The New York herald., 1879-03-08
SUED FOR FOUR MILLIONS.

CONTINUATION OF THE TRIAL OF THE NEW
ENGLAND IRON COMPANY SUIT AGAINST THE
GILBERT ELEVATED COMPANY.
The trial of the suit brought by the New England
Iron Company against the Gilbert Elevated Company
and the New York Loan and Improvement Company
drags its weary length along before Judge Freed
in the Superior Court. The suit. will be re-
membcrcd is brought by the plaintiffs to recover
about sA,OOO00 6Or alleged breach OF contract
under which the plaintiffs to build the
present elevated structure Sixth avenue
and also the proposed extension on the
east side. The complaint also charges
an unlawful combination between the Gilbert Com
pany and the Loan Company, by means OF which
tho contract given to the latter company for
the fabulous sum of $2.lo0,oOo mile and sub-con-
tracted by them for about $S50,O00a mile. The New
England Company claim that through the non-fulhl-
mont of the contract they suffered loss of profits
to the amount of about $4,000 mile. The defen-
tants in answer charge that the Now England Com.
pany had no power to contract and that the contract
was never legally executed by the Gilbert Company
1t is further claimed that the company at
the time OF the alleged contract insolvent and
incapable of performing the same.
Al tho opening OF the trial yesterday there were
the usual array OF counsel present. Ex-Judge
Fithian, James d. Smith and John Mcdonald appeared
tor the plantiffs Messrs Porter, Lowery and Stone
the Gilbert Company and Ashbcl 7. Green for the
Loan and Improvement Company. As the pre-
vious days, the court room was we'll filled by
inent railroad men and engineers, who listened to the
testimony-although dry ana tcchnical-with consid-
cradle interest. There were numerous spats between
the various counsel about the adnissibiiity OF tcst
mony. and Judge Freedman was frequently called
upon to decide knotty questions of evidence.
PRELIMINARY sPARRrNo.
Mr. Hewins, consulting engineer OF tho New Eng
land company, rcsuMcd the stand aud examined
nj great length and in the of wrangle over
certain portons of his evidence counsel engaged In
little byplay for the benefit OF the admiring spec
tators.
.This case Is gottun up without foundation and IN
prosecuted by set OF lunatics," said Mr.. Lowery.
En- Recorder Smith here suggested ho should be
obliged to take out writs of de lunatico nquirendo
test the truthfulness of this assertion.
Ex-Judge Fithan said that the contract was pre-
pared in tho couiises Office aud that II thero were
any evidences OF lunacy or fraud the counsel best
knew where 1t originated.
MIR. Lowery said that tho contract was merely SUBJ
mittcd to them to read over and examine, as wero
other contracts, and that he had nothing to do with
preparing 1t.
THE TESTIMONY OF ENGINkKns.
After considerable more small talk of q similar
nature Mr.. Hewins resumed his testimony. His evil
dcnce relatod substantially to the construction of
the road the factor OF strength OF its Materials its
form, height and width. aud the other contents Of
the plans ana specifications. prepared by himself
and Mr.. ST. John, the consulting engineer of
the Gilbert Company. On his cross-examina-
tion the defendants attempted to prove that
pared the plaintiffs knew that tho building
OF the road was contingent on the obtaining Of
money from certain London capitalists. Mr.
Howins also asked the names of the parties who
were present ut the time OF the signing of the
tract. lac said ho was not actually present ut the