE
He has demurred, and In language OF startling in
nOcence, II that expression be allowed Mr.. Bush
nell has been less conspicuous than some others
thus far in this unparalleled deacatlon; but from
me tone % Of the the as wen as 81 se b In
Ing before the matter is settled.
tom sCoTT's ANSWER
There are but two remaining answers which de-
est more on account OF the notorety OF the man
than any revelations therein made-Thomas A.
Scott, the man who is said to own the Pennsylva-
MIA Legislature. He has not as yet turned
States evidence, and If there is anything
70 PROVE lie UnlnkS ~ peiouBs W tHc
other side to prove 1t. Mr.. Scott reserves unto
himself all and all manner OF benefit OF exception
which can may be had or taken TO the many er-
rors, uncertainties and mperfections In said COM
Plainant's bill Of complaints, and answers as fol
iows-
fya-That on the sth day of. March A. d. 1871 this de-
wnaant was elected President OF the said the Union
IaclnS railroad Company, Of the defendants above
named and continued as such President until the 9th
DAY of March, a. ID. 1872
Sond-Ihat pre- vious to the time when this defendant
Pacific Railroad Comnany a hS % % "nt IN formcd
sold 70 w Bushne also OF the defendants herein,
yI,NupW OF lts bonds to provide for constructing q
Tninoaa pr,age Tor said company the Missouri
Third-Ihat on The Path day of February A. d. 1871 and
prior TO the time this defendant
said company there approved an ac ~ rnngross
entitled IAN act to authorize the Union PneiGc Raoad
Company 20 issue its bonds construct bridge
the Missouri River at Omaha, Neb, and Counci Buns
Iowa" by which IL was enacted aIio ,hat tor the
perfect connection OF any railroads that ire or shall
bac tod To kiuar -