Untitled - Clpdigital.org

i7o BETWEEN THE OCEAN AND THE LAKES
their papers upon the persons named in them at the ber 30th, in proceedings brought in the name of
first opportunity. Reporters by the score were busy the Erie Railway Company against its officers and
at the no-easy task of learning something of what Directors and the plaintiffs in the Belmont suits, he
was going on within the mysterious portals, and fill- issued an order appointing Giles W. Hotchkiss Refing
their note-books with guesses. Politicians of eree to examine into all the proceedings already innote,
and some of notoriety, flocked around the stituted in the Erie litigation, and make report.
building, and seemed to be the only ones whose
cards could cause the iron gates to open.
The hearing under the order of Judge Nelson, of
At midnight on the 28th the Erie magnates were the United States Court, came up before him Monbusy
within the locked and guarded privacy of the day, November 30th. Voluminous affidavits, offered
President's room, but soon afterward James Fisk, by all the parties concerned, were read, among them
Jr., carrying a satchel, and accompanied by two of a long one by Jay Gould, in which he denied all the
the Erie counsel, left the building, entered a car- allegations made by the plaintiffs; declared that the
riage, and drove to the Twenty-third Street Ferry, settlement in the Drew-Vanderbilt litigation had
The carriage was followed by a patient process- been against his protest and in spite of his opposiserver,
who had for hours longed for such an appear- tion ; that the treasury of the Erie Railway Comance.
He succeeded at the ferry in serving Fisk pany had been left practically empty, and was in
with the papers in the proceedings of that day before that condition when he and his associates came into
Judge Nelson. Fisk and his party crossed the ferry, control of the Company; that no new Erie stock
In the Erie yards at Jersey City a locomotive and a had been issued by him or the management since
special car, plainly on previous order, were awaiting the annual election, October 13th, and that the
the party. Fisk and his companions entered the car, alleged over-issue had been necessary to meet perand
were instantly whirled westward over the Erie, emptory obligations of the Company, among them
On Monday morning the New York newspapers and the acceptances for $3,500,000 given in payment of
the press throughout the land startled the world with the Boston, Hartford and Erie bonds, by the terms
the announcement that James Fisk, Jr., Comptroller of the Drew settlement with Vanderbilt. The arguof
the Erie Railway Company, had fled to Canada, ment in the hearing was adjourned from day to day.
bearing with him the funds and books of the Com- While counsel were arguing the merits of the company,
to escape the inevitable punishment that was plicated issues of the new Erie War before Judge
awaiting him and his associates in the Erie manage- Nelson on November 30th, counsel for Gould and
ment. Fisk got no nearer Canada than Binghamton, his associates applied to Judge Cardozo, a judge
Broome County, N. Y. He telegraphed from there coordinate with Judges Sutherland and Barnard in
a denial of his reported flight,and explained his hur- the Supreme Court, for an order granting a stay in
ried trip from New York by the statement that he the matter of the Receivership of Judge Davies, and
was on business connected with a rolling mill which he issued a writ staying all proceedings thus far had
was making rails for the Erie Railway Company, before Judge Sutherland, and ordering the parties
He was so much outraged by the published reports interested to show cause on Monday, December 7th,
that he ordered the bringing of libel suits against why they should not be vacated. Judge Sutherland
several newspapers, claiming damages far up in the promptly granted an order, in counter-proceedings,
hundreds of thousands of dollars. So far as the rec- for cause to be shown on Wednesday, December 2d,
ord shows, none of these newspapers was ever called at 11 A.M., why Judge Cardozo's order should not
upon to pay any of the damages claimed. be vacated. Judge Cardozo issued an order early
Whatever business Fisk might have had with the Wednesday morning changing the hour to 10 A.M.
rolling mill, it was not that business entirely that This led to such complications that Judge Suthercalled
him to Binghamton. Judge Ransom Balcom,_ land, disgusted with the entire proceedings, refused
of the Supreme Court, lived there, and on Novem- to have anything further to do with them, and