New-York tribune., 1868-04-15

av MANN O " h.ss @ from all loss In the transaction;
he said also that Mr. Drew could s e sese S m som
one WHOM ne could depend npon, words 10 that effect
pa he yS to ete
Where was the housef A Umonplaee corner OF ssVeh-
% Yes. Sir Who went with you, beside %r
Groesbeck il any onei A. NO person z state VIVA, 5d
after an interview with him. Mr. Jay Gould, who was in
the hail. and whom met on coming out OF the room
S SSSurse mss STy and Mr. Drewi A. Mr. GroesbecF Qstae
what was said at the interview between yourself and Nj
each person INF Field objected to the question, rs
being incompetent affect Mr. Davis and irrelevant to
The issue A. tits impossible for TO tell all that was
said Mr. Drew reiterated his proposition, communicated
tibe bonds Of the Erie Railway Company. holding
me harmless from all loss In the trapeaction. L
sSSed sSS he m REPLIED G0 hs had that he had bought
them and that half hour afterward as he was leaving
with an injunction restraining him from buying them
don't know that that was his expression exactly bnt ne
injunction was know what my impression OF l. was; was;
Mr. Drew then proposed that we should go 70 Mr req
house, which we did mr. Field, ir) accompanied by Mt
Gould Q. Was anything said between yourself ana MT
Drew as to the terms Of the sale proposed py NM IN a.
posed, think selling them at n cents on the dollar y
Was snyhPs ing SSd a to the Net az MI bsW
o. anything further said touching the subject on ~
sss tausd a. sIs 5f @ Drew % GToeBecE and MT
Gould O. What was the time OF nghti A. really cant
S sq yo1 9k ee at 'i M Feds house A. Several young men
whom did not know--I suppose they were clerks-eh'
TeRt SaPtner SnS Of FsSe Beden Co~and Mr. Field Q Did
any Interview take place between yourself, MI Drew;
said. and By whom objeeted to as incompetent to
affect Mt Davisl A. Mr.. Beden was not present Mr;
Field led us through the back bedroom, where Belden
and the others were, to the front @ bedroom rS
With whom did ySn have Ne an Ms Could and
Mr. FielqQ Where was Mr. Belden then a u,o saw saw
with him A. some young men @ What occurred ct
the interview between Mr. Field the others ana your
self Objected TO by Mr. Field as irrelevant ana nn'
proper because calling for communications between
counsel and client always hitherto held TO DC sacred
pose there and Mr. Field proceeded to draw mp
paper embodyiDg the facts; the price OF the bonds
before was 10 be held harmless from loss; the paper
expressed that the question then arose rs 10 how was
pay for the bonds Mr. Field suggested that after pay
Judge Perpont here desired the Referee to instruct tho
matter of law to state anything which Mr Field as
for Mr. Field himself stated or advised III that
consultation; the advice Of counsel thus gwen rs by the
policy Of the law sacredy protected ana that 10 party
Mr. Clarke said the principle referred TO Is not apple
able % matter Of this description, and that the law
gives protection TO any of the parties engaged IN
that the witness proceed with the answer.
The Referee said that he had the power 30 TO do he
would not hesitate to decide; but under the circum
stances action on this nice question WAS to be had ap
After Argument Mr Clarke nodded his question by
asking the wness TO contne himself TO statements made
ever Mr.. Field may have SAID
Judge j. X Porter thought that the proceedings far
az this witness ia concerned should be suspended until
the Retef9e could take the ruling of the Court The qnes
ton involved here was an important one and 1t should be
decided before the witness was allowed TO proceed
The matter Vas further discussed when the witne.
asked IL he had the privilege OF saying that under the
what took place at the interview. The referee replied
that he had and the witness then said that he preferred
not TO answer until decision had been made by The
Court The referee then remarked hat ne shoud sH he
Court for instructions IN tne zen matter ahG n csrolc TSon
at Chambers to-day, at o'clock p m The iurthef eA'
! animation Of the witness was then suspended
James VI. Ellis was the next witness lie testhed that
he was partner IN the firm Of William Heath Co. money
brokers OF this city was In the city IN March lsoe df
clined 10 whether he was employed by the Ere
Railway Company about the 9Th III or9th OF laTch
time sen any railway stock on account Of the Erie Rail
way Company on account Of any Of the Directors I OF
said Companyi Objected to- unless confined 70 M pa
Vs A. decline to answer. O. Did your firm receive,
or about the 9th Of March any Of stSes III
So state what number you 60 reseyea ana IRON wH1 %
| examination was then adjourned till 10 a. m, today.
| PROCEEDINGS BEFORE MIR. REDfIELD, REFEREE-
| MR.. CHARLES A. RAPALLo EXAMINED.
The examination which has been pending for
some time Mr. Redfeld 10 procure testimony In
the suit OF Fisk r and the Erie Railway agt The Attor-
ney-Gene raj and others for the motion In CortandVe
| was proceeded with yesterday.
Charles A. Rapalo examined by Mr. Dudley Field,
| as follows;
Q. How did il happen that instead OF applying TO
Judge Cardozo in Chambers, you applied for the njunc-
ton TO Judge Barnard at his resdencei A. Purely ar
matter Of personal convenience myself and to avoid
the necessity Of going into the crowd that always collects
| where "a pdrte business is going on.
| O. When you made the application did you explain the
matter the Judge by reading the papers 10 him. or let
ting him read themi A. made the application In the
customary FORM by stating to him the substance of the
| contents Of the papers had with me.
@. Did he read any of the papersi A. cannot say
how thoroughly he read them. He had them
before him, and had opportunity TO read them.
| II is not customary to thoroughly peruse long
docTments Of which large portion, are norma
any portions Of the papers which he read Can you
O. DO you know that he did A. He done so;
he looked at them but have no doubt he relied manly
on my statement OF the contents many Of the judges
OF the the habit Of doing in such cases O.
Did he the injunction which he signedi a. believe
ton since your last examinaOni If so produce il A.
not snbpenaed 10 produce papers here to-day and
with the Judgei A. cannot state exactly how long
with him. newhere from half an hour TO an hour
q. Was any one with him beside yourself !
A. No one, as far as remember, except servant who
not served A. decline TO answer questions touching
my professional intercourse with my clients ana could
the present Erie litigation begun f. cannot answer
yOur question in the form put 1t IL is exceedingly
aow oDs 10 say yas M s in
before it oommencedi A. Not more than three days.
q. When commenced was he acting in concert with any
other person or persons A. YCnr question think re-
sional capacity q DO you decline answers A. 1don
feel that at liberty 10 answer q Who obtained the
Injunction in that case A. obtained 1t. q Where A.
At Judge Barnard's residence, where, as said went
avoid the dIsagreeable duty Of gong through the
crowd at the @ Were any third parties present al
that tnei A There no one present except myself
and he. Q. Who retained the Attorney General IN the
litigation A. MI Hammond the Deputy Attorney
General in EewYOrk, and laid the matter before him,
and believe he laid II before the Attorney General O.
Did he come TO NewYOrk by appointment A. decline
TO answer that question have already refused TO
swer to any information obtained by me IN my profcs
sional capacity. O. Was he paid fee, and II so, how
much and by whom A. decline TO answer. q Will
you answer whether he was acting IN his
parties A. | shall leave the Attorney-General