The New York herald., 1878-02-20

THE ERIE SUITS.

HEARING BEFORE JUDGE SPENCER, THE REF
EREE-rHE REcEIvER's SIDE OF THE QuEs-
TIoN.
The case of The People against h. Jewet, receiver
OF the Ere Railway, came yesterday morning before
Judge Spencer IN the company's Offices at the foot OF
Chambers street. Mr.. Henry Arden, who appeared on
behalf oil the people, inteposed no opjectons-as ne
had not received Instructions from the Attorney Gen
erao the further adjournment OF the matter for two
weeks more.
Mr. Arden also appeared before the referee, Judge
Spencer to represent the judgment creditors Acssrs
W. and G. Zuggel and George Talbot; and Mr. Hen
shaw watched the interests Of The Farmers Loan aud
Trust Company trustees Of the nh mortgages on the
Eric road.
Mr.. Arden objected 10 proceeding any further with
the counting and registering OF vouchers in the ac-
counts because the items belonging to the different
suits or the parties concerned mixed together and
not shown separately as he claimed they should have
been From an inspection OF the accounts II appears
that thcy embrace all moneys paid in to the receiver
both in the two foreclosure suits and also in the
suit OF the people Of The State OF New York against
the receiver Of the Erie Railway. The reason OF the
objection is that tho fifth mortgage, anec by tho
Bancroft DAVIS suit, which is sought to be
forecoscd properly that Is not covered py the
suits also the accounts cover disbursements
ana receipts relating To suits pending In the states Q!
Judge Spencer had jurisdiction IN those States ne
requested that the accounts should be SO separated
only those items relating 70 ne properly witin
OF the referee covered py the more
cages of the Farmers Loan and Trust Company
should be submitted.
Mr. Q. AtterOury who appeared MS counsel for Re-
ceiver Jewett SAID that the accounts as made up oy
the proper officials those now presented aud he
would stand uy them. They were the accounts OF the
ceycr. he could not see now the separating OF
the OF the mortgages from tho others could
alter the case Receiver Jewett had expended money
in accordance with the order OF the Court The m0oe
accounting before the referee u the one useu
ana II objections to be raised The Supreme
Court is the proper place to press them.
Judge Spencer snid he had to decide upon the ques-
tiop befure the counting of vouchers could 60 He
had no doubt TO what his decision would De, but
the question was much involved to admit O his
making at tina, moment oral decision which would
bind nm.
Mr.. Aterbury said that II there was any apprehen-
sion the Of misappropration that was dill
ferent affair. He acknowledged, however, that the
plea Jurisdiction Ia certan points should be de-
cided The statute laid uown That the referee could
pass upon such accounts and vouchers as might be
brought before him.
cases that OF reporting to the Court where tho
referee mad been named, upon all questions presented,
render tor tho information OF that Court, an
opinion upon all points objectedto.
Mr.. Arden now asked the referee TO fix a time when
he call for evidence 10 sustain the facts In sup
port OF his objections
Juoge spencer opined that there no need Of his
M ing any decision till II should be made his re-
port
Mr. Attcrbury asked the referee to fix date where.
be named when he might submit evidence in support
OF his objections.
The referee fixed to-day, at eleven O'Clock, as the
hour when Mr. Attcrbury would be heard