New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-11-02
RAILWAY INTERESTS.
THE JERSEY CENTRAL LITIGATION.
A DECISION on THE EXCEPTIONS TAKEN BY MR.
"."N-s'1 WEF9' . W Y sFN''@1"
lBY TELEGRAPH TO THE TRIBUNE.l

DINsMoRE's COUNSEL
lBY TELEGRAPH TRIBUNE.1
TRENTON, Nov. Last June William b.
Dnsmore filed bill in the United States Circuit Court,
praying as stakeholder in the Central Railroad of New
jersey that the lease of the road to the Philadelphia and
Reading Railroad be set aside on tho ground that it
would be rnou to the Central property and the inter
ess OF the stockholders. Franklin Is. GOwen came into
court as the representative OF the Reading declared the
suit was fraudulent one instituted by the Pennsylvania
Railroad to embarrass its rival, the Reading, and de-
manded that he be allowed to produce testimony in sup
port OF this allegation BY OF counsel the hearing
upon the motion for preliminary injunction against the
lease which would have been the first step toward the
granting OF Mr.. Dnsmores prayer, put over until
october &c. and pending this the Court ruled that the
Reading must put in TO Mr.. DnsmOre's bill OF
complaint before II could take any testimony as to the
alleged collision between the complainant and the Penn
sylvania Railroad Company
This answer was filed three weeks ago and besides q
general denial of Mr.. DnsmOres allegation rs to the
UinOus nature OF the lease and ayerment that the
Central could have made better disposal Of its prop
erty than by the lease in question it contained formal
allegation that the suit brought by Mr. DinsmOre not
genuinely for the protection of his interests but that
he acted by request Of the Pennsylvania Railroad and
that the papers in the suit prepared and all the ex-
penses of the complainant paid by the Pennsylvania
Railroad Attached TO this answer OF the Reading and
Central directors was personal affidavit OF Mr.. GOwen
in which he reiterated the charge of the Pennsylvania
In the suit and further charges that the PcnnSy
vania had for many years been able to grant secret
favored 10 certain shippers OF coal and other pro-
duets notably to Bcrwind White Co. and William l..
Scott that the profits from these special rates were
shared with the officers Of the company; that the i'm
men-e fortunes thus obtained used to control
rupty the politics and business of New Jersey and Penn
ysvana In order that the monopoly might not he broken
and that william L. Scott, A. j. Cassatt and Others had
sold Central stock short and ntgatng this suit in
| order 10 dcprcss the price Of the stock.
Two days after the filed the counsel for
Mr. DiusInore filed exceptions 20 all OF Mr. Goweu's per
sona answer, except the paragraphs formally charging
| Mr. Dlusmore and the Pennsylvania Railroad Mean
allegations contained in the answer with view OF hay
ing the suit thrown out OF court ~ brought Hdtd Udes
The counsel for Dinsnorc objected to all testimony re
atng to the part Of the answer To which they had eN
| ccptcd ON Monday the counsel appeared before the
Coz n and argued upon the exceptions The counsel Tor
tie aiding Road Insisted that the matter excepted To
vas pertinent Ia the case, and Mr.. DnSmOre5 counsel
m that IL had nothing 10 do with the case and ought
| 70 - stricken out from the record.
The decision OF Judge Nixon. filed this afternoon, holds
that the matter excepted to II impairment 70 the issue
and must be cXpungcd This decision renders useless
much Of the testimony taken by the Reading but does
not prevent The defendant, from going aud proving
the allegation OF improper CuusOn and having the east
thrown uf The Reading, when II completes is
taking OF testimony will present Il "a the Court which
will thou decide whether IN II brought In good ith
and N 10 H. the VIII then mp ON the main Issue
| "a. 10 whether the lease Is valid or not.