, 1874-01-13
THE PENNSYLVANIA COMPANY.


THE PENNSYLVANIA COMPANY.
Conclusion of tic Argtanlcmts.--Tlle
HInttcr Tnf1cn Untlor Atlyisonlent.
Tho closing arguments on tho motion for a
now trial iii tho Pennsylvania Railroad case. was
lnade yesterday by z. a. storrs, counsel for
the plaintiff, iu tho United Statos Circuit Court.
before Judges Drummond and Dlodgott. The
expectation Of something both solid md spicy,
induced very largo attendance, mainly n1ado
up Of members of tic legal profession.
Mr. s!orrs began by saying that tho counsel
OH the other aide lind introduced vast amount
of matter extranoous to the questions at isHuo.
Various dopostions were excluded from evidence
IN tho first trial, and, III support Of tile motion
for d now one, 1t was proper that these doposi-
tions should now be presented. It was not true
as Mr.. Smith had stated, TINT Mossrs. Il. III.
Allcrton and John B. Sherman occupied tho
Same portion that they did when
tho leaae was signed. Then they were at 1borty
to ugo their influence for tho benefit Of tho
Pennsylvania Railroad Bnco that timo tnoy
had boen identified With other nterests-A. II.
Allorton with tho Now York Central and Shcr-
man with the Eric Road. 1t was il!e to call
theirs {coupsol for tho. other slao) Il statomens
it the fncts lad tile smallpox. their statements
would not catch it.
III tho first place, the defendant pleaded per-
themselves to bo parties to the lease. snddouly
. light broke III upon them. After a day had
been sct for trial tho application tor permission
to file plea Of non est factum was brought up,
argued, and granted. This WIS O curious step,
and compel!cda rocastiug of tho case. When it
came to trial, they found themselves unablo to
provo performance, md they reHortod to tho
other plea. It wnH mol o trinl which was then
had It was merely an experiment.
Mr. Storrs claimed that the defendants woro
eatoppel ou two grouuds-lrst, by the record,
and, second, by whnt was known as equitable
tie Now York court, Wherein an explicit aver
mont was male tllat a. N. Allcrtou aud john o..
Liberty yards; that, in consideration Of an un-
Outstanding that they wore to be partuera, aud
responsible for tho fulfl'snent Of tho tor,ns Of
the lease, lie Railroad Company made q deduc-
ton OF $4,000 d year in tho rontal. 1iu1nnn
language could not bo stronger than that to
show their partnership in tho lease. Tho lncon-
aistoncy was shameless md incxcusable. Tloro
was perjury Mt one end OF tho route or at the
ties to the lease; III 1874 they sworo thnt thoy
wero not,-now, which vas true? It was undo
ninblo that a. II. Allerton and Sherman repro
eontod to the Ponusylvania Company that they
selves bouud to uso tLolr iutluonco lu tie
manner prescribed in the lease: It there was
even case Of equitable eatoppel, that caao wus
one. Where wo,o these honorable gentlemen
to-day,--theso paragonB OF fairnesHf Ono OF
them sat upon his oily throne Of steers, aud
looked down complaccntly when ho ought to be-
chokol by his falsoloods. II tho poa Of non
est tactum was truo, thon these gentlemen aro
guilty. not only OF perjury, but Of committing
| perjury IN aa attempt to lob and plHudor their
| partners.
III reference to tho question OF partnership,
| 11r. StorrB submitted tllat a firm na1no WAS
! moro entionality,-t4A 1aine Il mark, tho
portrait Of President, Venetian inscription
anything winch might bo dreamed Of or Thought
Of. was Hs,itable for q firm nanlo. This, he be
lioyod, WIS conceded, was also the point that
partner WIS bound by tho signature of CO.
parlaor III case OF previous asEont Or Subsequent
ratification. 1t was ido to Hay tint A. A. Aller
ton and Sherman wore not partuors moment
bofore, but wore partners nlomout after the
execution OF the Lease. The reason why their
namos did not appour was because they desired
| to ooncoal tro1n the general public the knowl-
| edge OF thoir connection with tho concern. 1t
was admitted that theio waa pnrtnershlp, but
tho question was, When did It begin WASH QUO
OF those fadirg partnerships, which Que reached
out to touch, only to find onos Aanl full OF air
By reference to tho record Of tho Now York litl-
CATION It was Heon tlat tho 1lrln was fully orgal-
lxea botore tho lease was executed. Tho COM
platut IN that suit said that a. H. Abortion aud
"uuA - 6AeEul@Il - ulu lease, etc., Ill ACcQru-
ance With an agreement TINT they were to ho re-
sponBiblc as partners tor tho fnidl!ment OF tho
terms OF tho lease. Sherman testified that they
| made condition TINT the lease should be 1nado
| ont III tho natlso OF u. w. Abortion.
In reply to q question by judge Drulnmont,
| air. storrB stated Lis position to be- That, by
! previous agreement, the namo signed 70 tho
IeAao was The firm name agreed upon by tho part
lsers aud that 1t was competent to Introduce this
fact ~ evidence to bind d! tho partners to full
I'LL tue conditions imposed by the instrument, M
VOL ~ to show That partnership existed, and
tl'at tho naMe slgned to the lease was tho firm
| naMo.
Judge Dr,mrnond sald It might bo difficult to
follow tliH theory to the extont Of admitting or
| triuso proof to aE,ow what tho Healed iustru-
mont dld not purport to sot forth.
AIR storra proceeded to argue tho adnlssi-
bllity Of such proof, urging that it would Ii, this
liability Of oil tho partnors to perform tho cove
1lauts III this loase. The great ossenta' quos-
tion i'll tho oasc, after all, WIS q question OF
| fact, which, once established, tho dofonso went
! TO pieces. Tho testimony was at hand, and all
that was necessary waH jury to receive It, 10th
6des wore practlcnlly agreed ns TO the law OF tho
oaAoi all TINT WIS now noodod to reach u COLI
upon the Bench.
hfr, hwott. associate counsel for tho plaintilf,
hero "took the bat" ~ Mr.. Storrs exprcssol It,
mud read the testimony OF nlr. Howard, Solicitor
Of tho Pennsylvania Company. aud Of y. ".
Allorton, given on tho previous trial, ThiB oc-
oNplod considerable time. md wllun MIR, Swott
had concluded, bfr. Stows rosunlod Ills argu-
mc!t, laying cspocial strcss upon tue question &f
faut tho determination OF which, ho urged,
bhon'd 70 to q jury.
Tie Court announced that decision would tc
rendered elthcr Saturday or Moudav.