The New York herald., 1868-04-22

Il
member OF our frmf A. Undoubtedly; the receiv-
ing stock Clerk, Mr.. quincy, received them.
O. WIRE Won present when they were deliveredf
A. vInk was bat cannot swear posi''Vev as !"
q. You were present them A. cannot swear 70
tb $ stock sir; was present when Mr. Quincy was
eceivng various stock; u was very busy Gay, ,
thirty thousand or forty thousand sharesf A. pre-
sunle he did; cannot say Of my own kncwieage
that saw any Erie stock certificates az 'he o"'e a'
o. who delivered itS A. Some boys.
This portion OF the testimony areauy gsVe, WI, wns
retraced to show what stock was meant as the VIII
ness claimed that none OF u had been 'ueh'he" SO
that he could speak accurately OF H. o,, =. ~
@. Did you receive stock from Boys VINO ieit " :"
that way Mt your Ofiicef A. Certainly. ,
O. D receive any that DAY from I'm mr. tpcn 1sN as as
delivered at all that day; on tile following dsy 'c
stock was sent in. - 60, ,,,,, |
& Co.; cannot remember the amount; orough'
some OF II myself. ., L.; |
Q. Did your firm sell that stock representea LIZ, Dy
those certificates which you received from smiIh'
Gould, Martin 4 Cor - |
Mr. Fullerton had several times audibly commenteu
upon the correctness Of the answers by tns Witnes
and imputed to him a desire 10 cohceai the iac1''
and ,,, .na. !.
was not proper for any counsel to say 10 Witness
what had been said to this witness. MI Ellis was
for augbt that appeared as respectable as any one
else jnsteaI of conceaing anything he had already
told than he appeared actually 10 know oi ms
own knowledge and the court should interfere W
Mr. Fulerton-What said, sir, is true, and re,
peat it. If the witness has a certificate OF gool
character he had better produce 1t; lie VIII neeu IL
before he gets through.
Mr.. Field ask the court If this is properY
The Court don't THINK any such language should
be addressed TO the witness at all.
Mr.. Fuiierton--NOw your honor knows that the
witness IL trying to evade me IN this exanhaiioh'
Witness-That is not the truth.
Mr.. Field ask whether the counsel ls 10 De per-
nlitted to use that language?
The court-If any objection Is made hereafter to
language used by counsel it shall be stricken out
MI. Clark obJeN TO TINS catechlsm Oh Tue court
by counsel
The court-Mr clark, the court ~ aDic W Jake care
Mr. Field ask you, sir say that the observation
was improper, II you refuse TO say so' that ls
enough. II you have forgotten what the language
was Sir, the reporter will read 1t.
The COURT shall say to the counsel that II they
have said anything wrong the court rebuKes theni;
Mr. FullertOn-rhen, Sir, 1t does not come Ia tliis
direction Qaughter.)
Witness, turning to the court said that he desired
to be protected, as the proceedings OF the previous
day had been published In the newspapers, ana ne
presumed this would be also. Mr. Fullerton had said
| that what he iwtness) had said was not trne
The cOurt-lf he said thas it was wrong
Witness answered the orig naI question Know
nothing Of my own knowledge; presume Tue BOOKS
O. What amount of certificates did yop receive
from smith, Could Martn Oor a. . me arrange
Q. Who gave instructions for the sale OF This stock
received from smith, Gould, Martin Co. A.
| know nothing about that.
| O. Did YOU receive pay for it9 A. ! did not.
! O. Did your house receive pay for it? A. AS to the
whole of it know nothing; presume pay was re-
| ceived for part of 1t.
Q. What did you do with the procecds9 A. That
| know nothing about.
| q. Did your firm purchase the stocAY A. don't
know whether ii was bought or not.
| A. No sir: fhe stock clerk informed me that-lIr.
Field objected to what the clerk had Informed wit
Q. Have You any idea what that stock was sold
| forp A. might nave an idea
| q. Well will you give us that idea2 A. No, sir
| q. You won'tp A. No. sir, won't.
q. When you dea in stocks do you keep the num-
| bers OF the certfcatesY A. do not sir.
| O. Does any one OF your hrmf A. isuppose they 10,
| they ought TO.
| q. Don't you know9 A. do not.
| q. What entries are you in the habit OF making in
your books of The numbers of certificates OF stock
which are sold or purchased by your a. can only
| state as to the general practice OF the office.
q. Win you answer thatf A. | will, If am IL
Mr. Fullerton cooking at the court-well lot rs
have some Instructions II is about time there was
| an objection. Caughter) A. rhe general prac-
ice Is THAT we do make entries very often 1t is not
| dOne
| Witness was cross-examincd by Mr.. Perrepont to
SHOW that the business transacted in Heath Co. s.
ollce was very large daily, sometimes amounting to
two or three million dollars and that witness could
not keep himself informed as to the details of what
! particular stock transact ons were made, &c.
Jonathan W. Dillon, messenger lad in The 0flce
OF the Secretary OF the Erie halfway Company, was
called ana. testified that lie took stock certificate
Mr. piven, the Vice President, on Sunday, March s;
took it by direction of Mr.. Hilton; Mr.. Diven gave
| him another book which he brought down aud gave
to Mr.. Hilton ut the Ollce. Witness identiGed the
books
TESTIMONY OF MARTIN e. GREENE
by Mr. Clark.
q. What is your business9 A. I am In no business.
Y. Were you at the Fifth Avenue IIOtei on the 7th
| of March last2 A. Yes, SIR.
q Did you sec David Groesbeck thereY A. did.
q Did he make any application there 50 you, sir,
Mr.. Field objected that the question was incompe-
tent, but the objection was 0verrued.
| A. MIR. Groesbeck made application TO me
about s5,0000C0 (Mr. Field objected that the exact
language Of MT. Groesbeck must be used.l Witness
| i don't know whether can use the exact Ian
guage Mr.. Groesbeck said Mr. Drew wanted TO sell
me s5,o00Oo0 worth Of the convertible bonds Of the
| Erie Railway Company holding me harmless of oil
| loss In tie transaction IA pause)
Mr. C1ark-Go on, sir.
witness--I have not the ful scope OF the question:
should very much prefer 1t II your questions were
specific and not SO comprehensive, sir. tLaughter)
Mr.. Ciark-The rules Of the conrt require me to put
them In that way. What further was said 10 price
and terms9 A. Nothing said, think sir, ex-
cept that Mr.. Drew could dispose Of those bonds to
other persons, but wished to sen them to some per-
son on whom he could rely.
q. The terms OF sale or price were not the subject
| Of dlscussion2 A. No. sir.
q. Was any suggestion made as to your going any
whcreY A. Yes, SIR; to Mr. Drew's house
q. Who went with your A. Mr.. Groesbeck.s
U, Where did you go TO IN Mr.. Drew's hOusef A.
Into the dining
Q. Had You an interview therc' A. We had.
U. Who were present theref A. M. Drew, MI
Crocsbcck and myself.
q. state what took place at that interview. ,Nr
Field objected ON the ground that the subject oI this
testimony had not been connected with the case
Objection overrued A. MIR. Drew repeated the
proposition.
q. state what Mr.. Drew said. A. | think Mr.
Grocsbcck spoke nrst IN reference TO my buying
these bonds. Mi. Drew said yes, he wished TO sell
them.
q. state what Mr.. Giocsbeck said. A. do not
rccollcct sir.
q. As near NJ you can recolleet, any reference
male 10 the conversation which had passed between
yourself and Mr. Croesbeck at the fiith Avenue
hotelS A. do not recollect; | presume that Mr.
Drew was aware OF what MIR. Groesbeck had done.
q. state what was said a. near you can by each
pcrson9 A. cannot tell You what each person said;
think Mr. Drew said, Yea, he wished to sell me the
bonds.
BY the Court-Dld Mr. Groesbeck repeat I'm Mr.