The New York herald., 1878-01-11
THE ERIE WAR.
Formidable Answer of the Defend
ant to the Suit.
SPICY CORRESPONDENCE.
Lawyers Replies to Several Somewhat
Personal Attacks.

In Supreme Court, Chambers, before Judge Daniels,
yesterday, sthe presentation Of additional aldavts
and hearing OF arguments In the Erie Railway suits
were continued. Mr.. Mcfarland, OF counsel for the
defendant resumed the reading OF the answer OF the
railroad company In tho matter OF the petition OF
James Nchsnry. The document In question, which
was signed and sworn to by Augustus X. MacDon-
ough, Included copies OF several communications.
some OF them marked "conndentiai," written by
John Livingston, OF New York; Charles McHenry, OF
London, and others, all bearing on Erie Railway
matters.
''PLEAsE SEE BARLOW"
Under date January Is, 1877, James McHenry writes
confidential letter to l.. J. woodman, Now York, In
which he says
Please 500 Barlow and ask him to give me an absolute
the E!iso dispense sapss,s..ioa Of shares
u Barlow VIII give satisfactory assurances that he win
with he did q the Gould matter: wi hon l.! him
positive manner that will not bo msed by entering into
On Decsmper o, 1877, John Livingston writes to
Elihu Root as iollows:-
have doubt of the fact that these McenrySlckles
- , Ss G on n ad 1es,s ss GU Ss seT
their contests. Jewett being BY far tho most
spectacle combatant
Again ON December 90 1871, John Livingston writes
to Receiver Jewcit, snying:-
Whatever transpes OF confidential secret nature In
70 .. one ~
nent to your 50 tar have been able to
w,hou. tho TACT Seco%ins Known HIM
s sssS eomdeu
toanded how they could haye been divuged tell
Be- sem.~here bribery
ana his n 1 T. and sss S 70
and Great Western upon tho Erie TO relieve himself md
ssnfn 81
i4s ssy s as %uen
opposed TO II as to the fraud that could be per
impOsser.
From London, undor date September 20, 1871 James
McHenry tho following communication to John
Livipgston:-
have yours Of the 7th and 9Th and obliged for
information therein contained send copies Of recent
under covers You do not appear to
himself IN communication with you.
In letter marked private, to II. Jewett, and dated
October 20. 1877, John Livingston says-Proxies
already coming to me from New York shareholders;
but, ignoring and forgetting the past and considering
the danger TO be apprehended from the most brutal
aud INSCRIPTIONS Atlantic and Great Western element
now NOISY and prominent among us, shall feel It
my duty, last year. 70 vote for you ana your
board, provided (under the promises In mine OF the
was takon away by your order OF I'd inst"
ERY's ANSWER
The answer OF the Eric Railway Company proceeded
to state 'tnat James McHenry and hts conicderates
have spent large sums Of money IN tho purchase OF
proxies with viewao control elections and iraudu
ton dcd 70 tho to be the
oi majority OF It's shareholders; that the said Nc
seeking 10 persuade tho Attorney General OF tnts
State by also and fraudulent represen lati0ns and
70 o bs psopo Of tho State OF New
York against this defendant Notwithstanding the fact
that the predecessor IN occ OF the prescott Attorney
General well knowing all tho facts and circumstances
decided, on full examination into tho promises, that
tho said action ought not 10 be further prosecuted
and thereupon placed hands OF tho attorneys of
this defendant his consent to the disoontinuance
thereof THIS defendant therefore prays that the said
| petition may be dismissed. with COSTS"
ANOTHER AFFIDAvir.
In the matter OF moion on petition OF James
McHonry and an order 70 show cause why he should
not be made party tho suit o the Farmers Loan
and Trust Company vs. Tho Erie Railway Company,
TINS included letter marked s.priva,o'y from John
Livingston to Judge Emmott, dated November 26.
1877 aud which postscript is added, as iollows-
sna @ s%s.s %
the f % Els " sn
When he was about sMng 70 Eurobe, !. June. 1876 he
%s sse e the be
for rsdsn IS Hs sood
don. with wa.kin and otner magnates That was done
as he knew be-, but his object socnred
n"%sy 10 %sa wan. sGsf ss0n and shas
barlow yet that Jewett than either
adGs this assertion Barlow ana Jewstt
| tended quarrels among these men.
| Whom the reading OF the aforementioned affidavit
| had becn concluded John Livingston addressed the
Court, stating that he would hko to prepare and file
an affidavit IN answer certain charges against him
| In tho answer OF the Erie Railway Company. Henry
| Arden another lawyer, requested the same permls-
sion OF the Court, which granted In both cases.
General Burnett hero arose, and. having stated that
| certain allegations, also In the defendants answer
| had imputed TO him unproessional conduct. asked
leave reply 10 them In open court, and requested
the stcnographer to take down his remarks that no
| might verify thom OATH He then proceeded to
| plain his former connection win the Eric manage
me IT. denying each aud every allegation the ain
dayi alluded TO- and stating that ii explanation
should provo strictly ruo In all respects he would
never again open hls lips in a conr, OF Justice
When General Burnett had finished General Sckles
stated to the Court that charges had also been
against him In the Same relation These charges, he
said, wore untrue and he unxious 10 explain :ho
| natter lie said It was his intention to have drawn
up affidavit on the previous evening for the pur-
| get the necessary documents Ho wished It under
Stood however, tnat he denied each Of the allegations
maue against HIM in tho answer oil tho Eric Railway
| THE FARMERS LoAy AND TRUST
Mr. Turner read tho answer Of tiIe he Farmcrs' Loan
| and Trust Company, trustee. Va. The Erie Railway
| Company and others, which, among other matters,
set ortn IN reply to the cnorgcs made In the potton
| Of james McHcnry, asking Tor tho removal OF Re-
| ceiver Jcwett:-
any specific acts of imprudcncc. dishonesty. waste
pn toward in said pson the psniG would have been
able to answer of Its knowledge nlly and
specifically inasmuch the plaintiff has. since tho
pein,msni Of the said receiver under tho mortgage
| premises carefully examined into all and singular
| The acts doings OF the said roceiver that
| us to the allegation contained in the said
petition that the said petitioner others similarly
ntcd have opportunity and examine tho
said the OF his
ditures the proprety the liens and
that their Interests have been in that respect neglected by
the only marty this who could protect them,
namely the panf the plaintiff alleges and declares that
every of the allegations utterly aud
| mniicousy false
An affidavit OF j. A. Davenport, attorney-atlaw for
James McHenry. In New York. the matter o the SUIT
OF the Farmers Loan aud Trust Company vs.. James
McHenry and others, was road by Mr. Green. In This
tho depoucnt sets forth his belief IN the sincerity of
| the views OF james NcHenry regarding the present
| administration Of the Erie Railway Company, aud
states that belief Is enforced by the fact that ho
| (McHenry) shows tho greatest possible conii-
dence In his claim against that company,
and has refused 10 give any serious consideration 10
certain suggestions which have been MADE looking
| TO "a compromise OF his clam o svttiemeDt OF