New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-04-24
THE GREAT ERIE WAR.

ADJOURNMENT OF MOTIONS-THE REFERENCE
PROCEEDINGS BEFORE JUDGE BARNARD.
The motions on the Supreme Court Cham
hers calendar i'm the Ere suits were adjourned til next
Thursday by Judge Sutherland. Several motions return
able before Judge Barnard were postponed TIL the 9Th
The PROCEEDINGS BEFORE JUDGE RARSARD;
The petitions in the of The People agt The Eric
Railway Company and OF Schcll against the same, to
continue njunctons adjourned again 10 the sth
Mr. james NJ Ellis was then recalled
Mr. Fullerton said it gave him pleasure 10 retract the
tins witness Mr. Ellis then testified that examining
the books Of his firm he found that 49, shares were
sold for Mr. Fisk; the proceeds were S3jG2 80, and
were paid over 10 Smith, Gould Martin Co.. and Fisk
Reden Co.. the larger proportion was to Smith, Could
Mr. Thomas G. Sherman then recalled, and testl-
fed that the 18th Of March Mr. Fcld was not attorney
for Mr. Drew but he his counsel III the Beden suit
before Judge Gilbert, brought by witness Mcssrs Dud-
ley Field, David Dudley Field T. G. Jenckes, and John
were counsel Mr. Fisk; Dudley Field, think, at
torney for Mr. Gould; was first informed OF me 9nne
March; am confident as 10 date IL was between and
O'Clock p. knew before that that some application for
an INJUNCTION was be made do not know who made 1t
Mr. Field, jr., showed me the injunction; had copies
made out and saw TO them being nr served served
can inform you from information; 1t was upon Mr. Drew
and Mr. Eddge ana by c hoM gade To hI RaSce Si
aud Work; did not regard Mr. Drew and Mr. Edrdgc as
hostile TO Mr. Belden they were served on Drew ana
Edrdgc first Mr.. Schell sent after that night, hut
was not found. and was served the next day; cosd-
cred that Mr. Drew and Mr. Fisk were decidedly friendly
the other drecors considered all the others hostile the
friendly parties the President, Secretary, &c.
James Fisk Daniel Drew, and jay Gould visited the
office during this suit the Erie Railway Company were
not my clients; at later period our office brought suit IN
their name; have seen an injunction obtained before
Judge Barnard quite sure IL not drawn III our
office il had drawn before Mr. Beldcn's suit Drew
and Edrdge first served with the lIDunction can
not say rs 10 Fisk; knew Fisk Beldens partner;
aid moi serve those whom you call hostile Till aferward;
the injunction issued before knew that the stock
had been issued; did not know, had not been Informed
aid nor believe and did not imagine IT. believed the con
rary the purpose OF requiring Field Drew, aud Edrdge
10 issue stock 10 redeem outstanding bonds ana not
for mandamus; did not know In whose suit; all IN our
office knew about Bedens SUIT; do not know whether
David dudley Field knew about the application Tor man
damus; knew about IT, do not know the time OF day.
was before the application In Mr. Bedens suit do not
know Of my knowledge, who was the paintin III thai
case; have seen papers with Mandanus, o. d. Ashley
upon the back / did not draw the afhdayit;
not at Mr. Fields house the evening OF the tn OF
March did not know then these certificates had been
sied; other affdavts than those attached 10 the
complaint were shown "a Judge Gilbert Mr. smith, who
made one affidavit. Is OF the firm OF Smith Gould,
Martin Co.; the other affidavit made by MI Bel
den the Erie Railway Company was the parry vhe was
70 0e restrained Beiden then lived at the metropolitan
| Hazel.
q Why did you go Kings County for that iuiunctoni
A. We now approaching "A class Of questions WHICH
shall decline 10 go ON with unless compelled 10.
The Court directed the witness TO proceed.
Wtness-Under the instruction OF the Court, remark
ing thai do not wish unless compelled, 10 make state
hients that may reflect upon the Court VIII 10 on
After CONSULTATION by the counsel for the people, the
anestiOn was withdrawn.
Witness-thOught his client did not give any directions
10 the COutt IN which the suit should be brought; the
papers copied by Mr. Fields ceriCs the Beden in
Junction was dJSwn IN paJt by Nj Fbd,j Mr. FtsIds