New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-05-11
rDGE WES7BR0OKS CONDUCT

RECEIVERS AND THEIR CHARLES.
TIE AFFAIRS OF THE LEBANON SPRINGS RAILROAD
HOW HENRY A. TlLDEN WAS CONCERNED IN 1T
-rHE TESTIMONY OF RECEIVER VAN NALhEN-
BURGH
ALBANY, May 1O.-The Assembly Judiciary
Committee investigating the official acts OF
Tpdre westbrook and ex-AttOrney General Ward
met IN the Assembly Judiciary room IN
.ba Canitol this afternoon. s. G. Ruggles acted a.
,b commemorative OF MI Ward while ex-senator Harris
looked after the Interests OF Judge WestorooS T. Lynde
s,e,son appeared as counsel for the prosecution
number OF spectators present Mr. Harris onereu
IL evidence the pleadngs in the case OF Warren sackett
against Russell c. Root and others which resulted III
throwing the Lebanon Springs Railroad INTO ihe hAnus
Of a receiver.
Mr.. stet-on called witness John Keenan,. Clerk ot
Rensselaer, County who produced from his once certain
papers ID the OF sackett against Root and others
Mr. stetson explained what the papers were, and tEer
bearing npon the investigation. He said that the plain
1if IN that case alleging himself 30 be the owner OF
s. 700 worth Of the 81 900 issue brought ecuon IN
behalf Of himself and all Others who wished 10 come In
upon that complaint, which Vas verified August 90
1.9O judge Wcstbrook granted An order to show eaSe
August 81 Upon the same day notice Of motion FOR
The appointment OF a receiver made returnabe sep
teuiler j. This notice." he said, does not
seem to have been served. and second
notice OF motion issued returnahie Cc
tober 10 Upon September % al AFFIDAVIT
Of the service Of this notice Receiver BlteThed wa
made The motion heard october l5. Tn defend
ant Root made answer which was verified septem-
Der p. and Root fled an affidavit September 80 which
was followed by an affidavit By the defendant Osran-
der October Upon these papers al order dlted Oc-
tober appointing Van Valkenbur-h receiver was tiled
October J. This order upon the condition thai Van
Valkenturgh should hle bond in the saIn Of $4,000
On October p fled petition for leave to
issue certificates and the day by order OF Judge
al 10 he
amount OF 50 600 on November ? L. L. BunnelI, Of
New-Yo.k City. representing majority 81 the bondhod
ers notice Of motion for leave 10 come into this
suit either coplanhs defendants. TIE hearng of
this motion adjourned from November u until De
ceub ~ =. 1sSO.
Nj stetson called the attention committee par
tcul,ry 10 this tact, that December p this motion
was denied and the day an order was made ap
mounting L. Wesibrook attorney, etc. That order had
Endorsed upon iis back the following:
united " him the record parties who's case he may
he unable 20 sustain. At the same time these parties
WHO appv should notice Of every step IN The ca4~e,
that they mag protect their inter - An orier ma
be made requiring al p1peTs aqd motions 70 be serv
10 appear 0G trials hearings snc other matters.
December - 1850 T. W.
rms motion was made in behalf Of John Bloodgood and
others r.senting a majority Of the bO1ds Of the
Lebanon Strings road. On February %, 1881 Edward
Neweomh counsel for the receiver, made notice Of
motion for Instructions based petitions for sale Of
eerrinc!tes ms was returnable March 3, and
served On Osr ander February o. Upon the return
Of thai motion on March order granted ap-
pointing James II. Jones, railroad expert to examine
az 70 the condition Of the road Oa March q another
notice OF a motion given, returnsble April by
Newcom0 10 T. L. Westbrook Oh the petition OF the
receiver verified February %, 1851 for leave issue
further certificates upon the report % Jones' the expert
S. TO the condition # the road On April order
made thai the receiver certificates 10 the amount
Of S350Oo0 being represented in the order that
on appeared IL opposition thereto.
After obtaining issue certificates sackett the
plaintiff IN the case fled petition and notice Of
motion for compensation for himself for labor in prepar
ing The complaint his case and on April y an
order made hat the receiver pay sackett 1896 for
The labor involved IN making lis complaint anG II 200
his lawyer On MAY ! l.. +. Andrews fleo petition
10 be reimbursed for legal services and on May 20 al
,Tr,t..r IN ~ iSr Sq60 fl. ~ e,' me a1SSnt ~
lowed wLir. tae receiver is directed 10 pay On June
Jun : and rum fim 10 ,jIn terffter orers t5rre tcr
were granted On me 80 certain cAlIus were filed
S'.cr re,rrrjog tb-m' 10 J,dSe sroitb str Sns
If TO- 6"e 80 Lin w. ,,it t,,
bIOugu. by Marvin Sacset' uyOn special contract by
which l. was 20 render vices The road
the compeusaon of - day from January 1873 until
Derem0er $50 and lie recovered S777 = which The
receiver a. ordered 70 pay Sy!vanus Carpenter also
Isc5yerea e}5s - in o. these referred in
pay,nea for service rendered between Angus g. 1867
an NE LATER part Of 1879 the claim Lot having been
II. Dc -nl l-c more than clgu ars after Il accrued,
and 10 defence ~ The statute limitation being made
On su. also, the plant Il sac recovered iudg-
p4eAt iar $4,000 and Jn JGly Henry Iilden
efed judgment Tor $4,000 upOu tue simple report OF
tie referee that he found for plaintiffs pou Lhe same
ca, Juls %. Judgment III aver OF William f. TAYLOR
10 5000 vas entered Oh claim against the cOupauy
10 tbl 'Lch Tue calM ue'As maize a1d tAe judgment
LED 90. day
A.. The papers relating TO these TRANSACTIONS. with
hany ol-f we're offered u 'dcucv b. .Ir 5tesOn
marked as lxiubts
JOIN ". "a Ash, Deputy County Clerk Of Albany
NOly, produced several pdp"fb H. he Of Tie PeO-
l.e 4sallst tle Lebanon springs Hallway Company.
= ~--ifAeI, deputy Clerk VI Columbia County, pro-
Itel , -s u Tao cast Of Heary A. Then AGAINST
hus. g .. t.Out and auotuer.
'o-A b.. vi Na4kenDGrgh, receiverg Of tie LIB
- SlilA4s Railroad, was the. next witness.
give sketch Of his connections with
e+t taIio@Is Tor the past thirty years
l1.'iAAati1n OF Sir. Van Nalkcnburgh was don
4 Van az pa. evening and lasted nc4iy three hOuls ".
fr,ln H. manager OF the road for The receiver,
- -, .-' DooKs o. tAc receiver. ana was e1AuiurSIIu
49, AZ 'AtAi al cOl-lde able length.
"'-N ". Mc'4eNanl Comfy fg,tge ~ Colnu,b a
d. .f. -.4'u az iclcIc-cc 10 Toe litigation LIlL
. ,. '-Dtirnt 0l Tie receiver am
49, b, i'---4K when tbs Committee adjourned III