The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-24

vacato the stay Of proceedings on the order granted
examine Gould and Dillon before trial M Sewah
claimed that he had right 10 examine the defendants
Afer argument the Court vacated the stay. Mr.
Sewe then stated that he wished TO withdraw the man
reason that the object OF the same which 70 obtain
quorum at the directors meeting, SO that inspectors
camel,shed Mr. osborn hsv'ns a,,enseS nm adj.
Journcd meeting, when the inspectors elected.
Mr. Bennett, counsel for the defendants, said there
was no contest In tho Board except with Mr.. Hatch
There was the greatest harmony with the incoming
aud outgoing boards, but Mr.. Hatch wants fight Hc
then read affidavit himself setting forth that
Mr. Dillon informed him that he had been served with
notice 10 appear ~ the meeting, put that he was on
his way TO catch the train for Washington, where no
l. 10 testify under subpoena and that he had not tmc
TO make Affidavit He requested counselto deny Tor
him that he ever absentsd himself purposely by or IN
he has always strctly faithfully performed his
duties as director and has given largely out OF his pr-
saie means 70 relieve the enoarrassments Oh the CON-
psny. No one but Sir. Hatch would think OF such
thing. Every member Of the company except Mr..
Hatch has acknowledged his success and fidelity. He
was aware the meeting was called to day; that there
still week spare, and that IL was no unusual
thing 10 appoint inspectors the day before election.
Moreover IN connection with Mr. Gould and Mr. Ames.
lie large securities for tho benefit Of the company,
and but them ELECTS would be gold by the Sheriff,
whereas Mr. Hatch never gave Il u dollar security.
Mr. Bennett then stated that he recently saw Messrs
Wright, Reilly and Smith, and they dlsclaimed all
knowledge OF The mandamus. Both boards are in har-
mony, but Mr.. Hatch stands between both, shaking his
fist now ut ono anu nov at another.
Mr. Scwcl inquired wheh her that beautiful affidavit
sworn anu being answered that " was. nc
remarked hat Mr. Dillon was IN hurry TO catch the
cars but he must have waited long time to tell him
all that. Now, We all know how ,rtuous Mr. Dillon -.
But Mr.. Haich's purpose was accomplished and no
withdrew the order TO show cause
Immediately after the conclusion OF the argument
upon the mandanus proceedings Mr. Bennett obtained
staying all proceedings on the motion 10 pun
ish defendant Tor contempt and also an order TO show
cause made ret urnable on the 2oth inst why the Or
der examine the defendants before trial should not
be vacated The following the affidavit Of Henry 5.
Bennett upon which lhis last order was obtaincd-
s.Icnry $ Bennett, beng duly sworn, says that the
orIcr hereto annexed was duly obtained and served
staying al proceedings Tor the examination OF de-
PENDANTS TIL the motion thereon WAS decided. and re-
tuinablc the 18th inst. before Mr. Justice speir.
That immediate thereafter he enJolned defendants,
Dillon and Goud, 10 the obtaining aud services OF
said orusr, and thercupon Mr. Dillon went to WASH
npton, That after the service thereof, and without
notice to the defendants their attorney the attorney
painful came INTO court, ignored the said order
and took defendants said DEFAULT thereby allowing
them 10 TO contempt This deponent further AYERS
that the defendants have desire intent to show
any dsrespect tho process OF this Court and that
they unwilling even to appear IN that POSITION.
"HENRY ). BENNETT.
"Sworn before me, this 23d day of May, 1860. E.
WEsrLAKE, Notary Public New York county"