The New York herald., 1868-04-21

my rights. .vsoh
you, not party to this action in any shape, can De
crimnated ana directs you to answer the quesuon
forthwith or take the consequences.
Witness-I will endeavOr to be respectful.
Judge Barnard-Do understand you 70 aechhe
Witness-I win endeavor to explain my position.
Judge Barnard do you decline to answer
witness don't see how can answer 1t.
Judge Barnard-Do you decline to answer
Witness-l nope the court Will not press me 10 an-
terest to me. Will you will you not answer as put
to you by the counsel and as stated to be correct oy
long argument here ensued between Messrs.
0Conor and Field, the former raising the point that
the latter had no right TO discuss the question, 1t
being question between the court and the witness,
and the parties seeking the testimony only.
Judge Pierrepont said the witness had already an
swered the question in stating that aruthfu answer
Witness-t cannot see any reason why the question
Judge Barnard-Tkere Is no intention on the
part Of the court to argue 1t with the witness.
Witness have given all the answer that can.
other9 mo answer.)
The Judge thereupon ordered the commitment of
Mr.. Beden to the county jail Of the county Of New
York until the question be answered, but not ex-
ceeding thirty days.
Mafch IN vsous places Was a. Fisk BsIden
q Co.'s Office on that day.
Q. Did you on that day see any directors Of the
no recollection on the subject.
9. Did you on that day apply to any person to
ticates OF stock OF the Erie Railway Company dated
March I, 1888?
objection overruled as regarded the irrelevancy.
A. My answer Is the same as before.
truthful an answer to that question would, believe,
tend to crimnate myself and therefore place myself
Judge Barnard-Do you decline to answer Al
don't understand that ought to answer.
Judge Barnard-Do you decline to answer-yes or
The witness remaining mute, another order of com.
mtment was directed against him in the same terms
The witness further testifed-I know the signature
the endorsement OF that certificate Ia certificate Of
q. Whose endorsement Is IL? A. Mine.
Objected to as being repetition of the previous
Mr.. Clark will ask the counsel when he states an
objection to rise and act like gentleman.
Mr. Field submit this Is no lit spectacle for
court of justice. objected in mild tone of voice
that the question was Irrelevant and might tend to
Mr.. Clark-He said it was an idle question He
did not state these objections. Counsel when they
make an objection in court should rise and state
Mr. Feld-It is certainly matter Of feicltation that
we are to be taught decorum and dignity by so true
master. Counsel rises for the purpose OF teaching
us. and as he has now given us his lesson hope that
lesson will suffice.
Q. Where did you make that signature: Objected
to for the same reasons as before.
An argument here followed as to the right of ex.
amning witness after his commitment had been
ordered for contempt, Mr.. Pierrepont claiming that
as q matter Of right and OF law, the prosecution
could not proceed and multiply contempt upon con-
tempt to an indefinite number, and Mr.. O'C0nor
arguing that there are instances recorded OF half
dozen fines being inflicted trial and that this
does not stop the witness going on.
Judge Barnard-Nothing in law is clearer than
that because otherwise any important witness might
defeat the ends Of justice by going to prison for thirty
q. Where did you make that sgnatureS Objected
to- as before; same ruling; and the witness still de-
c1tp MIN IN tharn nnf Arrn nYnd
q. Was that certificate OF stock in possession OF
Fisk, Belden 4 Co. on the eth Of March, and from
answer and another commitment ordered.
q. Are you the same Mr.. Belden VINO brought be-
fore Judge Gilbert suit and obtained an injunction?
Witness was then requested to stand aside, and
Timothy G. Schilman was called, but his examination
was objected to by Mr.. Field, who claimed that Mr..
Belden's crossexamnation must 20 before the
introduction of another Witness
Mr.. Beden then again took the stand. Mr.. Clark
handed him the Gilbert suit complaint and asked
him to look at the signature "Wm. Beldenp and say
II II was In his handwriting. A. Tkst appears to be
Q. Look at the signature to this affidavit of lhe
10th OF March and say II 1t be In your handwritingf
A. believe 1t Is mine.
O. Did you apply to Judge Gilbert for an injunc-
Judge Barnard-Let the other side show that fact.
do not intend to have all the scandal OF NewYork
Mr.. OConor-It Is set up that another Injunction
has been sued out from Judge Gilbert requiring them
To do just what your Honor ordered them not to do.
evidence Is to show that this Injunction was cOusively
and fraudulently obtained. These defendants called
persons to their aid who were combined In this very
wrong and arranged with these associates, or with
that associate, that he should obtain by certain
and have it served upon them. Thus the defendants
got the paintis to have the Injunction served upon
them. Any cOllusiye device OF this description Is
sble and insist that that coluson must be put down.
Parties have no right to so proceed AS to the truth
or alsity OF the allegations upon which the Injunction
was obtained we have nothing to do. We think we
know that they wholly false. The party who
to them may have been wholly misinformed. We
viii not bring in all that but we want to show that
II was sham suit
Judge Barnard-It Is proper to show that
Mr.. Clark-I propose, before this examination Is
through, to show the entire falsty OF that charge,
and have the afidavits ready but do not propose
@. when did you apply for that injunctioni A.
You will have to state your question more clearly.
u Did you get an injunction from Judge GilbertY
A. I received what believe Is called mandatory
fnjunction believe II was granted by this Justice;
pRd % @ wna we gS sss
and Judge Gilbert suggested himself that we do alter
the application so that we could give what we aid.
O. Then You never asked Judge Gilbert for man
datory tnjunctioni A. did, SIR.
@. Then you applied for two injunctionss A. The
orgirins complaint varied somewhat from the one
l have been shown; will explain the circum-
stances
Q. Were you present when the application was
made TO the Judge2 A. No, sir.
q. Then how do you know about it9 A. know 1t
the same as know the Injunction was issued.
q. Have you ever seen the original inJunctons A.
hold a copy in my hand now.
q. ask the witness what ne knows about itY A.
believe the Judge suggested himself giving manda-
tory injunction.
q. DO you know Judge Gilbert-did you ever see
himS A. II is difficult TO say resided In Brooklyn
some time.
q. Did You ever see him concerning the injunctons
A. No, sir. 81.
q. DO you know anything about what the Judge
did, except what your counsel has told your A.
know II as know OF other njunctions.
q. Where was the complaint drawn A. In Mr.
Fields Office.
q. Do you know anything about It except what
you learneds A. believe the original papers were
returned; was not present
U. Do you remember when your application was
made to Judge Gibertf A. cannot tell you.
q. Can you give US no idea OF the time' ~ bariy