The New York herald., 1868-04-15
NEW.YoRK CITY.
THE COURTS.
cOUsI OF COMMON pless-csamsess.
Before Judge Barrett.

Before Judge Barrett
The Rric Railroad War-The Jay Gould Con.
tempt Case - Mr.. Couids Amdavit - He
Denies Having Contemplated any Contempt
How He Spends the Time In Albany 5
Cioseted With Senator william NJ. Tweed
The Order for MIR. Gould TO Show Cause
Adjourned.
TIE People er REL Jay Could rs. The SheriG or The
Cfty ana County or Nelo York.-This case, which
had been adjourned three different occasions ow-
Ing to the non.appearance OF Mr.. Gould, came on
for hearing yesterday for the disposal OF the habeas
corpus proceeding and upon an order to show cause
why the reator sand his counsel. Hamilton Harris,
should not be punished for misconduct" 1t VIII be
remembered that an afldavit was made by James
Oliver the offcer to whom the custody OF the relaor
was entrusted and in whose custody he visited
Albany where he still remains setting forth that Mr.
Gould refused to come to New York and that Mr.
Harris had so advised him In the matter.
Mr. Vanderpoe said he understood that Mr., Gould
was not in court.
In reply 10 Judge Barrett Mr.. Burrill said Mr..
Gould was unable TO attend, and had made an ani
davit setting forth that lie had read copy OF an
afidavt made in this proceeding by James Oliver on
the 11th April, 1863 that depOnent never used the
language attributed to him in that affidavit as TO
taking the responsibility or disObeying any order
made by Judge Barrett and In particular he never
said that he would take tile responsibility or not GO
ing down. nor in reply to anything said by Oliver did
he say that he would take the responsibility OF that
nor anything equivalent thereto; neither did he
at any time lock any door against said Oliver.
The aidavit further averred that depOnent suffered
from an attack OF congestion OF the lungs which CON
fined him to bed for six or eight weeks. and having
suffered similar attack in December, 1867, he was
ADVISED by his physicians and believed that he
was still In danger OF q relapse. On the morn
ing ,ns,n Of 70 April Nu TO- ls6s he fully intended to
Ger appointed by Judge Barrett TO take charge of
MIN, and for the purpose OF competing his business
and hastenng his departure he took close carriage
10 the capital, notwithstanding the weather was
such as to make 1t unsuitable for him to go out On
his return to the hotel he was much worse,
IN consequence Of the effort and exposure and
his physician demonstrated with him for going out
and expressed his opinion that il would not be safe
Jor MN TO go out again. and especially on Journey
30 iong as 10 New York. In accordance with such
advice he told Oliver that he could not go to New
York and further informed him, for the purpose Of
relieving the case from all di1culty, he had con-
cuded to give the bond required by Judge Barnard's
order, and TO submit to a discharge OF the habeas
corpus, and offered to give him such bond, which
was then drawn and ready to be signed that he
might transmit the same to the Sheriff Of New York,
assuring him that he, deponent was advised by
counsel that he had right to do So and to abandon
the proceedings under the writ of habeas corpus the
same having been commenced for his benefit; but
the SAID Oliver wholly refused to take such bond. De-
p0nent read the afldavit OF Hamilton Harris and
ioeheyed 1t to be true. DepOnent never heard Oliver
tell him that he was committing criminal contempt
eist any process OF the court or Judge In this
proceeding, nor did he ever intend or attempt to
escape from Inc CUSTODY OF the said Oliver; but on
tne contrary urged the said Oliver TO remain with
him. and told him that he ought not to go away; but
ne said ms wife was IN Albany and he must go down
With her. DepOnent was advised by his counsel,
lHamilton Harris that the order committing him
to the charge Of said Oliver gave no power to
compel his attendance in New York on any day
except the sth Of April, which advice deponent
Deneved and still believes to be correct, and so
informed said oliver, at the same time submitting
himself TO J. divers continued custody and request
Ing him to continue in charge OF him. Deponent
never requested Oliver to leave the room In Which he
davit Joseph H. Ramsay but said oliver absented
himself Tor his own accommodation, aud informed
deponent that he had been spending his time in the
room OF W. Ii. Tweed, Thomas J. Creamer and other
persons whose interests aud feelings are adverse to
dep0nent and to the Erie Railroad Company and he
(deponenu believed that oliver reported 10 them
what occurred in his room for which reason deponcnt
was unwilling that Oliver should hear his conversa-
ton with Mr.. Ramsay. Deponent discaimed in the
Juilest manner all disrespect for the courts and
Judges and ia particular for the Judge who issued the
writ IN TINS Case and is desirOus OF submitting hun
sell TO any lawful order that may be issued.
Counsel also read the atidavits OF James Ramsay,
II. Madden, l.. 1lemaine and Hamilton Harris. The
laer SET iort that ON the evening OF the 10th inst
a about halpast eight O'clock as he was convers-
ing with Mr.. J. Gould at his room in the Deavan
House IN Albany. Mr.. James Oliver came into the
New York with hlm on the ten O'Clock train; that
deponent said to Mr.. Oliver Mr.. Gould must not CO.
tile physician attending him had stated that ne was
very imprudent III riding from the Delavan House to
the Capitol on that day. aud asked Mr.. Onvcr why
tng from hun that IL was 10 produce Mr.. Gould be.
fore Judge Barrett deponent said there could be no
necessity for that, as Mr.. Gould proposed 10 exc.
cute q bond TO the Sheriff OF New York, with
proper eureties in conformity with Judge Barnard's
order, and that upon doing there would he no OC.
Sason lor prosecuting further the proceeding before
the Sheriff. which would, IN The opinion OF deponent
be satisfactory to all parties; but If not depouent
would take lie responsibility OF Mr.. Gould's going
down to New York and appearing before The Judge;
that Oiiver said that any responsibility which depo.
nent assumed was no excuse for his responsibility,
would q n
bond, and that lie should take Mr.. Gould tO New
YORK with hun tiat nigat deponent told him that
Mr. Gould was unable TO go TO New York owing to his
illness aud then asked To see The papers upon which o.
liver had claimed the right 10 lake said GOud and oil.
stance Of adjournment Of habeas corpus proceedings
10 the sth OF April and that said Oliver should In
sle meantime, keep SAID Gould In custody that tie.
poneRt then told Oliver that as the day had gone by
and that he had no continuance OF said order he
had no right to take said Could then said oliver
said he had read IN paper or heard that the bearing
before Judge Barrett had been adjourned to April
IL, and that Mr.. Gould had promised 10 go down
with him that night Mr.. Gould then stated that he
had partially promised 10 go, but that lie was not
well enough, and that his doctor had advised him
shat IL would be very mprudcnt for him to go; that
that Gould would not go down that night; that
nothing was sad In such conversation about pledges
Gould's appearance; that the above Is all that
occurred IN the matter so FAR as deponent had any
participation therein, and that IN giving such advice
dcp0ncnt had 10 intention OF treating with disrc-
epcct the powers or dignity Of any judge or court.
Judge Barrett observed tnat although Mr.. Gould
aud Mr. uarris had set forth they had idea OF
being guilty OF contempt 1t would have been more
satisfactory II their intentions had been followed up
by explaining why Mr.. Gould was not present.
Mr.. sherman stated that Mr.. Gould was totally unfit
~ lie In attendance.
After some further observations from counsel
Judge Barrett said that SO far as Mr.. Harris was
he thought there was not contempt In
tendcd. and the order 10 show cause why he should
not he punished would DC discharged. As to Mfr.
Gould the order should be adjourned I'LL subsequent
day.
Tue case was then adjourned till Saturday next at
Sen O'Clock.
UNITED STATES DISTRICT C0uaT-IS ADMIRALTY.