New-York tribune., 1868-04-16
THE GREAT ERIE WAR.

I'm some OF tho contempt proceedings III the Sthel SUIT
ana being doubtful Of Lis power TO compel an answer
the witness it arranged that he should apply
70 Judge CardOzo yesterday at p. for instructions
Accordingly that hour nearly the fun array
present motion was being argued before the Court,
but MIR. Fullerton took advantage of pause to state
these facts the Court and ask the Judge to hear them
Tho Judge said he had not been party the agreement
and had not down the motion before him for that
hour lie could not disturb his calendar TO hear 1t.
Mr. Perrepont said the Referee had intrusted the
papers hm. and he yet had opportunity TO
present them to the Court.
being informed said that besides the impossiDly oi
taking up account OF the condition Of his calendar
lie understood that this special proceeding before
Judge Barnard, ont Of Court ia which he ad no snt
act. II tie Referee desired Instructions the judge VINO
had jurisdiction must give them. lie did not desire to
hear it until IL came legitimately before MN ,, ~
Mr. Fullerton said they all willing IL should come
judge Csrdozo had rather they should not be willing
MIR Horace = CLARK suggested it could como esti-
Judge CaTdolo said when it did he would dispose of it,
but IL not so before him now ,,.. .o~
orbe Mr. IEa asked the Court if he decided that he
must go To Judge Barnard for Instructions Judge Car,
dOzO made decision whatever except that he "ouu
The r'tsS counsel then retired defeated.
CONTINUATION OF THE EXAMINATION IN THE
CONTEMPT CASE--SPICY sPARRING BE-
TWEEN COUNSEL.
The examination in the case of alleged con-
tempt OF Court wherein Mr. j. c. Bancroft Davis, Of
the Directors tho Erie Railway Company is defendant
was resumed yesterday before John b. Haskin, esq,
Referee. Mesrs A. ]. vanderpCel and Horace F. Clarke
ID Field and ID. b. Eaton for the defense.
The first witness called was Mr. Henry H. Martin, who
being sworn, examined by Mr. Nanderpoe and test-
fed that he is member of the firm OF smith, Gould
Martin Coz the p9rtne5s are Henry N, sWtn m nehTy &
been in existence since December last g. II Is alleged
that about the 9th Of March, 1863 800 certificates
each representing 100 shares OF the capital STOCK Oh tne
Eric Railway Company and each bearing date Mafch
den Co.. and $50 OF them In favor of the firm OF smith,
GOuld. Martin q Co-have you any knowledge
state al you know in regard 10 those certificates
QGeetel TO- as mm9teraI ana rreeVanI w 6sRcr 70 ths @
question. G. Are y0u willing 10 answer whether you
have any Of these certihcatesi a. have seen
them, some Of them. g. How many Of theml A.
Wen, couldn't say certainly @ state as nearly as you
Office IN The course of business. CThe question was
peatedJ Witness (pausinglWe may have seen 100 OF
or 10Th OF March, 1865 of the certificates referred
tOl A. should say that the answer above covers the
present question: said saw hundred Of them more or
less o-,-
whether you did or did not on either the 9th or lh OF
March. 1865 have in possession Of your firm $50 Of
sir O. Do you mean TO be understood by that answer
that you did have that numberf objected toJ A Inc
Mr.. Vandcrpoe-I require direct answer to the ques
ton last put to the wtness. and wish to know whether
he declines TO give any further or other answer lI
hat01 objected that nj the question 10 was ana
decline TO answer that question.
Mr. vandcrpoci-state you can from whom
received either the 9th 10th of March 1863 any
certificates representing the capital stock of the Ere
Railway Co.. which were made out in favor Of smith,
quiry confined to Mr.. Davis as every other
inquiry was irrelevant to his easel Al decline
20 answer the question. Q-Did you, on the
9Th OF March. 1868. see and converse with
with which Of them and wbeTef Obiected to.l A.
have no recollection OF seeing any OF them ON that day
any person persons any certificates Of stock OF the
Erie Railway Co, dated March 1865, and being part of
called in tho preyions Questonsl objected to.l The
m Fd SS ~ tbS Rfere be Witness as
ne had Informed every other witness when similar
question had been put, that he he Referee) had no
power to compel any whatever; and If effort
be made TO compel an answer, application must be made
IA not relevant The Referee SAID that he had no
power TO compel an answer and that the witness must
take tho responsibility OF refusing 10 answer.
The witness declined to answer the question put by Mr.
Mr. Vanderpoel-I now the witness Certificate
No 63i7s for 100 sharvs OF the common capital stock OF
attention 10 the indorsement smith Gould. Martin
20 state IN whose handwriting & Is the lhdorseent a
make that indorsementY In our Office II recolleet
whether on the 7th or 9th OF March A. on Of those
moi the 10Th A. am it was not on the ioth. O.
are you not sure that IL was on the 9tn Oh Harct
From whom did you receive the Certificate
10 Blr Davis A. decline TO answer, on the ground
stated by the counsel G At what hour OF the day did
cline to answer O. Did yOu not at the time YOU re-
eesed certificate No. 34sreceiye 2lg other certificates
~ rho kind and descriptions iObjccted to- a.
decline @ Were YOU at tie Office Of the Erie
Hallway Company this city 9th March, 1851
A. / nave 10 recollection Of being there O. DO you
knoa Martin y. Greenef a. do not q. Did yon or
your firm from Martin H. Greene on the eth OF
March. 1865, or any day intermediate the ih and l2h
Of March, any Of the 500 certificates 10 which
to.l A. 1 have no knowledge OF any such transaction
p be cTeae r SS S 1 now Shown to YOU on
the Tt 9th, 10Th OF March, 1851 Ohjected to A
or SsHe ahy S sr in o Of yGs s ee @ Of Of
Erie Railway Co.. which you have stated you had seen,
your attention has been calledl lobIected to- A.
decline answer. q DO you know Daniel Drewf A.
auce with him. @. Have you ever seen him wrltei A.
NO, Sir q. DO you know john F. Seeeyf A do. q
Mt William Beden OF the firm OF Fisk. Belden & Co..
then c,led Mr. Horace F. Clarke conducted the exaai-
nation. QuestOn-ln your answer TO my question: as 10
lion Spon wch yon based Your charge Of conspiracy in
yOi before Judge Gilbert you stated lrlesQon-
Sivey to the question, that you did not remember what
gentcf.n had told yOu that a Mr. Parker had told him
tat Judge Barnard had made certain statements to
no remember the OF the person party who made
you that statement a. If you wish the fact proved
Here the witness was interrupted by MT Ciarkei VINO
asked the Referee to instruct the witness TO give direct
to the question lbe Referee said he haa on sew
eral occasions instructed the witness TO limit M answers
the questions asked by counsel The following COLO
Sir CLARKE insist that the witness should not be al
lowed 20 give answer that simply goes TO defame ana
Roferce-Then counsel should not ask question that
tends that direction. That Is my answer to the obser-
Mr. u. D. Field-Just so; that's IT, exactly.
The Referee then asked that ana witness should
Mr. Clarke protested against taking down irrelevant
the RSieree--The way would dispose of that would
be it down and report TO the Cout Tor drec-
The question was read over to the witness
witnessI Will give you short an answer as possible
Nh Fsd-IS "a not hound TO give gorical answer