New-York tribune., 1868-04-15
THE GREAT ERIE WAR.

H..
PENDED.
In re IA. Habeas Corpus Of jay GOuld.-Yes-
sArday being the day Of the order 70 show cause
against Mr. could and Mr.. Harris issued on Saturday
Mr. vandopoe as Grie. euig called the attention o.
the Cour 70 order Neither Mr. Gould nor Mr. Harris
Wss present, bat he understood that their ahdayits
MI Bafriu then read the anidavits. The following is
or CosRtg q No YorA Jay Gould the abOvenaned rs
rs Issd copy Of sdsyit made this proceeding By
s% 9, ~ % GS 's & m a. AP Is'I S 5eSc1 SsS1 M
ng order maze by Judge Barrett and particular never s
sayhas ssG BY o1s AZ say lbs. would tss he responsibility
Of that ANYTHING equivalent tbeo neither did at any "s ''
oe During early pan this suffered from p. : e. :.
G or ogi weeks during part Of which time ny ne va
s s1 ,%dSSsS g % :. 9 ofidss s.S 'Ga 3D. @ P
and for al least except my vile and hsd'A
5S: bad suffered under similar attack in December lSe snd
sS sSs. rs.ssd 5P' Z. aSoSs & ny d sni @ advised and
A.Beye tbG, sill N dsHcere relapse IN case OF u0us
o morning Of Ap TO- I fully sifSG gS Jadss 10 aIp Raf.t It
me; and for tbe purpose Of m
saneg % Sr wa, sSeS as to ats il for out
10y hotel much worse 10 & @ % & %
sS :SS the iDrs9.:S 1goSG himself sad ~ S.g5s
% s g. 'Tl a .sc@ .sc.Sss sSs y he ss gS @ .s@
~ SsssoS and furthermore the Purpose Of rey ng
The ea;s from m % sS 10 % 10 discharge Of the Rsbe corpus
ao 10 give such bond which then drawn and % 20
be
ssng R that advised by counsel that bad ngh' DO So
aud abandon The proceedings under the VII 81 aoe "s
,sa,es reS,s a. "a sss ''sn sacS SoSs ~
S iSsss read the siavt Hsntos Harris ESQ., made IN ;his
ceebE and Of nv sTn knoSedl e 50
M sets h bis private feelings and Intentions and as u''
SsSsS never heard oliver tell that was ntt.ng
any process. Ss Court jasss pcc1 dd ever
tsna Or a'e % 70 f & 01e Z, ys%sn with me- and told BIN
ought 60 away bat be said that his wife was in Albany aud be
TfgSG xs sdysd BY y counsel Hamilton Harris q m The
,strS1 Kim So Psets compel nv The City Of New
YoI any day eeP the stb day Of AP @ shen "a aas , V q,
ths subs myself bis continued custody ANo requesting
' MAJ "eVeI rsosssi.S the in ShiSh was
s,a dated & y wch have sd and know benne ba,
s Oliver sqsen' 9h'end himself for bis oN5 sesommoSn % non AVa
Tweed T1es Creaps and osf5 sIsO Sno,S 5 SeJj hat
Ss ,spord what occurred in nv them for which reason vac
mgi0ug hsi ne should bearn eonysspn @ Nun M @ s ne ,,
Tea dscam IN tie tei nHnper al as'espfeM, M ot t & in b.
and gages aud particular Tor be Judge wlo siea & S & VIZ ~ ~ n @
Hos HsT Ss,s IN bis av hat evening Friday be
tod Mr. Oliver GOnd the physical attending him
slated that he mPde9t IN riding non Is P&n o hS S
wanted BIN dGgE tot night Upon hearing ron Dim ps m No %
s,y @ that as NJ proposed e1ates 60nd % the Sheriff
Of proper snrees conformity wie g9age
suSb he proceedings before Judge That sDeh bono had
been DreP and ' ss ' Tgs1 aSss Tb t S S Sgh sS
q SS.r ,s oU4ep & cf 9pohsu, S S Satisfactory to all parties
nees ony nrhe, poeeeng eer The WIT eeSrs ore Jndge
nar ron himself the responsibility Of Mr. Gould, going dSso
v Mich ts deponepi assumed for his
spons6 and would have nothing do with such bond 1d
dsposen bin he unreasonable; that M Gord was not
sHPg 20 his lines tt TO 80 aSn5 Una: ins oP.bsos b % IN
sie Gou Oliver rouoed order made BY Judge BsIet arr
April aid Oliver should the meantime leeP said Could IN
ne bad said order he had right to take sad soad
assS before Judge Barrett adjourned April H. and ha,
s, M egSs eSS soS 5s%''f sn @ t he bad psy promised
tso buthsi he vas not vel s2SSsh and ,h' Co., BIS & qUI % sa
tS as then advised said Goad not to CO.
tAs. MI G would not down 'ho, ngt @ S SS, , ys 's bS
Fyen for Mr. appearance the above All that occurred in
ST saeb sGyoe h aepoSeu had treating with ds
spset the process dignity Of Judge or Court H.,
joseph Ramsay ,ds that EIa9y % ,sn3f 4. aes1Hs @
Olive, r T IN % w. ds SS ssD sSs @ him ana ssd Ss 3 G s
Was no hes with which to o,s ~ oB we @ 70 ou st be- "
committing criminal contempt that Gond SAID he Neuid take
" H. Madden makes affidavit confirming the above
Lyman Treuain and Ri W. Peckham jr., also make AIN
davs as to what occurred in the interview OF ohye
The Court after the reading Of the adavits remarked
that they would be far more satisfactory II MI IOuI'
MT vanderpoei called the attention Of the Court TO th
fact that there was not the slightest attenp 10 US
and that 70 the tender OF the bona TO h
Oliver it was nothing for ne could 10 more receive
Mr. Dudley Field said that Mr. Shealman, who had Just
come from Albany where he had been with Mr. Gould OF
Monday IN Court ana cOulu lSstlly u INC W
Mr. GOuld's health ,
Mr.. shearman said that he had been with Mr.. Gould
during the greater part of Monday aud that far ht
could udge Mr. Gould was in too feeble health 10 travel
There had been during the day IN his room the persons
He had endeavored TO find Mr. GOuids physician to pro
his affidavit but unable TO do so before the t
Mr BuTri then to show the good faith in which they
acting said that they had drafted the condition OF
fendent himself should execute it, by Mr.. Gonld Thai
this condition had been gwen to Mr. Tremalns clerk whS
had ORedt
thus defective II had been executed by Mr. Gould They
only offered 1t 70 show his perfect good faith in the
The Court thought that, on the affdavts. sttemp
10 commit a criminal contempt shown and far AZ
Mr. Harris was concerned he thought 1t his due 10 dis
charge the order 20 show at once lie appeared
sateeSs of s eenf He had at once in the mos
proper manner, submitted himself to the jurisdiction o
The Court though there was some doubt as TO that ns
ction AS TO Mr. Gould the question Of his good aitl
would DO better determined when he should be before th
init He would say that with regard the Court officer
the General Term had had the matter before hem ant
had allowed him to submit any written statement ~
might desire by Thursday. On that day, or on Friday
they would probably announce Their decision on ms case
Perhaps the proceedings III the OOud case had oette
stand till then.
Mr.. BuITlll suggested saturday az more eonvemenI
then entered dischargns the order to shov
pause against Mr. Harris, and adjourng the proceeding
in the Gould matter till saturday.
THE EXAMINATION IN THE "CONTEMPT" CASE
CONTINU ED--THE RIGHTS OF COUNSEL AM
CLIENT DISCUSSED.
The examination in the case of The People
DC at j. c. Bancroft Davis, Of the Directors OF th
Erie Railway Company, accused Of contempt Of Court
aiding in the violation Of injunction order issued b.
Judge Bamard-wss resumed al II o'clock yesterda
morning. before John B. Haskin esq, Referee. Mesr'
Clarke vanderpOe and Rapalo appeared for the prose
cntio and Messrs Field PierpOnt, Porter and Eaton 70
the defense The first witness called aud examined 10
the prosecution was
Edward X Willard who depOsed that he a stoc
broker doing business In this city at No 30 BrOadst
knew the firm Of Fiske, Beden CO.. was IN their Ofnc
on the 9th OF March 1868 Mr. VandcrpOel here produced
certificate for IOO shares OF the common capital stock
the Erie Railway, dated March T. 1865 lNO G3.249) AM
sailed attention 10 the transfer dOrsed thereOn vii
ness-I signed that transfer as subscribing witness;
saw executed by Mr. Beden can't say when OF where