The New York herald., 1878-09-19
MR. JEwETT's ENGLISH LAWSUITS

A CHANCERY COMMISSION IN NEW YORK
STRONG LANGUAGE BY THE MASTER OF THE
ROLLS.
commission appointed by the Master Of the Rolls
to examine witnesses In the action brought by II. j.
Jews,t receiver of tho Erie Railway, against James
McIieury has arrived this country and will begin
ITS work In q few days. The comm mission com posed
Of Mr. Archibald the British Consul at this port, and
Mr. Leo, English Darrster, and IL Is accompanied
by little army OF lawyers anc rctainera
The action oil Jewett va. AcHeury In which this
com mission issued instituted long time ago
to obtain an account from Mr.. McHenry as agent OF
tho Erie Railway Company, he being charged with
using the iu nds at hts command for syndicate pur-
posea rhe matter was before an Official referee,
where II was aliegeo Mr.. McHenry was pursuing a
system OF delay where a year failed file
interrogatories winch were promised. Finally In
June last the Master OF the Rolls ordered that the
threatened should be delivered within
a week, aud wncn they were handed IN they were
found to be 40 vouminous that his lordship COM
Gus abuse OF the practice OF the Court" Mr. Darcy,
OF counsel Tor Mr. N McieDry. said that the deiend.
ant had met with every obstruction in America
aud IN England, aud that the interrogatories
had been prepared with great care Tor the pur-
pose OF ascertaning the functions OF the sxecu-
tive committee ana OF MI Watson. the president.
Tnc Master OF tho Rolls, in cuaracterzing the pro-
cssdings IN this aud similar case brought against
tho London Banking Association, uscd very strong
language, His Lordship declaring that he mad very
strong impression that the proceedings were not
bona tide at is game OF delay, ;" he said-"a game
OF cness which do not allow 10 my Chambers, and
which am determined TO siop" HIS Lordsbip also
used other strong words, as "tricks aud 'devices,u
and further charsctcrized the delay as "monsrous,"
saying, al shall not allow the Court to bs play ed
with this way" and intimang that II tho plaDtlf
took out summons TO strike out the nterrogatories
or take them on the flo he should know how to deal
With them.
subsequently, the iutsrrogatories stricken out
impertinent, and the commission which was
autnorlzed TO examine Mr.. Barlow, Mr. Jewett and
Mr.. Watson Is untranmelled by tue defendants de-
vices IN both cases, that against McHenry snd that
against the bondon Banking Association. In view
OF ali this HERALD reporter called upon Mr. Jewett
yesterday at the Erie building IN order To learn tho
true inwardnoss OF THIS effort at delay on Mr.
McHenry part ''Wo nave brought action against
Mchenry," Mr.. Jewett said, "by which We expect
to recover GOOD deal OF money and ho is
seeking to delay the trial to compel a compromise
and II possible enforce lease when he claims has
been entered Into with the Great Western Railway
Company aud purchase OF Cleveland, Columbus,
Cincinnati and Indianapolis Railroad stock WHOM
he bought on his own account and would now charge
to the company
rhcn this IL not an investigation OF the Affairs oi
the Erie Company" the reporter asked
''No, certainly not" Mr Iewett answered. at is
nothing more than an examinauon oi witnesses IN a
legal proceeding By = commission which was desired
BY both Sides"