New-York tribune., 1879-12-19

iect. 4 talk with one of the counsel conduct
Ing the suit against Nj. Tiden and others
is given herewith. 1t is still expected that
Mr.. Yuden. will settle the matter and hat the
case Will not come 60 trial
PRESENT POSITION OF THE CASE.
The settlement of the claims by the 81. Louis.
Alton ana Terre Haute Railroad against Russell
Sage and against the estate Of Robert Bayard. and
the reports that samuel j. Tilden and Charles But
ler might also be expected 10 pay up. attracted
much attention yesterday Ex-Governor Tilden
was met downtown by reporter Of THE TRIBUNE
Nj Tlden seemed 10 be ENJOYING fairly good health.
although ms step was not brisk ana his face was
flushed with the small amount of exercise he had
been taxing. He spoke OF the changes he had made
in his coulCry residence. he was asked by the re-
porter
Governor. have any negotiations been author
ized by YOU looking toward a settlement OF the
claims made against you and others by the 81
Louis Alton and Terre Haute Railroad CompanyT
Governor Tiden hestated moment and then
said. almost in whisper: Il would prefer that 1t
b. considered that ) you had not asked the Ques-
ton
wrAr rHE COUNSEL FOR THE COMPANY SAYS.
Adrian Van SindeTsn, one OF the counsel for the
railway company. was found Yesterday at Ms Office.
No 81 Wa.l-st. In answer 10 a question whether or
not auy negotiations We're in progress for settle
ueut Of tHe laims against Mr. Tildeu and Charles
Butler Mr. Van Sinderen replied:
"No proposition has been received either from
SJ TIldcn or Charles Butler looking toward a Sci
Element of the proceedings begun against them in
February. 1876, on the part of the railroad COM
pany 10 f,r - the Purchasing Committee 10 an at
counting. 90 enable the company 20 discharge the
debt, ol tle new corporation. Negotiations have
been initiated for a settlement on the part
Of Mr. Batter. but they were dropped. They
were renewed. bur hardly know whether they are
ueniiug now or not There has been no formal uo-
tiee o. thaf effect So far as Mr.. Tiiden is cou-
cerued. cannot say that any negotiations nage
bee begun with him looking toward settlement
OF h. liability. The executors of the Bayard
estate COMPROMISED his liability Ivy the pay
ment OF 100000 in the companys bonls.
Russell Sge X Co. paid the same Mr..
Bayald was always very frank about the
matter. Ie has told me on many occasions that he
was wiling 20 turn over the bonds when it was de
ciied 40 any one had better right 30 them than
he laI. The bonds turned ovc- by Russell sage
and the of the Blvavd esit,' were 10 per
cent equipment bonds, with three unpaid coupons
o. and thfre are two not yet dua TIE bonds have
face value of 81 25J each. ard there were
$500 300 altogether Issued. Toes bonds IL 4
due next year. AID unless -ure lder'd 'he
company would have 20 issue others 90 make them
conducted ou the part Of rte company and IT'S conn
sci on the ground that IL W. went any further IN
The sett.emcn. the entire remaining liability mast
be settled nj one stroke
MIR ULDEN KEEPS IN THE BACKGROUND.
gent leman W ho is thoroughly c0uversaut with
the case said yesterday that he was convinced
that IT would never come 20 trial. He be-
lieved that the positions OF Messrs. Iilden aud
Butler were almost Identical and that the negota-
sf f.ft .aH.t lfgIr in lie in
terest Of Mr. Tilden as of himself He had also uD-
derstood that a motion which was noticed last week
on the part OF the decentralization and Butler
for leave to serve an amended and supplementary
answer hal been twice adjourned at the defend
ants reqpcst and that looked little as L they did
not intend altogether 10 depend on the idea Of SET
ting H. ease before trial
Charles Butler was found az his Office, No 90
Williams. he declined 20 say anything himself,
but referred the reporter 10 hs counsel. john y.
Whtnr Of No. 6l Wall-st. NJ. Whining said;
"What has led to revival OF tie
rumors concerning the al ycd negotiations Is
the action Of Judge Blatchiord IN appointing
an extra term OF the United states Circuit
Court now in session That led 10 active rrepara-
ton on the part Of the defendants. We understand
that Mr. Slre has made some sort of % settlement
upon what grounds we do no, know. We do not
suppose IL was. under the advice Of counsel. upon
the merit of the case. but as the price Of peace and
owln 70 his encrossing engagements Of other kinds
preventing his attention 20 this. The principal ac-
tivitv among the defendants recently has been
in preparing for trial. motion has
been made to amend the answer and IN
case OF SD much complication and ntucacy great
deal Of consultation Is necessary, more particularly
asit happens that all the original counsel IN the
case have by reason Of iluess and her personal
reasons been unable 10 continue their services. ana
ouflOHDt
few weeks
Are any negotiations in progress looking toward
settlement :"
There are none as yet, nor am | advised as to
what settlement would De made by the remaining
parties n any is made. so far as am advised a,
all % viii De founded The state Of health and
the engagements and other more important dnties
O. the parties, one Of whom has been III impaired
health for several years past; ba, do not believe
any tang BILE or formal negotiations have as yet
been even begun. The suit itself Is for an account
ing simply by the defendants alleged trustees.
ana substantially all the questions involved IN IL
are questions Of law. The action remains IL form
against all the defendants"
" DO YOU represent all the defendants 7
q No; Mr.. Butter only" . - N,
The counsel tor Mr.. Iilden are Francis W bangs
and Nessrs. Knox & MacLean. They declined 70
make any statement with reference 10 the l"''oi'
ORIGIN OF THE SUI.
The directors of the St. LOUIS. Alton and Terre
Haute Railroad Company IN June. 1875, appointed
q spec,al committee consisting of Thomas Denny
John :. Barnes and William Bayard Cutting, to
investigate the charge that the Purchasing
Committee had withheld large amount
Of the company's securities. Robert Bay
ard chairman Of this committee, replied TO
a request by the special committee for an