New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-03-08
THE COURTS.
,1rrT AGAINST THE GILBERT ROAD.
OPPOSING COUNSEL INDUCING IN PERSONALITIES
CHARGES or LUNACY AND FRAUD.


npposING COUNSEL INDUCING IN PERSONALITIES
CHARGES or LUNACY AND FRAUD.
Tn the hearing yesterday before Judge
rrsednsn in the Superior Court. OF the of the
xou.Eugland Iron Company against the Gilbert Eie-
va,ed Railroad Company, the courtroom was nearly
hare Of spectators beyond persons interested
IN the companies involved and the counsel en-
Gagged IN the suit. OF counsel for the plaintiff
there weto present ex-Judge F. j. Fthian ex-Rccorder
lanes NJ Smith and John Mcdonald while eXJudge
Porter and Grosveuor p. Lowery Of the law firm Of
Porter. Lowcry, soren Stone defended The Gilbert
Elevated Railroad Company, and eX-Judge Ashbcl
Green OF Alexander Green. the New-York Loan and
Improvement Company. Among the spectators were
Dr. Gilbert, William Foster, IT,, aud jose f. Navarro
.epreseutmg tho defendant companies, and L. r. Wig
m president Of the New-England Iron Company.
The proceedings were marked early in the day by
HARP alteration between cx-Judge Fitbian and Mr.
Lowory OF the opposing counsel. The examination Of
Edwin H. Hewins, the engineer OF the plaintiff COM
pany had been resumed. To n question asked by eG-
fudge FIthiaD whether he did raise mopey on the
SECURITY OF tho business for the purpose OF carrying OUT
he contract instant objection made Judge Freed
nan ruled that the company had already proved by
,rma facle its ability fulfil the contract, unless
I should be controverted by later testimony.
Rnt Mr.. IOwery seemed not to be content He stigma
hzed the suit as a fraud 1t Is" no exclaimed, the
haud OF unatcs. rot of sane men, Ii lacks what may
Ae
Mr. Fithian replied that he not responsible for
e personal character of the discussion. II there has
Aeen fraud this matter, its very inception will catch
,hsman, Mr. LOwery, for it he who first advised
The wrong: he the first apostle OF fraud VIII re-
bel attacks Of this SORT whenever and wherever made
This man has right TO scmatizc as luuatics men as
zane and honest as himself"
Ex-Judge Porter attempted to explain away the diff
guilty NV associate" he said, has stated our case
with the same frankness that has characterized the OPP
DOS t. side We have heard this serious accuse
lions OF fraud and cupidty On my own part there has
been felt indignation nsiuuatODs mado by one OF the
.ounsel-every question has been discussed by ny
rend the Recorder. in the courteous manner of Jaw
Ter but Fthian appears to conduct the case after
he manner practised IN inferior courts II we are M
1In"rX covered win flowers VIC have learned that in
ms state urge the case OF our clients win frank
ET,Jndce Fthian-" One suggestion"
MI LOwery interrupted the Speaker " have yielded
he floor 10 nay friends, anu wish now to speak my
Mr. Fithian continued: No is surprised
han ] at the character of this discussion For no
nan have greater respect than for Judge Porter but
.e has said to-day things that III justice to HIM
-I my self asa anG expect nOnc-he ought TO retract
b my opening remarks fail to tlnd any personal
Illusions mpugning the character or honesty OF persons
POUND this table have called This a legal fraud--a
Rotation Of contract is lesa fraud IL the nfSI uay
Proceedings a personal assault was injected bv The
hher side and now this morning a gentleman or the
ame side here and says the case Is fraud IRON
Rgnung 20 end and all the prosecutors lunatcs III
AuOiuc he counsel"
MI LoNery interruptngi WAS there any allusion TO
Ounsei 4 -
There was no discrimination in favor Of them. II
he clsm i a fraud and the prosecutors lunalcs, the
Ounscl must partake OF the luuacy."
The examination was resumed finally after peace had
iecn proclaimed based upon an EARNED neutrality
dr. Itwlus was examined AZ length IA regard 10 sew
ral con.ereIces between Mr. Wiggln ana William Eos
er it, aud directors of She Gilbert Elevated Railroad
Company which resulted finally III the delivery of the
dgped and sealed contract He not present when
ne contract signed, he testified, but II was Shown
aim Immediately afterW ard IA an adjoining room where
he saw abe signatures i0it OF The then directors, BOWL
aOyt, Mckcnuv aud Foster, and perhaps Dr. GhDeFt,
Mr.. HCwIls Testified also 20 interviews
leld al the request OF President Foster with AIRED W
SraVcr who the inspecting engineer IN Echalf o.
hr Colu,un the agent OF English capitalists Daring
ne testimony, Mr. Fthlan submitted, from The Original
looks OF record, resolutions adopted by The directors If
he railroad company at meeting fcblujly IL, 1915,
EhCh authorized The execution oil a hiSt mortgage 10
lecure funds the building Of The rOdu. and epOW-
red the president confer With any persons wishing
- contract for the work.
Henry 4. ST. john, q member OF board OF
soilsutng cngueers OF which the other members were
Gcncral j. @ Gilmore and Edward II. Tracy then the
nef engineer OF the CrOton Wafer Board identified the
original plans and specifications upon which the con-
iract was made ana Tie signatures of the eng neerS
he had made the plans consultation win MI EeWlns,
DE engineer of the New gland Iron Company.