The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-04-24

stock certificates signed the Saturday afternoon
and during s4nday Tor this purposes A. know
O How many times were you out Of the room that
evening" s A. ss, mould 6e Impossible for me to
Q. understood you TO say that YOU went away
assisnsaly "A: say preferred being away, for
out Of court and to know nothing about Il.
Q. Who gave you the hint to go into the other
q. How many times ala you ii leave the room that
nightf A. Two or three times; / amused myself
talking to the gentlemen saw engaged and looking
there with Ashleyf A. l suppose from half to
Pretty near midnight.
9: Did you hear Gould say any time that evening
eryf A. heard him make that remark to Mr..
Q. And in the presence of Mr.. Drew, A. Yes.
Q. And in the presence Of Mr.. Feldf A. cannot
Q; Has MI: Ashley paid the note for IS, 600 DOWN
Q. Where is it nowf A. In my possession.
2. Has any money been paid upon that note9 A.
Q. Where are those five million bondsf A. I can.
not tell; handed them to Mr.. Drew.
Q: What ala he 40 with thems A. He put them in
Q. What next did he do with thema A. don't
Q: When was it that you handed them to hma A.
On the 10th OF March.
Q. Do you know that he took stock Of the Erie
"a. II.
told me that he sold these bonds to James Fisk This
note, which took from Ashley, authorized Drew to
sell these bonds at any time at his discretion in the
interest OF Ashley or to convert the into the
common stock Of the company and to sell it, when
ever he might do so, In the interest Of Ashley with
out notlCe 10 Ashley, and guaranteeing Ashley
q. Did Drew tell you what Fisk did with the
bondsf A. Yes; he surrendered them to the CON-
Q. State what was said about the Injunction, il
anythingP A. Drew mentioned to Green that they
pff hn rnn ,atfA
q. Did you or your house receive any portion OF
the stock that Heath soldf A. had ali the money
to me by Mr. Drew and by me handed back to him;
1t was In certificate checks drawn by Fisk, Beden
Co., for $3,625, o0o on the Tenth National Bank.
q. Did Drew state that that was portion of the
proceeds OF that stock. A. He did.
@. Did you receive that money from the bank. A.
handed the money back to Drew.
CrOss-eXamined by Mr.. Field-Q. You say you saw
Mr.. Belden at Mr. Fields house that evening; what
were your relations with Mr. Beldens A. They were
Q. Was that the reason that you left the room, as
you stated you didp A. 1t was the principal reason.
O. You held all the papers In this matter for Drew2
A. Yes.
Q. At that time did You draw up notes A. Yes
q. stock note for the whole amount, holding
these bonds as collateral security for this notes A.
Yes,
q. Give the contents Of that note. A. Something
like thls:-New York, March 7, 1868. On demand /
promise to pay to the order of Daniel Drew 49, s5OOOO
with interest at seven per cent, having hypohecated
vertble bonds OF the Erie Railway Company, paya-
BILE in 1855, with authority to sell the same on the
non-performance OF this promise without notice
to me, and with authority to convert the
same into the common stock Of the company,
and to sell the same whenever he may deem 1t to my
interest to do SO, and without notice to me; it being
fully understood that Daniel Drew guarantees me
against all loss in the transaction. That Is near
as can recollect drew up the note and he signed
it,
@. Did the whole price Of the bonds, the last five
millions, that which Drew bought at 72S per cent,
go into his hands treasurer OF the companyS A.
Yes, undoubtedly
Q. Is the account between Ashley and Drew yet
settled? A. have every reason to suppose 1t Is.
This closed the crOss-eXaminatiOn.
The redirect examination was resumed and
number Of calls for the Issue of shares handed to
Witness
Q. Are these calls signed by Drew A. have no
doubt Of it,
The calls put in evidence, five in number are all Of
the same tenor and bearing and read as follows
NEW YORK. Feb. 2s, 1853
For value received the call 1000
Of the stock of the Erie Railroad Company at ~
time and In sixty from date bearer
DANIEL DREW.
This closed the examination of witness, and the
adjourned to Wednesday eleven O'clO ok.