New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-04-06
THE ENDLESS ERIE DISPUTES.
REBUFF TO ROOT AND ARDEN.
nlNR III

REBUFF III kOOI AMI AhDENs
THEY ARE POLITELY SHOWN THE DOOR IN TIE
SPENCER HEARING-rHE FOWLER PROCEEDINGS
The hearing before Referee Spencer, of the
objections made by persons in the matter OF pay
ments by Receiver Jewett of the Erie Railway, was re-
sumed yesterday morning. There the usual large
attendance of counsel, among them Luke +. Cozans,
representing the State Mr.. Atterbury, for the
receiver; Mr. Bacon OF Buffalo, for the Erie Railway
Company; Mr.. Henshawe, FOR the Farmers Loan ana
Trust Company; Elihu Root and Henry Arden, repre-
senting judgment creditors.
At the opening Of the proceedings. Mr.. Hensbawe
asked, through the referee what creditors repre-
seDted by Messrs. Root and Arden. After delay
Mr.. Root stated that Mr. Arden, the attorney OF
Messrs. Emot Burnett & Hammond, represented the
creditors Zacgel and Talbot and that he orr. Rool
peared 70. Albert Betz Moritz Levin Borchard and
Jules Levlta
Mr. Henshawe then objected to their appearance, and
prc 'uccd assignments from the Judgment creditors
Zaggel and Talbot, to Herbert b. Turner, senior
counsel to the Farmers Loan ana Trust Company,
ana assignments from Herbert b. Turner to J. 4.
Waters, ir. lie stated that he appeared as coun-
sci for Mr. Waters. and asked that the names
OF Messrs Root and Arden counsel for the Judgment
creditors be stricken from the records Mr. Root claimed
n right TO appear by virtue OF the order OF Judge
Daniels declaring that he still represented BOFchard
de Bez ana Leya. In reply Mr.. Bacon said that these
creditors produce evidence that they owners
OF bonds OF the company.
Mr. Root urged that there already sufficient evil
dence OF this fact, and remarked that every attempt
made by creditors others TO examine the receivers
accounts had been stined. a long argument followed
between the counsel After Referee Spencer dely-
cred written opinion denying the right Of
appearance OF Messrs. Root and Arden. Motion
then made for the postponcment OF the proceedings
Ia the accounting until returns could be received from
the foreign Judgment CREDITOR This motion. after con-
siderable argument, also denied. Mr. Hensu9we, as
counsel for the ssnee Of the judgment creditors, Tor
whom the objections originally prepared, asked
leave 10 withdrew them for examination. This was
allowed, and then he questioned the privilege OF
Messrs Root aud Arden 10 remain in the room
which the months Of December, 1877, and Janu-
airy. 1878, were taken up The depOsons OF Receiver
JeWct, Treasurer Shearman, Auditor Little, cashier
Spencer, Augustus stein and Charles J. sdwtel were
taken before adjournment. II Il understood mat the ac-
counting of Receiver Jewett viii be concluded without
further objection
THE FOWLER MOTION.
Isaac Fowler obtained recently, holder Of eleven
shares Of Ere preferred stock. order from Judge
Davis giving him leave to examine the books After his
examination had proceeded to some extent the order
| was vacated. He then renewed his motion ON other
grounds and this motion % have been argued yes
terday before Judge Donohue. Council Tor the Erie
/ Railway hal prepared aiidayits 10 show that Fowler
was not acting good faith but IN the interest oi james
Mrlienry but the motion Was adjourned over on az IN
drrsandng Judge Brady should settle an order HlIn
lar terms and limitations 10 thai entered ON the APP
pcon of de Uetz and others to make The examination
before referee ana that such examination rhOnd pro
possible coniempora1e0usly Win Tie dt
Betz proeeedns IS ~ Dann,pi appc,nr,n 20, we PEI,
erOn and r. Eaton for the Erie BnlIway Coin
pany aud Hugh J. Jcwctt