New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-04-10
M'HENRY'S FIGHT WITH ERIE.
A COMPROMISE ARRIVED AT, AT LAST.
Mr.. MHEyRY SURRENDERED SECURITIES VALUED
Ar ARnI-I 81 Zoo Q0Q-AN ORDER OF ARTIST.

Mr. M'UEyRY sURRENprREp SECURITIES VALUED
AT ABOUT 81, 800, 000--AN ORDER OF ARREST.
Chief Deputy Henry r. Curtis and Deputy
George II. Holmes, of the United States Marshafs
Office. hurried down to the Cunard dock yesterday
afternoon and went on board the Seryia, about an
hour before the time fixed fofthe steamers depart
ure. They looked about among the heaps
of baggage and the flowers which the
son of William L. Scott. of Erie, and other
we-known passengers had received from
! their friends. The officers scanned the faces
of the cabin passengers for that of white haired
clean-shavep, thin-faced gentleman for whom they
had an order of arrest. The passenger was not IN
his state-room, and while Captain Curtis remained
watch in the cabin Deputy Marshal Holmes went
up the steps and after looking about the deck,
stood under dripping umbrella watching those
who came on board. Shortly before the steamer
to sail the officer saw hurrying up the gang
plank the man for whom he was in search-James
MclIenry, whose transactions with the Erie Rail
way have been before the courts for many years.
The deputy marshal called Mr. McIIenry aside and
showed him the order of arrest, which was issued N
an action in which the Erie Railway recovered
over -, 000,00 year ago.
81 think that matter has been settled" said Mr..
McHenry, showing letter from President Jeweit
of the Erie Railway, winch said: "Your offer OF
settlement is accepted
II am sorry, but that is hardly suf-
icient," said the officer. But just be-
fore the vessel sailed the order was received
from the Marshal's office that settlement had
been effected and the order of arrest need not be
served. The Marshal then released Mr.. MciIenV,
who politely said goodbye" to the officer
WHY THE ORDER OF ARREST WAS ISSUED.
The order of arrest was issued Judgment oo-
tanned in the United States District Court after
trial in which the judgment-roll Of the Eng
lish court was given in evidence. The
settlement puts an end to the litigation that
has been going on for nearly ten years between
Mr. Mcilenry and the Erie Railway Company Mr.
McHenry acted az agent in England for the railway
company and bought and sold stocks on its account.
He purchased the controlling interest in the Cleve
land, Columbus Cincinnati and indianapolis Rai-
way Company and the question arose as to whether
the purchase made in mis- capacity as agent fer
the Erie or for himself. The railway cOmpany
denied the agency and the Court decided IN faY~
of the company. Tho judgment ordered the pay
mont of nearly So 000, 600 though the stock which
was held by the Erie was to be returned Sine,
Mr. McIienTy came to this country in November las
efforts have been made TO arrive at a settlement Of
the case and in the last few days an arrangement
| James Riley, who has actei for Mr. McIenTy, has
| had several interviews with S l.. NJ. Barlow
j jew 0'" of the %S' Erie Hallway and
Mr. McHeary have met and agreed upon the basis
of negotiations. The final meeting was held at TIE
Victoria Hotel yesterday, when Mr. Barlow drew
up the agreement in settlement. Mir. McHenY
| surrendered TO the Erie the Cleveland Columbus.
| Cincinnati and Indianapolis stock held by the
| Eric Railway Company, and also other securities
The securities surrendered said TO include lie
600 shares of tins stock. valued at sos 900, ana
$4,000 Chicago and Atlantic Extension bonds. III,
| total nominal value of the surrendered securities
| was about 81 100000, and the real value was
| about 81 10000. Mr.. McHenry has always ALLEGED
| that the stock supposed To I've held by the En-,
| Railway had in reality been sold long ago, ant
| could no lnngCr he surrendered by the company
| demanded by the Judgment. The order OF ares
was secured by Mr. Jewett when he learned that
Mr.. McHenry was about to sail on the SeTvia, anc
the terms of settlement had not been finally agreed
upon.
WHAT AN ERIE OFFICIAL SAYS.
A prominent official of the Eric Railroad said to &
| TRIBUNE reporter last evening:
An order OF arrest issued to-day the Judgment
which the Erie holds against Mr. McHeur. The order
directed MIN To give secur for his appearance before
the court to disclose his property He
and was discharged nom arrest The property
sisted principally Of stocks OF the Clcv land. Column
bus and Indianapolis Ra roid Company, which the Ene
held III trust Mr. Mcileury released all claim TO this
stock upon the Eue agreeing 10 apply II on th0 lndg
ment The value Of the securities is here between
- 100000 and 81 600 600. Mr. McIIenry also gave a
written promise to pay the balance OF the judgment in
two years. The matter being settled To Mr..
Jrwctts satisfaction the execution Withdrawn and
! Mr. McHonry allowed 10 take his departure.
I "