The New York herald., 1868-04-23
THE ERIE RAILWAY CASE.
The Alleged Contempt Of the Erie Railway
Directors-The Private Interview at Mr.
FIELDS House Observation-Disclosures O
Witnesses C0utinued.

Witnesses Continued.
Before Judge Barnard.
The hearing OF testimony In the contempt proceed
ings against Messrs Could Lane, Davis, Skidmore
and Thomson, directors Of the Erie Railway Com
pany, was resumed yesterday morning in the Su-
preme court.
SIGNING ORDERS OF COMMITMENT.
After Judge Barnard had taken his seat on the
bench he was observed to be engaged in writing on
o number OF papers before him.
Mr.. Field rose and asked II Judge Barnard was
signing orders Of commitment IN these cases.
Judge Barnard reDlied-Yes, sir
Mr.. Field-Will you allow me to see them before
they are sgneds
Judge Barnard-No, sir.
Mr.. Feld-Then, sir, demand the right to see
them, and except to your refusal to allow me to
see them.
TESTIMONY OF MARTIN e. GREENE
Mr.. Greene. the witness whose examination was
not concluded on Tuesday, was then recalled. A
question was put by Mr. Clark on the evening OF
that day requiring witness to state what took place
In private room Of Mr.. Fields residence at a con-
sultation had between Mr.. Greene, Mr. Drew, Mr.
Groesbeck and Mr.. Field in relation to negotiations
then pending for the purchase by Mr.. Greene from
Mr. Drew OF 900 worth Of convertible bonds Of
the Erie Railway Company.
Mr. Perrepont objected to the admission Of this
testimony, on the ground that 1t was a privileged
communication as between Mr. Drew and Mr.. Field
(hs counseD referring to negotiation to which wit
ness was party, and could not therefore be dis
closed.
After argument the court overruled the objection.
Mr.. Clark Yesterday morning proceeaed to elicit
the answer by recapuating TO witness the incidents
preceding the visit to Mr.. Fields house.
z. You were asked the question: "What was said
and done there ~ Please proceed with the mar
rative.
A. We went up stairs into a second story back
room, but finding 1t occupied we shortly went into
"A 20
wanted and asked him to draw up an agreement;
Mr. Field proceeded to do so, Mr.. Drew and having
agreed that the price OF the bonds should be seventy
i've cents on the dollar In place OF seventyseven
cents, stated yesterdays then occurred something
between Mr. Drew, Mr. Groesbeck and myself about
a commission that he allowed to me; | suggested it,
Mr.. Grocsbeck seconded it, Mr.. Drew demurred to it,
as supposed he would, and 1t was not urged; Mr.
Field asked how and when these bonds were to be
pald for; agreed 10 pay five or ten thousand down.
and he suggested that should give my note notes
for the balance; objected TO giving my note; he
asked me when proposed TO pay the balance; l
replied when l shall have converted the bonds,
sold the stock and received the money; Mr.
Drew told Mr.. Field TO draw up an agreement
In that way, and when 1t was completed Mr..
Field read II TO US; expressed that should be held
harmless OF all loss, also that should give my due
bill. payable In thirty days for the balance OF the
purchase money; declined peremptorliy to accede
70 those terms; Mr.. Field said it was strange in
transaction OF this magnitude, that the terms were
not more specifically agreed upon, or words to that
elect declined 10 give the note or due BILL and Mr..
Field, a. have said, said II looked strange that In
large transaction specific terms were not agreed
upon; Mr. Drew then told him 10 go on, he was not
AFRAID 70 trust me- when i was COMPLETED mr.. Field
Of its being transcribed or copied, and asked Mr..
feld when ne returned II IL would be necessary for
vert these bonds; he replied no, he ex-
pecied 10 get a modification OF the injunc.
ton; I asked him what afidavits he wished
me 10 make; he repleJ 'that was the owner OF the
bonds aud wished lo convert them;" they took this
paper into the back room; he then produced an AM.
dayi and read n To me; n was pretty full; 1t recied
what were the rights and prerogatives OF the Erie
Railway Company, its condition, that the transfer
and sac Of these bonds was the purpose OF laying
sIes rsils building and repairing station houses &c.;
after the reading OF u was nnisned called Mr. Groes-
beck into the hall and told him that the adavit con-
tanned things that | knew nothing about, and de-
clincd to 90 any farther In the transactions; Mr..
field then went on 10 say something about 1t, and
kr. Groe-beck stopped him and sad "t Is OF no use
taking; Greene does not want 20 with this
tsn.sctiOn;' Mr.. Could said that the company were
as~irour of having these bonds converted ana that
a. Oertincates of what' A. Certificates OF stock
for the c0nyeriible bonds; don't think there was
anything else material raid; think there was some
tiiing said between Mr.. Drew Mr. Groesbeck and my
-ei ~ 90 te encc m thus issue OF i've millions OF
bonds aud their conversion; asked Mr.. Drew whether
ihe street" or the whole clique would not take this
is-ne of i've millions and put II up;' he replied
thai he only hoped the price would Keep up; Mr..
1foeshcck rather agreed with me that "the street,
would take 10; he sad they had taken i've millions
before that. knowing if and he thought they would
take thi- and Keep tue market up; after stating this
to Mr. brew turned around. gol my hat and left.
Nr Clark then proceeded 10 ASK questions OF the
witness touching the exact phraseology OF the am
day referred 10: a. 20 whether u stated that he was
q boHa n0e holder of the bonds: M 10 the time Mr..
Gfeen let; what other persons were In the room first
entered, Ac. anu caIed upon the adverse party to
produce the alndaNif, which was not, however, COM
phcd with.
By Mr Ciars-Q Was anything said az to who they
would 80 io make thai oaih after you rcusedf A.
tnink NOT sir.
4. Were you Informed before the afndavit was pro-
duccd that you would he expected 10 make an oath :
A. alluded To that myself.
2. Was anything said about the anidavit being re-
CURED 20 Dc used before ans court 10 OBTAIN nodi-
hcation oi an inJunctonf A. l don't think there
was.
Y. DO You know, from anything that was commu-
nicacd 90 YOU AZ that time, VINO made that afdavit
snerward-s A. don't understand the question:
understand YOU 10 ASK II anything was said there
~ which knew Who did make that aniiayit
The Court don't exactly understand your ques-
tion myself. Mr. Clark.
Mr.. field-l don't think any one else does either.
M. Clars then went ON 10 state M great length
that they he and his associatesl Thought AN attempt
was made TO snbcrn this Witness, and that the an.
dasit which he declined TO make made by another
party. This witness, they believed could put them
the lead OF the party hy whom the false oath was
made which witness had the honor 90 decline u
make. That andavit had been used To deceive Judge
gilbert when he granted the init nctiun In the Bclde
suit and material facts were suppressed from him.
Nheiiicr that andayit presented 10 that judge
O. obtain that injunction was an important fact IN
tai. case. aud tney believed witness Knew something
Mr. Ficid rose and said that such harangue a.
that shirh had Just been made, and which over.
stepped al bouno- 0l tnOutIattoi, was A. fcinafA
abie a. II ws- dcrogaiory 10 hifn who made it..
M ciark rising rNcitedyl-i call the gentlemen
90 order. ar. oillect 90 personalities and Ask youi
Honor o. interfere 90 prevent them. They are not
relevant % ths case.
Mr. fsid txery cxClteliy Counsel has said. sir
has dafei % say-hti there wa an ais,mpi made "a
suiofn TINS witness IL that inirrNcN. Would he daf,
o. -ay thai ans Hnero-cise Than under your protec
tlunf
Irdrr Barnard rnisrupfng -wha DO you mean
~ lna'
NJ fleil ioonfinuingl--f mean 20 say IN thl'
fuufi. Il thr pfC@c ol a c0ufi. lie would nol
dArt io -ag that Oui slls. Insfc was not = single
fhiftx dune ~ thai infsrseW tnaf could touch tns
honor 90 any nuuan ueiR, aud - itf a. thls u an
atfH upi tu imp1te hina disnonprtae o. uf sou.
who usw flfs blsiig fBe Ne b. much superior a
him attempts ~ iu ritfaiiun. Cnitnfe. integrity
character ana eNprfieucc, one maa can ~ above
aInlt Icf.
Judge Barnard. sner sofne further rrmarks ~ Nr
flC rali haf hls usrls-if.n Nts uuu ci'ssaft, and
tha nr w0ud have tskcn tIafkf ui ~, fifidr inter
r.fs prfhalps mote rnsOluailf man Mf. ite.d Wa
/ -..f.a' A fi.sro IA I.gerl naafIrnaa