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168 BETWEEN THE OCEAN AND THE LAKES
the Erie Railway Company to pay them a large sum Eighth Avenue, where the offices of the E
of money to make good their losses in a stock-job- way Company had been established in resplendent
bing speculation in Erie in October and November, quarters. If the Receiver had had visions of march-
1868. In this suit the Erie Railway Company de- ing triumphantly through the portals of the Opera
manded $1,000,000 damages. The second suit was House, serving his papers on a defeated and humilibrought
with the avowed intention of compelling ated President of the Company, and a despondent
the defendants to repay to the Erie Railway Com- and unresisting staff of aids, and receiving from them
pany $429,210, which, it was alleged, had been ex- the keys and combinations of the strong boxes, with
acted from the Company in the settlement of the every token of submission to his authority, these
Drew-Vanderbilt suits, to make good their losses in visions must have vanished quickly when he arrived
the speculation that led to the firstErie War. at the outer gate, for the gates were not only locked,
On this same day, on application of Clarence A. but there was a body of men outside to guard them,
Seward, Judge Barnard, in the suit of Belmont and and the countenances of those men were not gentle.
others vs. The Erie Railway Company, in which In fact, they were of the class known in the parlance
Judge Sutherland had appointed ex-Judge Davies of the sporting gentry as " toughs." They were
Receiver, granted an order removing the cause, so commanded by one " Tommy" Lynch, who knew
far as it affected James Fisk, Jr., from the State a thing or two. When entrance was demanded by
courts to the United States Circuit Court, and stay- Receiver Davies, he was ordered to take himself
ing all proceedings in the action in the State courts off, and if an Erie Railway employee, who had known
against Fisk. The effect of this was to leave Fisk Dorman B. Eaton when he was one of the Erie
in possession of the railroad as a Director, free from counsel, and who had not heard that Mr. Eaton was
the control of Receiver Davies, provided that Re- now particularly under the ban of his recent eraceiver
Davies should ever get an opportunity for ployers, had not from that recognition supposed the
exercising any control by virtue of his appointment, delegation was all right and proper, it is not at all
This new move on the part of the Erie party was likely that Receiver Davies would ever have had
promptly met by their opponents. Judge Suther- even a brief sight of the interior of the offices where
land, on application of Charles A. Rapallo, granted he supposed he was soon to be himself enthroned.
an order on the defendants to show cause, Novem- The employee passed the word to the guard, and the
ber 25th, why Judge Barnard's order should not be iron gate was opened. It was then an easy matter
vacated.
to get to the apartments of Gould and Fisk, who
November 25th Judge Sutherland, ignoring the were in council with their advisers. The presence
stay which Judge Barnard had granted in the case, of Judge Sutherland's Receiver and his counsel in
settled the order of his appointment of Judge Davies the office of Judge Barnard's and Judge Blatchford's
as Receiver, making it absolute. This disposed of, Receiver was not at all expected by the latter or his
Judge Sutherland vacated Judge Barnard's order friends, and it was followed by momentary suspense
granting the stay. and embarrassment. This over, the visitors were
Soon after these proceedings were settled, or, as received with some show of politeness, especially by
it was charged, before they were entirely a complete Comptroller Fisk, who soon withdrew. The matters
part of the court records, a further stay was obtained moving the visitors had not yet been more than
by counsel on behalf of the Erie party, this time referred to, when Erie's Comptroller returned.
from Judge Cardozo, who made his order returnable He at once ordered the visitors to leave the build-
November 30th. Not to lose any time, Receiver ing. They refused. He summoned a number of
Davies, accompanied by his counsel, ex-Judge Noah " Tommy " Lynch's guard, and gave orders to them
Davis and Dorman B. Eaton, went at once, after to forcibly eject the strangers from the place. The
the settlement of Judge Sutherland's order, to the consummation of this act of violence was prevented
Grand Opera House at Twenty-third Street and by the prompt interference of ex-Judge Fullerton,