The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-05-02

Copies Of the letter referred to handed to Mr.
To whom was the original Of the letter ssnt' A
ndau 70 ero%ec ss The on e s
that Otis demanded the books.
Witness wrote Fisk note requesting the return
sne books; did not receive them, and received no
After some objection urged on the part Of Mr.
Feld, combatted by the opposing counsel the Cour'
admitted the letter In evidence. rrI
THE MISSING BOOKS.
In the letter witness writes In substance 20 M.
FISK stating that two books containing 900 cerun.
Gates Of 800 shares each had been HANDED %'snS
by MIN lwitnessl to the transfer clerk, MI; Hton,
were taken away by him (Fsk) from the desk. that
he couldnot md them IN the ONCE and therefore re.
quested him (Fisk) to inform him what became OF
Witness-Had not seen the books since,
O. We're these the books referred to by you'
O. Did you go to the transfer once that day. A.
Yes; did not md the books there; could not ascer-
tain where the books were and tnea Sent the
O. When you next saw the books had the stock
certificates been cut QUIT A. The next time saw
diton; did not iii up any Of the certificates; the
blanks in the certificates independent OF SIGNATURES
had with him T millions Of
sented In COURT found them on his desk was informed
by the boy John Dillon, an employee OF tne once,
when the dates had been put to the bonds; could
not say whether the dates were there at the time he
stamp on the bonds; no entry was made by him
covering the S. 900 issue OF stock; the general
books OF the company are In charge OF the auditor OF
q. Where are the ten bonds sold to Mr. Groesbecks
A. don't know.
say II they are the same bonds, they are dated 6h Of
February. A. They are not the same.
state as nearly as you can when you no oth the ne
March, some two or three days.
Jonathan w. Dillon examined-RecOllect q man
leaving the bonds on Mr.. OTIS table; it was Mr..
Cross-examined-w was IT, A: I think It was
was present; saw Belden laying them down; didn't
hear him say anything to any one ct the time. !,
By Mr.. Clarke-.where were the books rom thf
themi A. They were in the desk under some maps;
think MT. Otis got them Monday or Tuesday.
The anidavlt Of Augustus Scheil, one OF the de-
PENDANTS In the Belden vs.. Vanderbilt and others
case was then read, denying that depOnent and the
other defendants had combined to speculate in the
Erie stock.
MR.. sCHELL's TESTIMONY.
Mr.. Schell cross-examined by Mr. Fleld:-
Am o director Of the Central Railroad Company
and secretary Of the Executive Committee; was ap-
@. Was that the time the Vanderbilt interest got
Mr. Clarke objected to the term Vanderbilt interest
as underlined und unmeaning.
Question ruled out.
d. Are you an oficer Of the Harlem Rairoad9 A.
am director and member Of the Executive Commit
tee; am director and secretary OF the Hudson River
Railroad; hold stock In all these roads; they are not
under the control Of Cornelius Vanderbilt:
O. Is not the advice Of Mr.. Vanderbilt the controll-
ing advice on the conduct of these roads3 A. Not
O. Is it not chienyq A. can't say that; Mr. Van
derbit Is president of the three roads and chief ex
ecutve; the conduct OF the road Is controlled by the
directors.
is difficult to answer; the Central and Hudson are
party worked in concert through traffic arrange
ments.
O. Is there not an agreement between the three
roads to divide the receipts and profits OF the roadss
Objected to.
The Court-The question has nothing to do with
the here, which is one for contempt Of court.
Mr.. Field contended that he had right to prove
that the company having control OF the three men,
toned railroads had combined to get possession OF
the Erie Railroad.
Question overruled.
made between the directors Of the Central Railroad,
the Harlem Railroad and the Hudson River Railroad
for the running OF trains and Tor the DIVISION IN
some way OF receipts and proftsy
Overrued.
Q. Was there or was there not design on the part
of the directors Of those three roads to get possession
Of the Erie road?
Overued.
Q. Have you at any time speculated in the stock's
Q. Have you any stock in that road9 A. No.
q. Did you own any stock in its A. No
Q. When did you last own stock IN that roads A.
Last November or December
Q. Were you interested in pool for that stock at
o. Are you a member of the Manhattan ClubY A.
Yes; am President OF the club.
Q. Did you see ut any time there your brother
Richard Schell, and Mr.. WORTH
Ruled out.
q. Did you see your brother there in February
lastS A. fpresume did.
O. Have you seen Mr.. Worth theres A. Yes; have
seen Mr.. Vanderbilt and Judge Barnard there; have
seen Mr.. @. Vanderbilt and Mr.. James Banker there
also.
O. Have you seen those gentlemen there all to-
gether? A. No.
ed by these gentlemenY A. No.
By Mr.. CLARKE. How many members compose
that clubf A. About five hundred.
o. There are amusements Of various descriptions
going there, billiards, cards, reading rooms, &c.
A. Yes. .
YOU ever held any consultation with those gentle
men on Erie matters there? A. Never.
O. Is the charge contained In the allegation that
there was combination entered into by those gen.
tlcmen true or falsep A. Wholly and entirely false.
This closed the proceedings, and the court adj
iour oil