The New York herald., 1868-04-10


the court, the parties should make afdayits before
suitable person as referee and thai upon their
being brought into court such portions Of the test
Gould would be considered and those not relevant
would be disregarded and thrown aside. 49,
Mr.. Pierrep0nt wished to know what disposition
would be made OF the testimony already taken
The C0urt-The testimony that was taken OF
!udge Hasxin Yesterday was TO use .ne aaguage n
daous and should be stricken out as marx OF re-
spect for the court.
Mr.. PterrepOnt inquired whether the WnOle OF IL
was to be stricken out.
Judge Barnard-Yes, the whole OF 1t.
MI. Clark thought they were entitled 70 sucA por-
ti0ns OF the testimony as were relevant.
Mr.. Pierrepont said that as they had gone on tax
ing some testimony-the testimony OF Mr.. Edwards.
for instance-he wished to know whether his Honor
would make any order In reference to that.
Judge Barnard-If the counsel appearing for the
people desired to examine Mr. Edwards on affidavit
they could do so, the same as the other witnesses.
Mr.. Perrepont asked what was TO be done with
the testimony already taken; was II TO be wastedi
Judge Barnard-It Will be stricken out, not wasted.
Mr.. PierrepOnt wished to know whether the court
declined to let them 60 on with the examination Of
Mr.. Dudley Field.
Judge Barnard-Yes sir, I do.
Mr.. PierrepOnt said that on the examination OF
Mr. Haskn yesterday hat gentleman mad estlsd h
tween himself and Mr.. Dudley Field, and he thought
it would be only proper that Mr. Field should have
the same opportunity of making his public state
ment Of that affair as had been given to Mr. Haskin,
and they were entitled to that as matter OF right
Mr.. Clark regretted that Mr.. Field was not to be
allowed to go on the witness stand as he desired as
earnestly as Mr Pierrepqnt ala to have the oppor-
Mr.. Pierrepont said that was what he wanted.
Judge Barnard stated that that was what he did
during the day in the other court room, and did not
intend to sit here to crafty mpertnent curiosity
witness to ask SIKH him no q questions that were not ree-
want to the contempt case. There had been te5ti-
mony adduced on that examination which was scan
daOus but he had not brought 1t out and was not
responsible for it. All that remained to be done now
was that his Honor should appoint some honorable,
high minded man, against whom each party should
have no objection before whom this examination
could be had 30 that either party might have the
right to an eI parte examination. He thought Mr.
Brady and himself could agree upon some such suit
able person referee.
Judge Barnard said examination Of the par
ties before referee was not necessary, until such
time as the witness refused to give his testimony.
In regard to the examination OF Mr.. Field, he (Mr.
Field could make his ailldavlt er pare and would
have the same publicity given to his testimony as
had been given to That taken yesterday
Mr.. Brady said he appeared this afternoon exclu-
sivey to attend to the examination Of Mr.. Field or
course he had had no notice on his side OF the case
that there had been any conference between his Honor
and other eminent gentlemen as to what, course
should be taken. He had come to take charge Of
Mr.. Fields case, and as regards whatever had
happened he took the whole responsibility Of it. 1t
belonged to him exclusively-every question, every
suggestion, as 1t would also belong to him hereafter
He simply asked now that Mr. Field have the oppor-
Mr.. Clark, in reply, said that he would give Mr.,
Brady a promise that If he lived he (Mr. Brady
TSHa Fsa before sSs raTes they coud agree
upon a gentleman who should be acceptable,
and concluded by asking the court that an
order be entered which would enable them to
secure the attendance Of Mr.. Jay Gould on the
examination to be had, or he might not be in Gus
tody when required for the purposes Of the case.
One Of the judges OF the Court Of Common Pleas had
issued writ OF habeas corpus requiring cause to be
vlavA CAM uhn hn bald IN hnit md
after having him brought before the court had him
committed to the custody OF an officer Of the Court
Gould did not appear before that court yesterday
the hearing Of that Case but was reported to be In
Albany. He merely desired, 80 far as he was con-
cerned, that nothing should be wanting to compel
the parties to answer for this extraordinary effort to
bring into contempt the administration Of justice in
this great State.
Judge Barnard, in reply to Mr.. Field, who asked
for the appointment OF a referee said that he had
made the only order in the case he would make TO-:
day, and that the matter would now stand adjourned
until Thursday next at three O'Clock 2. M.
The crier adjourned the court, and the large land
largely disappointed) audience withdrew.
The Dissolution of the Erie Injuncti0ns to be
Argued To-Day.
Before Judge Sutherland.
Richard ScheH Us. The Erie Rait,cav Company ct
al, Gc.-A number OF motions In the Erie litigation
the calendar OF this court yesterday, and on
this case being called Mr.. Dudley Field answered
"Ready for the notion"
Mr.. VanderpOe, who appeared on behalf OF the
Vanderbilt party, stated that he was not prepared to
proceed owing to the absence of OF the counsel
associated with him, Mr.. Fullerton being then en-
gagged in trying case ut the Circuit, and he wished
to know whether his Honor would reach this case
In its regular order.
Mr.. Field said he understood there were about six
teen counsel engaged on Mr.. Vanderpoes side OF the
case and he did not think that the absence OF one OF
them was reason why the case should be adjourned.
Judge sutherland said the case then before him,
and which was unfinished from the preceding day,
would occupy about two hours, and that another
case was ready which would occupy the remainder
Of the day.
Mr.. Field asked that the motions might be set down
for to-day, when Mr.. Nanderpoel desired to know
whether the court intended TO sit on Good Friday.
The court said that Judge lngraham had said that
Chambers was sometimes held on Good Friday, but
he could not tell whether such holding of court
ferred to litigated notions
After little further cooquial exercise In which
illusions made TO the court over which Pontius
PLATE presided on the day Of which this ls the ami
versary the motions placed the calendar for