The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-04-30
A LAWYERS DIFFICULTIES.
\ or l. D. wARINa-cURIous

EXAMINATION or L. y. wARrNG-cURIous
RAILROAD COMPLICATIONS.
The case OF l.. B. Waring, the Ncwburg lawyer, whs
was arrested ten days ago ON charge OF having 10
his possession certain documents aud papers belong
ing 10 the Canada Southern Railway which had been
stolen. came up for cxamipation yesterday IN 'hs
Fihyscvenh street P.hce Court, before Judge Ottef
bourg at halfpast four O'Clock Yesterday afternoon
Robert Burns, au olcer connected with the railroad
company flied that papers wero taken from hts
Office and that war.ng receivcd the properly.
ExJudge Fullerton, counsel for Waring, moved to
dismiss tue complaint tho ground that no evt
dence before the Court TO show either that tho
properly was ieioaioasiy takoa or that Waring re-
ceivcd IL knowing It to be stolen.
Judge Otterbourg however, held that In The original
comp aint there was sufficient TO warrant examua-
ton.
Mr. Burns then testified that he had reason TO bc-
leve that tho papers were stolen by one William }.
c. Wright. q clerk in the railroad companys office,
IRON wnom they afterward stolen and trans
ierred 10 Joseph hodgson. THIS witness further
testified thas documents mad since been secn In
The next witness was J. r. Chambers, general
agent OF The New York Central ana Hudson River
present at InteryIew At the Grand Central Hotea
between +. d. Worcester, an oliiccr OF the Central
Hoasson; at that interview war,ng slated .aaI tbs
New York Central and the Hudson River Railroad
had Claim OF mnuy thousands Of dollars another
railroad company (the name OF which c0pcealedl,
based on false returns; War,ng aud Hodgs0n cuimod
~ that lime 70 have rue reporls rendered by Tho
agents Of Tue company referred 70. and said
that these reports had been takenfrUm tho general
onico Of thst company; Mr.: Worcester and Mr..
Chambers promised 70 put HoaHson ana WAring N
communication with William H. Vanderbilt and an
interview was accordingly arranged. wncn took place
soon aiterward; to Mr.. Vanderbilt both Waring aud
Hodgson repeated their previous statement
aud exhibited books and pnapers winch
nity per cent OF the money 10 be re-
chained the strength OF these papers; Mr. Van.
said that II the claim valid ami tho road
was solvent he was wiling 20 give them twenty-five
son, and they then informed Mr.. Vanderbilt that the
road about whch they nad been spenklng WAS thV
CANADA Southern Railway, Of which M. Vanderbilt
himssIi aud T. D. Worcester directors; u also
lransptred that The documents In question: were taken
from the office Of the Canada southern Railway
Company s0me time 10 the early part OF Octoner,
copies OF monthly mileage Statements rendered by
the Canada Southern TO other roads, from February,
1876 10 August 1871 with twcnty original statements
OF mileage OF all freight cars passing over tue foxd
Those papers. cslnled, are OF greater importanca
10 tho Canada Southern Company ~ their settlement
with other roads,
that Waring aware ~ tae time Of bts interview
with Mr. Vanderbilt that Inc papers had boon stolen
he could not DO held.
Assistant District Attorney Leary and Mr.. FRANK
Loomis counsel Tor tho Canada Southern Railway
Company. argued against the discharge of The pris-
oneP, aud sai6 That IT given time thcy could procure
pers knowing them to have boon stolen. On the
quest District Attorney Lcary tue further
sxamiaslton Of The Was postponed until Monday
noxI
when MIR. William II. Vanderbilt was served with u
subpoena said knew not hing about the case and
that his way 10 Europe, aud IN fact az tue
timo he was about taking carriage 70 eaten tho
steamer.