The New York herald., 1868-04-12
COURT OF COMMON PLEAS CHAMBERS.

The Gould Contempt Case-Habeas Corpus
Procceding-Gould Refuses to Appear-The
Court Indignant-Order Issued to Show Cause
Why Gould Should Not Be Punished for Con.
tempt of Court.
Before Judge Barrett.
The People er rel. jay could rs. the sheriff OF the
city and county OF Ne,U Y0rk-This case, which,
owing to the absence Of the relator, has been twice
adjourned, came up for hearing yesterday morning.
Mr.. Vanderpoel said he understo cd that Mr.. Gould
not in court and he also understood that he did
not intend to come. Mr.. oliver. the officer who had
charge Of the prisoner had returned from Albany and
had made q statement which he (counseD had re-
duced to writing.
STATEMENT OF JAMES OLIVER.
] am an officer Of the Court of Common Pleas for
the city and county ofNew York on the 4th OF April
1858, was in court In attendance the return of
writ OF habeas corpus requiring the Sheriff Of the city
and county OF New iOrk to produce the body OF Jay
Could and after the return Of the writ Of habeas
Il was further ordered that said Jay Gouid remain
in my custody meantime Judge Barrett also per-
sonally instructed me to remain with said Jay
Gould and keep him In custody; In the court room,
for Mr. Gould, as well as BY Mr.. Could to allow Jay
So and T one ne Of the the Counsel for said Gould took me
into Judge Barretts room, where Judge Barrett re-
peated that his positive orders to me were to keep
Mr. Gould In my custody, but-to treat him as gen.
tleman; said counsel then told me that II Mr. Gould
wished to 60 to Albany to let him go, and go with
him; on Saturday evening Mr.. Gould told me that he
wanted to 90 to Albany; told him what his counsel
had said to me, and that was sorry could not let
him go on his parole; he replied, 'that Is all right,
O'Clock p. NJ train April A. arriving there on Sunday
mornng he (Gould) said he had caught cold In going
up in the train, but he well enough to be up and
In and OF the hotel on Monday all day, but did not
after that day leave his room until Friday morning;
he was well enough to be engaged In business In his
dav Init nj eIcta cnf ba ohnuId
main in that room or In the same temperature for
two or three days; this was said to me by the ply
sician on Monday; Friday morning. April 10, said
Gould was well enough to go to the capital from the
Delevan House, although 1t was showing severely ut
the time; had noticed that the hearing on the ha-
beas corpus had been adjourned to April H. at ten
A. M; SO stated to Mr. Gould and told him that he
must go dow0 with me to the city Of New York;
Tremane' ne to @ see II the matters se could & not be
fixed by sending down to New York to give the
bail required which would, he said, dscon-
tinue the habeas corpus proceedings and relieve me
Of my charge; told him that nothing but an
order from Judge Barrett could relieve me from the
pained to him how Mr.. Gould had been placed in
custody the promises OF Mr. G0uld's counsel that he
should be on hand before Judge Barrett at the time
specified and that 1t was violation OF faith with me
and contempt OF court; Mr.. Tremane told me that,
under all the circumstances the best thing that Mr..
Gould could do would be to go to New York and go
through the form OF giving ball. and requested me to
say so to Mr.. Gould; Mr.. Could replied, "All right"
he would go down. but asked me to wait until the
Portable sleeping car; l agreed to do so; before
ten O'Clock p. M, to wit about eight and
found him with q good many other persons
talking, and l said to him he had better pre-
pare to go down. and asked him If he would be ready
Mr.. Gould interposed and said Mr. Gould must not go
down; IL was out OF the question:; said had not
asked him, but wished to know IL those were Mr..
Goud's sentiments; he nodded his head and said
that gentleman his counsel mentioning the
name) and he was guided by what he said. Mr..
Gould dcontinued:-rhere are certain cases where men
had to take the responsibility, and this was one OF
them, and that he was going to take the response
Sy S not % gSg that he was he only fba rpe
pany would have to back him; and the counsel said
he would take the responsibility OF Mr.. Gould's
going down; told him he could not take any re-
sponsibty from me; that that no excuse for me;
he said he did not care, the should not go down
anyhow MT. Gould said that If was to suffer . that
the Erie Railroad would take care OF me, ana tnat
could take his word for 1t; left the room to ascer-
tain II could get means to compel Mr.. Gould to go
nine O'Clock p. M. I saw Mr.. Gould and told him he
must 60 down to New York with me; he said he did
% not intend tend to 60 down; told him he must n. Mr;
on me and locked It; told him II he did not 60 he
would be guilty of criminal contempt; he SAID ne
would take the responsibility OF that; about one
O'Clock A. M. Of April II raped at Mr.. Gould's
door; his partner, Mr.. Smith, opened the door; |
saw Mr.. Gould go into another room; ! told him
wanted to ask again whether Gould would go down
TO New York with me; Mr.. Smith went and asked
Mr.. Gould n he would go down with me; Mr..
smith called TO me- he having the door locked on tne
inside, that Mr.. Gould would not 60 with me; said,
I" wish to have the answer from Mr.. Goudi Mr..
Smith spoke to Mr.. Could and Smith then repled 10
me that Mr. Gould refused to have any cOmmunlca-
ton with me, and was obliged to return 70 New
York without him.
The court inquired whether the name OF the counsel
who had given the advice In the matter was men,
toned In the afndavit2
Mr.. vanderpoel said IL was not.
The Court-I desire that II should be done.
The following was then added
James Oliver, being duly sworn, deposes and says
that the OF the counsel referred to in the fore
going affldavt as having advised Mr.. Gould not to
return to New York with me, and that he would take
the responsibility, Is Hamilton Harris.
Judge Barrett said that before taking any
action upon the alfldavit under the present
habeas corpus proceeding he thought 1t proper
Mr.. Oliver and the course which he had deemed
1t prudent to adopt In leaving New York was
matter which he thought should be laid before the
laf,~ a