New-York tribune., 1868-04-07
THE COURTS.
TIE ERIE LEGAL BATTLE.

the Erie Railroad Directors, who are accused OF con
tempt of Court having issued sOoOOOOo OF sock ee
tcates after Injunction order restraining them 1ro
30 doing had been made by the Supreme Court was com
menced yesterday before the Referee appointed ny '
Court A strong array Of counsel was present on each
side The examination was 10 have begun on Friday,
but was postponed until yesterday. The first case taken
M was that wherein Mr. j. c. Bancroft Davis DIRECTOR
IS defendant The prosecution was conducted by A. D.
Vanderpool esq, and ID. B. Eaton, esq conducted.tne
defense.
Mr.. Horato ". Otis was the first witness called. He
testified that he the secretary Of the Erie Railroad
Company; had been such It's organization in 1867
as such attended all meetings OF the Board OF Directors
was present the meeting March g. 1865 1t was held
at the Companys Office No ls7 Westst; cannot tell from
recollection all who were presents the President Mr'
Eldrdgel Mr. Diven Mr.. Blvis, Mr. Ramsey. and MI.
Lane directors were present, and think Messrs Greg
ory Gould and Fiske also there; DO not ree1ect
seeing Mr. George N. Groves at the meeting; Mr. Drew
Was not present; was present except mysel anu
members OF the Board unless PERHAPS messenger ooy
NAV have come the the meeting was speca
one; it held in accordance with call previously ~
sued cerkn my Office made ont that CALI DO not
whether gave this clerk directions ~ 20 do Dy ~
the President whether he received them drect lro
the President IN person t9e notices ISF e &c s ee
ngsbout the last OF the previous week; eahn9I ss
of March; saw Mr.. Edrdge, hessrs Drew InoinPs1nm on
Gould, Davis and Flske ON Saturday, March u az ihe
PpeshdeEts room the Executive Committee room, and
the lobby know of conference that they held on that
stock on that day; ON 9th tNoDdayl signed eertih
Gates Of stock: signed 600 OF them, each tI for
iSg ,Sg Westst .n commenced signing Them at 20
minutes TO o'clock the morning; filled in no dates
s Of se Company & 6ven when put my
possession on Monday morning; saw none OF them while
they were being filed up the filling up was In the hand
writing Of John A. Hilton, the Companys transfer
clerk ,,.,.
from each other they bound togetheri Ansrer
They in two books containing $50 certificates each
a anpun I'M A. A
tted vo so tn Sot A. The President instructed me
on Saturday afternoon TO have prepared certificates
ready for Issue, In as he expressed H. me uncOh
shOuld be modified or raised y Where did he tell yon
o. What other Instructions aid he give you On that
ocSason He gave me no fnTi6eF ss President
dd not .e me how soG9 @ to $ nave In and i2r m
sructcd him g. to the President and get further in
from mm; must have been about o'clock ~
the afternoon OF Saturday March when the President
gave me instructions o. the certificates Mr. Hilton
came Immediately when sent for him; cft the once at
~ O'Clock the afternoon Of that day TO 20 10 my home
i'm County the books Of certificates uD
der SIR. Hiltons charge; did not furnish them; hrst
saw them the morning Of Mareh9.
O. Where was Mr.. Edrdge when Won left the ofhcef
A. when left. in the afternoon Mr.. Lldrdge was 10 ms
Wis therei A. saw Mr.. Davis in the Office at various
A. lido know; did not see him after o'clock In the
afternoon. ,--.
tons as TO the certificates IN the lobby OF the building;
no one was present within hearing distance az the lue
Mr.. Fiske: Mr. Could and Mr. Dken were IN ie opPEi &
know and Mr.. Thompson aud Mr. DAVIS, tnink ne
witness then explained what be meant by the lobby.
IL being hallway about teet VIDE ana ioo zee. dont
IN the building Br DAVIS, the defendant on request OF
his own counsel made diagram. showing the position OF
the lobby the Presidents Secretary E1eeuuye Commit
tees and other rooms witness-The Presidents room
and the Executive Committees room open INTO TINS oDbji
II Is about feet wide ana about 100 feet long
q Did you not, an giving testimony before the IHgl.a
five Committee. refer 10 two books placed ny You IN hn
safe of the Company In the Westst. office on Saturday
afternoon and did you not Then testify thAt s3l too1
A. / led say the published report Of my test
money before the Legislative Committee tat lhe gerh
say that 50 testified; had appeared second time
before the Senate Committee should nave corrected ~
IL was on Monday morning, the 9th, tlat pHceu uc
books IN the safe s1ter signing the certificates.
LhsI9n ,h hoo ao Ir bTep M ny the Va. pTsdep,
or from the Transfer Clerk think u was from the
adjourned st about II o'clock in the morning q Did
yOu on that day 10 the meeting hear any discussion
a0% a0S ds G or court sen or Jeore The ccas on nat
day OF on Saturday A. did not e. Did not the
junction and have you not 80 stated a your testimony
to-day A. He said nothing to zoe concerning an ugnne-
ton except what have stated with restet to prPafg
the transfer books his nsructons were gwen me IN his
own room; cannot say where Mr. fiske WA when came
out OF the fresd,nVs room ne may, ha.o p,sh zen
in about the center Of Tie lobby was IN the
lobby for i've minutes-perhap- less MessIs; Ihomp,
son Fske and Gould passing back aud FORTH ~ and
OF the rooms; they did not eat" thc lobhy Nhoh
entered IT, took no particular hothe oi ,i'lr g mN,c
nents when took the books from The safe ON monday
morning handed them TO the transfer clerk 10 be taken
Transfer Office when ihfH gave Hhi
these were that that the proper and safest place Tor
them that the office Of the COmpanys counsel was ~ me
same building, No II Pne-st., 10 whom he must Apply
and whom he must consult case the certificates were
required Of him said, also, must be careful the Ger
cates do not get out without our being advised that
they aIe legally issued; he r Hilton did not AK me
for Them about going to the Transfer Oiee when
took the books from the safe no one suggested that
shOnd Mr. Hilton Instructions huch as nave ne
tailed received Instructions tho subject; the safe
from which the books were taken was not IN my ROOM u
was across the lobby; don't know where Mr hilton TOOK
them. 1 paw him within half an-hOnr after l gave
them 10 him In my OlcC; h0 reported 10 lhc
10 what had become Of them; told IRE who TOOK the
from him. This testimony objected 10 by deien-
dants counsel the ground thati was hearsay Com
sci for the prosecution insisted that 1t Was legitimate eN
deDce. The Referee ordered the examination 10 pro
ceed, after noting the defendantsIo1ecuonl q state
the cODversaonthe language. Mr. Hilton used as near
as you can A. He said that Mr. Fske bad taken them
from him, and, 10 his own words, had run away
with them he said this occurred In the Presidents ROOM
started out 70 see 81 could lind Mr. Fiske about the
budng did not find him; the Directors met that morn
inc in the Directors room; did not notice which way
Mr Hilton went when he left with the books whether he
went into the Presidents room into the lobby; 40
not know where Mr.. DAVIS was at that time; Mr. Hilton
made his report Ia me at about noon.
The examination at this point adjourned nht 10
day.
CIVIL.
The appeals in the Supreme Court, General
Term the Erie cases, were postponed yesterday ti To-
morrow.
Judge BlatchfOrd discharged the jury in the
United states Circuit Court yesterday TIL next Monday
Judge Nelson will arrive to-day, and Will arrange the
for the My term OF the Court, which ne VIII
hold hear appeals In admiralty on the General
Calendar Judge Blatchford meanwhile, Will hear mo
tOns I'm the Circnt Court daily O'Clock An ef
fort be made 10 have Judge Benedict take up jury