The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-05-02

Wtzf0m n Shtdnsors, " q 1nacvQe Dapfs an
Henry TAonspsow, Dtvectors Of ne A5s Rad
soov 00mpanv.-The examination Of witnesse
IN the cases q the above named par
tes who are charged with violating al
Injunction In the sut Of Richard Schell vs. the Erie
Railway Company and others, in issuing $40 ooo ooo
worth Of stock Of the company about the stn o.
March last, was resumed yesterday.
The court room was crowded and large array Of
counsel were present on each side, among others
William Fullerton, A. J. Vanderpoei Henry H.
Davies, Horace r. Clark for the people, and Messrs
David Dudley Field, Dudley Field, John K. Porter
and others for the defence.
TESTIMONY OF WILLIAM BELDEN
william Belden was recalled to complete hiS ex.
animation OF the previous day. and testified that he did
sSs t bne the suit il which he charged Cornelius
| Vanderbilt, James II. Bancker, Judge Barnard and
KIN SSSSs n
plaiut were In the hands OF bona Nde holders, who
desired to convert them into stock; witness owned
pany at the time the suit was brought;
never applied for its conversion; could not tell
srous Of stocf Witness
produce the bond he owned In court and would do
SO; did not remember where or from whom he bought
ever persons owned the bonds to have them con-
verted did not direct his attorneys or counsel as
e sss S
Drew owned large number Of convertible Erie
bonds which he desired to sell.
that complaint in which 1t Is stated that as plain
TIN Is informed and believes combination was en-
tered t into some time IN the month Of February,
1858, between Cornelius Vanderbilt, Richard Schell
James h. Bancker, George G. Barnard"-
Judge Barnard fnterruptingE Hold on, Mr.. Clark
Leave me ont; leave Mr. Barnard out.
Mr.. Clark-Yes sir. To witness-And that CONSUL
tat0ns for the purpose Of aectng the price Of Erie
stock were had BY them: Was that true SIR Were
to that question IT, that the facts as stated In that
paragraph were upon Information and belief; be-.
WSe a. 'ne r r fso 70 s d :r
is what we want to get att
Witness hesitated, and this question was repeated
him the question being twisted into every conceiva-
BILE form OF phraseoogy that could convey the mean
elusive reply ELECTED was that witness could not state
any. precise place at which the consultations were
Q. Can you state the name Of the person who gave
you the Information upon which you made that
charger A. can, SIR.
Q. win you state its witness turned to Judge
Judge Barnard said-The court IL prepared to have
you state anything that malice scandal or vindctive-
lengthy discussion ensued as to the propriety Of
witness answering the question, at the close Of
Judge Barnard stated that he had not ruled ont this
question simply because he wanted to find out he
was unit to occupy seat on the bench. II he was
engaged IN any conspiracy he did not think he was
Mr.. Field claimed that If It was gone into they
were to 60 into the whole Of It.
Judge Barnard replied certainly
Mr.. Field-If we are to go into it, sir, we shall
open the door to what has been already ruled out
Judge Barnard-It is put in evidence, SIR, because
this article In the North american Repieu exhibit
ing copy Of that periodically was written by clerk
IN your office about me, and desire to know some
thing more about 1t.
Mr.. Fleld-That is new question in the case, sir
and don't NEEDLE with things that do not concern
me: II there is any inquiry as to what has been
written In any book suppose the writer can ex-
Sa e 60 the mt where
day.
Judge Barnard-Not by me- sir.
Mr.. Field-Oh, yes, sir.
Judge Barnard-Do you tell me it was ruled out
when say "NOr
we can appeal to the stenographer's report. OF
course am entitled to my own belief I simply de-
sire 1t TO be understood that want rule that shall
be for our guidance in this case.
ExJudge Davie thought there was some skill In this
idea OF getting rulings for guidance. The witness
stated that he could give the names Of these persons
and now he was asked to give them and that was
all that was wanted.
Mr.. Clark said that charged az he was with the ref
spOnsbility Of seeking from this witness the
the person who communicated to him this informa,
ton, which he believed was calumniOus and false
he had only say he hoped the witness had received
the Information, and hoped that he believed II. He
only expected responsive answers TO such questions
as he or his associates might see 1t to put witness
could II not restrained In his answers tell string
Of calumnies that they could have opportunity OF
contradctfng. The question now simply related to
the name OF the person who gave witness the nfor-
nation upon which these charges were founded
Judge Barnard after some further discussion by
counsel, put the question In the following f0rm:-
ton that these men were engaged in conspiracy
A. had Information of this from various sources.
Judge Barnard-Answer the question, sir; give the
name Of the person. A. Well, sir, think was told
that these gentlemen met at
Q. No, no, sir; the question asks for the name. "a
long pause.l A. don't think that any one person
Q. BY Mr.. Cark--wm you give US the names Of
that person or persons, II more than one gave you
this informationY A. What you say includes great
many questions.
Q. No sir. 1 ask you for the name or names Of the
can certainly give the name Of one, and will then
ask the names OF the others as certainly as liver "a
long long pause. A; cannot remember the name at
gentlemen had met at the Manhattan Club but L
Mr.. Clark-That is not an answer to my question.
Mr.. Field wanted to know II 1t was proper for
counsel 10 interrupt witness when he was going on
~ answer
Mr.. Clark claimed it was proper if the answer was
irresponsible.
wtness--No one person told me all this, and 1t is
necessary for me to particuarize.
O. Can you give the name OF any Of those PERSONS
A. II you desire 1t, sir, will explain in few words
the whole matter.
Judge Barnard to witnessl-Name all the persons
who told you OF II. A. could not do that; got q
part OF 1t from the newspapers.
BY Mr.. Fullerton-Name one OF the men who
told y0u, any one OF them. "a pause) What Ii the
answer to the question: "a pause.) A. II Is such
rambling question, sir that l have to think. IAN
other long pause.)
Q. VIII you answer the question: A. think
WILL sir. In a very few moments
Mr.. Fullerton (earnesly)-Give us the name. sir Of
any human being that gave you any part OF that In
formation. Give US the name.
Mr.. Fullerton ITO the court)-will you instruct the
witness TO answer
Judge Barnard-He IL allowed one minute 10
swer; am timing him by my watch.
Witness latter long pausel-l received part OF
that information from what TRANSFERRED; speak OF
what actually took place: speak OF the process of
the courts; would like to understand the question
better.
Mr.. Fullerton--Well, sir, will crafty you. Who
told you that these persons named were using the
process OF the courts for the purpose OF aiding their
specuatons9 "a pause). A. Well, sir. think n
part of that Information had from my partner,