Newspaper of The New York Herald, May 27, 1873, Page 3

Newspaper of The New York Herald dated May 27, 1873 Page 3
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if GUT MIL Legal Assault on the Greatest Im posture and Swindle of tbe Century. CREDIT SIOBILIER IN COURT. The United States Government Tilts at the Great Railway "Ring." FILING OF A BILL IN EQUITY. How "Contracts" and Distributions of Dividends Were Made. TBE SEVEN WHO RULED THE ROAST. How Quo Set of Directors May Play Into Their Own Hands as Another Set. First Mortgage Land Grants and Income Bonds. THE UNION PACIFIC INSOLVENT. After Faying Banning Expenses and Repairs It Cannot Meet Interest on Its Bonds. NEW RAILS AND TIES WANTED SOON. No Money in Hand to Meet Obli gations Almost Due. A REMARKABLE STORY. Hartford, Conn., May 26, 1873. Mr. Ashton, representing United States Attorney General Williams as counsel lor the government, arrived In tnls city to-day from Washington, bring lug with him the complaint and bill In equity against the Union Paciflc Railroad Company and the Cr<5dlt Mobllier of America, which he will file to morrow in the Circuit Court of the United States for the District or Connecticut, at this place. Tbl?, therefore, marks the opening of the great legal struggle between the government on one Bide and two of the greate.it and most extraordi nary corporations ever created on the other, and will, beyond doubt, occupy some of the attention of the Courts for ten, perhaps twenty, years to come. It is, unquestlonabiy, tne most gigantic litigation on redOr^ and the printed complaint and exhibits appended thereto, twenty-live lu number, make a baok of 134 printed pages. The title of the bill is "The United States of America vs. The Union PaciQc Railroad Company and Others," the recital in fall ol THK LIST OF DEKEN1>AN'TS being as follows To the Judges or titb Circuit Court or tiik Ukitkd Statics ro? tub District of Connecticut:? The United Slates ot America, by George Henry Wil liams, their Attorney General, bring this, their bill of complaint, against Hie Union Pacitlc Railroad Company, ? corporation creatod by arts of Congress ul the United (States, whose principal office for business is located at Boston, in the State of Massachusetts, and Its President, Horace F. (Hark, ot' the city, county and State ol New York; the Credit Mobilier ot America, a corporation created by the Legislature of the State ot Pennsylvania, and located in Philadelphia, in said State, and Us President, Sidney Dillon, ol the city, county and State ot New York; the Wyoming Coal and Mining Company, a corporation organized under the general statutes of the state ol Nebraska; the Atlantic and Paciflc Telegraph Company, a cor poration organized under the general statutes of the State oi New York, and its President, John Datf, ot Boston, in the State of Massachusetts; the Pullman Palace Car Company, a corporation transacting busi ness in Chicago, in the State ot Illinois, and its President, George M. Pullman, ot Chicago; the Omaha Bridge Transfer Company, a corporation transacting business at Omaha, in the s'tate ol Nebraska; and against John B. Alley, of Lvnn, In the 8taie of Massachusetts; takes Angler Ames and Oliver Ames. 2d, executors of the lust will and testament of Oake? Aines, de ceased, late of Nortn Easton. lu the State of Massachusetts; and Oakes Anuier Ames mid Oliver Ames, 2d, executors aforesaid, representing the laid Oakes Ames, as trustee for other per sons; Oliver Ames, surviving partner of tlie late firm doing business as Oliver Ames k Sons, at Boston, in the State of Massachusetts: Oliver Ames, of North Easton, in the State ot Massachusetts; Frank W. Andrews, of Bos ton, in the State of Massachusetts; Elishu Atkins, of bos ton, in the State of Massachusetts; P. Adams Ames, of Boston, in the State of Massachusetts; Ezra H. Baker, of Boston, in the State of Massachusetts; Ezra H. Baker, Jr., ot Boston, In the State of Massachusetts; Josiah Bard well, ot Boston, in the Stale ol Massachusetts; Josiah Bard well, trustee, ot Boston, In the State of Massachu setts; Oliver W. Barnes, of Philaoelphia, In the State of Pennsylvania; Benjamin E. Bates,of Bostou, in the Stat* ot Massachusetts; Benjamin E. Bates, trustee, of Boston, in the State of Massachusetts; Eli Beard, of Brooklyn, In the State of New York; Sylvester M. Beard, of Brook lyn, in the State of New York; Ell Beard, Sylvester U. Beard and William A. Cunimings, doing business as Beards k Cumnungs, in the city, county and State of New York; U. T. Blake, ot Boston, in the State of Massa chusetts; Lleni v Blood, ot the citv, county and State of New York; Bcniamin M. Boyer and Helen Boyer, his wife, of Norristown. in the State of Pennsylvania: George Bliss, of the city, county and Stale of New York: flams Mel Bradford, of Boston, in the Statu of Ma?*aonasetts; W i llin in B. Bristol, of New Haven, in the State of Con necticut; William Tracy, executor of the last will and testament ot James Brooks, deceased, late of the city, county and State of New York ; Cornelius S. Bushneii, of New Haven, in the state of Connecticut; Oliver 8. Chap man, ot Canton, in the State of Massachusetts; John J. Cisco, of the city, county and State of New York; Oliver Charllck, of the city, county and state of New York; John J. Cisco and J. Aslilleld Cisco, doing business as J. J. Cisco k Sou. of ihe city, county and Slate of New York; Henry C. Crane, of Yonkers, in the State of New York; Henry C. Crane, trustee, of Yonkers, in the 8'stc of New York; John F. Dillon, executor ot the last will and testament of Ebenezer Cook, deceased, late of Daven port. in the State ot Iowa; Henry C. Crane, trustee for Willie D. Train, of the city, county and State t>T New York: William A. Cumniings, now or late of Darien, In tlie State of Connecticut; Samuel T. Dana, of the city, county and State of New York; John M. Davis, oi New Haven, in the State of Con necticut; William F. Day, cashier, in trust, of New Haven, In the State of Connecticut; Hugh De Havon at.d Alexander Henry De Haven, doing business as De liaven A Brother, at Philadelphia, In the State oi Pennsylvania; Sidney Dillon, of the city, county and State of New York; John R. Duff, ot Boston, in the State ot Massachusetts; Q;;P.vi'.!c M. I)oo?e and Anna M. Dodge, of Council Bluffs, in the State ol Iowa; John DutI, ot Boston, in the State of Massachusetts; William F. Durant, of the City, couuty and State of New York; Ihotnas C. Durant, of the cl.y. county and State ot New York; Sewall H. Fessenden, of Boston, In the State of Massachusetts; Pierrepont B. Foster, of New Ifaven, In the state ot Connecticut; L. Eugene French, ot the city, county and State ol New York; the fourth National Bank, of the city, county and state of New York; W. D. Forbes, ot Boston, in the State ot Massachusetts; John Qardiiier, trustee, of Boston, in tho State of Massachu setts; Horatio Gilbert, of Boston, in tlie State of Massachusetts: Horatio J. Gilbert, of Boston, In the State of Massachusetts; Horatio Gilbert and Ho ratio J. Gilbert, doing business as H. k J. Gilbert, at Boston, iu the Stite of Massachusetts; E. W. Ollmore, of Boston, in the State of Massachusetts; William T. (Hidden,of Boston, in the 8tate ol Massachusetts; William T. (Hidden and John M. S. Williams, doing business as Glidden A Williams, at Bos on, In the State of Massachusetts; George Gr Is wold Gray, of the city, county and Stale of New York; Henry W. Gray, of the city, county and State of New York; Wil liam A Guest, of the city, county and State of New Yerk; I.Miian Cook and O. 8. Lanman, executors, and Eliza beth B. Grimes, cxecutrix, of the last will and testament ot James W. Grimes, deceasad, lata of Burlington, In the State of lows i Charles M. Hall, ol Philadelphia, In the State of Pennsylvania; Beniamin r. Bain, of Crawford, in the State of New Jer sey; Rowland G. Hazard, of South Kingstown, in the State of Rhode Island; Rowland Hazard, of Providence. In the State of Rhode Island; Isaac P. Hazard, of New port, in the State of Rhode Island; Elizabeth Hazard, of Newport, In the stata of Rhode Island; Eliza beth Hazard, trustee, of Newoort. in the State Rf Rhode Island; Mary P. Hazard, of Newport, l the stale of Rhisle Island; Anna Hazard, of Newport, In the State of Rhode Island; Thomas Hawley; Josiah Hedden, ol the city, county and state of Mew York. Aaron Hobart, Jr., oi Boston, in the State of Massachusetts; Bcniamin Holladay, of Portland, lu the State of Oregon ; Samuel Hooper and Franklin Gordon Dexter, copartners, transacting business as Samuel Hooper k Co., at Boston, in the State oi Massachusetts; Samuel Hooper, of Boston, in the State of Massachusetts; Anna Horii*r. of Newport, in the State of Rhode Island; Henry Hotcliklss, ol New Haven, in the State of Connecti cut; Benjamin K. Hough, of Boston, In the state ot Massa chusetts; Gardner G. Howland, of the city, county and Ptataof New York; lleary lngalls; Barton H. Jenks, of Philadelphia, In the Slate of Pennsylvania; .lames B. f oh list on, ot the city county and state of New York; David Jones, of the city, county and State ol New York; Adrian laelln and Adrian Iseiiu, Jr., copartaers, doing business as A. Isciin k Co., oi the city, county and Stall of New York ; George Walker and Edward G.Norton, ? xecutiirs of the last will and testament of John L. King, deceased, late of Springfield, in the Bute oi JUssavUuwm; W. Knight Chart** A Lata barn, (?rttutl of t!n? citr. coui.ty an.1 State of New York: be Lock wood, of the city, county and Hiate of New York- 1 lu>nia< 1-ord. ot the city, county and State of New York; Al.ti-t a. uw, of the city, county and Slate ol New York: William II. Macy, ol the city, county ana fr-Uitc ot New York ; lit nry !*. Mci^iinb, of W iluiuiKtoii, la the State ot Delaware; t'vrua II. McCormlck, ol < hicuni, in the (state ot Illinois. KnOert <1. 8. McNeil, ot Philadel phia, ia the statt; ol Pennsylvania; U. A. Miller; Edward C. Moore, of the city, county IM State ol New York: B. Reed Meyer, or Philadelphia, in the mate of Pennsylvania; rhurlet H. Nellnon. of the city, county and state of New York; Frederick Niekerson, of Boston, iu the State of Massachnsett<; Joseph Nickers.n, of Bontoa.in the State ot MWMcnusetts; Thomas Nlcker .aou, of Boston, in the State "of Ma??aeliu*ctU; (ieorite op dyke. of the city, county and Stale of New York; OeorKe Opdyke. Charles W. Opdyke, George T. Opdyke. Ilcnry B. Opdyke and George W. Pariee, copartners, doing 1 ami nes. aa (leorge "OpSyke k Co., of the city, county and State of New York; P. W. Patterson; J it nut Plialpa, of the city, coaatv and State of New York; Nathan Peck, of New haven, in the State ef Connec:icat; Joseph B. Plfot, of tha city, coaiity and State of NeW York; Paul Pohl, Jr., pi Philadelphia, iu tho Sntta of Pennsylvania. Joseph ltichard>on, ol the city, county and State of New York ; Henry A. Bobbins, of tho city, county and Sute of New York; Koyal K. Bobbins of Borton. In the Sute of Mas ?achiuetti; Uenry A. dobbins and Royal E. Bobbins, doing business as II, A. 4 R. E. Robbing at Boston, in the Slate ef Massachusetts; Harvey Bantord, of New ?**???' f*1" atttt0 ol Connecticut; Prosper P. Shaw, ot the city, county and State of New YWrk; Jos ph H. bcranton, of Seranton, In the State of Pennsylvania; Edward 8. Scrauton and Sereno H. scranton, late copartners, doing business a* E. 8. Scrauton A Co.. at New Haven. In the State of Connectl. cut; frrauk Skinner, Josiah Bardwell and Edmued P. (Titter, copartners, under the firm of Prauk Skinner A Co.. ut Boston, iu tlie State of MaiMchu setts; Stoue and Downer, copartners, doing business aa Stone A Dowiter, at Boston, iu the state of Massachusetts; D. N Smith; James N. ftslih,- of the citv, count/ anil Sinte of New York; ThOOMU M. Stetson, of New Bedford, In tho State of Mas?*ehu?etU; William B. Stevens, of tho city, county and State of New York; William B. Stevens, trustee, of the cltv, county and Siate of ffew York ; Ward B, Ste vens, of . lu the State of ronnecttcut: Benedict D. Stewart, ot Piilladeluhia, in the State of Pennsylvania; George P. Smith, of the elty, county and State of New York; Isaac Thatcher, of Boo on, in the Staid ot Massachusetts; Lydla Torrev,tor Newport, In the Style of Rhode Island ; George francis Train, ot the city, county and State ot New York ; John P. Tracy, of Chicago, In the State of Illinois ; Ezckicl H. Trowliridke. of New Haven, (u the State of Connecticut; Henry Trowbridge, of New Haven, In the State of Connec ticut; Charles Tuule, of Milford, iu the State of Connecti cut; Sophia Vernou, of Newport, in the btate of Rhode Island ; Charles C. Wnite, of the city, codnty and State ol New York; John M. S. Williams, ot Cambridge, in tho Stale of Massachusetts; John S. Williams and William 11. Guiod, copartners, iransactiugbusbies* under tho tlnn of Williams A Onion, of the city, county and Stale of Now York, William White, of New Haven, in the State of Connecticut; Martin Zbrowck}, el the city, county and Stale ol New York; Edwtn It. Morgan, ot the city, county anil 8tnte of New York, surviv ing trustee under the first mortgage made by said Union Pacific Railroad Company, his asso ciate in said trusteeship, Hakes Ames having deceased; Cyrus H. McCormlck, or the city, county and State ot Now York, aad John Dnlf, of Boston, in the Slate of Mas sachusetts, trustecsundcr the so-called laud grant mort gage ; John K. DutT, Benjamin E. Bates and K. Gordon Dexter, all of Boston, in the State of Massachusetts, trus tees under the so-called income bond mortgage. THB BILL OPENS by reciting the various acts and provisions of Con gress providing for the creation of the Union Pa cific Railroad Company, its franchises and obliga tions, and the original Issues of government bonds as provided for by Congressional enactment, tho latter showing that at different dates, beginning on January 21, 1866. and ending on July 14, 1870, the United States issued to aaid?ompany currency bonds, due in thirty years, wltft interest payable semi-annually, in all respects aa provided for in the acts of Congress before referred to, to an aggre gate amount of $27,230,613, which bonds were sold by said company and are outstanding. On these F bonds the company has tailed and refused to pay the interest which has accrued and is accruing, and the same has been paid by tlie United States as it fell due. After deducting from the amount of Interest so paid by the United States the amount for gov ernment transportation allowed by law to be de ducted an aggregate liability of said company to the United States on said interest ac count remained on tlie 1st of January, 1873, amounting to $6,198,709 77, making an aggregate liability of the company at that date on United States bonds issued to the company, principal and Interest secured by a lien under the acts of Congress on the property of the company, of $33,435,221 77. The balance so ex isting by reason ol the non-payment of Intercut by the company is rapidly accumulating. The complaint next gets forth that en or about November 1, 1805, In pursuance of A DHKD EXECUTED between the company and Edwin D. Morgan and Oakes Ames tiie company issued first inottgage bonds, having thirty years to run, at six per cent, to the amouat of $27,237,000; that in pursuance of a deed of mortgage, entered into on April 16, 1867, between the Union Pacific. Railroad Company and Cyrus H. McCormick and John Duff, the company Issued land grant bonds aim mortgage to the amount ol $lo,400,000. ol which biiiii w??re are yet unpaid and outstanding $8,811,000; that on September 1, I860, the company entered luto a covenant, in the way of mortgage, with John A. Duff, benjamin K. Hates and F. Gor don Dexter, upon which were Issued $lo,000,000 of income bonds, but this deed was not so executed us to he valid, uud the amount Is all unpaid; also, that subsequently bonds were issued by the com I pauy, xnown as "bridge bonds," upon A MORT<1A<<E OF THE BRIDGE over the Missouri River at Omaha, to the amount 01 $2.?<00,000, ot which sum $2,468,000 are yet out standing and unpaid; that on December 12, 1872, the company passed a preamble and resolutions authorl/.lag the Isbuo 01 "sinking fund mort gage bonds," and reciting that the company will require about four millions of dollars for the payment of coupons and obligations matur ing on or before April l, 1873, and that the Income bonds or the company, amounting to ten millions of dollars, mature in 1874, and ordering a mortgage upon the land, laud grants, read bed, appurten ances and property of the company to be made to secure the payment of the bonds of the company far sixteen millions of dollars United States carrency, or for three mil lion two hundred thousand pounds in British sterling, with interest at the rate of eight per ceut per annum currency, or seven percent per an num British sterling; which bonds were expressed to be for the redemption ol Baid income bonds, and each to be culled "a sinking fund mortgage bond." PT.ATES ARB BEING ENGRAVED by which the bonds contemplated by this resolu tion are to be printed, and, unless enjoined by this court, aaid railroad company will soon issue and put said bonds on the ma< ket. The complaint far ther alleges that the company has a floating debt of $2,000,000, and lias issued eertiflcates of its stock to the amount at least of $36,732,900, all of which Is now outstanding and la held by persons claiming the right in proportion to the amounts held by them to participate to the management qf (lie com pany ; that the company is bankrupt; that the cost of the company's railroad and telegraph lines was considerably less than half of the Bum repre sented by the aggregate of stock certificates and pretended liabilities Issued by the company; thai a large part ol these various houds ami certifi cates ol liability were issued unlawfully; that THE COMPANY'S EAKNINtid are not. sufficient to pay the accruing Interest on the floating debt and on the various classes of bonis issued, after deducting the running expenses and cost of repairs; that new ties and rails will be necessary for nearly the entire length of the road within two or three years, and thai $10,000,000 will be required to pay Interest on income aad other bonds which wj.ll be due in Septemoer, 1874, but tiidt the de'mpany has no money to meet either of these coining emergencies; tnat the company has entered into various agreements with the Pullman Palace Car Company, the Wyoming Coal and Mining Company, the Omaha Bridge Transfer Company, H. M. Hoxie and others, which are lraudulent and disadvantageous to the interests of the stockholders of the Union Pacific itallroad Company and In violation of their rights; that In the furtherance of deslgus of becoming possessed ot all the stock and franchises of the Union Pacific Railroad Company, to nse, manage and dispose of l,lie same (or their private benefit, on the 21st <lay of November, 1?64, certain persons named in the complaint purchased all the shares of stock which had been subscribed for in the Credit Mold iter of America, a corporation formed under tho laws of the Htate of Pennsylvania, said persons being T. C. Durant, Cornelius S. Btishnell, Charles A. Lombard, 0. T. M. Davis and Henry S. McCoinb, directors or the Union Pacific Railroad Comnauy; that this agreement and contract was incompati ble with ami iu VIOLATION OF THE CHARTER of the said Unieti Pacific Railroad Company; that the Intent ol Durant and his associates was to substitute the CrOdit Mobllller ef America as a contractor for R. H. Hoxie and his associates, who had undertaken?viz.. to bull?l 100 miles of the railroad and telegraph westwardly from Omaha? said Hoxie, however, being a person of no respon sibility or means, and his name being used aa a cover t* secure the said contract, In disguise, to Durant and associates, said contract being, in (act, made by Duraut and associates In the name of the company on the one side, with themselves in the name of Hoxie on the other; that, in pursuance of these fraudulent designs, un lawful purchases of Union Pacific stock were made in the name of the CrCdlt Mobiiler, 17,000 shares being ao purchased and conveyed to said Credit Mobiiler; that there were fraudulent allotments of said I7,ooo shares of stock to the number 01 11,000 stares; that said ll.ooo shares, npon which Iv was pretended thirty per cent had been paid, were allotted and distributed to said parties themselves for a nominal consideration to be paid therefor; that on or about August 18, 1?W, they caused 14,000 shares in the said Union Pacifle stock, acouired by the Credit Mobiiler under TUB BO-CALI.BD HOXI* CONTRACT, H otted and distributed to themselvefl as stockholders in the CrCdit Meblller; that on De cember 31, 1866, they fnrther caused 24,000 snares so acquired by the Credit Mobiiler to be similarly allotted and distributed to themselves; that the same defendants also caused the Credit Mobiiler to procure from the Union Pacific Railroad Company, firetendedly in payment for the construction of ine under the Hoxto contract, certificates of in debtedness or scrip receivable In payment for sub scriptions to stock in said Union Pacific to the amount of $4,ooo,oo<): tliu? mr.v, 1807. snld defendants pretended to ? lures >f rlie Credit WUfcOft. . . ???? ?.?? ?????<? ami caased to be Issued to each stockholder ad ditional shares equal to one-liair the uumtoer of shares then held by him, which said shares were taken by ail such persons so rectfving them, well knowing the lraudulent desicn of the other at tendants, and expecting to be themselves benefited by the said unlawful act of the others; that about the olat day of December, ism, caused a A MKKK DKVICB for making a division among the said defendants, as stockholders of said Credit Mobllier of America, of 1,250 first mortgage bonds of the Union Paclflo Railroad Company, which said defendants, aa stockholders of the Union Paclflo Railroad Com pany, had caused to be delivered by the officers of said company to said Crt'dlt Mobllier of America, aa assignee of Mud Hoxle contract, and on the pretence of payment lor the building of the railroad and telegraph line of said Onion Pacific Railroad Company under said contract, and the persons defendant! as a/ore^%ld. who took said pretended increase of stock, received one of said boads lor each ten shares of said Increase, and paid no more than 110 per share for the same. The parties defendant, all of whom were, or soon after became, stockholders of the Union Pacific Railroad Company, who received such first mort gage bonds as ^foresaid, and the amount received y each, are as follows John B. Alley $2,600 Isaac P. Hazard. $11,500 Oaken Ames 40,000 BenjainlH Holladay.. 25,(RK) Oliver Ames lSti.ZSO Samuel Hooper A Co. 2S.U00 Eiisha Atkins 20.600 Banou U. Jeuks 12.800 Ezra H. Maker 1)1,150 Darld Jones 12,500 Joslah Bard well 17,300 JohnL. King.. 2.500 Oliver W. Borne* 800 C. A. Lambard 62.MJ) Bcnjaiuin E. Bates... 16.000 A, A. low ... Cornelius s. Bushnell 35,000 William H. Macy 12.500 Oliver 8. Chapman... 18,800 Hewry 8. McComb... 25,i*? Henry C. Crane 2,000 C. H. McCormlck 31,200 Sidney DUlon 31.250 K. ReedMever 1,000 TnomasC. Durant... .241,050 Frederick Nickerson. 12,800 L. Kuctenc French... ? 1.UOO Joseph Nickerijon.... lii-WO Horatio Gilbert 6,250 Thomas Niekcraon.... 5,UOJ toraliQJ. Gilbert.... <,350 licorice Opdyke 23,100 W. tlllmore 5,000 Paul 1'ohl, Jr 300 W. 1'. Giidden 31,250 J. H. Scranton 250 a. Grlswold Oray 63.S50 B. U. Stewart 250 H. W. Gray....'...T'.r; 1,250 O. F. Train *780 James W. Grimes.... 13,600 0.:C. Walte *,*? Charles M. Hall 750 .1. M. 8. Williams Sl.ono R. (J. Hazard 80.000 William!) A Uuiou.... 12,500 Rowland Hazard.... 11,500 That the ownership of stock and the manage ment of both corporations was In fact the same; that in December, 1867, the same defendants caused to be distributed to themselves in tlio way of dividends, without consideration therefor, 1?,000 shares oi Union Pacltio stock, on aucount or ttity eight miles of road constructed weBt of the looth meridian, aud that said stock being first issued to the Credit Mobllier wuh distributed to themselves, stockholders of the Union Pacific, in their charac ter as stockholders of the Credit Mobllier. ANOTHER LIST. The following Is a list of those who so acquired and received slock by way of allotments and divi dends:? . .. . By aitot- By (ffrf- By allot- Bylivi rnmU. tUntt. infill*. deiuL Xctmts. Sluirc.Shurm. JViito?. Sha.ret.Sharet. John B. Allev... 1.000 116 B.Hazard.trustee ? 5 Oakes Allies 1,619 782 Mary P. Hazard.. ? 4 Oliver Ames.... 6,261 1,872 Anna Hazard ... ? 8 F. W. Andrews.. ? 40 Josla lledden..... ? 40 Eiisha Atkins... 6T4 248 Aaron Hobart, Jr. ? 10 Ezra H. Baker.. 625 24!) B. Holladay 1,000 300 EzraH.Baker.ir. ? 20 8. Hooper A Co... 1,1)00 300 Joslah Bard well 600 884 Hcary llotc h kiss. ? 60 JosiahBardwell, __ Barton H. Jeuks. ? 200 trustee ? 120 J. B. Johnston.. ? 80 O. W Barnes.... 30 6 David Jones BOO 182 B. E. Bales 1,200 100 John L. King.... 50 32 Eli Beard ?? 40 C. A. Lamliord.. 2,500 310 8. M. Beard ? 40 Le G. Lockwood. ? 200 B. M. Boyor.... ? 30 A. A. Low ? 40 (1. Bradford ? 40 Win. H. Macy... 428 120 Wni. B. Bristol.. ? 20 H. 8. McComb.1,100 2(50 C.S. Bushnell.... L450 164 C. H. McCormick 1,251 378 O. 8. Chapman.. 624 124 B. (J. K McNeil.. ? 2 H.C.Crane 30 81 B.C.Moore ? 4 W. A. Cumndngs ? 40 K. Reed Meyer.. 30 ? Samuel T? Dunt. ? 40 O. II. NeiUon ... ? 40 John M.fcavis... ? 200 Fred. Nickerson. 800 100 I W. F. Day, J. Nickerson 800 152 cashier, in trust ? 40 T. Nickerson.... 200 60 Sidney Dillon... 1,280 402 George Opdvke 700 2H4 .lohnU. Duff ? 782 Nathan Feck... ? 40 John Duff 2,500 ? J. B Pigot...... ? 60 T. C. Durant 12,068 1,966 Paul Pohl, Jr... 12 2 S. U. Femeudeu. ? 20 B. E. Bobbins.. ? HO P.B.Foster ? 2U 11. Sandtord.... ? 80 L. E.French.... SO 8 J. H. Beranton. 5 2 Fourth N'l. Hank ? 300 F. Skinner A Co ?200 W. D. Forbes 200 ? J. N. (smith ? 162 H. Gilbert 251 74 B. D. Stewart.. 6 2 II. J. Gllhrrt..?? K5 64 I. Thatcher ? 36 E. W. Gilmore.. 150 60 Lydia Torrey.. ? 4 W. T. Giidden... 1,250 260 Geo. F. Train.. 260 70 O. G. Grav 2,514 648 Eski. 11. Trow. ll.W.Gray 60 ? bridge......... ? 20 Jan. W. Grimes. 60U 152 H. Trowbrldgo. ? 30 Anna Horner.... scrip, $40 B.Vernon scrip, $10 Onas. M.Hall... 15 ? C. C. Watte 50 32 R. G. Hazard.... 2,000 678 J. M. 8. WII B. Hazard 378 120 limn* 1,245 218 Isaac P. Hazard 625 152 Williams mid Eliza Hazard... ? IS Gulon 600 ? Totals ! 4 14,662 The complaiut next alleges that AM. WERK JOINTLY INTKRR8TED in the profits and benefits of the so-cailod IToxle contract, and that the said profits were regularly allotted and distributed among said defendants, aud that all of them so continued to be Interested therein throughout; that between the 1st and ltltli days of October, 1867. said persons, stockhold ers aud managers of the Union Pacific Rail road Company. entered Into a series of writings, Intended in effect to con stitute a written contract with them selves, acting liKhe name of salo railroad company on the one side and in the name of said Credit Mobilier on the other, lor the construction and equipment of 667 miles of said railroad aud tele graph at prices and on terms therein stipulated, which 667 miles began at the western termluus of the Hoxle contract and extended westwardly, In cluding the 138 miles already built and paid for at much Tower prices. The said series of writings consist of a writing purporting to be a written agreement between the Union Pacific Railroad Company and Oakes Ames, dated Auvust 16, 1867, but not executed until the 1st day of October, 1867; of a writing purporting to be the record of proceedings of a meeting of the Executive Committee of the Union Pacific Railroad Compauy. held on the 1st aay of October, 1867, and of a writing, dated October 15, 1867, purporting to be an agreement In tripartite between Oakes Ames, party of the first part, Thomas C. Durant, Oliver Ames, John B. Alley, Sid ney Dillon, Cornelius S. llushnell, Henry S. McComb and Benjamin E, Bates, parties to the sec ond part, and the Credit Mobllier of America, parly of the third part; that the objects and effects of the arrangements provided for lu these writings was, first, k DTR1BCT SPOLIATION of the Union Paclflo Railroad Company to the extent of about $3,000,000 of the stock and bonds of said company by a distribu tion thereof among tue said defendants without consideration, under pretext of a contract to build ami equip a part of said railroad and tele graph which had been already built, equipped and paid for?to wit, 667 miles, beginning at 4hd tan ning westwardly from the looth meridian?also to secure t# themselves prices for said building and equipment greatly In excess of fair prices; also to place the control of the road, In the event of any parties objecting to or opposing the said ar rangement, IntUe hands of seven trustees?to wit, T. C. Durant, Oliver Ames, John B. Allev, Sidney Dillon, C. 8. BusluieU, Q. S. McComb and Benjamin E. Bates. 8TTLL ANOTHKK LIST. The parties deiendant, who were Interested in the Oakes Ames contract as stockholders vi the Credit Mobilier, and who had complied with the firovlslons, conditions and limitations contained n the assignment of said contract to the trustees under the same, were the followlnglnamed per sons, all of whom were stockholders of the Union Pacific Railroad Company as well as of the Credit Mobllier of America, namely John B. Alley. Elizabeth nuzard. Oakes Ames. Elizabeth Hazard, trustee. Oakes Ames, trustee. Mnry P. Hazard. Oliver Ames. Anna Hazard. Frank W. Andrews. Joslah Hedden. Klisha Atkins. Aaron Hobart, Jr. Ezra H. Baker. Benjamin Holladay. Ezra II. Baker. Jr. Samuel Hooper A Go. JO'tah Bard well. Anna Horner. Josiah Rardwell, trustee. Henry Hotchklss, Oliver W Karnes. Benjamin K. Hough. Benjamin E. Bates. Barton II. Jrnks. Bent. K. Bates, trustee. James B. Johnston. Ell Beard. ?l\.v,d,JoJl.p* Sylvester M. Beard. John L. King. Henry Blood. C. A. Lamliard. B. M. Borer. LeOrand Lockwood. Gamaliel Bradford. A. A. kow, William B. Bristol. ?flUuV71 JL1, C. 8. Bushnell. H 8. McComb. Oliver ?. Chapman. C. M. McCormick. Oliver Charlick. S0,.'?ri MoNell. II C'rHiio. Moore. li e'Crane trustee. Charles H. N'ellson. H. C. Crane, trustee of W. Frederick Nickerson. D Train. Joseph Nlckerwin. William a! dimming*. Thomas Nickerson. Samuel T. Dsna. John M. Davis. , P(!.ck William r. Day, cashier In J. B. I lpot. tnmt. Paul Pool, J?- . Sldnev Dillon. Joseph Rlchardoon. Sidney Hlllon, president. t nry A Anna M. Dodge. S?-ra^ " John R. Duff. Thomas C. Durant. J. Sewall H. Fessenden. F. Skinner A Co. Plerrcpont B. Foster. F. Skinner A Co., trustees. L. Kugene French. N. 8mlth. Fourth National Bank. Thomas M Stetsori. John Gardiner, truitee. W^? Btjsven*. trustee. Horatio Gilbert. B. D. wart. Horatio J. Gilbert Isaac Thatcher. E. W. Gilmore. Lydla Torrey. William T. Gildden. Mill lie Davis Train. O 0 Gray. Ezeklel H. Trowi.ridge. H W. Gray. Henry Trewbrldge. James W. Grimes. Sophia Vernon. d (i kA/ard ()? v. Waite. Rowland Harard. J. * 8. Williams. Isaac P. Hazard. Martla Zbrowski. It is further alleged that they derived excessive profits from the work performed under said pre tended coBtract. and that large dividends were paid under It. .After reciting other contracts of similar lofty aim and re^h, the complaint declares that all of said contracts with Hoxle, Oakes Ames and James w. Davis were not genuine oontracw, but were mere COVBR8 ANB DBTICMI to aid the deiendants engaged therein to fix their own prices for work and materials, and under an appearance of centracts to distribute among them selves th? Property; that the issues of ?t^ *nd bonds were fraudulent; that the ntoney_ or the company was spent for rtnUwtol pur

poses; that larger numbers of dividends were made which are yet undisclosed, Ing in all to $17,ooo,ooo in excert ef the sums already set forth, but that these dividends and distributions eannot at present be set forth in detail; thai defendants still hold the stock and bonds so distributed and divided; that all the various transactions set forth have eotnblned to reader the stock of the Union Paclflo Railroad Company of no present or near future *alae. n iid that It now is put upon the market ?<<?> naaaes Irresponsibly from band to hand at nominal prices; that the company exceeded its powers in issuing Its 11 rat mortgage bonds and all of tbti land and luconio bonds and stork ; that tue giants to Uie Union I'atinc Railroad Company in the acta oi Congress wore a trust mud (or a public purpose and that the United H t.te* Is entitled to certain rights and guardian ship thereto, and that a* accounting (mould be taken of tke fair cost aud value of all work done in constructing and equipping said road and tele trrapb; that the present management ol the road la adverse to the Interest* of the United Statea and Its citizens; that all tho allot ments, distributions aud dividends of stook of the Credit Mobilier and of the stock, bonds and cash of the Union Pacific received by several of the defendants were in lact and law only received by them as the trustees of the rights and interests of others, cituens of the United Statea. TBI PRATER or TBK COMPLAINT. Alter waiviug answer by oath, except as to John B. Alley, Josiah Bardwell, Benjamin E. Bates, Henry 0. Crane, W. P. Day, John Gardiner, Eliza beth Hazard, Prank Skinner, Josiah Bardwell and Edmnnd F. Cutler, copartners as "Frank Skinner A Co.," and William B. Stevens, and as fo T. 0. Durant, the Fourth National Bank of New York, Charles EL Nellson and Sidney Billon (as President), and except as to tke executors of Oaken Ames, and except as to Sidney Dillon as President of the Credit Mobilier, and also Except as to Horace F. Clark as Presldeut of the Union Pacific Railroad Company, and except as to Benjamin E. Bates as treasurer of the ex ecutors of Oakes Ames, of whom answers to specific interrogatories are required, asks that all grants referred to be declared to have been public grants for a public purpose; that the Hoxie, Ames and Davis contracts be declared fraudulent and void; that the lnstr*ments promulgated by the company, and purporting to be mortgages exe cuted by Its authority, be declared unlawful and invalid; that accountings of various works and expenditures be taken; that all bonds dlstrib* uted among stockholders as profits be decreed as surrendered to the company and be can celled; that Durant, Oliver ^mes. Alley, Dil lon, Bushnel), McCorab, Duff, Bates and the trustees of Oakes Ames and other contracts be bound to make good to the company in money all the bouda and stocks Improperly issued to them; that all of the defendants wlio received any such dividends or allotments of bonds or stocks, and which cannot be reached by cancellation, but are in the hands of txmn.Me purchasers be decreed to pay the amouut thereof In cash to the companv, and, in brier, that all and each or the defendants be required to account for all moneys, securities or bonds improperly issued to, received, retained or disposed of by them; that all and each ot the said defendants and officers of the company be re strained by Injunction from doing all such acts, and that the subpuena of tho Court be issued re quiring all of certain individual and corporate de fendants uamed to appear before aud answer to the Court, and to abide its decrees in the premises. The total sum to be accounted for will, if a ver dict be given agalust all the delendants, be pro bably not less than $2fi,ouo,ooo, and interests In the litigation may be transmitted, in all likelihood,.to the second generations ot the posterity of some of the parties defendant. THE ATLANTIC WRECK Divers Operating Successfully-Bodies Horribly Mangled by Blowing Out the Bide of tit* Wreck?'The Supposed Body of Mr. Fisher, of Vermont?A Seizure for Compensation. Hamfat, N. 8., May 20, 1873. Captain Merrltt, of the Coast Wrecking Com pany, came up from Prospect last evening, where the divers have been operating successfully during the past week on the Atlantic wreck. He reports a large quantity of cargo still in the vessel, which may occupy the best part of the Summer to re cover. The divers experience no little difficulty In getting at the cargo, In consequence of the sides of the wreck having fallen in among It. M'he blowing out of the side of the wreck re sulted, as many feared, so far as the bodies of the passengers supposed to be still in the vessel were concerned, In having mangled them beyond all possible recognition. Divers say that heads, hands, arms, legs and feet torn from bodies from continual contact with the broken and jagged, iron of the vessel's under tow near the wreck, were Btrewn on the bottom in svery direc tion. Kven bodies that are found intact require careful liandliuir less they fall to pieces while being hauled up to the surfacs. On Thursday a line was made fast to a body, hut in the act or being taken up, the head was severed from the body. That same day Louis (Jitllliinder, of the wrecking company, descended fur the pur pose of inakmg an inspection of the wreck. Wedged In among a quantity of iron stancneons and plates which had fallen in from the Vessel's side was the body of a stout man with mustache, ana dressed in black clothes, evidently a cabin passenger from the heavy gold sleeve buttons -and shirt studs, and watch and Chain. An attempt was made to bring the body up, but the Iron on the legs could not be loosened without tew ing the legs from the body. This the diver did not want to do, as from the description of the body he supposed it to oe that of Mr. Fisher, of Vermont. Another effort will be made to re cover It. The body or a female and two bodies of male steerage passengers ware recovered. The salvage portion of the cargo recovered by the Hatuax divers is being soidTiere and brings Sood prices. The cargo or the schooner Annie rswn, which had been chartered by tue wrecking company to convey Wrecked goods to New York, was seized yest erday by the Marshal of t he Vice Admiralty Court, at the suit of Edward Ryan, James Coolan and others, residents of Prospect, who claim compensation lor saving life and prop erty at the time of the wreck or the Atlantic to the amount of $8,000. it is believed the matter will be arranged by the company gtviug bonds here. STRIKE OF THE CARPENTERS. The Journeymen Carpenters and Joiners Still Struggling for "Right Honrs"? Earnest Attitude of the Men Yester* day?Opposition of the Boss Carpenters Excitement Among the Organized Bodies?A General Strike Expected To Day. The members of the various societies and organizations of carpenters and joiners presented to their employers and to the public at large a very earnest attitude /ester day, with the determination of securing the adoptlen of the "eight hour aystem." This course of actios has no doubt been the result of their aplrited meeting last Friday evening in Republican Hall, when it was unanimously resolved that a general strike for eight hours should be M&de on or before to-day. The employers were taken unawares by this hurried and well concocted plan of ac tion, and could hardly be made cognisant yesterday that the hour was taat approaching when their workshops would be lett unattended to. An executive body met yesterday In a private rendez vous and appointed sub-committees to curry out the wishes and plans of the society, which had been carefully thought over during Saturday and Sunday?the most im portant daya to the members?for during their idle hours they hold discussions and are buoyed up with iresli hopes by the encouraging opinions which each manglves to the other. On both the east and west side the greater number of the society men seemed to remain Intentionally from work yesterday, and thougn some violence was expected on their part against the numerous bands of non-society men still employed in very many establishments, yet there was no disturbance ot any kind. Home information being received at Police Headiiuartera to this effect, 8u P'-rintendent MaUeil Instructed Inspector Iiilkes to tele graph to the various police captains to be particularly watchful and prompt In case any riot should arise among the strikers. The orders, although to some extent neces sary, were premature, for there seemed not even the In tention of violence to exist among the men. At Munzinger's Hall, In Thirty-second street, where the eight-hour men generally amemhle, a large number et the moat prominent members of the organisation of the United Amerlcau Carpenters and Joiners were hold ing continual discussions during the day, in wnlch they Invariably dalounced the policy of those "bosses" who during the Winter gave their men eight hoars, and who now pretend to be so pressed by contracts as to compel thein to work ten hours. Home "bosses" have been con sldi rate enough to comply with their wishes by increas ing the number ot man in their employ, but all ten-hour shops are, according to the statements of aeveral society men, to ba visited to-day under the direction of a special committee, and the tonrneymen there employed will be solicited or forccd to leave , so that some serious trouble may be expected. At the Oermanla Asaembly Rooms, Teutonta Hall, Military Hall and Oemllt Hall, on the east side, various unimportant meetings were held during the early part of last evening. The definite action of the societies is to be made known to-day. The principal tradea unions of this brsnch of mechanics hold their conferences secretly, and unlesa spoken to Individually seldom make known their direct intentions, and hence their strike is always unex pected and almost always successful. The boss carpenters and builders held an opposition meeting yesterday afternoon at the Mechanics' and Traders' Exchange to counteract the action of the Journeymen. It was the general but delusivs impression among them that there was no strike impending, so much had they been taken by surprise. They complained, as usual, of the stagnation ot trade and the pressing of con tracta, and aaid thatflity per cent of the carpenters were at present out of work, while the men employed are belag paid forty cents an hour tor ten houra' work, which was considered reasonable. Under these circumstances they saw no reasonableness In the amanda of the societies. In several establishments n-society men have been employed, to the great dls satisfactlon of the trades, who are generally opposed to thein. But the proprietors of these establishments afllrm tholr intention of keeping son-society men at work and Of permitting the others to leave, while they also make known their Intentions of having the peace preserved under every circumstance. Large crowds of carpenters walked the streeta Idle yesterday, and to-day a general outbreak of the societies and much excitement U ex pected. THE AMAHBA8 CLIQUE. The Notable Writ of On# Warvuato Not Yet Obtained Against Governor Baxter. Lima Roc*, Ark., May 20, 1873. Mr. Brooks navlng asked the Attorney General to apply for a writ of quo warranto, the Supreme Court was crowded this morning In expectation of Its issnance. No application was made, however. Brooks says the whole matter now rests with the Attorney General, Yonley. Tonlejr says he cau demand the writ from tbe court. SARATOGA TROTTING ASSOCIATION. Th? Annual Mmy Meeting Ytittrd?f Tl*e Ru*ii The seventh annnal raring meeting or the Sara toga Trotting Association took place yesterday afternoon at the Fleetwood Park Coarse, la West chester county, and was the occasion of self-glorl flcatioo for a small nnmber of gentlemen who own only tolerably bat roadsters, bat never are at all hamble la regard to their supposed merits. The day was, aa every one knew, as beautiful as ought to be desired by mortal, the warm sua pouring a cheerful flood of light from the heavens, while playfhl and fragrant breezes blew softly from the south and tempered the sultriness of the atmos phere with a coolness that was delleious. The heats were not promptly began at the ap pointed times, and ail the arraogemeuts seemed to be very far from that perfectloa which would have diverted the day's amusement of tedtousness. The racing was not concluded until alter six o'clock. The following is the announcement ol tae tretters entered to participate In the races :? CLAM 1. H. Helley enters s. g. Star Henry. J. Doty enters ?. m. Jessie. J. Murphy enters Mk. in. Gertrude. Owner enter* br. m. Heinle. K. Udell enters g. g. Badger. CLASS S. J. Doty enters a. g. Mortimer. Owner enters br. g. Colonel Roberts. J. Puulding enters s. g. Basil. A. s. odetl enters blk, m. Lady Npok.es. Owner enters ?. m. Fuzzy. class H. J. Paulding enters blk, m. '1 sixer. Owner enters br. g. Flour Hoy. A. S. Odell enterss. ni. Dolly Varden. E. Odell enters t>. g. Krunk. Owner enters blk. in. Jersey Maid. Owner enters b. g. Dunoon. CLAKS 4. Owner enters br. m. Christine Nilsaon. Owner enters b. gc Fred. Owner enters g g. Joe Hoxle. E. Odell enters g. m. Krou Krou. The first race opened was that Tor fourth class animals (who had never beaten 3:16), and only Christine Nllason and Krou Frou started in it, the former winning both heats enslly, lu the latter the noises being harnessed to wagons. The winning time ol the ilrst heat waa 3 :ib and of the second 3 :02 *. The third class raco (for horses that had not beaten tnree minutes) was started between Frank, Teazer, Jersey Maid, Flour Boy and Dolly Varden, and the first two or three heats were quite In teresting. lu the first heat Frank was ahead at tho hali-iulle pole, but broke badly on the last quar ter, coming lu ahead, however, with a clean gait, distancingTeaaer and Jersey Maid by only a lew paces. The time ol winning was three minutes. Dolly Varden was clear behind, and was shut out from the rest ol the race. In the second heat Frank again broke up badly, but came In ahead, al most even with Teazer, and was declared winner amid loud murmurs of dissent. Time, 8:03*. During tho third heat Frank ran, instead of trotting, as he had done m the previous ones, and consequently passed the Judges' stand ahead of his competitors; but Jersey Maid, who did the mile at a splendidly even pace, was declared winner In 2:55*. In the fourth neat the struggle was confined to Jersey Maid and Flour Boy, all others having beea excluded. It now bccame the object of eager attention. After the half-mile pole Flour Boy, who had the outside position, made "a spurt" and passed the Maid, but again fell back. He again retrieved his loss, now ever, and came home about two inches ahead, wlnnlug in 3:03*. Jersey Maid was beaten by Flour Hoy In the fifth neat in 3:04l4', but the strug gle was hard. Auother heat had to be trottea to decide tho race, and It was won by Jersey Maid In 3:07*. The race for second class horses, who had not beaten 2:86, was begun by Mortimer, Colonel Rob erts, Basil and Lady Spokes. The first heat was won by the latter in 2:4H*, both she and Mortimer making the hair mile in l :20*. Spokes Is a pacer and mixed her gait, resting herself by changing it, and thereby caused great dissatisfaction among tho crowd of bet ting men. In the next heat she passed the wire ahead, but was adjudged third ror this fault, Roberts winning lu 2:44%. In the third heat Spokes was again In ahead through her incorrigi ble pacing, but Mortimer, who was next, was de clared winner, in 2:47*, Colonel Roberts second and Spokes third. Mortimer won the fourth heat in 2:4s*. Mortimer won the fifth heat, In 2:50*, and was declured victor of the race. Lady Spokes at the elose ol the fourth heat was withdrawn from the race without permission ol the judges, and was sentenced by them to exclusion from the course for one year. lu the race lor first class only Gertrude aad Star Ilenry started. The first heat was won by star Henry, In 2:47*. The second wbb won by star Henry, In 2:4>*< Tlie third heat was won by star Henry very easily, lu 2:48*, and he was declared winner ol the race. DEERFOOT PARK. Opening Day ot (he Trainers and Driv en' Trotting Meeting?Exhibition* of Speed?James K. Polk and Sensation the Winners. The trotting meeting gotten up by the trainers and drivers of this vicinity Tor the benefit of their Protective Association was successfully inaugur ated yesterday afternoon at Deerfoot Park (for merly Hall's Track), the attendance being good and the sport of a satisfactory character. As the whole proceeds of the meeting will be handed over to the Treasurer of the Association?nothing being received by the owners of the horses?the events can only be termed exhibitions of speed. Entered lor the first race were a. N. Ferguson's chestnut gelding James K. Polk (formerly Clondman), J. D. McMaun's chestnut gelding Fred, Dan Mace's chest nut mare New Berlin Girl, 8. 8. Hayes' bay gelding Black Prince, J. H. Phillips' sorrel mare Fanny Fern, Owner's bay mare Lady Baccnus, M. W. Olcotl's black gelding Contraband, William McMahon's bay gelding Coroner K., Alexander Patterson's bay stallion Manhattan and George Wright's sorrel geidlng Constitution. Of these James K. Polk, Fred, New Berlin Girl, Black Prince, Fanny Fern and Coroner K. started. Before the race Fred was the favorite over the field, $20 to $17. There was much difficulty In getting away for the flrat heat, the word being given at the fourteenth at tempt. Jairies K. Polk, contrary to expectation, went to the front belore the quarter pole was reached and won the heat by two lengths. Coro ner K. was now the first choice, aa It was con tended Polk would became tired, but after a well contested mile, in which Coroner K. made several breaks, Polk came in the winner by two lengths. For the third heat Polk was the favorite? $20 to $7 over the tleid. Fern toak the lead, but before the quarter was reached Polk went to the front and maintained the position throughout, winning the heat and race by two lengths, Coroner K. second, Fred third, Fanny Fern fourth, Black Prince filth and New Berlin Girl sixth. The mile was made in 2:3?K. The second event, or Class No. 2, had entered BenJ. Mace's bay gelding Sensation, Jno. Lovett's brown gelding Young Bruno, J. H. Phillips' bay gelding Kd. White, John L. Doty's bay mare Lvdla Thompson, Dan. Pfifer's sorrel mare Grace Ber tram, and M. Koden's bay gelding Castle Boy. But three started?Kd. White, fcensatlon and Castle Boy. In the pools, belore the first heat, Sensation was the favorite over the field, $20 to $?. They got off at the second attempt, and at the quarter pole, in thirty-nine ceconds, Sensation was one length to the front, Ed. White second, and Castle Boy third. Coming up the homestretch, the first time aronnd, Sensation left bis feet, and at the hair-mile In 1:1# White was flrat, sensation second, and Castle Boy as before. Leaving this point. White went into the air, and before the three-quarter polo had been reached Sensation cobared him, and, not withstanding another break, landed winner of the heat in 2::is by one length, Ed. White second, two lengths ahead of Castle Boy. The sec ond heat Sensatioa got off with the lead, and at the quarter was one length is frent in thirty-nine seconds. At the half, in 1:1?, thla lead was in creased to two lengths, and, going along steadily, Sensation won the heat by one length, without a skip. Castle Boy was second and Kd. White third. The mil* was made in 2:33. There was no betting now, it being a toregoae conclusion that Sen?atlen would prove the winner. They got away evenly for the third heat, Sensation going to the front an the turn, and, maintaining ills advantage, came home one length In advance, thus proving the vic tor. The quarter was made In forty seconds, the half In 1:17 and the mile la 2:30*. The loilowing are the summaries af the day's sport:? DkkrfootPark (formbkly Hall's Track), nrar Brooklyn, l. I., May 2?, 1873.?Class No. 1, uule heats, best three in five, in harness. 0. N. Ferguson's ch. g. James k. Polk (formerly Clondman), 1 * \ William McMahon's b. g. Coroner K 2 2 2 J. H. Phillips' s. m. Fanny Fern 2 i 5 J. D. McMann's ch. g. Fred i 5 2 Dan Mace's ch. m. New Berlin Girl # 3 0 S. 8. Haye s b. g. Black Prince ? * 4 V1MK. Quarter. Half. WU>. Pirtt heat 3# };{? Second neat * ??'* 2.3fl Third heat W 1.18)^ 2.36^ Sams Day.?Class No. 2, mile heats, best three ut five, in harness. , , , Benjamin Mace's b. g. Sensation Ill M. Boden's b. g. Castle Bov 3 3 2 J. U. Phillips'b. g. Ed. White 2 3 3 TIM. Quarter. Half. Mile. First heat w 1:J? Second heat 38 l.lfl K1:}? Third heat 40 1:17 J:30 K TO-DAY'S TROTTING. The amusement of this, the eecetd and last day ef the Trainers and Drivera' Trotting meeting, will inclnde three races. First on the list, Class No. 3, has fourteen entries: Ciaas No. 4. saddle race, haa seven; and this contest will be aiade nnnsnally at tractive, aa many of the "Old Timers," will mount the "pig skin," and Class No, ft has tight entries. STOKES' LAST CHANCE. His Case Argued Before the Court of Appeals. A Three Hours' Argument by Kr. Lyman Tre* main?Judgment Expected To-Day?How the Case How Stand*-A Hew Trial at Oyer and Terminer or Resentence to Death. Albant, May 26, 1873. In accordance with the provisions of the act passed by the last Legislature, directing that mur der cases be placed first on the calendar for argu ment, and pursuant to tho recent agreement of the Court and cou nael, tlie case of Edward s. stokes in error, vs. The People of the State of New York, In error, was oolled this morning in the Court of Appeals. All the Judges, except Judge Andrews, were present. The Court was crowded with spectators, among whom were Stokes' father and brother. Mr. Lyman Tremaln, Congressman-at? Large, and Mr. Dos Passos appeared for tha prisoner, and the people were represented by Dis trict Attorney Phelps and ex-Judge Fullerton. Mr. Tremaln opened the argument for Stokes und spoke for two hours and a half. The points made by the learned counsel were the saoie as urged in tuo lower courts. District Attorney Phelps replied ft>r ? u.p..0p ln a lenKfhy address. It is understood arguments will be concluded to-morrow. Hie court will give Its decision ln about ten days. .. , HOW TIIK CASK NOW NTAND8. k . t,eci8lon on the motion which was brought before the Court of Appeals to-day lor a writ of error und an order lor a new trial be Flinpt0 nV If. Pr,8o?er he again tried ln tho Court of oyer and Terminer. But. If, as la ex pected, the decision be adverse, Stokes will be taken immediately to the General Term ol tha ^re"S.C01,I;t,^,.lcre ihe Judgment which shotold have ordinarily followed the denial of his lust mo tion lor a writ of error by Judges Do-vis, Brady and Faneher still hangs over his head, and there re sentenced to death. This appeal to the high c!f Su8tg-, ,l10 Prl,,,?er'" legal chances slioald it bo adverse to him, and with the Governor alone his late will rest ln that event. In ordinary cases resentence Immediately follows the denial of a morion for a new trial in the General lerm of the Supreme Court. That formula was waved In the Stokes case, because his counsel con sented to take the case to the Court of Appeals Im mediately, and the Judges of the General Terra grunted themselves a certificate of error to Stokes as a matter of right, so that the declRlon could be reviewed by the Judges of the Court of Appeals. The original stay of proceeding granted to Stokes by Judge Noah DbvIb alter his second trial still holds good. ABOUT THE CITY HALL. News and Gossip at the Seat of Munich pal Government?The New Chamber* lain Qualities and Flies his Bonds Two New Park Commissioners Sworn In?The Supervisors and Assistant Aim dermen. The Mayor's Offlce and the City Hall generally were quite lively yesterday, although there wa$ comparatively little ln the way of actual proceed ings or meetings going on. There was tbs usual Incoming and outgoing all day of offlce-seekers and newly-appointed officials. Among the gentlemeii who called during the day were ex-Congressman W. C. Robinson, Superintendent Matsell, Mr. James Kelly, School Inspector; Aldermen Cooper, Moms and Falconer; Commissioners Moulton and Wheeler, of tlie Tax Department; Commissioners Blnsinger and Wales, of the Department of Forks,, and an army of gentlemen of lesser note. Commissioners Bv.sslnger and Wales are tha latest confirmed of the new regime of city officials, aud CAI.LKD UPON TIIK MAYOR to qualify and lormally assume their function^ They were cordially received by some of the other officials, and having received their warrants of office, took their departure. Actlou on the names of Messrs. Church und Wtlliamson for Park Com. uiissiouers will probably be taken on Thursday next. It is now quite certain that Mr. Church's name Willi be withdrawn, ln compllauce with his request, and it is not Impossible that Mr. William son's name will aim) withdrawn, though there Is nothing positive concerning It knowu. Mean, time the names of quite a number of prominent gentlemen are being brought forward in nomination for tlie Commissionerbhlp which will be vacant through Mr. Church's withdrawal, among them being that of Mr. L. I. Phillips, a mei> chant, miliionnalre and real estate owner of this * y* ^ candidacy la urged by manv of th<% 'solid ' and wealthy men of the metropolis. He Is .n,Btl ot Bne attalntments and' tastes, of good business qualifications, und one ol that desires lor the position exists in the fact THE OPFICK IS A NON-3Ar.ARTKD ONE. Captain Albert Do Groot, who contributed so largely to the creation of the Vanderbilt bronza and the franklin statuo, is also named us a liruba. ble nominee. " The new City Chamberlain, Mr. George W. Lani? also called during the afternoon and qualified and filed the requisite bonds for the lalthful perform ance of his very responsible duties. It took unite a long time to arrange the business, as tho transaction Is a very Important one, his bonds 5!?Au/-Sgl being for no lesH a sura than f2,100,000. His sureties are the following welU *n?wn Kcntlemen:?Benjamin B. Sherman, A. R, Ockershauscn. George C. Collins, Thomas Mouaban. William IL Fogg, l>. Willis James. Peter Muller and James Purk, Jr. The bonds of the present Cham berlain will in ull probability be cancelled to-day. and it is likely that Mr. Lane will assume tho duties of his new office this afternoon or to-morrow morning, it has not yet transpired who the NSW OK PUTT ClIAMBJEKLAIN will be. Ho will be appointed by Mr. Lane. Chamberlain Palmer yesterday made the follonW fng statement of receipts, payments and balances for the week ending Mav 24:? Balance In the treao ury May 17, $3,46i,oo4; receipts from May 17 10 May 24, $316,372; payments, $632,387; balance la treasury, $3,221,347. This is, probably, tne last ottlclal statement that Mr. Palmer will render Chamberlain. The Board of Supervisors met yesterday, and the session was marked by the presence of the Re corder, John K. Hackett, who occupied hi* seat as A MKMBKR KX OFFICIO. No business of an oiilcial character was trans acted. In response to an Inquiry, the temporary President stated that the Clerk of the Board imd called on tho Counsel to the Corporation to innutre whether he had hs yet prepared his opinion en thef organization of the Hoard, and as to whether the Mayor and Recorder were not members ex 'iffirlo. The Corporation Counsel stated that the question was a very important and grave one, as it brought into consideration the validity of all future action by the Hoard, and he was not yet prepared to render his decision, but would do so in a few days The Recorder said he had presented himself In tu's seat only under the assumption and belief trom an exaiiiinution of the law that both the Mayor and himself were still eat officio members ol tho nevr Board as of the old. On motion the Clerk was directed to prepare tho PATKOI.L or TUB M KM DP.Its, and the Board then adjourned. The Board of Assistant Aldermen also held ft meeting, ITesldent Wade in the chair. A resolu tion directing the Clerk of the Common Council to memorialize the Legislature to amend tliut clauso of the new charter pr<>hibltlug street improve ments except upon petition or a majority 01 tho property owner* fronting the line of improvement, by providing that a request by the Commissioner o# Public Works lor sucn improvement shall be con sldered such a petition as to warrant the Common Council in ordering tlie Improvements to be made* was amended so as to read "Clerk of this Board,'? and, as amended, was adopted. A resolution was adopted protesting against the Sassage of ihe New York Warehouse aud Katlwa* ompany bill, now pending in the Legts> tnre, on the ground that It is o monopoly and contains no clause giving supervisory powers to any branch of the^mauicipal government, was A resolution wm presented authorizing the Cleric of the Hoard to petition the Legislature against the passage of the act which provides far a loan from the city treasniy to the extent of $2,600,000 to the industrial hxnibitlon Company, which, alter uiucti debate, was laid on tbo table. ' BoAardadjowne5aCUOn ?' ,0me minor bualneM th* BALTIMORE RACES. Selling Pools tho Right Before the Con* f tests. Baltimors, May 20,187$. A crowd assembled to-night in Barnnm*s Hotel to hear Dr. Unaerwood sell pools on tho rocesofto morrow. Tho first race will bo ovsr hurdles, there* being but two entries for the purse, Loch lei and stockwood, the former being the favonto at 100 to 46. The second raco will bo for the Preaknesft Stake for three-year-olds. There will be sevea starters :-Mr. Belmont's two, Oakland and Pert, wlukle, selling as first choice for $26; catesby for$20u Survivor lor #16, Joe Johnson for $16, Artist for $19* John Boulger for $7. The third race, for mile heatsu.' Buekden was tbe favorite, Shylock second choice? True Blue third, Burmese fourth, Jennie Pottersoii and Pennock's colt selling as a field. The last rac of the day will bo a dash of three miles. There fonr entries forlhis event, comfirUihg John Me. sua, uoo, Lucy, Jackson aud Udwiaw Tuev sold eqaal figures. nee. rsot) raca sci rrfi A

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