The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-19
PACIFIC MAIL FIGHTING IRWIN.

Tho old civil suit by tho Pacific Mail Steamship Com
pany recover $3.50 900 from Mr.. Irwin continued
yesterday before MI s B. Brownel referee at No ss
Wall street, under order OF tho Superior Court This
reference distinct from the proceedings against Mr.
Irwin the Municipal District Court The company
was represented BY Mr. H. s Bennett.
Mr.. Rufus Hatch was present with Mr.
A. J. vandcrpoel legal adviser. Mr..
Irwin was promptly on hand at four r. NJ, with OK
Judge Fullerton. The Pacific Mail Company had ono of
ITS bookkcopers present
Mr.. Fullerton opened the proceedings by reading
from the minutes Of the meeting OF directors of Pacific
Natl Of August, 1873. naming committee the
Stockwcil compromise
Mr.. Hatch Qnterruptingl-Put down that was not
on that committee. Read tho full minutes and they
will show it
Mr.. Fullerton-l win not read IT,
Mr.. Hatch-Now, you so on and viii meet you.
That book does not belong TO you; It belongs to the
Pacific Mail Company
Mr.. Fullcrton-Now Mr.. Referee. this Interference
by this must be stopped. you do not protect
me will protect myself. Adjourn or go on
Reterce-I viii mako order II it is desired
Mr.. FuIleron--l will read a part Of the pro-
cccdings Of tho Board Of Directors held October %
1873, by request Of Directors Scott and Hatch.
Mr. vandcpoc objected Objection noted and Part
OF minutes read showing proposition of stockwel for
settlements in exchange for 10000 shares OF Pacific
Mail Company's stock. While Mr. Fullerton was read
ing Mr. vanderpoel was looking over tho minutes and
correcting tho iapHs lngnG. Tho purport thar in
consideration Of the rcconverson Of those shares
stockwel should have release; tho Howe Sewing
Machine Company mortgage should DO satisfied, and
suits discontinued Counsel read also a part
or the minutes Of tho directors March ., 1874 OBJ
jcctcd to and noted
Mr. Hatch-I think the whole book ought to 60 In.
Mr.. Fuilerton-wcll we'll cut you OIL on that Tho
evidence shows that the cslm against Stockwe covers
this very clam against Irwin.
Mr.. Vanderpoel--Thc printed pleadings will show
that the complaint against Irwin to 1874
He got that money. In his evidence he says ''the
president OF the company directed tho money 10 DO
paid 10 me " and don't see how he Is going to get his
neck out OF tho halter
mir. Fulerton-HIs neck isnt in tho halter. Tho
evidence shows that Irwin expended tho money just
no directed 70 do. We ind that tho company give
Mr. vandcrpoel-rhe money was traced directly TO
Mr.. irwin The questions are whether no applied the
money properly and whether the money came lawfully
into his hands
Mr. Falerton--The release OF one wrongdocr releases
air
Mr. yanderpocl- Unfortunately the Court OF Appeals
beat upon that very point
NJ Bennss1Mr Match, :. the time Of the release
$3.50, 900 10 Irwin been discoveredS
Mr. Hatch (vocifcr0usyl-No.
Mr. Bcnnctt--Had tho release been delivered when
you went TO Washington
Mr. Bennett-In your negotiations with stockweIl
did you know anything about the $75oOO0 paid to IT.
win2 A.-No
Mr.. Hcnnctt-when did You FIRST learn OF ~
Mr. Hatch--There committee
Mr. Fulicrton--I object
Mr. Iatch-Appointed that had
Mr.: Fullerton II tell you, SIR, object
Mr.. Hntchl have been asked the question and will
tell the whole story in two minutes; but maybe you
don't want me 10. Tho committee had charge
Mr.. Fuilerton--Mr Referee, this must b stopped.
have objected and
Mr.. Hatch-Ar Nebur appointed as book
keeper
Mr.. FulleIton-I insist upon ruling upon
Mr.. Hatcn-l elected director April 49, lS1a
The FIRST thing did was TO lend the company
Mr. Fullerton-Oh Lord bess u.s. what thing IL is TO
be fool.
Mr, Hatch-Tnat's what makes IL 80 unpleasant for
both OF u.s.
Tho referee hero stopped the banterng and pending
the appearance Of Mr. Russell Sage the reference was
adjourned until Tuesday next at four y. N.