New-York tribune., 1868-04-06
THE ERIE BATTLE.

In the Courts the Erie war has settled down
into formal campaign almost mere siege. Saturday
TO have been great day on the original progranme
all the important motions pending in this Judicial DIS
rict being set for that day before Judge barnard Dut
when they came up they were all deferred Tor week
except the attachment proceedings against the last
served director. Mr. Gould. Even IN this matter II was
suggested that except as to 6a r Gould Deng & hea IN 10
$4,000 and the Others in sloo the proceedings 3d h
the course IN the other cases Judge bafnaid
sand that owing to ms eneagelnehts se cGase ., ~o,i %
be ncOnvenlent and after some shap spdrtns VI eOu
sci, the matter laid over 10 p m furter altaCh
ments issued against Messrs FISK and Edrdge the
two directors who not yet been served and these
two returnable on Saturday ,,
At m the counsel on both sides were In full array
Horace f. Clark Mr. Rapallo, ex-Judge Davies, Mr.: A.
G. Brown and Mr.. Vanderpoel on the EanderDt s1e'
and Messrs Field James T. brady Lq"us rr hspe
Burrl, and Mr. LOwTey, on the other Ihe mater was
called up by MI Horace Clark who SAID that as tne me
interrogatores were filed he proposed to proceed lie
then read the first interrogatory and waited Judge
Barnard asked there were any answers recelyng no
second nterrogatory That being read, Judge Barnard
said-Is there any answer to that
Mr.. Clarke-NO, SIR. o..
Mr. Feld-what does all this colloquy mean I don't
understand the dialogue going on between the court anu
counsel What interrogatories are these
Judge Barnard-Have you proof OF service Of these
nterrOgat0ries on Mt Gould 49,, ,,,,.
Mr. Clarke read an affidavit Of service Oh Mr. GOulds
Mr Feld-Does any one suppose such service is good
for anythmgi The Court aware OF the voumnoushess
OF this mass Of papers Can be supposed that answers
be made In two hoursf inform the Court that our
client has not OF these nterOgatores and his
counsel have not had time TO examine thes We ask Du
reasonable time Why this unusual and indecent master
The Court may have for this haste We do not
know them And it cannot be forgotten that TINS ls the
Courts action counsel on the othef size nave MOI
pressed IT, We ask fav0rs but IN the language VI the
statute we demand reasonable time.
Mr.. Clark replied that Mfr. Gould had openly violated
the INDUCTION OF the Court and the Court could and should
proceed at once. . A. , +,
proceeded 10 readrom Revised Statutes commenting
on IL as he proceeded 20 show that the Court had no
power proceed without allowing the defendant reason
able time 10 answer.
Judge Barnard-From what page are you readingi
Mr. Perrepont-FrOm page 4s2.
Judge Barnard-You Will find the law for this case ON
page 40 ,..., -
Mr. Pierrepont turned 10 that page and read IL through
but unable to md the clause.
Judge Barnard tafter examining the b0ok-seetOn9 y
subdivision IL Ia the statute refer 10.
Mr. PierrepOnt pointed out that II was inappcable.
Mr. Brady 10 Judge PieTTepOnt Perhaps Judge ne you
are unable TO find it the other side can point 1t out
Mr. Horace h. Clark-Wc rely on page asa.
Judge Picrrepont further argued that the defendant
Gould had been in Court at ii n m, and was IN the
snerifrs custody that time and down 70 p. m and
cond easv have found had they seen ut TO serve
him They stood here In court o Justice, and ordinarily
In court Of justice asked for equity. After some dis
Judge Barnard consented that the go ~ Tues
day next the answers TO the TO be ned on
Monday.
Mr. Field objected that this giving no time what
ever and the case was put 10 Wednesday the de
defendant Gould 20 give surety In $4,000
A long discussion followed as TO whether Mr. Gould.
~ give security, but Judge Barnard adhered TO his
determination The battle wae then transferred 10 the
Court OF Common Pleas.
IN THE COURT OF COMMON PLEAS.
A writ of habeas corpus was issued by Judge
Barrett of the Court OF Common Pleas, TO compel the
Sheriff TO produce Mr. Gould which writ was returnable
ut The Sheriff having produced him, his counsel
claimed that there was no legal writ under Wich ne was
while Mr. Gould transferred to the custody Of the Com
mon Pleas.