New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-05-07
,,.<u,TT,V RECEIvERsHIP.
THE MANHATTAN RECEIN EI.o,i, sw,yxr
y D pr,p BEFORE THE JUDICIARY coNNITihN--'N'
ms WITNESS.

llli 49,, ,,-.os,s LETTERS TO GENERAL sWAfNt
49, nvroRr TIE JUDICIARY CoMNlIlAN--'-
cor1DAs WITNESS -, ,ssom-
.~,,sation. at the session OF the 80. -,
+,..t.rv Committee yesterday were .N' , -, 81
t,b. corrcspondence between Justice to,a ~ the
|oral wager swayne. of counsel Ior Tue ~, To-
-. paurav Company. and the appearance u '"'
-, "a a witness The room was wei nleU "''N
" =, a.. esnscially go while Mt Gould WAS slNiH-
.,o,v The other Witnesses examined were uon-
a., e,avne A. l. Hopkins. one OF the receivers VI '"0
,,abot-au company. and Frederick l. NestorooA' 'No
cousin OF Justice Westbrook A notaoe ie"''40
y, +he proceedings was the little crosse1aiu'n"'i'"
.,e bv ex-senator Hamilton Hsrrs' rep'0''',-'-
- westbrook and W. b. kuggles h''H-
80 Attorney General Ward shortly before
do. RECESS A-semblymau 70 Osevelt who mn"
- en-, r.sonltiona in the Assembly for the beginning
~, cha investigation, came in. EH-Attorney -DeneI"4
s,,s .cboouuaker also was an interested spectator
$50 mart Of the time. aud toward the close OF 'ne 'e7
s,re ,nre Of Russell Sage was seen III the OUT
Skirts o. the crowd ,., ,r.. ev,,,tnad At
cc,ora. -wavue being recalled. was examiner At
- 8 T. .tetson Of counsel for the committee
lid ord 10 bis previous statement that Messrs Iouu'
e,l rll control ed about three-quarters VI MS Ie-
rt,sres- The witness testified as TO MS connection
- .orns.l with the MINER n railroad properties IN
which NJ could i- largely interest ell ana VIII the west
49,. r-,,or rel.-raph COMPANY lie I'D very little legal
Iu-fuf
49, NJ could lie was not Mr. G0uld's pr
o,onrse, however: A. VanderPoei held That reia-
-. ,f- Comb The witness had occasion 70 see Mr..
Gond one, OF week for purposes 81 consultation
during the stoucr OF the Manhattan reccivershp
Vavnr established these facts M setson PIT IN evi
dence bulky mass " copied correspondence between
General sgavue and Judge Westbrook All the letters
. carefully COMPARED with the original ones which
General SyFsrne held in his BANDS anu then the eSaInna
ton Of the Witness was resumed
p1ssEcuNG JUDGE wEsrBRooK's LETTERS
ur -tet-on-Now General. you have previously testi-
f III reply 10 Senator Harris that You saw nothing in
The acts a. Judge Wesbrook consistent with the be
hayior of wel-regulated Judge" After scanning
this correspondence are you stil. OF that opinion
General Svavne-I spoke with a full knowledge Of
That corr, spoudence.
MI stetson-Have you ever known before or such
series Of communications as these
General swavne-The sam Of the matter Is this Judge
westhrook wanted consider AL the questions involved
in the Manhattan receivership, and be considered the
receivers az officers Of the court to whom 1t was proper
10 20 for inform iton The correspondence not more
unusual than we're the circumstances Of Tue case
Mr. stetson read the following telegram Of September
l. 1851, from Judge WestbrooR 10 Dillon Swayne the
firm name OF the Law partnership between General
swayne and ex-Judge Dillon. who was one Of the Man
haitian receivers
SHAH be nome and ready to attend TO your
Application for Marhat tan.
New-York Elevated Railroad Company for the restora
ton Of its property argued before Judge Westbrook
az Kingston M setson read the following letter from
the Judge from Kingston. General swayne, dated
september T. 1851. The word personal was written
az the Tor o. the Oti cia lettcr-hc ad.
A. the coGnscl for the receivers OF The Manhattan Rail-
Company regard you a. dD'cHs c'u7@ ana want
you n said esterday TO De present on INC Toilol'
which believe Is week from tomorrow. We Ger
tanly have no feeling except to obey me law ch ana
right the same We VIII hear Dol 5des anu decide
mpartiay. II. let me suggest the Manhattan COMPANY
have an make 10 the Attorney Generals SUIT
should Il u0t be made before the molten Is heard so that
II NAV appear there real issue 70 be t1ed should
also the claim bc made that the Manhatan 70 has
a counterclam TO the shape Of unpaid stock
lit is thought that this demand is legal one should it
not be presented
There il the following postscript TO the letter
The win. Of course. appear in action of Bos
ton and submit their rights 10 court even they
don't take active part IL litigation
The Boston man - was Mr. Watson. who began
sit TO recover the amount OF the $4,000 600 Manhat
tan stock issued the New York and the Metropolitan
Companies Referring the letter of September T. Mr..
Steson asked Here the Judge suggests TO the counsel
for the in personal letter several answers
which might be put in this important case IL there
anything unusual in that ~
u am not an expert" replied General swayne.
don't know that ever beard Of such thing before"
M stetsou-is II not extraordinary for Judge TO
suggest prYatey 10 one counsel answers IN case which
might defeat the petition OF one Of the parties 10 the
and which answers, being made this gestOn,
really did defeat il Ought not Judge Westbrook
have sent copy OF his letter to every one OF the counsel
interested
General swayne-I can't say Here was corporation
arralgned al the Of the for insolvency. He
discovered that powerful interests Of the lessor compa-
Mes taking active steps destroy the Manhattan
and hurt many innocent stockholders At the me
the company tseH taking measures OF defence.
60 the Court directed Inc receFers 10 make strenuous
defence.
The said he invited 80 10 the Kingston
hearing Septen Der II, ISL, argue
Of the NewYork Company but 70 give the Court advice.
views" In response 20 questions he declared
that he did not consider that he appeared counsel in
the He did not know whether not Judge West
brook hsd knowledge Of his the witnsss Relations
Jay Gould
LIGHT WANTED BY THE JUDGE
Nj setson read the following letter from Judge West
brook dated Kingston September 10, 1851, General
swayne, and also marked personal -:
II understoOd that we're 10 be served 20
the correspondent between Hopkins and the presidents
Of New-IOrk * Met. roads. Let me suggest
Let what could be the effect Of the increase Of fare and
"a what has been the increase IN receipts based upon
returns OF lie past two aud 3D. what has been the
growth OF New York year during the past yeArsthat
portion winch the roads drained
IN determining whether Manhattan IL or is not per
manenty bankrupt these elements must be taken into
account
These statements should be prepared with some care
and would IKE the statistics TO be furnished esti
macs Sna opinions as 10 tne ,dIure " ooIPeten' per
and fIch da.a will BE- Of immense service not only
hli hereafter in all future litigation and negotiation.
.h"" not what ths investigation will snow hui want
We Truth whoever and whatever 1t strikes.
Annexed was this postscript:
IL necessary employ persons to get at this result"
NJ StetsOn-Wnat docs Judge Westbrook mean by the
eA"Fession negotiation -
HeDersl s"syne-l admit that IL not a welse
oed expression. But the Judge wanted AL the data
Las ~oa'd throw Light ali phases Of the litigation
V's The data We're prepared and sent to him pri-
oSoh-s Judge entitled TO act in a case on in
"--on 1ot Known TO al cOunsei Ought one of the
nave any special Information privately con
~ gu " tue court aud unknown 10 al aides
genera sway le-In some insolvency cases tho Court
self 'sHsAuoh OF AL the ihcts MIN
~ letter On September L. 1881. Judge Westbrook
on General swayne for the names OF the Mashst-
nec,en ,s ABOUT the time the hrgstOns