New-York tribune., 1875-02-13
ERIE ACCOUNTS WITH MIR. ARCHER.

TILE DISPUTED OWNERSHIP OF IMPORTANT BOOKS
now THEY CAME INTO MR.. ARCHER's POSSESSION.
A motion was yesterday made IN Supreme
Court Chambers before Judge Lawrence IN one OF the
suits OF the Erie Riway inst o. H. p Archer Tor the
aDpontent OF receiver Of certain books OF account,
now In Mr. ArchcIs possession, and for an Injunction
restraining him from removing or destroying theh'
The motion was made on complaint winch sets lOiIh
IN full tho five different agreements with the Company
under which, from Sept 1868, TO April 80 185' Mr
Archer did all the transferring OF freight between New
York and Jersey city for che Erie Railway These agree
ments provided in general tht ho sAoii pear al tue
expepse transferring freight from tuc csco CITY cars
TO New-York and from New-I0rk 10 Jersey cry
should mako all collections OF freight cue, ana receive
in ceturn rertain varying from % cents to 10 cents
per net tom and all books ANA stationary that he might
need in his business. The complaint alleges hat tho
Company furnished! Mr.. Archer. than agent under
that contract with books for his agent TO keep the
accounts ofthor business all such books being stamped
with the but that on the 25ih OF April nc suIrep
tously removed the books about 80 in number from
their Office stable ia Fifty-third-st that they are
record OF the COmpanys business aud constantly need
ed by the Company for reference to settle disputes
about freight bills &c. This complaint is supported by
soueral afidavits, and by the examination of II. T.
Apes who says Archer consulted him about proposed
seizure OF his by the Erie Company with refer
ence to frauds charged against him. Mr Ahtcs ad'lSed
Mr.. Archer that with tho books the Company could
trace all his transactions and that the books did not
oeree with the accounts he had rendered.
In reply Mr. Archers answer and ana. 80 were road
He denies that he ever the agent Of the Company
after 1861 His position was that of contractor with
the COMPANY In 1866 bids for this contract were
solicited and his bid was the lowest His rights were
dennod nv the contract. He neither gave bonds nor
prrniycd salary TIE piers at which he did business
were hired by him. lie was personally responsible
10 the owners OF freight in bis charge Ihe Company
could not Interfere with his employees. The FURNISHING
of book, by the Company part OF his pay ana Tor
In the accounts James s. Cark, IN APRIL 1913, had tod
him mat he met MT. Goodwin, The Eric detective, at r
G1ddss house. and IL there suggested tbat az Mr.
Watson wanted books they should take them from
fnc ofcc al night The stable hand dsOmo three
story building which year before had Dteh hiteu up
es his uptown office. He took the books there openly,
INT keu them carefully locked In view OF thc acJ thiJ
the Company had IA claim against him IN SUIT Tor $4,000
ana me n c0unterclam against them for $G0O,OOO lie
was oute willing to let any respectable empOYe Oh the
CG1auv examine bis books in his presence Or that of
~" booEEeepcr appointed bv the Eric Railway and two
others had examined his accounts. They found nOtDihg
Ond the usual Discrepancies except that Antes had
COLLECTED money and reported IL as collected 10
The Company and to him. matter for
which he was under indictment now Am o cA1
G, nj that the Company had charged him with $1,000
without reason. They fixed the claim OF the Company
against him at SIOl 90 He had 10 such c0uVersatlOn
with Antes as he hId sworn TO- lie charged that thIs
sut was not brought In good fab, but was part OF
two wears pabt had Idea Of removing the books,
and only objected 10 an Injunction on account OF nc
ubliatOn it'wOud cast hD. but did object 10 ISe
celyrr who should take them out OF ms hands Atcf
cision Mr Macfarland Tor plaintiff Dudley Field for
dgloudaut