The New York herald., 1876-02-02
Ex-Treasurer Baxter and Director
Taloott on the Stand.
The Order of Arrest Against Dun
can, Sherman & Co.
Excluding COIOred People from Places
of Amusement.
ANOTHER ROSE MICHEL INJUNCTION

The proceedings IN the suit OF the Pacific Mail Steam
ship Company against william s. King were resumed
yesterday before Mr. Edwin NJ. Wight, as commits
soner at his ocnco in tho Drexe building Messrs.
Henry S. Bennett and John N. Goodwin acting re-
spective counsel for plaintiffs and defendant
The FIRST witness called General Henry H.
Baxter ex-treasurer OF the Pacific Mail Steamship
Company. He testified that he did business at No.
10 Broad street; that he was director OF the
Pacific Nail Company in 49, that he went
South in the fall Of that year, and that he sent
in his resignation in 1872; he could not tell
exactly the date ON which it took effect he was a
member of the Executive Committee In 1872; this
committee transacted the business OF the company In
the absence Of the Board they also met once week
and transacted such business as came before them;
there was no especial power conferred on members Of
the Executive Committee. In response to question
to their power perform Special duties, such as in
huencng special legislation the witness SAID that he
knew OF power conferred upon them which was not
Nj Bennett-Did you know why Mr.. Abercrombie,
Who bad been treasurer of the company, rcsignedS
: Mr Bephett--pid You not hear that 1t because
he was requested resign o. check which
Would be in violation OF his duty to sign IL
kT. BsxtoT--l do not remember anything OF the
= kind -.
Mr. Bennett-Did not the Board of Directors pass
special resolutions in regard TO its
Mr.. BaXteT-l do not remember.
Mr. Baxter in the continuation OF his evidence, tcs-
ted that he not present at meeting OF the Board
Aprh II, 1872, when the appointment of henry
Smith as treasurer entered the minutes. Al
that time MT. Stockwell president OF the Board of
Directors. He remembered that Efforts were made to
obtain a subsidy at Washington.
Mr. Bennett-Who employed TO protect the in.
terest OF the company at Washington
Mr. Baxter-I do not know Of my own knowledge
who was, but ] heard that Mr. Irwin OF the
San Francisco agents, attending TO the matter.
Mr. Bennctt-Were you not at this time interested
with Mr. Stockwe IN some joint transactions in Pacific
Mail stock
Mr Daxter-I don't remember that was
Mr.. Bennett-Did you not about this time settle the
SUIT Of Chalis against the Pacific Mail Steamship Com
pany deliver the papers forming the consideration
Tor the settlement
Mr. Baxter-I knew Of the suit but did not settle II
por deliver any papers in connection with it, met
Judge Fullerton and chAiis and other lawyers al the
Mr. Bennctt-was it not settled by tho delivery of
'.pu,s on several thousand shares of the stock
Mr. Baxter-I do not know that II was; he
not acquainted with John G. Schumacher; Mr.. Stock
well at the Fifth Avenue Hotel when he went there
10 see Challs with Judge Nelson: no did not know
threatened developments in relation TO money
pended IN Washington; he never heard OF telegram
irom Mr.. Irwin 10 A. b. Stockwell telling him that
that muet be settled the subsidy would
granted Mr. Stockwell and he did not constantly ad
together in relation to the suit he did not know
how much the settlement had cost the company, and
had made II his business 10 inquire into the
matter.
Al the conference which took place at the Fifth
Avenue Hotel, when endeavors were made TO settle
the suit, Mr. Baxter said he was not permitted 10 be
preseaI
Mr.. 9oodwin--was not the entire management and
control OF the company given over 10 Mr. Siockweil
while he President by the drectorsf In iact he
the whole company
Mr. Baxter-Yes, emphatically so.
Frederick Talcott another of the directors Of the
company, was next called. He asked 10 n meet
ing held November rs, 1874, the proceedings of
which kept secret He said that before leaving
The the directors agreed TO have nothing TO say
IN regard 10 the meeting
Mr. Bennett asked him II he heard any charges OF
tlsli IN plat IN Mr. ms nf
meeting and II portion of the records had been
plunged
Nj. Talcott said that he could not answer the ques-
tion in justice TO himself would not be honorable
for him 10 do
Some discussion ensucd between counsel and wit
ness, which ended in the latter refusing 70 answer.
The decision OF the Commissioner In regard to the
question was that II proper one, and that the
Court would protect Mr.. Talcott in his refusal
MT Talcott said that # he forced 10 answer he
would do
Mr.. Bennett then asked for an adjournment that he
might consult with his client forcing the question
and further hearing adjourned till to-day at half
past ten