New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-05-02
WESTBROOK AND WARD.
ANOTHER SESSION OF THE COMMITTEE.
TIES rIMONY GIVEN YESTERDAY BY GfHhhNL "N"'''
sw,vxy LAWRENCE, JOHN j. M'COOK AMP

organ grinder IN front Of the windows oi TIE rading
room OF the e. James Hote was omitted yesterday No
sense Of loss al the fact expressed by any
member of the Assembly Judic'ry Committee when
+be third davis session In this cy was begun at ii a.
M Assemblymen Poucher Morrison, smith, scarf rot
ter Chamberlain, Livingston and Armstrong "ere
present Among the spectators In the afternoon WIS
John L Davenport. The principal Witnesses examined
were General Wager swsyne counsel FOR the Manhaa
receivers; f. Z. Lawrence, OF Lawrence
& yaebner assistants to the Attoney-Gener
al in the preparation oil the beoohu
AMT lin Albany County, against the Manhattan Comp'h!
and John j. McCook, Of Alexander Green attorneys
Previous TO the beginning OF the session MI LaWrehco
.xpained the reason why the sergean-atarms OF the
committee had been unable to find him on Saturday and
then stated that although not III receipt OF any suppu"
he was willing to be examined
General swayne testified that he had drafted the pc
ttion for the of receivers certificates during te
Manhattan Company's insov ency. The ninety days Oh
default on July l. 1851 rental were nearly up ana no
one in the company seemed 10 be proceeding with the
earnostness that the situation demanded The original
triparfire agreement open TO the construction
that The would expire of Itself after continuance
of the default for ninety days The form OF cerucate
was drafted 10 make the certificates 0Dgauohs hoI
ONLY OF the Court but of the Manhattan Company-tha
is to be a first lien all The property, taking precedence
o. the Manhattan stock OF interest on the GER
tifcates was limited than ~ per cent IN or
der to facilitate their negotiabity. The petition was
made broader than the actual order OF the Court n 80
as to cover any order which Judge Wesbr0oK might see
fit 70 make and. secoad, because the Witness thonsu
that AZ part of the overdue rental was TO
be used to pay interest on the bonds OF inc
New.York and the Metropolitan, tho stockholders OF
tbose who responsible for the interest
might prefer to LET the receivers raise the money Tor IL
rather than to take it out of their own pockets
General swayne testified that he advised Judge west
brook against granting the petition of the New-fork
ita
received TO his letter of advice but the Judge wrote TO
him informing him OF the completion OF his the JudSe9
opinon and that il was aga INST the York Company
The witness met Justice veal, mesInrooI fio,ai an
tbe evening Of October 90. 1881 The Judge
o5 ~ ION there i'm manuscript to the witness and
the latter suggested somc slight notifications in IT,
which the Judge adopted The next day (Octoptr ~
the opinion was read in court in the Western Union
F. t. 5etson, counsel for the committee, read seven
entries from the register of the witness 1boat Oe
tnher % the day the property WaS SURRENDERED
by the receivers to the Manhattan Company Here Is
brook thai Attorncy-Genera consents to application
dor the discharge Of the rccevers) dow was Mr. ward
don't exactly remember" replied General swayne
I remember had some correspondence Win the Al
torney-G General at that time"
Mr. sistson-What services were rendered by Fred
erck L. wesibrook referee 70 pass on the receivers
accounts for which he was paid 81 900 .
General Swaync-NOt any. Mr. Nanderpocl nIst suS,
gested that ii would be pleasant thlng an aoui
II Judge Nesthro0ks former partner y" - APP o.. r
the counsel agreed to IT, but as the rcceVers1p ws e
Wees All the counsel however, agreed to cOmpcnsatc
him for any change Mr. westorook may have made IN
his arrangements in consequence OF Ms appointment ne
had neld himself ia readiness 10 do inc work. TIL
Prep racry to cro's-examining the wltges. haniI,
ton Harris representing Justice WcstDrO0k, nerNOusy
chewed big black cigar until 1t was
ruined on GerelSt ~ m of adge
Westbrooks lie claimed the responsbinty 3
taxing the Judge TO what has bsen called Jay G0nlds
room TO hold court aud explained tnat in Nay, leol
when the Wabash, 81 Louis ami Pac lc Company moved
its Offices in the Western Union Bulding, TWO ROOMS
were left over on the second floor. Mr OOhld nthded
TO occapy them but eventually remained al NO 80
Broadway. He occupied the room more IMAM nan
an at any one time. 30, , ,,.,,
This lnation considered By Chairman Poncher
10 settle question OF the rooms Identity ana lie r.
fused To allow Othcr witnesses TO DC cAihed oh Tue
General swaync in conclusion, said that he alb
sent AT time whcn the Manhattan property was ac-
tnily surehuSrru any S oTia ot Their or not
Judge WcstOrOOk came to New-Nork 10 denver ms
thought no reporters wer present Un that occasion
lr. Lawrence gave evidence as 10 MS conhec tioH
with the various Manhattan lltigIn0ns lie cohtcteu
tue testimony. ast Friday. of NioePIesident S1-
way by saying that the Weller Juno nol Ju9 - L.
only prevented the lrse0r mpaules IRON wasting thel
NOR gage earnings, leaving the Mammal AN tohpan!
crssed With the Atoruey the question OF BRING
ing the second suit In Albany county against the
| Manhattan Company, abandoning all charges except
the charge Insolvency. lie defended TINS action by
sIying nsO vency could DC proVed beyond uouul
while the other allegations OF illegal orsanlition eo
Involved the first in serious complications lie was
counsel for the Metropolitan Com auy while the sut of
exncc,rd favorable decision IN tie suit and advised
the Metropolitan to take action until Ii Was DECIDED
| Mr.. Setsou-A favorable decision womb nave uc-
stroyed the value OF the Manhattan stock by taxing
away the operation b. that company OF the TWO lessor
roads. would you have any inproprie IN helping
to the e" innocent holders OF Manhattan s'Ooh'
my fri nd, Senaor Harris Is so anxious apouti
| Mr.. LAWRENCE would latner discuss questions OF
morally when not under Oatn -.
| Chairman POucher-Ihen you nave niue "luer lau-
| tude.
that negotiations pending for settlement between
the cva road several weeks before tue agreement
| /" Tnrn" observed Mr. stetson "my friend. Senator
Harris, Is wrons claims thai Judge Westbrooks
forced agreement Of tn Ia, Dy when the Man
| hattan's sulycucy restored
The principal point Mr. McC0Oks testimony was de-
veOpcd on crO srA animation whth ne APPROX 90 te III
stutng Of the second sdt against the MAMMALIAN az
beng moro diicult To contest Ills hrn was me eOunse
Daniei W Acwuiams and John = Body
secretaries respec lively OF the M4 va
n,s-cs, piled number OF enOrmoJs books, bclhg tht
ana iran fer recoris OF tue companies from May
! 60 December /, 1881, On the cOmmicees tabic.
e NJ, dVnt open tsein,' fum1led the decp pass
voice Of SIR. Harris as he waved MS hand WIN dcpre
rae Ni,ne,scs accordingly were excused. Mir stetsOn
arranging TO nave abstracts taken iron the bulky Vol
uints. Iionry Douglass. cers % DOrshcler, bacon
q Deyo ided taxing the ord r Or he uischar-e OF
| the receivers TO Monticello on October ~ oOtalhlhE
JUDGE MrstDrOOks signature aftcr Ward bad ele
grapned witness entered The order a!
submitted it 10 the Attorney General, u.
ALto ney General al nrst oecned to consider NE mat
nc WAS III, nat amer the Order was canceiied ne
saw Douglass ana wrote IN certain mod hca
LAM 10 ms own consent to the discharge
Tao aucnued orIer then entered Judge MestDroJk
nignt OF - ordering Ine suspension OF thc entry
| uH,h mr. W',rd "as communicated Win Ine telegram
did not reach witness until the next day ater the
order had b., nrsi MED.
| me committee adjourned to meet at the ST. james
| Hotel next Friday at IL q.
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| HEM4kDS ar I1ROP