The New York herald., 1874-12-03
THE ERIE RAILWAY INJUNCTION.

the application In the suit brought by John @.
Angel against the Erie Railway Company for the
appointment OF q receiver to take charge Of GER
tain certificates, bonds and stocks OF the company,
came up for argument yesterday before Judge
Westbrook In Supreme Court, Chambers, ON the
order to show cause why such receiver should not
be appointed. Meantime the matter had become
q little mixed through Judge Westbrook modify
ing the Injunction given when the application for
such order was made. Tho array OF counsel on
both sides-Messrs. william O. Barrett ex-Judge
Fullerton and John A. Hill appearing for Mr.. An
gen. and Messrs. Macfarland and ex-Judge Ship
man representing the Erie Railway Company
gave promise OF one Of the. old field days
SO memorable in the early days Of the Erie
Railway litigation. The argument, however.
turned out to be comparatively DrieI as win be
seen BY the subjoined report though With q
family prospective glimmering OF possible definite
results In the far future.
''May 1t please Your Honor" said MIR. Macfar
land in his usual deeply sonorous tones, when Mr..
Barrett quickly to his feet, saying zone word
first, II you pleaseW The latter then went on to
say that his attention had been called to the an
davits on which the Injunction granted in this
case have been modified. This Injunction, as His
Honor would recolect, was obtained on applica-
tion made by himself and mis- associate. Mr.. HILL
In the afidavit OF Mr.. Jewett he found the follow
ang statement
This deponent distinctly alleges and charges from
fact. within bis personal inowledge wen on inior
faith that the said pana has no INT whatever
he
said a the Is said Il.
Tor the bened or protection Of Erie Railway Com
ySeS cue and
s q an md Rs sns
Ing the financial affairs Of the company and that the
na pesed ss s
to the objects and purposes Of me said
II want to make statement,a interrupted
Judge Westbrook at the conclusion OF the read
iunction order, and IN the modification referred
70 that allegation. did not, however, act ON that
Allegation, but on others which the aldavit con-
tanned Thought It only just to you and your as
,sociates to say tnat think YOU gave me the con-
tents OF your papers very fairly.n -
here sir, characterize that statement IN the an
.davtt as false, don't care by whom made; and,
belief, ] characterize that information as iase.
stated the facts fairy as could and my partner
went over them fairy and explicitly ny;nsr e,n,o,r
that did not act upon the supposltion that you
had misled me at all. ! acted upon the supposi-
ing in the hands OF bona fde holders they ought
not be enJoined from paving the interest to such
persons. That is the ground on which acted.
Mr.. Macfarand-l do not stand here to-day nor
have hitherto attempted to make any charges
against the attorneys VINO have seen ft to con-
duct these proceedings IN the manner in which
fhey have. the time may come wnen may deem
It my duty to speak, and when do then the gen
teman may, II he wishes. spell out rom my mean
ing any inuendoes he wishes. am not here
either to make charges or disclaim any interpre-
tatton the gentleman may see dt TO put upon the
afidavits. hold in my hand, sir, mass Of illegi.
BILE press copy: 1t Was document served
past pUH six A anu DssSe seven ociock. on Monday
evening. 1t Is the only document that has been
served in this proceeding upon either the i Erie
persons connected with II. This document was
served at the hour ! mention IN direct violation
and for the best reasons IN regard TO this kind OF
stun [holding up the tlegipe copyl II Is SUFFICIENT
for to say in this connection That, lOr the only
Information which we have hitherto obtained as
30 what Is probably contained In this document
sSs so eos %s ee
anything in this proceeding characterized, as you
have seen In Mr.. Jewetvs afidayit, and Justly
characterized. a. / think we shall be able to
sa0T; s remarkable now person claiming = %
An this railway company, compared with the vast
interests OF other people VINO are not moving be,
the company, comes before you for most singu-
far and extraoEdinary reason ana WIN sineusa,
1eW o ee nature and Of this
ter, and that It may be once for all disposed OF,
shat It Is much more proper that the Court may
would, that the motion may De Disposed OF upon
IT'S substantial merits TO appoint referee to take
be met 81 opposing a1hdavits am therefore
here to-day to move that IN the exercise OF your
Jurisdiction you will Rrant order to take testt
mOny before o referee IN this matter. We are
ready to proceed with q reference instantly.
Judge Westbr0ok-I ought 70 state further, 10
making the order II was desirable TO give you the
earliest opportunity possible to argue the motion
also suggested to the counsel that II further tlms
was desired IL should be given.
Mr. Macfarland-We noticed the care you eo0l
10 make the order returnabe quickly, and were
grateful for II, tor 10 Is OF the greatest moment
Nc that this matter should be speedily and enec
fualy disposed OF
Mr., HILL certainly win be permitted to remark
IN reply to the suggestions OF my adversary, nrst
IN regard to the character OF the papers. You
Honor VIII recolect that we applied to you for tn.
Injunction about ten O'CLOCK and very soon aftel
news was received OF the death OF Mayor Have
meyer, when Your Honor adjourned Chambers
could copy them, and the only copy that was II
existence was served upon +. Duncan as soon ate
she order had been obtained from you as IL cOul,
be done, myself experimenting 10. In regard t,
the legibity OF the papers, beyond the rule OF tn
Court upon the subject OF serving press copies
I have only to say TINS My friends seem to hav
understood the contents OF the papers wei
enough, and Messrs. Jewett and Duncan under
stood the contents well enough to make al
called our Honor's attention TO, and upon whic
they were enabled TO understand the order SUI
nctenty to apply TO Your Honor Tor modification
OF It, But submit that before this matter zoe
to q reference or before any iurther step Is takeI
In tue matter that their papers, at least creaun
an issue upon the ailidavits which have been SUI
mittcd by Mr.. Angel should be presented here, q
that we may know the Issues upon which we ar,