The New York herald., 1868-04-23

II X
,udre Gilbert did you expect 10 receive this stockf
A. No.
q. How soon after You sworc to that complains
did you hear of a injunction having been issued
by Jadge Gllberif A. don't know SIR.
The witness further examination was here inter.
rupted and M. shearman called 10 the stand 70
testify with reference 20 the issuance Of the injuno
tiOn IN question:; counsel undertaking, a. claimed,
10 show that a conspiracy had been entered into Ia
obtain the injunction issued by Judge Gilbert
Al the close Of discussion on the question OF Mr.
shearman's connection with Mr.. Field, one OF the
The Court said-in this wide city OF million or =
million aud half Of inhabltants where q man can
De hired for s. 70 swear any mans life away there s
not 80 base AZ 10 come upon this stand ana swear
that had anything 70 do with any conspiracy.
Judge Gilbert OF tue supreme Court, Brooklyn.
ber granting an Injunction on the 9Th Of March, the
application was made TO me At my house by Mr..
Jenks told him would not grant the injunction
a. applied for far as related 10 interfering
with any injunction issued by Judge Barnard;
Mr.. jerks informed me that Mr. Field was
him 10 come into the parlor; don't remember that
anything was said by him; the words bona Hde' In
Handwriting; the words in pencil This is not .
interfere With the judicial functions OF said Bar
the Complaint before granting tiasnJ it was
read By Mr.. jerks; presided at the special Term
for the second district when the hearing took place
upon the order 70 show cause; two afiidsyits were
read TO me by Mr.. Jenks think the whole OF tho
complaint was read to me; there were statements
made to the eject that large amount OF bond and
stockholders OF the Enc Railway Company having
bonds convertible into stock would be injured.
Mr.. Field said he extremely sorry that he mus
examine the witness, as II was very novel thing -
call upon judge TO explain what he had done In biz
judicial capacity but II having been begun t was hs
duty to proceed.
Cross-examnation by Mr.. Field-I read OF the con.
troversy In the daily newspapers, but did not pAy
any attention TO 1t until the application made q
me on Monday morning; there had been injuncs
ton granted by Judge Barnard, but Of the general
tenor OF which ! was not aware; Mr. jerks applied
told him would not give him u mandamus and h1
expressed his disappointment and said he con-
sdered 1t case for one, but l did nQ9
think 80; there was also application 10 c0mpo9
the issue OF stock in lieu OF convertible bonds; ]
cited authorities to him showing him that under tho
circumstances OF the case could not issue man.
damus; Mr.. jerks appeared TO be disappointed Ano
asked me petulantly what remedy there was; salds
If an equitable case could be made mandatory tns
junction might be issued; after that Mr. jerks came
again with Mr.. Field Jr, who remained outside In
carriage; Mr. jerks read the affidavit, but inter.
rupted him before he got through, telling HIM that
saw no ground upon which 10 grant the inJunct0nf
he said the reasons were imperative, thaS
Judge Barnard was issuing injunctions very
with ruin, and that new suits were threat
ened to be commenced by other stockholders
and other statements to that effect ! don't think
Mr.. Field said anything, but went to work immes
diatey, for Mr.. jerks had told him was willing ~
grant the Injunction; when l came 70 the clauso
about compelling them TO issue stock something wa
sad inserted the words bona rae and Mr; FIELD mao
objection to 1t; the question as 70 whether the
company was willing and the bondholders deslrouS
for the conversion OF the bon is or there was any
thing in the way 70 impede 1t was not dis.
toned, but am sure announced positively that u
would not grant any Injunction interfering with any
proceeding In New York; cannot remember all the
conversation sS that took place. but have reooee'
At this stage of the proceedings the court adr
journed till this morning ut eleven O'CLOCK