The New York herald., 1868-04-19
THE ERIE RAILROAD WAR.
COMMON pLeAs-cuAmsess.

The Gould Contempt Cause.-The Habens Corpus
Proceedings-G0uld COmeth Not-The Bond
to be Executed.
Before Judge Barrett.
The People er Rel. jay could vs the Sheriff OF the
Citv and County or NeU YorH.-Ths case, adjourned
for the fourth time, came up again yesterday morn
ing the habeas corpus proceeding and also on an
punished for contempt.
Mr. vanderpoel said he understood Mr. Gould was
not present nor was he aware that the case was in
any different position than 1t was on the previous oc
cuSiOn.
Mr.. Burrn remarked that the circumstances Of the
fore the court. On that occasion he stated that he
desired to relieve the court from any embarrassment,
as well as the parties on the other slde so that there
might not be any apprehensiOns OF Mr.. Gould es-
Gaping from the court or getting beyond Its ursdic
ton. He was willing to make the same offer
as he had done on the previous occasion,
or to submit to any order the courts might
make. On the last day the court desired to be
satisfied that Mr.. Gould was not in a condition
to make his appearance and the order was made In
order to show by his attendance that he was not in
tentionally guilty of any contempt He had now Mr..
GOuld'S affidavit, which would show Mr.. GOuld's
condition. Counsel then read the relatOr's affidavit
to the effect that his health was impaired and that
weather leaving his room and going to the capital,
contrary to the advice OF his medical advisers That
he was still unwell, and that journey to New York
might probably renew the attack OF congestion Of
the lungs from which he was slowly recovering.
The atiidavits OF Dr. Payne and Mr. Martin were
also read, and corroborated the statement of Mr..
Gould.
Mr.. Fullerton observed that If the case were now
adjourned 1t would be better to fix some day other
than Saturday, as 1t seemed to him that was Mr..
G0ud's day for being sick.
Mr.. Burrl said he wanted to show that there was
no intention on their part to keep away, and that
the affidavits were made In good faith. He wished
to state also, that the relat0r was perfectly willing
to give such bond rd as was required under the order Of
dOned until any further occasion. Yet he should
prefer that the proceedings should be kept alive to
enable the rela0r to satisfy the court with regard
his good ialth in the matter. He (the counseD had
no idea that the other side entertained any doubt
about Mr. Goulds keeping out Of jurisdiction,
for his family aud his interests were here aud his
acsence in Albany was not preudica to any person.
Mr.. Fullerton said the personal attendance OF Mr..
Gould was necessary, and II seemed cool to observe
that his absence was not preudicia.
Judge Barrett stated that the object of the habeas
Mr.. Gould to give further ball. Now, II he gave
further bail he assented to the legality OF the order
and waived the judicial determination 6y obtaining
any contempt was intended unless the solemn afida-
Wits were absolutely doubted for which there was no
apparent reason. 1t was not presumed that any
suspicion WAS cast upon the affidavit and the mat
ter OF contempt was question between Mr. Gould
Mr.. Fullerton observed that he was not going
to say anything against the aiiidavits; but he
Mbsny sectns the interest," Of the Ers Rail-
way Company Mr.. Gould would have been in
New York long since. He had no doubt upon that
bly, was but his presence was necessary at Albany to
accomplish other purposes, to which he would not
now refer and he was sick enough, perhaps to make
excuses not to be here. Mr.. Gould could be re-
manded to the custody OF the Sheriff. and could then
give the requisite bond TWAS not desirable that he
should occupy his present attitude any longer.
Judge Barrett said that c0ntemporaneOusy with
being remanded to the custody Of the Sheriff he could
deliver the bond.
Mr.. Burrili asked II there would be any objec-
ton to placing Mr.. Gould in the custody OF the
Sheriff at Albany. Under the circumstances In
which Mr.. Gould had been placed 1t would be
very desirable If an opportunity were afforded him
OF satisfying the court by his appearance that no con-
tempt was intended and that the proceedings were
all done IN good faith.
Judge Barrett-The trouble Is that there Is par
ticular day upon which you can guarantee his ap-
pearance.
Mr.. Burrill thought II the proceedings were ad-
journed till next saturday an opportunity would
good faith, and In the meantime a bond could be
given.
Mr. Porter also urged the necessity OF allowing Mr..
Gould an opportunity Of removing any imputations
that might be made against him, for 1t was due. to
the court as well as to the administration OF JUS
tice. At the same time, If desired, the bond would
be given.
Mr.. Fullerton said he now expressed his desire to
have the bond. AZ the other side very particular
about vindcating Mr. Gould II would be advisable TO
preserve the contempt proceedings TO another day,
and in the meantime discharge the habeas corpus.
Judge Barrett said there was no imputation against
Mr. Gould under the circumstances which had been
presented. lie thought the suggestion OF Mr.. Fuller
ton the most practicable and most satisfactory TO all
parties.
Mr. Porer-Let the proceedings then stand over
and bond may be executed In the meantime.
After some further discussion the matter was adj
journed TIL Tuesday next for the purpose OF exccut-
ing the required bond and the dismissal OF the pro-