New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-05-09
4 JUDGES OFFICIAL ACTS.


y
Committee. At the 81. James Hotel yesterday W b
/ ,,.,,lcs counsel for exAttOrney General Ward'
sat through the five hours examination OF VIII
nc.ses witlout uttering word ana almost "itn'
ont shifting his position The reason lor
this lay in tho significance OF the testimony
wi u respect Justice Westbrooss acts ana ltS point
ls.ness "a regards Mr. Ward. new branch OF inquiry
that relating to the receivershp OF tho LEBANON
sprDqa Rairoad-was opened. Hamilton Harris rtpre-
srnng Judge Westbrook, devoted his chief attention 10
Examining Cyrus W. Field and Trenor W f~A'
two Of tie Witnesses and with the second witness TO
eorcd 70 me hods Of questioning which once are" Io
Mr. Park the exclamation 80 You cannot confuse me-
sir and II yon will let properly won't con
fn.e vou" Russell sage was briefly examined, and tes-
tioouv WAS taken from Russell c. Root president OF tine
Harlem Extension Railroad Company. Among those
present were Jose f. de Navarro and John ". van
Valkenburgh receiver Of the Harlem Extension road.
Mr. Field after being sworn, settled himself comfort
ably I'm rcd-cush0ned chair and adjusted upon hls nose
pair OF backrimmed eye glasses. lie testified as to his
first connect with the New-York Elevated Railroad
Company in May 1877 after that date he became
its president first interest in Manhattan STOCK was
taken in 1879
Mir sctson-You did not then have any interest in the
certificates representing the original eZOOOOOO stocA OF
Manhattan on which per cent cash wa paidt
Mr. Ficd-I think thar a small portion OF those certih-
Gates was ira nsfcrred to me.
Mr. stetson-But that merely nominal holding
Mr.. FielG-I am not sure Of that
The witness testified that he sold out all his Manhat-
tan STOCK except thirteen shares in November lSf9'
because he did not approve OF the management Of the
company He did not renew his interest until he saw
some time in asst autumn, that there was to be SETTLE
ment Of the disputes between the roads He thoughtH
WAS afer October D. ISL that he bought Manhattan
stoc again.
MI stetson-was it late october. 1881 that You
were informed that there was to Dc coInpr mise
Mr. EiplI- had
tees appointed TO negotiate the part Of the three
companies.
Explaining his action in accepting compromise MI
Field said: 81 got thoroughly disguised with the
eternal fight. There was nothing but hlgatloh l"eht
10 Mr. Gould and asked him to send for NJ" Sage pres
ident Of the METROPOLITAN Company and Mr. Galloway
president of the Manhattan To II we couldn't make
one moro effort get the properly out OF the hands OF
the lawyers and the court This was few days bsioie
the compromise agreement was n!de-VoTy IlKeiy
week. am not that knew that alr Gould was IN
tcresed in the At that time. He and often
d.c,.s.d matters coming down the from r.
vinctonon-he-liudso can't remember Tue exact
Mr. sieIson-Do you remember dlecussing with Mr..
Could the claim Of the Manhaian for lis 9l3OOo'oOo
Mr. Feld-Certalnly do can't remember how
soon It after Ju.gc EmOtts opinion on INC cialm
The claim Of Mr. Gonids arguments Tor "a SET
THE MANHATTNN's INSOLVENCY.
Mr. Field further testified that he got ex-Judge Dillon
write opinion on tDc merits Ol tuc aluminium
claim immediately upon his (the witncss's) return
from mis- tour around the world in th spring Of 1881
The "probabe occasion FOR the asking Of this opinion
was the suiI begun to dissolve the Manhattan Company
by the Attorney General. The witness was very much
opposed to that suit because the Attorney-General
charged there fraud IN the making Of the Man
haitian lease; De was cOnhIen mat the MahaltGh WAS
insoyent at thai time.
Mr. Stetson-Thcu on the point OF insolvency you anu
the Acknowledgement agrcedt
IA
sseo@d q g Ynep ,s The SohatiaS G
witness said that he n ,ub ttnal accord with Mr.
ward. He had opposed ne pon,neni OF r,eeI[er7 ioI
cyimbc When he consented 10 the rccevcr,hip lie had
a strong desire to get back he New. York road
Mr.. >.-tson--You want your road tOdayf
MI IL tHr Sal Elementary SgTee
prefer have road back 10 having that agreement
wanted our road there Nas chance to gct Ii
petition for the return ~ the properly surprise
and disappointment. had expected to get it back up
Mr. s1l'n road me Letter Of Igasc Test4roqk to
General Wager Swayne' dated September . I991l.
We're Won aware at tlat time" re asked That the
Jndg. vas suggesting the counsel for the rcccYrs
d~f noes tlat tAe Manhattan might make against the
. C,r.ainIy no, ." replied the witness.
M -tetson-You opposed the ssuc Of receivers Ger
Mr. ucld-yce, air. [ dil not want our road encgm
bcrcd with receiver ceriihcaj,s "hcn We were earning
rhc letter OF September 20, 1o-l from judge West
sad hat he noar of tne letter until il appeared
ti.f ul W llgf a. a.
Mr.. ~t!t'on-Inat letter was prcjudical to your
intcressl
Mr.. stetson--Now, MIR. FIELD yon had known OF mat
letter at the time ii wr ten. would you not have
gone lawyer and sought advice us To taking your
application from that Judge to anotleri
Mr. Field thesil ingyl-I should have asked his adj
MIR retson-Dd not letter hetray the anxiety OF
the Judge not to give back Your roa! -,
After he recording OF protest 10 the question on the
a ,,irty t rye the three r. adj united ana
tn rr.l nj he New q
Nr sotson-In that respect it was contrary to your
Mr.. F,cid-Certainly.
On cro-scxamlualion by Nr. Harris Mr.. Field said
that he willing preserve the Manhattan Company
alter ne h,1t nae ool1S3 ms pi"pfr,y , ,ros j.
iucl to you To nave the receivers place upon record
the ~ J,OOOOO0 claim OF Manhattan!
Mr. Field tater long rauscl-Wcl. IL seems to me to
be iunlcal IL may have been proper
Mr. liarrs-Nas It not better to have tic claim on
Nr Tield-Thero objection stating the exact
Further questioning by Mr. Harris led the witness TO
state that the preservation OF 5anhati as suggested
ia Judge Nc~tbrOoks letter Of september 20. 1851,
1''.t Vg trar ta il vonld have been
" sud-cnd 10 " Yrrl many PERSONS
Nj Iiarr,-To accomplish tina result would it have
been wrong for the Judge 20 70 to The very verge Of
Mr. ficld-li The sole object was to secure TIE pay
ment ia fun II what the Manhattan owed us, there was
MI sctson~ After senator Uarii,- exigcss OF those
letters, prepare 20 say that on the whole they
were favorable Ia !Our interests
Mr.. Flcd-I do think that. II the Manhattan
could pay us all hey owed, all right II not, wanted
Iny road back. In my oHn mind was sati5i they
could pay in uL didn't believe any body earth
would take receivers certificates Judge Westbrook
granted they were security.
Nj. Stci sOn--d yOu known OF those Two letters IN
Ocob would you have been surprised at Judge West
brook. Il, clsi0n against our road
MI. tIcd first iOOh,d up "a the ceiling; then he
glanced Mr.. >ctsOu aud at the lowering massl cness
OF II Harris = face. don't tlnk am called upon 10
express OPINION lie Icphcd hhHLy. Any DOdJ can
form that opinion
mat viii do' said Mr.. stetson with a faint sugses
ton Of IL chuo kic ia MS voice.
note from JAY Gond informed the committee that
HIS purchase 10000 shares OF Manhattan stock were
llr. lIcfnhlr Oclnber u, lnHl, a cAah