The New York herald., 1868-03-31


diso0eying an injunction issued by Judge Barnard,
one OF the justices Of this court that ne requested
ocer said he uo" tnd No, see so n sh anonan s
10 see any one, but to take this deponent directly to
JAIL ne said after some further conversation, that
might perhaps x so that he would not have to take
deponent 10 jail; dep0nent asked him how; he
said he supposed deponent knew; deponent told him
n ne ne W. wanted some money; that ne was
him and pay him literally for his trouble; he asked
me how much; deponent asked him how much he
wanted; he asked depOnent what he said to 1000;
dep0nent was indignant at such o proposition
and told the oicer he would go with him; the oicer
and perhans coa Il with m bm be
then went with deponent TO the Hoffman House,
where, after some time and through the interference
OF friends, this deponent was allowed by Deputy
sheriff Banker TO go at large on his parole not to
leave the city and TO be In the day and hour
hxed In the attachment; and further thus deponent
Subscribed and sworn to, the 18th day OF March,
1868, before me, MORTIMER SMITH, Notary Public
AFFIDAVIT OF JAMES MULLIGAN.
SUPREME C0URr.--The Erie Raii,oay Company
aew a an ana % oss rae E Ere qeaG Rasas
Company ana James y. whitney US. Cornelius yam
derbM and Othe's.-City and county OF Ne,c york.
James Mulgan, being sworn, saith:-I reside In the
city OF New York; on the evening OF Friday, March
Is, 1885, shortly after nine O'Clock, man go to
the house of George G.. Barnard No. 23 West Twenty
first street. in this city where he remained for about
half an hour, after which saw him come out of said
house In company with another man and go into No
"
short time and then came out; have since had
George A. Osgo0d pointed out to me and recognize
him az the man first aforesaid. - -
Sworn, March %, 1865, before me, W. H. MORGAN,
Notary Public.
AFFIDAVIT OF r. PEIRsoN.
SUPREME C0uRT.-The Erie Rnarav Co1apdnyand
James s. Whitney Us. Cornelius Vanderbilt ana
Others-Cfty and county OF Neac York; Peirson.
being sworn, saith:--That on the 10th day or March,
Instant he saw gang OF disorderly characters, CON-
monty known as 'roughsn go upon the ferryboat
uvh iph va IN I'm Innu nor af Iarra hat
they were conversing together about Mr. Drew and
Mr.. Fisk, and said they intended to 'copp" one or
both OF them, meaning thereby that they would take
them by force to New York; that 1t was currently re-
ported In the street that $50 900 had been offered IL
they would accomplish that purpose: that after
wards, later In the same evening, he traced man
whom he recognized AZ man he saw going with said
roughs TO Jersey City, and who appeared to be their
Barnard, No. % West Twenty first street. New York
city, which he entered and there disappeared from
sworn, March 10, 1865, before me, W. ii. MORGAN,
Notary Public.
AFFIDAVIT OF THOMAS A. ROWLAND.
SUPREME COrRT.-7he Erie Rdil,Cdy Company and
James FISK, Jr, rs. Marshall b. Chanplain ana
Ohers.-The Erie Raa,cdv Company ana james
Ftsk, NJ, rs. Cornelius raaderbn ana Others.-Citv
and county or New York.-Thomas A. Rowland,
being sworn, saith-
. l. know Fowler, osgood Co., OF IS Broad street,
New York.
2. The said Fowler. Osgood 4 Co. have been, for a
considerable tine past engaged In buying and sell
ing the stock OF the Erie Railway Company.
g. George g. Barnard has, within the same time,
been frequently at the ONCE OF the said Fowler Os-
good Co., as deponent is informed and believes.
L. II is matter Of common repute In the stock
market that the said Barnard is interested in the
specuations IN Erie stock which have been going
during the last month.
s. 1t is also commonly rcputed that among the per.
sons engaged In said specnlations besides the said
Barnard. are Cornelius Vanderbilt, Richard Sclell,
Augustus Schel, James II. Bancker and Frank
Work.
g. 1t is further commonly reputed that said Fowler.
Osgood Co. are engaged In buying and selling the
Y In IN .fnVa0 a0afI
w ''' I. A. ROWLAND.
sworn, March q, 1865 before me, w. H. MORGAN,
Notary Pubic.
AFFIDAVIT OF II. !. HErscH.
SUPREME CouRT-The Erie Raa,rdv Company ana
james FISK, Jr., u.s. Marshall X. Chdfaptdin dnd
whitney Us. Cornelius Vdnderbin and Othas.-Csty
and county Ql NeU ForE-H J. Heisch, being sworn,
safth:-That hereto annexed Is an extract from an
article published on the 9th Of March, ises in the
Lreatng Telegram, daily newspaper OF the city OF
New York.
Erie, after selling down 10 Ilx early In the morn
ing, advanced TO 74'., and there has been good
Barnard l. disgused, 1t is said with Judge Balcoms
interference, and he y IN close confab with
George Osgood and others Of the Vanderbilt
party In Wall street daily. The Injunction
farce IL source OF much amusement 10 all
lookers-on and the street Is afraid to either buy
sell Erie In the midst OF so much litigation. The
calls up Ave per cent deposits from sellers In order
10 create the Impression that the price IL TO be jump
III.
bank hours at six per cent aud In some cases loans
sworn March "a 1868, before me- W. II. MORGAN,
Notary Public.
NEW YORK SUPREME CoURr.-The Erie Raf',ooy
Company ana Fisk u.s. Marshall y. ChdUDidin.
the Erie Rait,roy company ami Whitney rs. or.
netius vdsde'bfu and 0thers.-Thomas A. Bancker,
being first sworn and examined testified
o. what II your businesss A. Deputy Sherin.
d. Were the attachments issued In this deliv-
cred TO you for service upon Alexander s. Diven and
o. when and by whoms A. March L. and by Mr..
Brown, connected with the firm OF Rapallo Spen-
o. what did You do with thems A. had them
entered on the books and went to serve them.
q. Did you take any one with you, and II so whom
A. / took Michael y. Purcell, John Mclaughlin, Will
liam Darling that IL all took with me, though
made an appointment with Patrick McCanrey and
byron Morrisscy 10 meet me thai evening, In case
required them.
q. Where were they to meet yous A. AT the Hon.
man House.
should not be len alone with his counselS A.
gave no directions with regard TO Mr.. Diven's coun-
sell as did not anticipate he would have any coun.
o. Did you give any directions about his being le,
with anybody A. MY directions were that he should
be Kept In custody until came.
q. 10 be where kepts A. Iu the vicinity OF the
HOFFMAN House.
o. Where were YOU at the times A. was at
several places; | was at the Americas Club, corner
seventeenth street and broadway, looking for Mr..
Fisk aud looking for Mr.. Gould nj the 81. James
Hotel was also at the Fifth Avenue Hotel looking
for Mr.. Fisk
q. We're you AT any other place that evenings A.
Yes SIR at Madison avenue looking for Mr.. Fisk.
u Anywhere else A. At Mr. Drews house.
q After Purcell made the arrest did he 20 for YOU
A. lie FIRST sent Mr. McCarrey and Mr. Mclaughlin 10
look for me, and then came himself.
O. Where did he nnd your A. on my way from
the Fiftn Avenue Hotel up TO the Holman House.
q. when did you report Mr. piven's arrest 10
Judge Barnardf A. Immediately after | paroled
him.
y. What O'Clock in the evening was thats A. I
think II was In the neighborhood of nine O'Clock.
q. Did you Ind him at his house A. did.
q. was any one with himi A. No, sir; on one.
q. What did you say TO himf A. said had ar.
rested one of the defendants Mr. Diven, and paroed
him upon the promise OF counsel to produce htm At
my onice on the return morning