The New York herald., 1876-03-25
The InterminabIe Bleecker Street Rail
road LitigatiOnS.
A SHARP LEGAL CONTROVERSY
Another Chapter CT Marital
Unpleaeantneee.
The Testimony of Spence Pettis in the
Funcke Suit.
Settling the Order in the Tweed
100000 Suit.

The Beecker Street Railroad again in court yes
terday and Supreme Court, Chambers TO be its
depot Chief Justice Davis early in the morning
granted stay of proceedings, by which the was
put the term in order permit the to set
up his answer in the stockholders suit The
coup dddt rather took the muttudinous opposing
counsel evidently by surprise, but they promptly
sfqXeA.. themselyes ready TO meet the emergency
old employees OF the road, who apparently hoped TO
gain some advantage by any move Judge Donohue
might make There was strong array of counsel, in
GLIDING ex-Atorney General Chatdeld for various
stockholders; Mr.. Patterson, attorney for George X
sistare; Robert Ludlow Fowler, for Mr. southworth;
Mr.. Miller OF Doven Miller, and Mr. II. II. Ander-
son, for Harlow; Messrs. Flanagan Bright, for
Jacob Sharp and John NJ. Scribner, Jr, for Mr. Con-
over The scene was an extraordinary one for court
OF justice and excited the greatest interest
The proceedings opened by Mr.. Fowler stating that
he had obtained an order of Judge Davis staying all
proceedings This order was then read by Judge
Donohue after which Mr. Chatheld to his feet
and cssayed TO say something, when Judge Donohue
interrupted him by stating that the stay in his
vacated few moments time occupied in
drawing up a stipulation making the receiver
defendant IN the case which stipulation Mr. Chatiied
refused TO sign alleging that the matter of
very grave moment, and that he opposed TO any
precptate action and particularly notice of the
appearance of several OF the counsel had been served
ON him until that day and he desired TO amend his
complaint motion made by Mr.. Scribner
vacatc the injunction granted by Judge Davis and pro-
coed with the argument at once. Mr.. Miller said he
was ready to and most OF the ohor counsel said
they were likewise ready. Judge Donohue said he
would vacate the stay of proceedings. Mr. Bright,
behalf Of Mr. Sharp said that he wished TO deny every
allegation charging his client with conspiracy and fraud
and further, charge the receiver with nterposng
unwarranta6le Interruptions in the pending gations
road. Mr.. Scrbner also made an absolute denial Of
the allegations rejecting on his clients as made by the
receiver and asked leave take the oral deposi OF
the receiver and Mr. Fowler his counsel in the matter
hr Patterson asked postponement until he could
prepare his papers He dwelt upon the gravity OF the
issues and insisted that prejudice could come TO
anybody by delay. Mr. Scribner read notice served
Mr.. Patterson and then undertook further response,
when Judge Donohnc peremptorly ordered him TO
hand his papers over TO Mr. Patterson, After
further remarks, all Of which had reference to the
various suits pending and the hearing on the motions
in which set down by Judge Donohue for next
Wednesday Mr.. Fowler undertook to address the
Court-ln effort which was not very successful
THE receiver of this road, said Mr. Fowler, Twas
appointed TO his present position by Chief Justice
Davis, man OF the highest Judicial integrity. He is
IN court and is willing TO submit TO any examination
You shall be heard fdlly next Wednesday, " inter
rupted Judge Donohue.
at not fair, insist" protested Mr.. Fowler
when the receiver officer OF the Court is attacked
by combination and railway clique
'one moment ~ again interrupted Judge Donohue.
Hear me make one solitary statement on his be-
hail. and will be extremely obliged, insisted Mr..
Fowler, with great earncstncss.
al won't hear any statement now You will be
heard on Wednesday, remarked Judge Donohue, with
marked emphasis.
lengthy answer has been prepared by the receiver
response 10 the petition OF thee 10th inst TO lease
the Blocker street line He alleges among other
things, that Immediately after he entered upon the
discharge OF his duties he met by tho most
hostile efforts the part of John T. Conover and his
associates and confederates and others, engaged in
consprng to control and subvcrt the company to their
own unlawful ends, desires and purposes that on en-
deayorng 10 take possession OF the property OF the
company the officers who were in possession at first
refused TO deliver up possession of the keys and
papers aud he found necessary to have recourse to
tho sheriff OF the county Of New York TO put him in
possession of such property that the pretence in the
petition that the proposed lease liquidate
the debt OF the Beecker Street Company is false aud
specIous and that the real object of such lease and
Is TO enable Jacob Sharp his party to control and
subyer the Bleecker Street Company to their own use
and TO that OF their associates and confederaes He
further alleges that the present Board OF Directors
have been consulted about the proposed lease
that much higher price can be obtained for the
property and lease than is sough. 10 be paid by the
Twenty third Street Company.
'You have cot pretty good fght before you I" said
the HERALD reporter TO Mr. Souhworth after the par
ties hal left the court
"My only desire IN this matter responded Mr. South.
worth ''s to the road and franchises from un-
scrupulous men and their devices. ] stand ready at
any moment to promote any honest plan that will re-
heve the road from its embarrsssments, that will
store to honest investors the full value Of their invest
ments, and that viii be fair equitable and proper ad-
justment OF those harassing htigations But wish
distinctly TO assert that will consent to any ad-
ustment which will not procure these ends Nor win
In any manner or for any reason be ntimidated by
sharp Conover and their allies; nor will hesitate
to meet these men at all times and under all cIrcum-
stances, as am in duty bound TO do and do not
think they will lnd me making any endeavors not
sanctioned by law public policy and the rights of all
the parties in interest,"
Judge Donohue does not appear TO be very friendly
10 your side continued the reporter
~ have been told, - Mr.. Southwark answered "that
Sharp and Conover openly boast that they control
Judge Donohuc aud influence his Judicial decisions but
] do not for moment believe that these statements
true, that clear headed urs, like Judge Dono
hue could would listen such preposerous state
men,s as they allege they have made to HIM Ii makes
no difference whatever action Judge Donohue may
think proper TO take cannot be made TO believe that
u would bc dictated by trinity made up OF Jacob
Sharp, John ConOver, who boasts he control tho
courts, and Mr. John NJ Scribner Jr who in this case
has exhibited malignant feeling strongly OF keep
ms with his position as the attorney OF the road -