New-York tribune., 1868-04-21
THE GREAT ERIE WAR.

TO-DAY.
In nursnance of the direction OF Judge Bar
nar gwen on Thursday last that the reference proceeu
anes in the contempt the Sche suit should go Oh
IN his presence the counsel Tor the parties appeared III
1he General Term room proceed with the taking OF the
testimony Judge bafhuu anu Uue leioie'' ~ '
were preseut
Judge Barnard requested Col Sheridan TO take steno
raphc Of the proceedings for the purpose OF pro
rine An accurate report aud fastening the proceedings
and also requested Mr.. Ira ShaeF 20 appear as dsus
ria protect the Court in any matter where it % az
nifty should appear 90 HIM TO be attacked ~ M s in
ciudng that Of Jay Could and after debate whether Ve
testimony already taken before the referee ere wocepgs
hereafter were TO he before court oil reieiet' "'
Mr. Diven testified: officer Of the Ere ss1a r1
way Company, and such in March anu anu 0 mvseu
on the OF March: that day have DTew the
having Mr. Edridge the President enro6ajv others Of
fbe oniccrs iuriug the day think must have sen Jay b
~ o s,n some certificates Of stock II was IN the
afternoon not long from the me indt m e t ~ any var
iCniar nn1ner the books contain go certificates eaon
fLnk fouV Of them were gwen 10 me;
XIV Mr. Fed-I object 10 that question. MI, EufloS @ @
is not defendant and II would oe ne' tep he did not
s,rfv me number: the books contained luO
;oo them to my house and signed them that night an9
Monday ronne except one that was h11 M t neTher
Tie hour boy named George who Is ih ths One o t %
OF the President came lOI
Private Secretary Mr. Nolan George still IN the seN
ice Of the Company | don't remember his other name
O. By Mr. Clark-What did he say
Objected TO by Mr.. Field AZ being irrelevant; ,o
Judge BarardI will strike it out If they don't maze
the connection aferward. o.,
Jndce Barudrd-I suppose because the cOuhsel h'Nol
I Sr % ge%en1 by MessTs CLARK aud 0Conor in favor
of the question aud Mr. Field in opposition the ooec'o"
a don't remember what said he is stil in the pay
of the Erie I;aiiwav Company; | knew he was coming
,rlta fla Fran
one with the lowest numbers tirs ana ne W3uu S.n i ~
II the next day: the books numbered don't tmnh
ibave The ,ncnorapdmn with me by which / can give
ihe numbers II Won have my testimony before tue Son
Hpoenments were handed TO the witness The first two
books from 6oCl TO 632sl aud tom CS,4oI ~ S1
aud from that up; the other two books weG & no ~ , low
they would number beyond; we always slsn he low low
est number hrst the book ne wanted % me % no sg ] we're
13O0l TO G25l sent ~ to nm; % tnnk IN tne & oS , IN
rot filed; do not think was asked TO sign % %uleh m n
Signatures were attached 10 them they bad not & Geen
sigued by Mr.. OTIS wrote nothing out my own @ SS
time. nave the subs Of OF those books IN court;
took the other three 10 the office ON Monday inoLnS
crt ne. the last saw of that one il in the hands
- ne President erased iny name from the last before
Idelivercd it delivered two ~ the Secretary MI 'ts'
in bs Office his office in the building known as the
Trie Buildue corner Duane and Weststs; the Dfec
tors room, Vice Presidents ROOM ana oecIelas 81 ,
are also there the certificates have been cacele. IN I'm,
books what became of those cut Ou,, canu V,ri t
have two that suppose, from the hun'eis' must
Mir Wm j. Edwards was then called as witness, and
iscs Witness produced tlemJ They belong to john
~
rannof saw exactly the time to these two. 10
Mr. Owen, recalled: These two are among me eetlln-
are numbered C2i9 and C3l7s; do not know OF my own
kuowledge whom they were issued there are etftS
on theS. stuhbs showing the disposition Of the cerh-
Gates: know nothing except what Is IN these ehtCN'
the entry common stork, 40. No., oSiVv, Sn rece1pt"
Received certificate as above, ana 10 NO 652" cs,.'
mon siock No G325i 100 shares of smith, Gould
Martin Co. dated March 1865 received certificates as
signed smith. Gould, Martin q Co.. were s read BY the
understand that Mr. Gould. Director IS me Iond "i
that firm: Mr. Beden OF the firm OF FISK Beldeh 90
don't Know the business Of Mr. Fisk except by Teputa
lion; know what firm he belongs to ly rulnoi; nave
heard Fisk Bcden d Co. mentioned as have other
s nsfI I ce he S Is not here O. Where does he reside
a In New-Jersey. q. May ask how long he has been
years his father resides there; ms office IN Pnes q
IL open a. naTs NSc NOT Uef KNOW S What IS said and
what suppose; do not know OF my own @ nnoMieuee @
Clark continuing the examination OH hlS poh''
when Mr.. Field objected. .,
ton To make This evidence strictly legal
The WitneSs-I have no doubt tle once Is closed. -,
BY Mr.. OCOnOr-Since when has The once beeh
elosedl
by Mr. continue the crosse eXanination WHICH
tad barely commenced last week belore he eleee MI
Mr Clark claimed that the drecte8amination had not
SepsiderSSe discussion followed Mr. oConor claiming
shat this examination WAS new ana independent o that
TIe judge ssid that they could treat the examination
Of this witness before The referee ~ ot De9g pen ] m
lie had mad the newspaper reports ana found 10 an
FieJ sai that MI, side hadl objected TO the refer
rncc 10 the referee aud the form Of the order, aud
now the other side ignored al ta aud proposed to pro-
Judge Bamald-l think you nave nsht To examine
Mr.. Belder's examination was then resumed by Mr.
O. What is Your busine,si A. I am banker and stock
broker. @ What is your firms A. Fisk, Beldon y co
-. Who are the members OF NOur firm a. James FISK
ir. VIM. b. Bradford. and myself q Have you cashier
head hOOkkeepcr! \. We have several clerks VINO
hold positions Of responsibility q Have you cashier
ur head boOk-kcepert
Mr. Tied objected 10 having the question categoricay
answered ! dOu't think the question is clear one
uaico of Fsk Bcden GO. Of delivering certificates of
stock Of the Erie Railway Company
objected 10 a> immateIial.
O. Is any member of your fnn director Of the Eric
Railway CompSnyi A. James Fisk. r., Is director: Q.
Mas he IN March \. ! believe ne The book
Hf certificates OF stock having been shown the wines
yonr handwriting \ 1t is q. When dld you make
MIR Field objected that when he made the signature
was irnu,acria and that as the answer might tend Ia
,miuate him. hc not bound tO answer H. That par
IL was one of whole class oi testimony which would he
objectionable The injunction was against thS Ire EdD
way Company. its directors and agents II the witness
received he received them as The agent 0 some one OF
e defendants and wac himself wltih tne , Solo "i tn@
Injunction, and asking MN questions -, az VIZ @
him what might cnlinatc him ana render MN l"hIe Tor
Judge Barnard-I cannot see how the answer 70 that
question tend 10 climuate him.
Mr.. Field-But The witness must JndGe ol mat
Z, Judge BaTnard-I think that proper question.
Question repeated. A ] understand that the gentle
,,.n have been charged with violating INJUNCTION.
NV answering your question might tend 10 mpcac me
A. do not think | Ought To he asked IN testify against
Iyself ash DE excused. aud place sell upon my
nights. 49,,
- judee Piefrepuut-It within the province oi the
0ut decide that the witness may state ~ thc' curt
lc ND 9s the position ie occupies aud understand
be .ppeals therefore. the Court whether ne snail
swer this question
Judge Barnaul-I don't think the ground sufficient To
Iitu