The New York herald., 1878-09-17
[sY TELEGaApH TO THE HERALD.]


DAvIrS.
[BY TELEGRAPH TO THE HERALD.1
NEWPORT. X l., Sept 16, 1873.
To-day in tho Supreme Court being held In
this city for Newport county before Chief Justice
Duree and associate Justice Natteson, the case Of
Isaac p Hazard and others against Thomas c. Dursnt
and others, involving over 81 000 900, called on
motion OF the respondent. Mr. Durant, TOR iDs,ruc.
tions to the master to exclude parte adavs upon
the reference heretofore made. This case has been
pending in tho Supreme Court OF Rhode Island for
the past ten ycara. The complanauts arc various
stock olders OF tho Credit Mcbihsr Company,
represented by Hon. Rowland X. Hazard, OF Peace.
dale. II. l., ono OF the most wealthy manufacturers
in Rhode Island The principal defendant Ia Mr..
Thomas Durans. who was formerly President OF tho
Crcdit Mobilior Company and Vice President Of tho
Union Pacific Railroad Company. The Creat Mobilisr
and tho Unon Pacific Railroad Company also Joined
as defendants, wo as the trustees of tho famous
Oakcs Amss contract Tho bill charges various
frauds against Mr. Duraut, which are how
ever. wholly denied by him In hts answer
which no has made several efforts 10 fle
all Of which, however, have been defeated by
OF the fact that he adjudged carly in the sut
have boon guilty of iechnca contempt Of Court IN
selling bonds which tho Court had enjoped b I'm from
selling. The case is one well known Throughout the
country, involving all the subject matter which was
Investigated by tho well known Wilson in
vestigation committee on the part OF the
tiopal House OF Representatives, and the Po-
land committee on tho part Of tho United
States Senate. The readers OF tho HERALD viii
remember that Mr.. Durant the respondent, was
arrested writ issued out OF the Supreme Court
Rhode Island, at The instance OF Mr.. kowaud G. Ha-
z1rd while he (Durant) WAS visiting Newport in his
yacht in the summer OF 1885, and, after severe and
memorable tussle between his sailors and the New
port police, the Inter succeeded In lodging him in
jail from which he was subsequently, released upon
giving Mr.. John N A. Grsw0ld and the late Mr. Dex-
tor Bradford as his bondsmop The motion was argued
this morning by Colonel samuel H. Honey and Mr..
Abraham Payue for the respondent, and by
MI. Francis B. Pcckham Jr, and ex-Judss Bradley,
for the co,npanans. The counsel for she respondent
claim that tho reference the Master having been
made for tho investigation OF tho gss Of the contro.
versy. which IL tho subject matter si ordinary
reference TO Master, tho rule OF the United states
Supreme Court and OF the Supreme Court Of this
State allowing tho OF parto aI1davits, ought
not 10 prevail nor that tho evidence adauced before
tho Master should be the samo as that which would
havo been produced before The Court itself had she
hearing been bad hetoro instead OF before the MAG
ter also that tho rule apovs rsfcred 10 related rather
- the taking OF acc. untA
Tho counsel Tor ths mpla!nant Ion shs other hand
maintained thst tho practice Of using parte ali-
davis In all cases OF equiy has only Of recent years
not 10 DO modified in any respect In the present
Prominent members oi the Bar appear TO think
that IL tho present motion OF she respondent (Du.
rsrV should prevail the suit must como cnd Tor
lack of ability on the part OF the compainants 10
produce the witnesses IN person by whose evidpn CO
tho allegations OF the bill could bo maintained.
The Couft reserved It's decision.