Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1879-12-09
= straw Rouzs Case,

The csso Of the Florida Central Nliroad. sp.
peI!aut. vs.. J. Frederick Schultz ct al, camo
up in tho u. s. Supreme Court yesterday af-
tcrIoou on notion of the appellecs to dis
charge the dor Of supersedess recently grant
ed BY Justice Bradley, and on another motion
OF The appellant 10 have new bond substituted
Tor tho cue previously cf;red, aud o new order
G! supersedess granted.
The case, as stated by counsel for the appel.
Ices, Is briefly as follows: A dacree directing
tic sale of the Florida Central Railroad was
catered tv Justice Bradley st Jacksonville,
Florida, May 81, 1879. From that decree an
appeal wa: taken in the name OF the company.
lho amount OF the hord was fixed at 100000,
AMI bend for this sum Was subsequently exec
cu!td IL NeT York city by five persons, all
purporilog to be inca CT property. The bond
VA; delivered to Justice Bradley by Mr.. L. En-
sic, the president of tbe railroad company, and
was approves by him IS q surerSe0eas of The
decree he had made. This bond, it is alleged
hy counsel for the app:l!oos was worthless and
fraudulent; the sureties upon it were rr0tst-
sonal straw bondsmeE, and their afi lavits as
| to property owned by them wero sheer PERU.
| ms. OGe o: them, 1t is ssierted, WAS under
sodctmcD! Tor forgery in powers Of attorney to
COLLECT Interest upon registered bonds; one was
| IL jill Tor dsb:, and uosatsiod judgments were
i0ucG !cr small! amounts against several of tho
Others. The persons charged with com2!icity
| 10 tbs procurement OF thi, fraudulent bord arc
Dir. IL Eagle, President of the florida Central
Railroad Company; i. u. Baync, a prominent
has kor and broker OF CT Bfcai street, Nsg
lork; VIM. N. Cromwell, of the law firm Of
Sullivan Il Cromwell. ard Wesey L7op, az al
torncy, OF No. Beekmau street. Lyon, who
was directly employed by Cromwell 10 proour-
| Ing The surcil s upon tho tond. is charged in
ouc OF tho aftidavits submitted by counsel for
the appelIecs with berg "by common yepute q
notorious spindler, professionally engaged iu
| the business OF procuring false and fraudulent
bends. and at one limo an inmate OF The Tombs
on charge OF grand larceny" Tho tureties,
It Is alleged, rtc:ivid from Lyon 10 payment
Ter thclr services as bondSmeu SUNS ranging
trcm $40 t. Sl2j. Upon this statement of the
case, supported by mary aftidavitl, counsel for
the apncllscs asked that The supcr3edcas bond
| he vacatnd on accauut of the fraud, and that
the moion OF tho appellant for tho substitution
OF new bond and the granting of new order
OF surcrscdeas DO denied. sinco to grant it would
to TO ctlnr rroA ian upon this kind OF dis.
honesty.
Counsel for tic appellant wsivcd discussion
AZ to the Snliinenry Il tho supnrsedcas toad,
| They derry. however. That Mrfs!s. Baynn
L. EaHla ahl Cromwell intend3d to procure q
fraudulent bond or had any knowcdgo Ct it
fraudulent character, and. IN support oil thi:
denial, submit tho dispositions OF tho three con
tIomou accused, together with aIhiavits from
Inc Governor OF Florida, the Chief Justioo and
several associate justices and tho Attorney
Gincra OF hat state, testtying 10 Mr.. l. Eoglo'
integrity; also, ahdavis TO show that tho state
monts oil Hunt, Pagan and Williams, as tc
the completely Of Nes,ra. L'Eneso, Bayno anC
| Cromwell IN tho alleged fraud. woro false arc
pcriu:cd and were sold to the appcIloos. FINALLY
counsel Tor tho railroad company, although ad
lnilting The insufioicncy OF tho security at the
time tho bond was executed, assert there is nc
evidence to sho~ that Mr.. LEaglo, tho Prosi
dent OF the railroad company, was cognizant Of
II; aud n tho supcrscdeas bond is vacated. the
| appellants should be allowed, o. matter Of
| nsil1r, 10 substitute new one.