, 1874-01-04
More About Their Suit Against John B.
:. Sherman ct al.
Interview with Mr. Storrs, the Counsel
for Complainant.


always declined to give information about cases
in which an interested, because prefer to try
them in court. But il this case is to be tried IN
the newspapers would as soon try it there as
anywhere.
R.-What brought about the quit?
Mr. SIN 1eG4-io April Of that year-John
B. Sherman, Archibald Ii. Allerton, Joseph Z.
Mcpherson, and Samuel ". Allerton, thinking
that the East Liberty cattle-yards might
be made profitable enterprise, went
to the City Of Philadelphia, and induced
Mr, Howard. the General Solicitor Of the Penn
ey1yauia Railroad Company, to execute leaae
to all these parties, upon reduction OF 81, 0o0
q year rent, On the ground Of the supposed intiu-
ance OF John B. Sherman and Archibald ii. Al
lerton in directing shipments Of i've stock
R.-Nlen did they take possesalon2
MIR. s.-The very next day after the lease was
executed.
R.-Did the names Of all the parties appear in
the lease?
Mr. S.-No. Sherman and Archibald Allerton
we're complicated With other roads. and, at their
Own personal request, their names did not ap-
pear.
Mr. G.-Yes. Joseph r. MCPHERSON and
Samuel ". A1leston. In that wny tho lease was
stoned in presence OF au the parties, and its
terms dictated by Archibald II: Allerton.,
R.-What was the covenant in the deed?
NIs S.-1uEY Cuf6AhuLtuk w u9o kA4o1A u4AACAG3
and e1e1tions, personal and of6cial, to secure
the shipment of live stock over the Pennsylya~
MIA Road. 1t is obvious to any one that the
prosperity OF the yards depended entirely upon
the faithfuI performance OF the covenant
in that lease Tor, if no cattle we're ahipped over
The road. there would be none fed and yarded
there. The interests Of tho yarde and the road
were identical. Without the lease, there could
have been no partnership.
R--When did the '' trouble begin?
A fnyp% nnf1 Aff he
Of this irm, and tho execution Of the lease,
John B. Sherman aud Archibald M. Al1erton de-
cliued to assist in the shipment Of cattle over
the road Samuel ". A1erton sold out his inter-
est and in 1866 Sherman and hia copartner,
Archibald, sued Samuel ". Abortion in tue City
of New York, and fled complaint Which was
sworn to, and in which they testified that they
leased those yards When the trial came On
against their eopartner, they testified to the
ment before Judge Barnard, based upon their
complaint and their testimony. It having turned
out that, instead Of using their influence in
favor Of the Pennsylvania Road, they had per
sietently exerted it in favor OF the New York
Central aud the New York L. Erie, tho Penu-
sylYaua Road, last Janl1a.y, brought suit against
them to recover damages for the breach Of this
covenant.
R.-What did they first do2
Dir. S.-They at first fled plea OF. covenant,
pro forma, the legal effect Of which was to ad-
NIT the execution OF the lease. Testimony was
taken at Pittsburgh, pbiaade]plia, New York,
Albany, and Buffalo, and it was demonstrated
that, through the agency OF these two parties.
John B. Sherman and Archibald II. Allerton,
one of tho heaviest shippers ever known in
the West, John T. Alexander, was induced to
leave the Pennsylvania Road, and transfer his
business to the New York Central. 1t also ap-
pears, from the Testimony on file. that the rery
in view WAS to break Alexander, aud they Sue
ceedea in doing it.
R.-What sum is it claimed vas lost by this
transfer Of shipments?
1lr. S.-The transfer Of these large shipments,
brought about by the influence Of John =. Sher-
man and Archibald N. Allerton, cost the pennsyl-
yanjn Road, as is proven by the testimony now Oh
flo, the sum Of nearly $4,000, 900. The case was
at issue. 1t WAS get for trial. Suddenly, On tho
yery day tho Jury WAS ieea;pauo1cd new c9unsel
u. Alerton asked leave to file plea deny
ing that they had ever executed the lease.
After somewhat protracted argument, Judge
Elo6Gett permitted the plea to be fled. Upon
long discussion, ruled. substantially, that the
lease could not be admitted in evidence, for the
simple reason that the names Of John B. 4her- !
man aud Archibald II. Allerton did not appear. |
either in the body Of the lease or as signers
thereof. A motion for a new trial has been en-
tered, and Judge Drunmond is to sit rhen that |
motion is argued, which is to be done next |
Tuesday. Judge Blodgett is q man OF |
keen, sharp intellectual perception. Share in |
none of the animadyersions which tho Bar, OF |
portions Of the Bar, have made against hinl. |
He is an upright and an incoz1uptiblo man, but /
he is in his nature an advocate, and my impress |
sion is that Judge Dlodgett, when he comes |
cco1iy to deliberate upon the point which ho has
bis opinion. I have received, sinco the publica-
ton OF bis opinion, letters from almost every |
Attorney General OF The Slate another from
Hale Austin, as prominent lawyer as there is
in Western New York-and ! have yet found no
lawyer who agrees with Judge B1odgott in tho
opinion which be has Expressed
R-lt has been intimated that The case WAS
prosecuted in the interest Of Samuel ". Alier-
ton; is it true
Mr. SIT was 80 limited on the trial, and indi-
Gated in tho article published in THE TRIBUNE, |
but there is not single syllable OF truth in the
assertion. As matter Of course, Samuel ". |
Allerton, having faithfully fulfilled all the cove
1ants of this lease, is injured precisely in tho
same manner that the Pennsylvania Company is
injured.
R.-Why WAS he made joint defendant2
Mr. S.-Because he Was partner. It Is to
aia interest, if has performed his covenant, to
shift liability from his own shoulders to those Of
whole busines is this; They have, in the New |
York Courts, compelled Samuel ". Allerton to !
account for the profits Of the business, which, !
IS the proof already On file shows, they per-
alsttAt4J Blu AAAuolt4oAal9 bou54t ~ ueHIIoy. !
So far from endeavoring to attract bust
acss to the East Liberty Cattle Yards,
he proof shows to a demonstration that.
or years, they sought to divert business from
hem. That they should ever have recovered
Judgment emitting them to any share in the
Profits OF q business which they sought to de-
'tsoy shocks tho plain moral sense, and yio1ntes
'7ery notion OF legal right. haye letters be-
orc me from the General Solicitor OF the Penn
ylyania Railroad Company, which Indicate the
ceiling they have upon this subject. They will
prosecute to the bitter end, and time will deter
nine, what We perfectly well understand, that
he case was brought in good faith, will be pros
'cuted in good faith, and will never cease
.ntn John 3. Sherman and Archibald Ii.
Alle1ton are compelled to pay the
lamagea which the Pennsylvania Railroad Com
'any have suffered from their gross violation OF
IS solemn covenant as WAS ercr made.
R-Do you think new trial will be granted?
hIr. s.-We have every confidence, and every
eason to believe the motion will be granted.
Irchibald NJ. Al1erton and John B. Sherman
10Th testified that the lease never would have
een executed had they not been the substantial
'arties to it. I am quite willing to leave thom
nth their plea, sworn to, that they never exc
uted it, contrasted with their testimony in their
Tearisome litigation with Samuel ". Al1erton. |