New-York tribune., 1882-04-19
JUDGE WESTBROOK'S REPLY.
his CONDUCT IN THE MANHATTAN SUITS.

HIS CONDUCT IN THE MANHATTAN SUITS.
IN A LETTER TO THE INVESTIGATING COMMITTEE
GIVES HISTORY OF THE LITIGATION, AND DE-
FENDs HIS ACTION THROUGHoUI-wHY HE HAs
BEEN SILENT.
lFRoM THE REGULAR CORRESPONDENT THE TRrRUsEl
ALBANY, April 1S.-Ex-Senator Hamilton Harris
appeared before the Assembly Judiciary Committee
this afternoon. and stated that he appeared in be-
half of Judge Wostbrook. He had letter, written
bv Judge Westbrook. which he SAID he would read
or file with the committee, as it sawft. The chair
man of the committee stated that he could read IL
or leave il with the committee. Mr.. Harris then
read the communication To the committee ana
retired. Later, the committee held an executive
session. mt which 1t decided that the full COM
mttee wonld hold the investigation. Inc hrst
meeting will be held on Friday morning next. Inc
inouiry will be begun in this city, and the first wit
ness 70 be heard will be Judge Westbrook himself.
The committee will intrust the inquiry to to sub
committee when the examination OF documents
only is required The investigation, II is expected,
will occupy the attention of the committee every
Friday. Saturday and Monday until the end OF the
session. Judge Westbrooks letter is substantially
as follows:
THE LETTER.
While the resolution directing yOur com
,nittee 10 inquire into official action in the above
matter was pending before the body OF which you are
members Judge Westbrook rcmaned silent, because no
felt that no of his should be considered As the
Assembly has, however directed an investigation ana
as in its conduct 1t is vital to know precisely he action
taken by him in the proceedings 10 which II refers ana
on what it was taken he submits to your committee the
following statement:
Firsf-The Attorney General moved at Special Term
held at Kingston July l3 $751; for me app3ntnen&i no OF
Pany, pendeate he in an orntor aGi9h Df1osh
On
the Manhattan Railway Company appeared by counsel
J. McCooke Ira shaer ahd Aaron d tbe Toa Which @
the Manhattan operated under leases 10 Wit: Inc New
TUirl and Ninthave lines, and the Metropolitan Ele-
waited Railway, the owner OF the second anu slxin M
difcrent roads The New-York Elevated appeared by
Mr. Bacon of Field Dorsheimer, Bacon Deyo, the Met
holders by Mr. w. H. Nc cDOugal, and Others by Mr. Mel
Win Eggleston. Mr Hamilton Ward the Attorney-Gen-
era stated his motion and the contents OF his papers
Mr. Aaron j. Vanderpoe. OF counsel for the Man
haitian Company then said that the counsel for the de-
temporary receivers though they should contest the
action dissolve the corporation ana Re woId dsK o 5e
Sidney Dillon, Thomas T. Eckert or Amos Lawrence
No opposition was made by anyone TO the appoint:
ment Of a receiver, and there was free exchange OF
views on the subject ana as 10 me perSTay % ad
he woud be satisfied with either Of the four individuals
MIR sylvester If. Kneeland warmly pressed Mr. John r.
Dillon and no other name than one Oi inc our was en
toned. ,.,., - IL, 4. ,.o,r
that his application not To be opposed and whilst
he was wiling say that he would probably take one
of the persons named he wonld not do so without IN
uurv The selection OF the receiver aud tie settlement
of the order then postponed to IL o'clock ~ OF he
Eguitahle Building. New-YOrk, Judge WestbroOk, al
Tie earnest request Of all parties and counsel consenng
AT the meeting the next day July IA all the counsel
and parties had been at Kingston were present
togther with other persons, including several re-
torer- of newspapers. Attorney General Ward stated
that he had been unable to make tn necessary lnqr
i.xV Iunr "A
that the stand TO the next day at the same
place ana hour. The adjournment was agreed 10 by
every person and Judge WestbroOk induced to re-
pam over by the urgent solicitation OF every person in
Ierestcd, including the counsel. -.
Ward Attorney General stated that he had made tue
necessary Inquiries and prepared 10 make RECON-
enda6n as TO the personality OF rcceiversDp. lie
further said that the law authorized the appointment Oh
more than one receiver and tne trust All lmpor-
iant one involving difficult questions Oflaw and dcut
questions Of railroad management there should be two
receivers the good lawyer, and the other prc-
tical raiIroai man, and he would recommend the ap
poatment Of instead OF Que OF the persons named at
kingston, to-wit: John f. Dillon ana Amos Lawrence
Uopkus Botn of the gentlemen were personally srang-
ers to Judge WesDrook, but as all parties, Including MI
Kneeand united in the request oi me Attorney
and as Judge Dillon was fayoraby known 10 Judge
Wesibrook by reputation ana al persons present gave
Mr. Hopkins the highest character as u man, ana
practical railroad manager, the two persons ana
HopkIns-were mace receivers. ana lIS oruor Hahing
,hem such was settled ana sghed. ne @ pono' mniot "a
was executed and approved acr during e same day at
Office of Judge Dillon was II me penay 0i $IOoOoV,
wi cyrus W. Field and Russell sage rs suIoiles, eacn
iustfyg in the OF ~ 100000, tue former Dei the
the NewNOrh Elevated Company, ala inc
latter of the Metropolitan Company All pdrtes ana al
interests satisfied with the appointment oI tnh IT,
covers and exception was taken To the dlVldudls
selected mi on The contrary great qualification
pressed by every connected with the proceeding
THE ORDER TO SHOW CAUSE.
Second-The next step in the history OF the litigation
was the OF order to show cause by Fled
Dorsheilner Bacon & Dcyo, in behalf Of the NewYork
Elevated Railroad Company, addressed TO the Manhat
tan Company its receivers why its roads and prop
erty should not be surrendered and restored to it, be
cause The petitioner alleged, the lease thereof was
forfeited by the insolvency OF the Manhattan company
passing into the hands of receivers Ihe order
to show granted the 2d day OF July, and,
al the earnest request of counsel ad Soey (or uo'i Gceo-
mod It0H made rcturnable at the General Term,
room III the Court House IN the City OF New York
On day Of the order, the New York Elevated
Company appeared by Messrs David Dudley Field,
Company sby the Office Of Aexanders& Green, the
METROPOLITAN Company by Messrs. soren d stone and
ceives 10y Messrs Vanderpoel and swayne The Manhat
Company ana the receivers asked for postpone
ment motion, they had no had time to prepare
to which all assented except the pelll0nef, "cn ny
It's GoypSe ria sinr that he wsed to 20 to- Europe
The motion was adjourned however, TO the chanDers vi
Judge WestbrOOk 10 Kingston, on the llth day Of August
On the lIlh day OF August tne parties again appeared
at klngstOU the New-Iork Elevated by Judge Com
stock Governor Dorshelner, Mr.. Bacon and Frank X.
Lawrence the Attorney General by mis- deputy Charles
d. Everett the receivers by Aaron j. NandorpOel the
Manhattan Company by Julian T. Davies and William C.
CULVER; metropolitan by Mcssrs sOrcn " stone,
aud MIR. Kneelaud 10y Ira Shafer. On motion OF Mr.
Everett who sate1 that the Attorney General all
sent from sickness seconded by all the parties except
the NewYork Elevated which also finally consented the
matter was further adjourned 10 the judges rooms Ill
Kingston, Oh the 14tn day OF September
On september ii, 1881, the parties again met.
The Application for a restoration OF the property
most fully argued by Messrs. ConlsIock, DOrshcmer
Bacon Lawrence. who Supported Ii, ana by Mcssrs
Green, Dawes, Suaier, Attorney General ward and M
soren opposed The discussion occupied two days
september IA and 15-and conclusion OF the
guurn given 10 ali parties furnish further
briefs ON September 80, lsSl, ~ whcu date
additional papers the motion surrender the prop
erty had not Oeen submitted, the New Ork Elevated
Company obtained second order to show cause for the
surrender property founded upon tne fact that
the quarter rent II from the Manhattan Company
on July 1881, tnen In arrears ninety days, wnicn
non payment II alleged by the express terms OF
lease worked forfeiture thereof right of
entry rGs order allowed "A supplement to the