New-York tribune., 1868-04-16

II
and the Erie Company against the AttorneyGenera and
Others and James g. Spencer and the Erie Company
against Cornelius Vanderbilt and Others were resumed
yesterday afternoon Referee, Bir A a. Red
field.
Mr. D. Dudley Field appeared for the prosecution, and
Mr. Charles A. Rapao and Mr. Horace f. Clarke for the
defense. 81 ,,,, ~,
o. Was lie Attorney Genera moved TO his proceedings
by the representations OF private parties. and on the
asns % u. Question that you arc not asked and that
have not been asked to give any Information received
from clients any advice you have given 10 thom,
or any communication in your and their presence. A.
do not Of this In any Danner except through the
me which presume are communicated to him. q Did
YOU retain him his deputy by tho payment OF money
will answer the question, 1t seems 10 be intended TO
produce impression by my declining TO answer, that
manner but shah not answer any other questions OF
this class; answer the question In the negative-I did
sona honor TO have paid fee TO Tho Attorney in
this suit against the Erie Railway Company. A. think
one occasion upon which Judge Barnard paid visit to
your Office We're you present on another occasion when
lie went there 10 perform O judicial act,
which act was granting the order to show cause
why the appointment OF receiver granted on the 4h OF
March should be perfected on the 10Th OF Machf a.
not. @. We're you IN court before Judge Barnard
on the l4th Of March last A. was @ Did you see
large bundle papers purpOTtnS TO he supplemental
complrnt Of Richard. and various adavlts attached;
A. did; but as all these proceedings public. and
You have already stenographc reports of them, can
hardly see the use OF your going over everything.
especially as there can't possibly be material in this case,
they before this action took place. u ferhaps
you viii think this question material when ask you an.
other which whether he had those papers before
A. To the best OF my knowledge ana Dele1 ne nae never
we'll as they had never been out Of my Office.
q We're they that occasion read to him. read by bm
their contents stated 10 him in any degee Whatever
A. think that ought not 10 proceed IN answering the
questions what took place in open court on at Oc
casion, and which cannot, in my judgment have any
bearing on this case @ DO you decline TO answer the
questions A. think my previous answer amounts 10 q
dechnaton; l so regard It, q. Did George a. Osgood
come into Court that occasionl A. have no reeolec
ton Of seeing him then. O. Were you IN Court before
Judge Barnard March 10 last. when the appointment
of receiver was attempted to bo perfectedi A. de-
cline to answer that question for the same reason
you in Court before Judge Barnard when John H.
Hasku put on the stand A. decline 70 answer ths
ALSO all these matters took place since the c0mmenceeht
OF this action. Mr. Field-I know they did Dut they
throw strong light the motives OF previous acts, aud
II was that reason that asked you the question &r
Sees of the astoS Which am bong examined O.
Was the putting Of Mr. Haskin on the stand peaTanged
Judge Barnard the counsel. some one OF them on
your sdci A. It not so far as have any knowledge
nard beforehand that Mr. Haskin was to be cxaminedi
A. Not TO my knowledge, nor do believe II was wish
to add one thing 70 NY delosSn IN justice 70 ysel e
been put TO me- applied OF my own accord Tor eaGh o
Barnard aud do not think that unh the papers were
presented 10 him that he knew he was to be applied 10
for such DiupctiOns had no communication with him
previous TO such applications nor between the times OF
the several applications do know OF MS being com
anything taken place IN respect 10 obtaining severai
orders and inuncons that have obtained out OF the
usual course
Mr. Field-After having made that statement will You
answer such questions as may put to you tending TO
prearranged with Limi II you will answer fully VIII
proceed with the examination; II you VIII not VIII not
Mr. Rapallo-I do not know believe that there was
any such prearraugement; think have answered All
the questions and more, too which, with prOprety, have
been put 20 me- do not intend by making amy promise
Of that description to invite series OF questions whicn
inf fo
20 q. Do you answer tho question put to your a.
will give no other answer This concluded Mr. Rapalos
Mr.. Field-Now, Mr. Clarke. should like TO examine
Mr. Horace F. Clarke-Have you any right
Mr.. Field7I ask that you be sworn. - -
and was examined by Mr. Field as follows: O. you
Of counsel for Cornelius Vanderbilt aud others
in the present Erie tgatoni a. am one of the conn
sci for sundry OF the defendants this litigation, which
you have foot, and associated with counsel
for the defendants O VIII You state for whom You are
counsef A II is somewhat difficult TO answer M , thst
you have impeaded in the actions which yon have
ond District on the motion to dissolve Injunction
granted by him the defendants for whom appeared on
Schen, Augustus sehell and james n. Banker; l
remember other defendant on whose behalf
appeared I'm that case with AIR. Rapaio Mr.. OCOnor.
and Others upon several motions proceedings at the
Special Term Of the supreme Court IN the Eist District
animation Of witnesses in the cases pending before Judge
Barnard for the violation OF junctons granted by him
also attended before the General Term upon the argu
ment OF sundry appeals from orders made at Special
Term should that also appeared counsel for
stockholders OF the Eric Railway Committee, before a
Committee Of the Assembly IN opposition to bill there
proposed egaZe the late Unauthorized issue Ci stock
q. what stockholders did you representa- A. l repre-.
sened myself for aud as to other stockholders as
only know OF their ownership by their representations 10
me, you will deem 1t perhaps proper not 10
interrogate me; J was Informed ron a source,
ON which 1 place the utmost reliance, that repre-
sened large majority OF the stockhoders; Will not
give you the names oi al tnc persons - VINO % ny
this controversy that should DO so the number OF per
sons large. q. As only asked you for whom you
were counsei in the Erie Company litigation, and you
volunteered 10 that you represented Stockholders be-
for what you pleased to call unauthorized sse
stock and can no mpropr1ety IN asking you TO
sent others before public body do now you whom
you represented A. did not quite understand the pro
YOU further other than that have already
given. @. When did you, become stockholderi
year onaC' asO HS% you much oso stock % RaVe
A. have 100 shares and upward the question as to the
precise amount have Ia question which you have no
right u ask and WHICH shall not answer z. You are
related TO Cornelius Vanderbilt believe A. one OF hls
in the same nannerf A. Mr. Osgood married daughter
Sond as receiver in tits easel A. do not know
it, O. Are You able to tell me when II was execuedt
ceedngs O. Were you in court before Judge Barnard
March 49, lS6si A. was. Q Did you make an address
more properly term, argument TO the Court
on the question before It; If you mean, Sir,
might be regarded address rather than an
argument, have understood YOU addressed 70
the Court such observations thought pertinent to the
matter pending before It, O. Was IL part OF your argu
men for his conduct In that the people would
elevate him still hgheri A. do not remember having
made any such observation, and think dd not do 30;
i urged him 10 defend his jurisdiction from inva-
sion. @ Then you don't remember having held out
any such promise 70 the Judge and you did do 30 what
you meant by iti A. do not romember saying anything
TO the Judge 1t was not my intention TO hold out any
promise say ANYTHING which did not then believe ana
whicn do not still believe 10 have been just and proper
am greatly surprised that you should have put such
question. q Do you remember what you saidI A. 90
not remember the precise language; do remember the
general line Of the argument O. Did you intend 10 throw
out intinaton the Judge that il he perseyered IN
granting what you ask he would be elevated " the once
niRhnr ihan thai MhlGh he hOQk