The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-11-13
The Erie Railway Company Protection
Committee Of Three.
Bill in Equity Against
Henry Clews & Co.
ANOTHER OF THE PRINCE LEO COURT MATINEES
The Money Realized from the
Watson Estate Judgment.

suit or interest In connection Win tnc hAiis VI to
Erie Railway Company was tried yesterday before Judge
gpaulding OF the Marine Court. The suit was brought
By John Polhcmus the printer, against the Erie Protoc
lion Company and the three members composing it,
Meesrs John Livingston, Gustavus A. Holnger and
John Hooper, individually, TO $40S 49, the last
named being respectively the secretary and pres
dent OF tho committee The printing done, and for
which the suit is brought OF circulars purporting
10 have been issued by the company principally in
the interest of the English bondholders. The
debt Is admitted by Livingston, who is witness
for the PLAINTIFF and who claims he acted with
The appreciation of his two associates. His two
codefendants however, claim that all the circulars
issued without their appreciation, and moro partcu
arly that tho understanding that no expense
should BIO incurred against Them but that all the
penso TO be borne out of fund which Livingston
said had been placed in his hands that purpose by
English stockholders and that therefore they not
liable for the debt The plaintiff was represented in
court by Mr.. William W. Pearson and Ex-Governor
Lowe, OF Maryland, and tho defendants Hongcr and
Hooper, by Mcssrs Sullivan, Kobbe and Fowler The
main witness in favor of plaintiff Livingston,
of the defendants He testified that all the printing had
been done with the OF his associates
who frequently examined and corrected the proofs Of
the circulars before being issued On the part of de-
PENDANTS their own testimony to the effect that
July of this year they invited by Livingston 10
his house. in West Fourteenth street for the purpose Of
forming committee of protection in aid OF that
formed in England by the Erie bondholders; that he
there met for the first time Mr. Hooper, that though
he, Mr. Hooper, Livingston and a stenographer were
the only parties present. they proceeded TO form the
committee and elect themselves to Office Hooper
being elected president Hollingcr, secretary and all
three the finance committee; that from time
TO time meetings and consultations were held
at LyInqsons house and circulars issued only one of
which was approved otherwise than by Livingston
Individually, and that one only by Holilnger. Mr.
2oinger testified that on one occasion Livingston
proposed to call meeting of Erie bondholders at Del
moncos, and asked him prepare speech for the
occasion He did prepare such speech, occupying
two days on the work Livingston then borrowed the
spceen 10 iook ~, over, ana, instead OF Gaining the
meeting, embodied the substance of the speech in a
circular he proposed to issue To this Holinger sub
mltted, and approved the circular Next, before the
circular was issued, Holnger saw II published in
the papers, and on censuring Livingston for this
was answered that IT would do good and make him
Qiongcr) the most famous man in New York. All
tins time Livingston claimed to have proxies
from English stockholders to the extent OF
$1,000, COO and showed a bundle OF papers
purporting TO contain them One circular which was
to be published found after being printed TO
tain advertisement OF SO book got up by Living
ston on Erie affairs. or this he disapproyed but Lv
ngston thought, he was doing all this work al his
expense he ought have the benefit the adver-
tisemcnt Again, it was discovered that Livingston
issuing an assessment circular, asking for twenty-five
cents share from all holders OF stock In favor OF the
movement OF the committee, in violation of tho
agreement OF the members Of the committee that
assessment should be called for until the committee
had been increased and placed upon responsible
basis In this assessment circular II rel resented
that the committee was backed by bondhodcrs whose
names and amount of stock were gven--the stock
amounting TO about half of all the outstanding stock OF
the company. upon seeing this representation Mr..
Honger suggested TO Livingston that there a
possibility If such circular issued aud IL
true, that the parties receiving money under might
be held for false pretcnces Having dsapproved OF pre-
ceding circulars and having resolved TO pay out
money for work which represented to be D
the interest of the English stockholders and at
their cost and having this assessment circular
about to be issued without their approval, Hollinger
and Hooper thought IL about time insist
ing Livingston proxies and his letters from England
empowering him TO act On the demand being made,
Livingston ct first appointed time to exhibit them,
but when the time arrived put II OF and finally refused
altogether. This determined Messrs. Hollinger
and Hooper to retire from the committee,
and they rendered their designations, which
accepted by the same overwhelming majority as that
whereby they voted into olhce When the assess
who to receive the money, there was no treas
urer, and Livingston answered that he would ''What
will you do with itf' inquired Hollnger sPut II in
my pocket answered Livingston ~ have incurred
expenses which DO paid, and intend to hold you
responsible for them" Thus according TO defendants
testimony, the original committee dissolved While
IL in existence, witness added, Livingston brought
them to the Brevoor House to introduce them TO Sir
Edward Watkn, representing tho English interests,
and although he did INTRODUCE thcm Sir Edward
did to recognize the fact that Livingston had
any charge Of the interests OF the English stockhod
ers In short the defendants claim that Livingston
did not have any such interest in charge, that he did
not have proxies OF tue stock that he had authority
10 invite proxies in the name of Cornelius Vanderbilt
and William II. Vanderbilt he did his circulars,
and that he had authority TO bind his
for this any debt.
At q late hour the submitted to the jury,
which, after brief absence found a verdict against
Livingston for the full amount claimed, and found
the defendants Hooper and Hallinger,