New-York tribune., 1868-04-21

Objection overued as regarded the lrree'"N0''
1ndcs Rnrnard DO Won decline to answeri A. truth
ful answer to that question would De ,vsaf nnon
| criminate myself, and therefore Pi"00 my - "f'
Judge Barnard-Do you decline TO answer a. uoh
a Won 10 decline to or nos
The witness remaining mute snooi h oooa terms az the
ment was directed against him. IN 'ne Sanio 'ei " 'n'
The witness further testified know tne gna5re o r Ip
| the Endorsement OF tnat CclNNN"'O w. -
STOCK wSnss Ssing iISoysement SnE%S % is ti A. Mine
q Did YOU make iti objected to as being repetnon
! OF the previous question , hoo ,o o,o,os On
| o,nc,io% i, M 70 rise and act like gentleman.
Mr. Feid-I submit this is no Mt spectacle for CONT
81 Instice objected, in mild tone OF voice, that he
| 0nesoa was Irrelevant, and might tend TO crlmhate
| and il had already been answered. =. A., -,
NJ CIark-He said u idle question; he did not
s,ae these directions counsel when they make an oh.
lection in court should rise and state those opecuoD'
My Fieid-t is certainly matter OF feetaon that
we are 10 be taught decerum ana nghliy Dy 80 uuo
Where did you make that signatures Objected to for
the same reasons as before. ,...,.,..
a witness after his commitment had been ordered Tor
contempt, Mr. PierrepOnt claiming tnal, as "a u
right and of Jaw the prosecution could not proceed anu
multiply contempt upon contempt TO an INDEFINITE mum
ber and Mr. 0COnOr arguing that there are instances T
corded Of hafa-dozen fines being inflicted on one rla'
and that this does not stop the witness going on ~,
Judge Barnard-NOthing in law Is clearer than Jnat e
cause otherwise any important witness might defeat inc
ends Of justice by going to prison 80 days each Time HIS
O. Where did you make that signature Objected to to
as before ruling, and the witness SUN uecIhins W
| answer, another commitment ordered. nj.
O. Was that certificate of stock in possession , bop g, niSs S
Belden Co On the 9th OF maTc ha re- answer and
| another commitment ordered -, , j., ,h, hotore
q. Are you the same VIM. Belden who brought before
Judge Gilbert suit, and obtained all llUunctloh' A.
| am. .,.. .oe,,ostoa % stand aside and Timothy
G. Schilman was called, but his examination was oo
| ected TO Ivy Mr.. Field who claimed that Mr beiuen
croSsexaminatOn must ON before the ntroducloh Vi
Mr. Beiden then again took the stand, Mr. Clark ,
| eI..l
to LOOK at the signature Wm. Belden ana say III lt was
his & ~ RE srnnture to this adavt Of the
10th of March, and say Il be in your handwrthgi VIII "A;
believe it IS mue. q. Did you apply TO Judge Slloer'
Judge BarrarCi-Let the other side show that fact I
do not intend TO have all the scandal OF Newlork CITY
NJ 0'ConOr-It is set up that another injunction has
been sued out from Judge Gilbert requiring them to do
ius what your nonOr ordered them not to do THIS IS
true that II did issue The purpose OF this testimony Is
leny obtained These defendants called persons To
| their aid who combined IN TINS very wrong, ana
arranged with these associates with That associate
that he should obtain 10y certain means paper IN the
form or cuse O an Injunction and have II served upon
them Thus the defendants got the plaintiffs TO nave the
Injunction served upon them Any cOH9slEe deylce oi
dence is admissible and insist that that couson must
he put down Parties have right TO so proceed As
10 the truth alSity OF the allegations upon which the
Injunction obtained. we have nothing To do We
think know that they are wholly false The party
who SwOre to them may nave been Wholly hslhoilhe1.
We will bring all that but We want to sho" thatit
Judge Barnard-It is proper to show that.
M Clark propose before this examination through
tO show the entire falSily of That chaige ana nave e
afdavs ready, but do not propose TO show 1t 10y Mr..
O. When did vou amply for that iniunctioni \. You
will have 10 state yOur question more clearly q Did
you get injunction from Judge Gbertl a. re-
ceird what believe is called a mandatory Injunction;
believe IL granted by this Justice; no one applied
for what we got believe that applied for an Yunc-
non arresDg these several SUITS and Judge Gilbert sug
gcsted himself that alter the application, so that
he could give what he did. @ Then you never asked
Cir O. Then you applied for two iniunctlons A, The
original complaint varied somewhat from one nave
been shown; Will explain the circumstances " were
present when the application was made 10 the Judge
A. No. sr q Then how do & yoG know about 6 II ssAcd
/ q. Have you seen the original inunctionf A
S hS sno%s yS Sbou m W T a. believe e judge suggested
himself giving mandatory injunction. q: do you know
Say; resided in Brooklyn some time. G Did you ever
see him concerning Tue iHiuncuOnl A. No, SIR, Q. DO
what yOlr counsel has told you A. know as knew
Of other inunctons O. Where the complaint drawni
il except what yoH learned A. believe the original
papers weTs returned r was % not present % @d ,no 10
YOU remember when your application was made Ia Judge
i'Hs Of the timc A. Early in March Q Had you in your
possession at that time any certificates OF stock OF the
| Erie Railway Company, dated March :, 1868
! objected 10 before and same ruling A lt Is inn
possible FOR me to say @ Had you then IN your posses
sion there in the possession of your irIn any con
vertibe bonds Of the Erie Railway Company convertible
into stock
A. have already told you do not recolect The date
%as several day day % SyS @ e ~ GanG aBI os m m
Where were you on the evening Of March ~ A. coud
not tell YOU O. We're you 40 the house Of Mr. Field A.
Possibly 50. q. DO YOU not know that you. were 4;
| do not remember. q. DO you know David GTOesbeck
| tell YOU. D DO you know Martin +. Green A. have
seen him Q. Did yOu see him on that evening A.
! evening! A. have no recollection. O. Did you Jay
Gould that evening" \. fmay 0y may not G Did you
q. And Mr. Green 4. ! couldn't tell yOu @. ls your
| memory good or bad A. That entirely matter Of
FISK Beden Co.. about the 9th Of March. 2jOcericates
OF stock Of 500 each, corresponding to that receipt
| objected To as before. 0verrued as to lrreevancy'
A. The answer as before.
| Judge Barnard DO you decline to answeri
| A. / can repeat. truthful answer to this question
would tend 10 cminate me- aud therefore place my self
Judge Barnaid-He declines by remaining mute after
G motion Of Mr. Clark he was ordered to be committed
a. before @. II there in the office of Fisk, Beden
60. Nos. 63Oo 63 go state from whom you received
! o. do YOU know T. X Wiiardi <. / do. q Is he a
member uf the stock Board A. have no knowledge.
g. Did he attend at your ofce on or about March o. for
he nrpose OF being subscribing witness TO the transfer
OF a large number Of certificates Of stock
Objected 10 as before, aud same ruling
crninate me, and must again place myself ON my
Judge do you, therefore, decline to answeri
ON motion of Mr. Clark another order Of commitment
ordered. Mr.. Field then attempted the cross exam
inaton Of the witness saying that he wished 10 show
that witnesses suit had been brought upon lipregnaDe
grounds in good faith; that his charges are true and Win
cOllusiOn whatever. lie wished 10 IOf an
that naturally did desire to 20 into tins examina
non this presence. But nevertheless here and
their duty them alternative. They must 60 into
it with as much Ot respect they could possibly
PerepOnt said that If the evidence 20 stand at
all they had the right XaInDe II might be that
The witness might die, he might lie IN prison. and an
! opportunity FOR examination never be had. ,,-,
tudge Barnard said II plain principle OF law that
the Xaminati0n proceeds until the direct eX
! animation concluded.
Mr. Fullerton urged that the opposite might as well
nave asked hall hour ago 10 Interrupt the direct by
ANIMATION, for fear the witness might die before
they got through with him. lie hoped Nh. Beden would
/ not die in his present mental condition.
Mr.. Field further urged their right 10 cross examine,
hut was cyerulcd, after which the Judge said that h