New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-04-24
NETWORK DAILY TRIBUNE. FRIDAY, APRII. "a, 1863.

name Endorsed as counsel the back was a mistake
he Witness S aid not then know the amort Of
issued, but believed II 10 be millions
Tie Court told counsel ior piahtins that their case
must be finished that day
ross-examned by Mr.. PieTepont:
A question as to whether the Bclden suit was brought
in bad faith overrued by the Court, tho Cour. hold
ing that the proper place IOr an tnat was before e
question OF contempt The examination should be con-
fined TO q very small compass
Mr. Perrepont desired to by this witness that the
suit brought in good faith and that the allegations
made i'm bringing IL were believed to be true.
This proposal was argned against ut length by Messrs
Fullerton Davies, ana ozark.
The Court remarked that upon the adjournment Of the
court which would be made to-day, after the closing of
the for the people the counsel would have time To
examine witnesses pdre their Offices and then bring
it into the court upon us reassembhg some time next
week. ,, -. =. -. - a.. 10
knew of ms knowledge relative 10 the obtaining of that IN
Junction know OF the drawing OF the complaint and
the returning OF inc JuhctlO JhaJ is All KNOW vi NY
@. Was the information communicated to you upon
which the bill was drawn believed TO be true ObJecteu
to and ruled ont.
O. viii you state any facts you know of the prepare
the bill The witness replied the facts were lac drew the
the complaint Mr. Field left Che office before 1t was con-
Further objection was raised to this line Of crossexam
nation.
had been assured that his faith not inrngned INC
same had not been said of the counsel associated WIN
him. lie wished to show that they had acted IN sOod
faith. aud they surely had right to rcpcl the charge
which had been so iterated against them.
regarding the good faith Of the suit. have nothing To
do with that; ana in regard TO the belief Of the witness
that is now being made the subject of criminal iuyest
CATION elsewhere as TO whether 1t constituted perjury
1t is not necessary TO try that here
Wtness-Mr BurTill had nothing to do with that case
till much later; don't know about Judge Porter thnk
else but the younger Mr. Field and Mr.. Jcnckes
Mr.. Field offered 10 read written propositions To snow
what they proposed 10 show by the witness viz to show
that the injunction from Judge Gilbert was obtained IN
good faith by attorney, counsel, and plaintiff that tho
charges were believed by all the persons lac had men
toned he wclfoundcd and that the information was
credible, on which prudent person might rely.
Mr. Fullerton objected, that Mr.. Fields propositions
were made In bad fa aud were adroty Trained 10 Ill
clude than the oral offer
The Court directed counsel TO write out their questions,
and they will he decided on their merits.
O. Was not the Injunction granted by Judge Gil
bert procured in good faith not only by yourself but by
This and several other questions in conformity with
Mr. Fields's offer, were ruled out Mr. David GiOesDeck
being swOrn testified lie had known Drew for p years;
knew Dyen Eldridge, Davis, Gould and Fisk; witness
had purchased, Feb ~ sjOOOO OF bonds at 2 from Mr.
Drew, who stated they were convertible into stock;
bought them on his own account, on Drews guaranty
against loss the profits had there been any would nave
parties Mr. Drcw request; lie remembered hearing
on the street from % to II; O. d. Ashley was the pui
gone 10 the Fifth Avenue Hotel and Drew's house
with Mr.. Greene ON the night Of the 18th OF March,
there lie described am affidavit winch had been read To
Greene aud the b-ofsae, which specified that the
bonds were in the possession Of ms GroesbecIh,'l
agreement was completed, but no could not say It
Wis then signed. When the affidavit was read to Mr.
Greene Greene asked him into the hail. and said him
that the affidavit contained things ne knew nothing about
and e would rather not go on VITA the transaction lie
then called Mr. Drew and told him Mr. Greene did not
want 20 with the transaction. Then, at Mr.. Drew'5
request. and found another party o. d. Ashley and
brought him to the house witness made no explanations
10 Ashley before he Drew Mr.. Drew said: Il want
10 sell You sOOOOOO Of Erie convertible bonds, at H."
M dFe Asy at f4 that not pr 9c SGi Sc
you understand that l viii hold you harmless
from loss" Mr. Field then produced the bill Of
sale previously shown Mr.. Greene; the bill Of sale en-
braccd order GTOcsbcck Co., which specified that
Ashley should pay 5000 down Ashley said hc presumed
Monday morning would be time enough for the payment
OF the money Mr. Drew said certainly; nothing said
the document about the payment OF the balance; Ash
ley was TO 10 the Witness Office Monday and
nav the IS 900 down: he did so witness took the bonds
naud note for the balance Mr. Ashley signed such a
for $4,000: that the day OF tho heavy trans
pay the nOtc az Mr.. Fields he heard Mr. Gould
the stock certificates were ready; that not re-
pcaed after Ashley In Ashley had not taken up
his note, nor paid any money on account Of ~ witness
had handed the bonds aud to MI Drew the 10th
Of March, Drew told witness he sold those bonds to j.
Fisk jTi that Fisk surrendered them To The Company ana
therefor $4,000 shares Of stock; that Heath co.
had sold most Of that stock witness had all the proceeds
him a certified check OF Fisk * CO. for S3.6g5OC0 the
Tenth National Bank. which he said the proceeds Of
the sale of that stock, and witness handed back 10 him.
witness bad any Of the certificates Of the last
issue.
ness 72 10y ur. Drew as treasurer who guaranteed
The testimony as to the first s5OOOOO was objected to
as nmateri it having been issued before TIE uj;nc-
lion was granted Judge Porter urged its relevancy as
the Court had animated the fines might bc 100000.
Objection sustained.
The witness was further examined as TO what
occurred at Mr. Fields house and substantially repeated
bis direct examination. Witness did not know whether
Mr.. Ashley made aidaylt at Mr.. Fields house he
could not swear to Drew's signature.
The Court then adjourned TO Wednesday the 29th, at II
q, III.