The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-05-01

anything out Of the counsel without something being
IN 1t about criminal violations Of i9luactions out
to let 1t 60 without repellingit The gentleman must
learn TO Be respectful to witnesses and counsel.
at the time he made the afidavit, the presumption
In law Is that he believes 1t to be true now.
Mr.. Clark proceeded to argue the question.
Mr.. Field wanted to know whether the gentleman
was not yet satisfied He wanted, II seemed to ar.
que upon every question. He was like the Vicar OF
witness was closed with few more questions.
TESTIMONY OF WILLIAM II. MORGAN.
:, VIM. H. Morgan, attorney at law and notary pub
agreement signed by Mr.. Ashley for the transfer Of
the stock; drew also some papers in amandamus
pei the issue by the Erie Company OF stock; drew
portions OF the Belden complaint all portions OF that
pleading preceding the prayer for Judgment were In,
serted prior to the time at which 1t was presented
Judge Gilbert on application for the Injunction which
was granted by that justice.
Mr.. Field then took the complaint and read from
two OF the subdivisions which set out the purposes
for which this issue OF stock was requred-for con-
sracs1n and repairs On the roadaand also that
An excited debate here took place on the question
whether Judge Gilbert was or was not therefore,
aware OF the injunction previously granted by Judge
TESTIMONY OF HENRY N. SMITH.
Henry N. Smith, examined by Mr.. Clark reside
in Forty-second street; am stOckbroker; Mr.:
Jones Is director of the Erie Railway Company and
member Of our firm don't know how much stock
OF the Erie Company we had In the month Of March
last; don't know how much we owe; all the mem.
bers Of firm were in the city at that time; had
no convertible bonds OF the company; we received
some stock In March from Mr. Fisk-25,000 shares in
book; we received It during the middle of Monday
the 9th of March; It was In Fisk's ONCE, In Broad
street we received SseIy ~ went e at Tsks
before that he wanted to see me; he asked
me wouldn't have some stock in our name; he said
II VIM. Heath Co. compared any stock with us to
the extent OF rs 900 shares that afternoon il would be
all right; the meaning Of comparison Is when q
broker makes a sale to another they always make
their reports first at their respective offices and then
send clerk to the party to whom the sale has been
made merely to state the transaction and II it's
correct; l don't remember signing an Injunction
against Mr.. Vanderbilt granted by Judge Gilbert;
that Is my signature the bond OF the Injunction
lprodnced); made an affidavit in the Belden suit In
Mr.. Fields Office.
TESTIMONY OF WILLIAM BELDgN.
William Belden, examined by Mr. Clark remem
Der being at Mr. Fields house on the 18th March,
Saturday night; don't recOect anything that took
place that day; cannot say whether l went to Mr.
Fields house for any purpose In connection with the
suit; have been at Mr.. Fields house very often;
witness Identified the verifcaton of the complaint
IN his suit; cannot say where made the signature
TO IL; made oath to this paper at the Metropolitan
Hotel, in Judge Porter's room; l cannot state
what counsel were employed in this particu-
lar suit, there were so many consultations;
don't think conferred with any one outside the
profession; what did in connection with the suit
was done under the advice Of counsel; cannot say
that any person suggested to to bring the suit;
don't know who employed the counsel in Brooklyn
to apply for the Injunction
REDUCTION OF JAY GOULD's BAIL.
Judge Barnard announced that he had decided to
reduce the bail In the case of Jay Gould to the sum
Of $780, 900.
The court then adjourned till this morning.