New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-05-07

began the opinion to-day have not got to the
point involved but only statement facts assume
OF course you will consult Judge Dillon.
General swayne explained this letter by saying that
the Court wanted the advice OF "those persons VINO
had listened TO the argument" in the New-forK
Company's case Kingston The next letter read was
written from Kingston September %, 1881, by the
Judge to General swayne. 1t marked personal"
and 9 appended:
have not been able touch my opinion for couple
OF days To proper understanding OF the matter tu
nous. This statement OF facts is substantially com;
peted and the arrangement OF the discussion IL wei
tiers ana shall want your points and other papers.
postscript TO the letter adds Il granted the order
to pay taxes" These taxes the sem-annual dues
TO the State on the gross receipts OF the elevated roads
telegram from Judge westbrook on the day this
letter written Informed General Swayne that the
order to pay the had been signed aud mailed to
him.
GUESSING ABOUT JAY GOULD's ACTIONS.
The next letter from the Judge written at
Kingston on September o. ISL TO General Swayne.
being marked personal and running as follows;
The leases OF the Manhattan Company are the sole
representatives Of S13OOO,OOO. II they can be pre-
served and the property made in the end TO pay,
would be a gOdsend very many persons our letter
sharply called my attention October l next IA the ex-
piraiion Of the tarcc months am unprepared to say
what the effect of the failure to pay by that day would
be II il be paid IN any way 1t would have most
happy effect
Dillon / commitment ed with Mr. Hopkins in regard TO
the necessity of Such payment both by telegraph and
A iet5er from your Office informs that may be
scat for Tuesday or Wednesday, VIII come
promptly on telegram.
know NOT who is the party who proposes TO raise the
money. Il occurred 10 me u might be Mr. Could DO
understand the mysteries " AN street having never
either there elsew here hut can with
Mr Gouds great interests how such sn act ny him 10
The property wcnd p- goh unancIal operation A.
one affecting all his interests To accomplish TINS result
AN win- 10 20 70 the very verge OF judicial discretion
write freely because have great practical questions
before which the armsen5A etiquette Of courts l.
Mr. ste,son-Wos not this letter Of September 2G
written uuder the influence Of desire to prevent the
success Of the New-York Company In recovering its
property from the Manhattan
General -waync-In far as it evidently written
under desire TO prevent the Manhattan Company from
dissolvug There no impulse OF annoslty to the
Ncw-York Company.
On the same date September IS, lS.U Judge West
brook wrote 20 the counsel for the receivers as follows
Wednesday or FRIDAY ear spo nj % y y IN, We K
II needed Nelnesily el'sraPn I'I' M -. ~, In 0 ~
Wednesday OF course don't request y presence unless
a point can be made by my presence
Z. s.-This letter l. written since the otner.
In postal card 20 General swayuc, dated october 3,
Judge Wc-tbrooK SAYS:
Tie " L. book OF stamps not yet received. have in
l. % they suggest that possibly there may be some
mistake direction, which may have carried II TO some
other Kingston There is Kingston IL Ne"Jersey' one
IN Pennsylvania and several others
On October Judge Wcstbrook informed General
5wayuc by mail Of the safe arrival Of the book
The witness explained That the book contained
the stamps Of the Western Union Company which
carry messages free. The Judges old book Lad
run ont and he had requested the witness TO
procure another one for him. out % fourteen
telerams sent 10 Witness by the Judge which the
witness held ia his hand twelve paid for by the
recipient o. them ana two we're forwarded on frankns
stamps on October 4Judge Westbroo wrote 10 The Man
haitian receivers, enclosing letter 70 him from lis
in nlsn lttI j on
that be impaired to anyone any Information regarding
what bis uncc5 decision in the Network case was 10
be- and denying that he possessed any such Information
Judge Weslbrook saws I'm his letter;
an no Wall Street gambler No person
other than Yourselves have had hint rs 10 nv eanngS
OIL the motion argued, and no enc mas had any Au
nation OF ny view. on the 7qppf,nehta. pe dd
you please show that and this aa my answer to the VIC
| insnuauOn
Tho supplemental petition referred 10 in the New
York Company's and merely added 10 tic allega-
tons in the original motion the recital o, the ninety days
| default in the payment OF the Manhattan rental
due on July l. 1881 General Swayne testified
that he had communicated the substance
of Judge Westbrooks the other counsel TO the
receivers Mr. VanderpOel and Mr.. Ransom On October
u Judge westbrook in conrt in the Western Union
Building read mis- opinion denying the petition OF the
New-York Company to recover its road and granting
leave the receivers TO bring suit 10 obtain the value
Of the Manhattan stock issued TO the two lessor com
/
Judge we-tbrook Messrs. Dillon & swayne, written
from Kingston on October 10
have been AT work elevated petition during Dor
Of yesterday and to-day and my opinion IA 80 nearly
about noon expect to 90 10 Sew l1rA iH-horro~
night ana 10 reach Ih , =, ~ btvcco -
| I0p ~ ! would like to you or ONT Of you that
-ar1e night al tDe Hotel Victoria. The opinion Il
srti8.i he application Please do not make II pubic
a. Wle1 10 confer with you about 10 and may desire
remain In New York beyond Friday night. and have
several other matters TO see to during the day
THOUGHTS OF LEAVING THE BENCH.
Among the other letters from Judge Wesbrook TO
General Swsyne which put in evidence IL one dated
October g. 1881 which he refers TO an editorial in
The sun eutt.cd Scandaous," rejecting severely on
the Judge for holding the private office OF
Of the counsel In the case" In that letter tue Judge
says:
enclose slip cut from The Sum Of today Is it not
too bad after my hard work to finish the case ut the
earliest Dossibe moment my trouble and desire TO
nounce my CONCLUSION N proper manner ID the mode
of doing you cOucurred and, In fact, sngsesed
And INV loss OF for two nights 10 give IL accurately
TO the press that the result OF al is TO be told II is
scandalous"i Well this IS lie and the frlit OF office
sometime. feel that Will step down and out and be
what was in former years, practising lawyer.
After the elevated railroad compromise Of October Do
the Atorney-General hesitated about consentng TO
discharge of the receives on October IS Judge West
brook autographed ~ General Swayne from MONTICELLO
a foIlows:
third dispatch from Attorney General compelled me
70 send telegram Albany clerk not 70 enter order IN
lcas ard consents have teegraphed ard urgently
to consent send once one OF the counsel familiar
with the case 10 Albany to see Attorney -GeneraL
would make order az once AttOrneyGenera had been
served he has not he must consent ms settle
ment is such determination OF tue SUIT ana 80
completely with success our acuOn hat IL must
not al through. II It fas through our auIt the inno-
cent holders Manhattan stock will suffer and blame US
THE ArroRxEY-GENERAL COMPLAINS OF COUNSEL.
At the time that Attorney General Ward consented TO
the dual order of Judge Westbrsok closing up all the
Htigaens against the Manhattan in behalf Of the state
be wrote TO General swayne the following letter dated
Albany, November g
The practice seems have been in procuring this