New-York tribune., 1886-04-23

the Senate fnvcseatius Committee although Ceoae aei
Bliss protested that that was not properly oeio'o ,h'
court the present IN DtioL Tho COUNSEL ior 'no p
tiff contended that OF the thirteen dirccos Oh
tbe Rrcadv way and Seventh Avenue Railroad Company
otly couspred with Jacob Sdarp aud others III the
xenens the bl! iins ot tlo Broadway surface
Road so that while $3O3S0o0 was received from tue
sale OF bonds OF the two roais. the total o
the construction a1i equipment OF the Broa'wV i''
road and the parchase the stage lines was S7ooooo
the difference which beon ged to the stocIhoucrs eouH
into the pockets OF Sharp and his coadlutors
An aidavit by Jacob Sharp was presented IN wh'ch
he denies that he frau ulenty combined wih the oIhcr
defendants any other person to create corporation
distinct from the Seventh Avenue Railroad Company ior
any improper purpose, or that he combined frauuu
lently with any TO cause contract to DO m'ac W
tween himself and the proposed new corporation ior
con.ructon or equipment or securities greatly
in xcess OF the actual OF to divide tho ehces'
II any In the form Of profits or counsel fccs OF ia
unlawful or improper manner, or 10 she"er n" -
the other directors iu the Seventh Avenue OoP
under the forms o. law. or to obtain ihu'rco'!
cretly or otherwise- any PROFITS which the d'rooSo
ro ,-h;h,ted Inv law or equity from appropriang 10
he declares that the cost to hm Oh 'o Gun
sruction and equipment OF .po ,''
surfoce Railroad about S3oo'ooo !" aui
on to cost Of buying out .sf a. sasS ay Of iss
S5oo 900 OF bonds Of tho Seventh Avenue Railroad Eo
pany were used either by himself OF any o ms vdneDt
schsme or to swell any fund for distribution among
nr and e ins lawfully the pay
mcnt obligations OF the company He uecia.cs tas
to construc broadway railroad aud that he had ac.
oured certain proprietary interest In tne pro)cct oi
surace railroad on broadway below Fourtcenth-st long
before he became a director In the seventn Avonue
Company" No else in his opinion woud nave taken
the risks that he did in carrying the enterprise In
conclusion, he says that he amply respohsloe anu
able any judgment that may be rendered against
him." O Gilman cXui,,
NJ NJ White. Alfred wagstah. George n curtis, George ,
Law william II. Hays and Amos G. White, directors OF
esSe and mow believe and are ADVISED
lawful by the terms OF the act Oh a! o ~,
the Broad way and seventh Avenue Railroad company
They deny 1t their duty as trustees 10 seer W
have unlawfully and rauiu emily combined o create
separate corporation obtain for 1t any privileges pos
act or TO cause any contract to made between the
corporation and Sharp for any purpose or 10 ceae
the allegations made on the side OF conduct Oh
their part injurious to the Seventh Avenae anu
deny that they received bonds OF surface ROAD iey
say that long after all Other transactions with reler
the railroad on Bro.dway we were eco thsIr
stock at 1922 so share. and that all the stocHoiders
that they could reach were o, tue nd p%at the
informed that the planth approved we olei "
vantage of it until it was too late. They aver that the
Seventh Avenue Company paid 200 eacn 10 Snarp ,o
for S 900 each paying price in order to Sc
cure their delivery on thirty days notice. -
Among other afilavits was one by THOMAS Is. herf. IT,
who said that the of bonds received ny MN ne
took In good faith sell the agent for sharp; one
Scrbner Bright counsel for sharp declaring tha Tue
$40 900 received by them legal services duly
rendered and by George Bliss saving tnat the es
mony taken before the Senate Committee dh not lu,y
nre,ent the facts as witnesses not allowed to make
explanatious and in thirty-twO years eSperehco
at the Bar he had never seen an examination oi wiz
ncsse unfairly conducted. and so evidently Win no
desire TO get at the real facts ,,,,.. .,
Justice Andrews after listening to inc anuavits anu anu
rynents of counsel reserved his decision the mo-
ton gvn the counsel both sides permission to pre-
sent further aflidavits.