The New York herald., 1879-01-07
THE COURTS.
Another Litiglous Chapter in Western
Railway Enterprise.
MURDEROUS HUSBAND.
The Iron Clad Contract Forced
on Car Conductors.

Judge Van Hoesen. of the Court Of Common Pleas.
yesterday rendered decision the suit brought by
j. Marcus Boorman and the Pacific Railroad Com
pany against Andrew PURGE and others. which came
before him on motion to set aside an order to ex-
anime the defendants before trial. The action is
brought to recover alleged excessive prices paid for
800 shares of the Pacific Railroad stock. which he
purchased on the faith of certain representations
made to him by of the defendants. there being
also allegations of fraud against the former direc-
tors. where the papers present good grounds"
Judge Van Hoesen says in his decision for believ-
ing that a railway company has been wrecked the
wisest scope should be given to stockholders who are
attempting to unearth the frauds committed by the
faithess directors 1t is due to the administration
of justice however, that the courts whose aid is in
yoked should know that those asking for it's process
have been injured pecuniarily by the wrongful
doings of the directors. The law is for the redress
of grievances, not for the profit Of free ances. II
the directors of tho Pacific Railroad Company did
frauduently bonds and fraudulenty dispose OF
them they are answcrable to the company or to tho
stockholders individually, if the company, still
nnder the control of the plundcrers refuses to
them. If dividend was declared by the company
che stockholder becomes entitled to it and may
maintain action for it against the company.
II the directors wrongfully divide the capi-
tai ta falsely pretending isi .a that IN i'd, doing n 50
they answerable for that act and stockholder
really aggreved, bringing his action in proper form
with the right to champion the cause of the corpo
ration will be entitled to all the advantages which
examination before trial Of the delinquent directors
will afford him. 1t is possible that the plaintiff would
be entitled. il all the facts spread upon tho
record, to such examination of the defendants in
this case II the defendants did commit any frauds
while they were directors it is of no consequence
that the property OF the companies has been sold
under foreclosure, and that new company with
once belonged to the plundersd corporations. make
these observations that it may be understood that
where proper case Is made out shall be in favor
of giving the widest latitude to any examination of
the defendants which injured stockholder in
proper action against fraudulent directors may apply
for. In the plaintiffs affidavit he says that his action
is for recovery under chapter IL, part l. Revised
Statutes An allegation Of that kind is worthless. 1t
neither shows the nature OF the action the sub
stance of his right OF action. further allega-
ton is that the capital stock Of three COM
panies was Withdrawn or divided. What right
the plaintiff has to complain of the misuse
of the capital stocks Of the companies Of which he
not shareholder does not appear. and the division
not alleged to have been unlawful or improper.
Another allegation is that certain improvement in
come and third mortgage bonds Of the Pacific Rail-
road Company were issued What injury such issue
did to the plaintiff not shown In fact, except the
allegation that the Atlantic and Pacific Company
refused to carry out lease -, OF the Pacific
last named company and its stockholders, there is
nothing that charges even by implication, q breach
of duty of contract upon anybody. All the ale
cations OF the affidavit may be true. and yet
ton could be maintained against any of the de-
fendants. The affidavit utterly fails to state either
the nature of the action, the substance of the
OF action or the substance of the judgment de-
marded." The motion to vacate the order is there
fore granted
WALTERS ATTEMPTED WIFE MURDER.
AS will be remembered, on the 20th of April last
Helry III. Walters went to his wife, called by
OF her friends Blonde Annie,' at No. SO Stanton
street. where she had gone to reside with her sister,
Some angry words passed between them
when she ran into the street, pursued by
Walters, who, overhauling her, drew a razor
and cut her throat, the result Of the
attack being frightful wound Walters then pava
did not cause his death. Man and wife were sent TO
the Chambers Street Hospital and recovered. While
under treatment Walters tried to escape, but was
caught by the watchman at the hospital and sent to
the Tombs. His trial assault with intent to XIII
repeatedly the calendar OF the Court of GEN
eral Sessions. His counsel, ex-Judge Curtis and Mr.
Edwin NJ Fox, on his behalf rendered a plea of
guilty OF assault with intent to do bodily harn and
many aflioavits submitted setting forth that
the prisoner of unsound mind and not RESPONSE
BILE any act he had committed. Recorder Hackett
i'll vigorous terms, declined to entertain any such
proposition holding that If insanity claimed as
u defence it would be unwise to receive plea of
guilty. His Honor added that such plea could not
be allowed, and that the question one for Jury
to determine. Assistant District Attorney Rollins
suggested that the plea having already accepted
and recorded, could not be withdrawn unless at the
request of the prisoner. After discussion the
original plea was again submitted by the prisoners
counsel and Recorder Hackett sentenced Walters to
four years and three months in the State Prison. The
prisoner has already been nine months in Jail.
IMPORTANT TO CAR CONDUCTORS.
In order TO the position of conductor on the
Second Avenue Railroad the applicant Ia rauuired tn