New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-09-20
THE ENDLESS ERIE LITIGATION.
WHAT THE COMMISSION WILL EFFECT.

CONsUL-GENERAL ARCHIBALD TO BE THE COMMITS
sIoNER-MR. M'HENRY's CLAIMS.
The arrival of the English barristers and
solicitors take testimony in the MoenryEr Rail-
way suits, generally commented in railroad cir
Giles yesterday The counsel both sides yesterday de-
cided to appoint f. NJ Archibald British Consul General
as a Commissioner 20 hear the testimony in the Nc
Henry suits. The names submitted by Sir George Jes-
SELL Master Of Rolls OF the English Equity Court from
which commissioner TO be chosen, were Mr.. Arcb
bald Edwards Perrepont Clarance A Seward and Il. L.
Fancher Mr. McHenry represented in these suits by
W. Wies relative of Justice Willes, Of the Eng
lsh bench ; J. Sterling prominent English barrister
and j. Alfred Davenport OF this cityhis attorneys IN
the American suits appearing in the present mat
ter
A gentleman who has recently arrived from England
and who connected with the preparation OF the Suits
said yesterday In the suit brought against Mr.. Nc
Henry by the Erie Company judgment for S150O0OO is
asked on a settlement Of accounts. Mr.. McHenry has
filed crOss-bil In which he claims that the company
him $4,000 sterling (Sss0000 for services rem
dered commissions, etc, London agent In the eX-
animation of Mr. McHenry before the referee in London
he succeeded in having all the items OF his cross-b
passed. and he secured the appointment Of commission
to take the testimony Of Hugh ]. Jewett, S. L. NJ. Bar
low, p. II. Watson ". P. Sherman and others, to es
tablish his claim that acting under orders from the
Erie Railway Management he paid for 1000 shares OF
the Cleveland. Columbus Cincinnati and Indianapolis
Railroad Company out OF the proceeds OF tie second
consolidated bonds, which sold TO the British pub
lie by the London Banking Association in behalf OF the
Erie Road Mr. McHenry claims that every share Of the
stock was bought by Mr.. Barlow. who a director aud
attorney OF the company, and President Hurbut and
that in order TO comply with the law in making this Dur
chase the Erie Company leased the Atlantic and Great
Western Railroad so as to make the Cleveland. COlum
bus. Cincinnati and Indianapolis road contiguous line
the Erie. The Enc company now disputes the le-
gaIit Of fIa oh MpIIpnFV.
and he Is also sued for the recovery OF certain moneys
alleged 10 have been retained by him ana appropriated
10 the purchase OF the Cleveland, Columbus Cincinnati
and indianapolis Railroad shares The authority Tor
this purchase the real OF the controversy. As
purpose OF the present investigation Is to establish the
question whether the Erie Company is responsible for
Columbus, Cincinnati and Indianapolis Road. ana
whether the acts Of the executive officers OF the ola Ere
Road Will bind the present company TO assume the pay
ment
for both sides he stated because 10 was not yet de
temined whether the issues, when finally made up,
should be tried In chancery by jury. and IN either
by the publication OF the evidence taken In England be-
fore the referee or 10 be taken IN America before com
missioner. When Sir Edward Watkin, chairman OF the
English BOndholders Committee, stated that suits had
been 6rought aud attempted to explain what was beng
him and threatened 20 apply injunction n he did not
tIce being that facts evidence in shall be
given 10 the public before jury Is sworn TO Try the
Commissioner Archibald will not begin taking evidence
in the Mclienry suits until next week. and II IS under
stood that the witnesses will be examined 40 the Office
OF the British Consulate, aud that one VIII De adj
mted 20 the sessions except the Consul and the witness
under examination. Nj Jewett aud the railroad com
pauy will be represented by SIR. Kirby, Of the London
law firm OF Ashw0rth, Morris Co; W A. Beach, Judge
Shipman and W. W. Maclarand, OF this city.
In tho suit of Hugh j. Jewet receiver, and the Erie
Railway Company against the London Banking AssO
citation for e220OOO sterling tSl OOOO the Master OF
the Rolls selected l. Y. Lee London barrister, as n
commissioner 90 take testimony m America THIS was
begun by the examination OF Mr.. Jewett 3 l.. VI. Bar
low 10 be examined today In this suit, III. Parkn-
Sharpe Is chief counsel OF the London Banking Asso
citation, OF which lac IL a director.
Commissioner Archibald has no authority 20 compel
the attendance OF witnesses, and unless i. H. Watson
who is Ashtabula and Mr. Shcarmun, who ~ at Ellen
dale MI accede 20 the request OF the Commissioner
and voluntarily come forward 10 testify, their evidence
cannot be secured.