New-York tribune., 1868-04-10
THE ERIE WAR.

JUDGE BARNARD REFUSES TO ALLOW FUR
THEIR TESTIMONY TO BE TAKEN BEFORE
uIu-TUE DAVIS CONTEMPT PROCEEDINGS
ADJOURNED.
Several distinct proceedings were before the
Courts Yesterday the Erie controversy The first was
An the Common Pleas at O'Clock m, bong the habeas
corpus proceedings in the of Jay Gould, but the
plaints counsel refusing in the absence OF Mr.
Gould, who Sick in the City of Albany but IN the ems
tody officer Of tins Court the matter was adjourned
till SATURDAY,.
Tho second form which the came up was the
continuance Of the in the General Ter on the
MIR Field suggested that nothing had been said on the
merits by the other side and no reason shown & tS m
proceeding perfectly regular Receiver OnSht 10
be appointed lie thought that some'hng Shouu De Sau
MIR Rarao objected that under ruling of the Court
time had been enforced on them and they had Deen
compelled to construct their argument % Tn @ Se asked
70 add sto.y 10 their building not coL'eDplaeu " Wv
Mr. Field then commenced his argument. No ground
whatever had been shown for the alohtmeht VI ", ,
power OF the Court. Mr. Skidnore ON wnom alone
the papers served could be held 70 represel hn1
whole Eric Railway Company Inc ioTmea fsdevits on
been CHARGED with having The money % roT .S CpaHy
had IL. The order for receiver rs % W
without notice To any person who mas the money Du & u
had made no for receiver IL was admitted Dy the
paintis the stock which they charge TO be exces
siye was issued conversion OF bonds issued Tor the
needs of the Company. Tine General Railroad law per
ms The issue OF Sneh bonds IL DeeonvS tn c,ne
Court may appoint receiver Of tne property of such
sae'e sae Of fbcsi bonds Was aathor1ed The Iegs-
lature had acQuiesccd year after year ~ reports
mot S~H fxed Ths on % Wen settled 9stOpped the
State from setting up that they were Issuing d
in violation Of an ijunchon Which injunction
The one n the Peoples casei II would be "a new doe
tune that The plaintiff in one suit can $lenge Tue Noa a.
ton OF injunction in anOhe: suit, when the parties 70
junction in TIE scheil sul There is not particle OF
evidence 10 snow Nloauon YI sI"o y, WYaIb DId they
p0nJ p WA, ~ m t sh Gnt Was the violation Of an junc
ton cause Tor the appointment OF keeeyerI Inc tne
statute provided the proper method Tor pnhshhg unat
Yon eSruoI kt money ont Of the pockets Of the offender
except 10y the regular process OF ho Tor cohteup 1.
II there were lueiis the injunction served on tne 1
when this order was made was an IL insnieranS ; Ganr
obstacle. 1t was brought to the noee Oh the Oout
ana counsel au treated W!th open a'. oo,e ~. vid
regard But for the discretion Of counsel tDt Court Nuu
have at once vacated that they Sat WV ~ R
preferred disegardit Mr. Field contedea tnlt ~
uhe omnibus suit was not oily properly Ont evrS&S &
companies who had interests the litigation to be heaid
In defense Of ther rights. Would the Court auopl
of the Others To hold would be to mold that any
Judge I'm apy suit any time or place, on his own neie
the l4t Of March and consider what occurred he tIey
were then tho matter OF the ataehme! Vi 0o o % he
Directors Of the Company, Mr. Owen 20 one on e lile
counsel was thinking Of any thing lnore. 1Ae nc S' men
That being all through one counsel rose in his place
and said, row ask for an order to SHOW cause
why supplemental complaint should not Dc nieu Lu Ia
receiver appointed Mr. RapalO suggests mat u De
made return able on Monday morning. The Judge says
let IL be made forthwith, aud ercul0n taxes ie Mpci,
and without reading one word-So that II las heN I JUS
contents that knowledge must have been acquired before
haudhe inserts the WORD forthwith anu Aasos 10 p ,
The thCTcupOn walks 70 the corner OF t IuO
selling Win the Sheriff about Lis bail, ard hands this
huge bundle Of papers to him. and N less tme tha que
could walk aClOss the room three times, Juusc
Barnard id draw up order appointing George A. Os,
good with security In SlcOoOV1 lH9se Pal%ls
and this affidavit AL need give yOu could nol add
word nat would add a color to the picture II Was Ior
Sd thg SI m 70 2u f tho eoHrts But the law Of land
had something say that subject the practice OF tHe
had methg to do with IT, the due order OF Jna
oal proceedings involved in the question ana Inc re-
spcct which heawloying ana lowa6ding people oi the
state s6o feel ior inc mn S
IN no small decree upon 'ho'r de'i'ion'
In supreme CoSr,, Chambers, the third engagement
Ia tnIee motions 10 dissolve njuneu9Ins d MmTm ~
was called the calendar, Mr. Dudley fitd annOnneeu
himself ready and asked that cases on Mr. Van
erpoc said that Fullerton Of counsel IN the case was
epS%sf ID octed that that there We're iS counsel that
side OF the case and one Of them was pretty Sne 10 De
OF Ihc counsel, and could proceed ,,,..,,o,,o,,
the d4s %oon. GSSIs III hnyiS oa a0''S O0" ''u' O
'-0 ''O''O''' SUPREME COURT CHAMBERS.
The fourth form Ot Erie the proceedings III inc
The Courtroom was dcnsely crowded with dl.tn;
eushed members Of the bar ana laynen Shortly after
O'clock Judge barnard entered the eollrt-T0om ine
clerk called the proceeding, requesting the court 10
direct an officer 10 bring him chair. ,
The COut-I do think it viii be necessary for you
examination taking place before me as an officer o tDe
court that it snail be taken e. pdre before any ieiere5
that either Of the parties may lit To 60 before ana
then On tine bringing IN OF those SihdaVts sueh poti1
Gould vii he read aud considered and those portions Of
them lot relevant VIII be dsegarded ana thrown ~ 0'e
Mr. Picrrepont-what disposition IS to be made OF the
testimony already taken before your Honorf ,,.
Judge BaIndld-Ihc testimony OF Judge Haskln yes
erday, to use the language OF gentleman havs Jst M
left. was outrageous and scandalous and should be
stricken out at once as ozark OF respect TO Tie Court
Mr.. PiercpCnt-Ihe whole OF III
Mr. Picrrepont--As to the rest ofHa
The CourtIhc rest Of IT. that part that is not scandal
Gus, the Court will receive.
the testimony as are pertinent IN this matter
MIR Brady-We want the testimony TO stand as 1t
stand ana as it Will stand, and as nobody ean prevent 1t
Mr. Picrrepont inquired whether the Court made any
order as 70 ar Edwards testimony. ,,.,...
sci who represent the people desire 70 examine hun they
MI Pierrepont-Is this to be used as ID sands,
The C0uli-lt is to be stricken ont not wasted
Mr. Claik-NOt wasted.
air Pierrep9nt-The whole of
Nj Fierepont-Is It to be usedi
The COurt-We viii discuss that aferward.
Mr. Pierrepont-We want TO understand whether We
are to be permitted to 20 with the examination Of Mr.
Field, who yesterday put upon the stand
animation OF Mr. Field, or any other witness that you
desire 70 examine may be taken before Notary; -
Mr.. Pieuepont-Then your Honor declines to allow us
20 60 with his examination to-dayi
Slr Pierepopt urged that Mr. Haskin testimony had
been taken the stand and placed before the public as
ley Feld on ne stand and have ls statement was not
this due 10 theE aud Mr. Field aud all the parties rs
Sir. Clark regret perhaps more sincerely than my
learned antagonist that have not the privilege 0f exam
Inng Mr.. Fled here to-day before the Court
Mr. PerropOnt- That's what we want
The Conr-Ihats uGt what %al' want NY time h To-Day 70
to for Two three hours TO Crafty an I'M
M. Perrspcnt Claimed that Mr. Field should have the
public opportunity 10 yndlcate hs character tie
otntr SIDE had had 70 yiiiy t. -, .,..s o.,,.u 80.