The New York herald., 1868-04-23
ing from the testimony Of Mr. Ellis, a member ofshs

| firm, on the preceding dag.
James NJ Ellis recalled, and examined as 70 WA. h,s
arrangement was made 10 margin between NJ
firm and his principal, Mr.. Pisk, on the SAFE o. sh
stock, and stated that the custom OF tse mn ~, %
which he u member was to receive ''marsln ~, .oi
the sale OF stock, unless they were Informed ta 's
| stock was given them. They were so iniorined =,
Mark julien Hamilton, stock broker and member
| OF the regular board OF the New York stock *.
change was next examined and testified thai on tue
9th of March last Fisk, Belden Co. requested hlln
to become subscribing witness TO the transfer OF
considerable amount Of Erie stock witness then ~
| stated he would rather not; one certificate oi
| Erie stock at that time in Mr.. Bedens oiiice; did
not notice the date on the certificate. ..,
| E. X. Willard, stockbrOker, was called and testi-
fed that on the 9th OF March, In Mr.. Bedens olce,
he was witness to the execution OF transfers OF Erie
STOCK to the amount Of one or two hundred certil-
Gates; the certificates fresh and clean looking;
the transfers were made in the name OF Fisk Belden
| d Co.
s. W. Lapsley, stock broker, was next examined
and testified that on the 9th OF March he made sales
OF or II 600 shares of Erie stock; sold one lot
Horatio N. OTIS Secretary Of the Erie Railway
| Company, was examined at great length. Witness
after an injunction had been served him on the
81 or 4th of March at the companys otice; the num-
had already signed by the Vice Presidents they
were filed up in the names of Fisk, Belden 4 Co.,
and and Smith Gould Martin 4 Co.; the certificates
Hilton, the transfer clerk afterwards took them
out OF the office, on the same day; he came
from him; he said that Mr. Fisk had taken them and
run of with them Mr.. Hilton said this occurred in
the adjoining room, the presidents room; witness
looked for Mr. Fisk, but could not find him. had seen
| Messrs Davis Diven, Fisk, Gould, Lane, Skidmore,
| thomson and Drew there that day at meeting o.
| the board OF directors.
Mr. Willard was recalled to identify one Of the GER
thcates but failed to do so conclusively said 1t re-
Sembed them In general appearance
MIR. OTIS examination was then resumed. Witness
was asked whether he knew that certain resolutions
Committee were adopted at the meeting Of the board
| of directors and who voted for them or against
them. No further important testimony was elected
Mr.. Field said that he had reason for asking the
court this morning to allow him to see the orders OF
commitment, but on looking over them he saw that
| the court had adjudged that Mr.. Beden was not
bound by the injunction If that was 80 Mr. Belden
would not object to answer the questions
Judge Barnard said that, In view OF the trouble Mr..
Beden had given, he did not know whether he would
discharge the commitments yet or not.
| Mr.. Field replied-very WE'LL Sir. Mr.. Belden Is
ready, however, to answer the questions now.
recess Of fifteen minutes was then taken, and on
the reassembng of the court the examination Of the
witness n'ipued.
Mr.. Martin, OF the firm of Smith, Gould, Martin
Co.,, examined, testified as follows:-I carry on
the business OF stOckbroker at No. IL Broad street;
| the firm Of which l am q member consists of H. N.
| Smith, Jay Could myself and j. b. Bates Mr.. Jay
Gould Is one OF the directors OF the Erie Railway
Company.
q: Was your firm short of Erie stock about the 1st
| Of March last' A. No, sir.
Q. Were you on the nth OF Marchs A. No, sir;
do not understand your question.
lasss & Was your firm short Of Erie stock in March
Mr. Field-I object. The question has no relevancy
Judge Barnard-It makes no difference whether the
firm was short or not.
Mr. Clark-Except that it bears on the point Of the
parties disobedence to your HOnOrs Injunction
O. Did you sell any Erie stock on the 18th OF March
Mr.. Field objected unless it was the particular
stock In question: and 1t contrary to the rule laid
down to inquire into private AFFAIRS
After some discussion on the point taken the exam
nation was resumed and the question was omitted.
O. Did you sell any Erie stock on the 7th MarchS
A. Not TO my recollection.
O. Did you on the 9th March, by your nrm or
through Others, sell any Erie Railway stock3
n Mr. Field on the ground that i was not
A. Our firm did not sell any railway stock on the
9th March to the best OF my recollection. and give
the same answer as to the 10th March; we may have
received some Erie stock the 9th or 10th March;
we have book in which the records Of our stock
are kept that book is in the custody Of the stock
clerk.
O. Can you state how much stock you may have
recevedP A. We may have received some hundreds
or some thousands don't know the exact amount,
nor could go near 1t without seeing the 5ooS; tne
partners . DO not always have knowledge OF the re-
O. Look at that signature in that book (produced,
and state In whose handwriting 1t isS A. 1t appears
| to be Mr.. Smiths handwriting.
O. State whether the stock referred to in that re-
| ceipt was or was not received by your drm on the
/ 9th of March or on some other dayS (No answer.)
Mr.. Clark asked the court to compel the witness
| 70 answer
| Judge Barnard-AnSwer the question. III Is nlgn
| time that this should stop.
| Answer-leS.
| y.
Smith, at our ofce, between twelve and one O'Clock;
| do not know for whose account We received 1t;
| signed the stock and delivered 1t to Mr.. Smith.
q. DO your books show what disposition was made
| of that stock? mo answer(.
Mr.. Clark submitted there was an intended reti-
| cence on the part of the witness.
Judge-Unless he answers the question will COM
nit him.
| Hatch; | don't know, nor have l any means OF
ascertaining, how much.
o. For what purpose did you deliver that stock to
1 Mr. A To
D gst any o oad IAe Mr. mGaey s% had
| the charge OF that business.
o. Is that an authorized signature TO the receipt
A. Mr.. Smith had authority, Is member Of the nrm
O. on whose account did you receive those certiH-
catesS A. was attending to other business in the
oIfice that day.
| The Court-That is not an answer.
q. Was your business on that day So great that q
| transaction of two millions could escape your mem-
D. weu, tren state for whose and what account
did you receive that stock A. received It from
| Mr. smith.
| o. Where was Gould on that days A. In Jersey
| City, suppose; don't know where he was
| u. Did YOU know what that stock when you
| received t. for whom issued and how issued *. |
did not; the 25 900 shares OF stock were not In pos
session, TO my knowledge, OF the firm ON the 'th or
U. was the stock present 10 your frmS 4. Not
| TO my knowledge.
| q. Was il received on the account OF Gould or
| SMITH A. Not to my knowledge.
q. How much stock did YOU deliver TO SMITH A..
| Those ctftinCaies.
| q. Did YOU pay the money realized by the sale OF
| those stocks by checkI A. Not to my recollection.
U. How did you pay itS A. We didn't pay It by
| our own checks.
q. why do the Eric Company issue this stock TO
yo1f A. don't know; the certificate numbered
| d. as was signed by me.
| q. Did YOU sign the other transfers. A. | did; i
signed them Tor delivery for our own account sup
| pose; don't know ON whose account; made no
| inquiry.
q. Did YOU or did YOU not know that at the time
you received the stock and signed the anslers Tor II
that u had been issued in violation OF tie injunction
| A. No.
q. Di YOU ON that day apply 10 any person; II so,
70 whOa. To come 10 your Oice anu 10 become SUD
scrbiug witness to certain certificates OF stock OF the
| Ere dated March !, 1862 A. | can't say whether
sent Tor any not; requested Mr.. Mark Hamii.
| tom 10 become a witness to some certificates, which
he declined 10 do: soon after saw Mr. Wllam anu
aske,i him TO become witness, which he did.