New-York tribune., 1868-04-23
THE GREAT ERIE WAR


Their TESTIMONY BEFORE JUDGE BARNARD
There were ten motions yesterday on the
uuprsme Court Chambers calendar growing out O 'no
sErle litigation three TO dissolve niunctons TWO vi
90 yacatS the order appointing the receiver
STAYS Of proceedings and others OF various n",un 80
DUDLEY Field said their Drew Side was fo"u' 'A -"
rrst three motions, and desired 10, 10 Al not w,sh
st once AS 10 the rest they were reau me vnderht
70 press them Mr. A. g. Brown, d oT IN the cortent
hide said that the counsel were s tbat tb b5e
S,roreedings before Judge Barnard an tuaI tnS 5
Subject had been argued 3 On rePaeTed IT'S decision He
erIn, Thich had not yeL ,js stand over nntil the
asked therefore, that the MORON S'"S Tgl5 ra,iS
Est She motions the ninnctons Were On toaly Gu
herent ground from those OF me t o~v PoouunS
d they had they could quite as wen spare counsel Ho
be contempt proceedings they could 10 argue these
sspecay as there was knowing when these
sDroceedinEs would terminate Mr. Burreu on the same
SSs md Messrs Vanderbilt and Rapallo the Wander
kt .ds who mad in the mean time court took
sosrt in the discussion hut Judge Sutherland finally set
Eoldng under advisement whether he would then hear
tbem adjourned the other seven to next Tuesday
The next proceeding in the Erie litigation yesterday
was an application 10 Judge McCunn in the superior
SeIatn ~ Who was committed Ior contem Il by Judge
barnard distinct issues, for refusing to answer
questions put to him during the investigation In the su
Rreme Court.
Judge MOCunn refused grant the writ, saying that
in his power he would keep his Court clear
Counsel called his attention TO the fact that la
Bile Of o. for refusing grant the writ bat
Che Judge said be would take the responsibility OF that
The third proceeding In Erie was the examination ION IN IN
i.ct
Barnard during the present week and promises 70 @ I
down 81 o'clock when the proceedings adjourned the
Dr0wd was as great as ON any pre- yous day' ,a o, ana
che orders Tor the commitment Of Mr. Beden FOR con.
eempt Judge Barnard denied the request untn tney
snsS shsHed between Mr. Field and Mr. Fullerton, but
Che request was denied. Mr. Martin r. Grtene was re re-
lows On arriving at Mr.. Fields house MT Drew tod Mr'
what we wanted and aI nn M bo the
agreement that the price should be % cents instead
Sbe bopds and Mr. Field suggested that should give
note for the remainder to which opJeeted oI9
been converted stock and Sold aud the money
Ceived declined to give either notes or due9lls Mr..
fed said he wished me TO make ahdavit that was the
holder owner Of the bonds, and wanted TO convert
Chem DID not want to commit myself 10 an 4 the e state tate
but bir. Groesbeck stopped him after some Dy-talK,
got my hat and left; the afhdaVt SAID that /
Yves the owner Of these bonds; saw no bonds
por stock certificates present. Mr. GrOesbeck
ss with me; left Drew Gould and Fisk together
did not ask the stock certificates the
tract not signed 1t said that was TO be indemnifed
rOm loss left the contract there Mr. Clark called for
she affidavit but opposing counsel declined 10 produce
necessary that the aihdarn should be sworn lo Knew
would have 70 make an affidavit. but did not want
Go this one; do not think said anything about
Seing holder of bonds Mr. Clark said the witness could
aid in ndng who took tine false oath to the papers and
preston OF material facts and he would bring the Judge 10
ke what statements had been made Mr. Field said the
dare charge outside OF H. that an attempt Lad been made
9o subOrn the witness Witness resumes-l wish 20 dis
own any attempt 10 subOrn do not know Of my own
knowledge, that the affidavit was after"ard sworn TO-
bonds and had half hour atterward been served with
injunction; know that Mr. GrOesbeck ana MT Beiden
were speaking terms; the affidavit was not made
and only TO be made IN case the transaction was &C
nOmplsbed
Mf Charles z. Quincy called and testinedAm cashier
for Messrs Heath Co; mad transactions In Erie stock
the 9h Of March last had transactions for several
persons that day. sold quantity OF Erie stock Tor James
9sk jr Oh that day; between 10000 and $4,000 shares
deliverable cash. regular and seller cannot give all the
plumbers, and don't recall any particular ones
Mr. Olark-You must get tie books and bring them
Witness-They were, by recollection, between Nos s'.
DOo and $3.50 sold 20o shares for Mr. Fisk that day;
$500 and 6S,5OO TO the best OF my recollection; the
SmOunt Of sales was between g OooOoe and siOooG re-
q Coz received more from Smith, Could Martin
a Co. than from any one else don't know what
became Of the proceeds; pad Tor u 10 smith; IN
bow much to either paid on the day OF sale and the
day following. aud paid it all on those days received
stock from Fisk Been Co on the day OF sale and paid
Ghe proceeds the day Of sale was sold to number
% & Sts 9Saa{ y the u Hf ch do not S remember
eny other purchasers do not think now they weTs sold to
other parties and We received their cheek there
Sor. did not receive any instructions about margins
know Of no deposit being made as security " cover mar
SssXamned by Mr. Fieid-soid no stock myself
oaw sold; only know IL sold from It's being de-
hyered from our ofee aud we PAYING ior IT,
ns for purchases sales OF stocks unless informed
Ehat stock he given Mr. FISK informed US
0ha the stock was given and dd not require
Marx K Hamilton.j jr recaled-Am stock broker,
qnd member OF the Regular Board OF tho New-York
ftock Exchanges was asked 10 be subscribing witness by
considerable Erie stock, bat declined.
RK. Willard, called and sworn-Am stock broker; or
che 9th OF March last was called 10 wtness ne Oh
quantity Of Erie stock al Fisk, Beden Co.'S wit
ossed between leo aud 2V shares cannot tell the mum
bers dd look the dates the transfers were made
cut in the name Of Fisk, Belden & Co
Samuel W. Lapsley, called and sworn-Am stock
holder sold Erie March9; suppose sold 10000 or
39OOc shares different persons the employment of
eight ten different persons sold one lot OF 1000 at the
fofM In IL. AID
cash. and 1900 to James D Austin at 81 REGULAR dd
Horatio n Otis, sworn and examined by Mr. Wander
pOel-An Injunction served about the 4th, 5t,
81 sth OF March signed certificates Of stock
OF March at the Office OF tine Company in Westst signed
g. VcsPresident aud signed them as Secretary they
had been filed up and dated half TO Fisk, Belden Co,
sDd han 10 Smith, Gould, Martin Co. the certificates
were dated on the eth OF March
NJ Willard recalied-Witness identified the back OF
q certificate 80 stock shown hinl, which read:
,ss ore d.s MaT & 70 ca SS@ SJ Mr. D7S as Wee
t-seHt The susier dated seh iS
Cross-examined-l sec my name signed here; do not
know wnen signed IT, that is the general appearance Of
the backs OF certificates Of stock.
Reirect-Do know whether it is Of those that
elgned that days was very frequently sent Tor by Fisk,
Eelden Co., TO transfers Of Erie before aud
since eth OF March, perhaps never witnessed 50 large
Mr. OTIS recaIed-The transfer books were opened on
ghe 7th OF MaroF informed ON Monday morning that
ine books were closed they have been closed since, 10
the best OF my knowledge; suppose them to DO at the
Eanafer Office the transfer % 2n0e "a I & DGs & e1sc the
been 70 transfer Oice since the 9th OF Mach IT Is
been doae 70 INV knowledge s1ce March o. received in
ptructons from the President on Saturday, March z,
abOut D. m al Westst office. have ready OF 10 issue
eertfcates; that WAS the extent his directions; he
oad he wished have certificates ready IN case the lh
function should be modified or raised
James 81 Ellis recalled Can, 10 some extent give the
names OF purchasers Of stock the gt OF March, 1900
shsres sold James Austin at 81 $780, to Rufus
Hatch Co, at 81 $500 20 Soaring Campbell. al 575;
Work, DAVIS Barton, at 74 numbers OF the Ger
Sncates from smith, Gould, Marlin d Co., were not
taken By press OF business; OF tho shares from