The New York herald., 1868-04-08
SUPREME CovRT-CnAMBeRS.

Case Before q Refcree-COntinuatiOn OIL the
Examination Of Mr.. Otis, Secretary Of the
Company.
The examination before Mr.. John D. Haskin, the
yeferee to whom the Gould contempt feature Of this
long and varlousy litigated was referred, was
resumed yesterday
M Horatio n Otis recalled and in reply to Mr.
Vanderpoel, counsel testified as follows:-
Q. When Hilton told you OF the disappearance OF
the certificates in the manner you have detailed,
where did you go to and what did you dor A.
searched for Mr.. Fisk In the same building; then
came across to No. IL Pine street, did not find him.
on this Monday came across this side of the town
TO attend the Sergeantat-Arms on the committee Of
the Senate; was not examined.
@ Which room ut $50 West street did yOu go into
70 search for Mr.. Fisk9 A. went into the directors
room, as the transfer clerk informed me he saw Mr.
Fisk going that way.
Q. What other rOoms2 A. went into the Pres-
DENTS room; looked into the Executive Committee
and Mr.. Thompson's room; did not find Mr. Fisk.
Q. After you learned that the book had been taken
did you see any directors before you came over with
the Sergeant-at>Armsp A. 1 don't remember; L
think not.
A. Did you go into Mr.. Davis room intermediate
TO the report made to you by Mr.. Hilton and your
coming over with the Sergeant-atArmss A. No.
sir, not to my knowledge.
d. Did you see any OF the directors at the Senate
investigating committee that dayY don't recollect
o. Give us your best recollection on that subject
A. have no recollection on the subject.
Q. When did you first mention to any member OF
the Board Of Directors what first reported 10 you
by Mr. Hilton as to the disappearance OF the boOks9
A. Think 1t was the same day that spoke to the
Of the directors about it; didn't see any other
directors that day, to the best OF my recollection
g. you had seen any other Of the the directors u, % on
1ect? A: would il had seen any Of the directors
q. What did the President say when You spoke to
AimS A. That's all right" or words to that effect.
Q. What else did he sayf A. Nothing on that sub
Q. What else did you soy In that conversations A.
said anything it was in regard to the general bus
ness Of the office.
o. Can you furnish COPY of the resolutions passed
BY the Board OF Directors of the Erie Railway Com
pany the meeting Of the Board the 9th of March,
1SoS? A. can furnish copy.
Q. Did you keep minutes OF the meeting OF the
Board on that day? A. Yes.
o Are those minutes under your control nows A.
q. We're any resolutions passed on that day other
than the four to which your attention has been called
and OF which you will furnish cOpiesY A. don't
O. Did the Board Of Directors on the 9th Of March,
company, signed John o. Eldridge, President? A.
The report OF the Executive Committee was read TO
hy the president, the next day; there was no action
ny the Board ordering such report to be printed TO
best Of my yo0 lee iSn an9us there might
Q. Did the first resolution In the paper hereunto
\ annexed, marked A, approve and ratify the report
70 which you referredp A. 1t referred to that
| report OF the Executive Committee which appeared
! in the papers the next day.
70 In that first resolution annexed to your depos
nOnsS A. l will, sir.
uifteef A. Messrs Eldredge Thompson, Gould and
Davis, Mr.. Drew member OF the committee,
a DO you know the firm Of Fisk, Beldon q Cor
A. + have heard OF the existence OF such trm.
Q. Was James Fisk, r., member OF that nrmf
A. I have no knowledge on the subject.
o.. How long have you known OF the existence Of
that frma A. Ihave known Of the existence OF that
I on the res stock pss'SsSi books 81 the company
o. 49,. How long have you known OF the existence Of
nrn Of smith Gould Martin thres To ur A
o. Is Jay Gould member Of that frmr A. He Is
said to be q member Of that nrm.
rsoure certificates Of stock to he signed by the secre-
tary of the company A. They do, and In his ao-
sence by the AUDITOR and In the absence OF ooth' py
Did you see Mr. J. Q. Bankroft Davis on the 10th
March, 1857 A. saw HIM when was before 'he
Senate Committee giving my testimony.
o. Had you seen MIN before that time on that DAY
A. Not to my recollection.
U. When did you next see him after your eXamna-
tiOn on that days A. saw him at the general office
after ttat Us also other directors.
u. Which othcrs9 A. l saw Mr. Dlven, Mr.. Greg
ory Mr. Ramsdale; l do not recoect any others.
.. Did you have any conversation with Mr.. Davis
ON that day from the time you lett the witness stand
o. Did YOU have any conversation with him at the
general Office on that day? A. had.
o. Had that conversation any reference to the five
hundred certificates of stock you have referred 70 az
having been signed by you on the 9th OF MUrcht A.
We had conversation ON that subject.
Q. Who was present at that conversation A. Nc
20 o. Did YOU tell Mr. Davis that those certificates
had been in your possessionf "A. don't think
told him that; my testimony before the committee
which he heard, conveyed 70 MS mihd tnat sgheo
o. Did he hear your testimony before the Senate
oommittce9 A. lie testified before the Senate coin
o. Detail fully the conversation you had with Mr.
Diven at the general ofice ON the lOth March 1858
A. told him what became OF the ccrtiDCates; can
not repeat words used ut that time; he expressed
to me his surprise at the transaction; l recollec
nothing further.
o. Is tnat the whole conversation near as yoi
can recollect itY A. IL Is.
Did Mr. DAVIS ask @ you v whether you naa receives m I'VE
efectf A. l cannot say whether II was that day u
the day following he asked about the bonds, when
told him they were In the SAFE cancelled; think /
was the day following, the 11th OF March, lS0s.
Y. Did you ever show these bonds to Mr.. Davis, o
did he ever see themS A. don't recollcct showing
them to him; don't know whether he has them
U. Have you shown them to any other member o
the Board OF Drectorsr A. have never show
.. When did you receive those bonds - A. wa
informed on the nth BY the clerk In the onice tina
they were In the safe; that they handed In b.
the transfer clerk Mr. hilson, think ne said the da
previous: . -, 49,, -. ,,,,
U. Are you sure ne saiu tHey WeFe uhuueu III vi
the day prevlOus2 A. 1 AIN not sure.
Y. Weie these certificates made out IN anticipation
OF the company exchanging them for conveltibl
bOnds2 A. That was tho object. as understood.
U. From whom did you understand that. A. I'm
deistood IL from one; the bonds having been mad
IL was Intended they should be converted the tim
they were made.
U. When bonds are converted into stock who's
duty IN 1t to receive the surrender OF the bonds an
give out the ceTilcaiesI A. Tue transfer clerk
duty.
Y. Have you any duty as secretary connected wit
A
proportion OF the bonds and the signing VI the cei
tincates.
U Did you take any receipt for the bonds or soc
that passed from your possesslOn and II SO, frof
whomP A. The custom for the transfer office Is ~
the transfer clerk to take receipts on the margin
the certificate books for all the certificates issued.
o. When no those receipts come into your posses
siOny A. Coupons Of all the certificate books AT
retained in The transfer Office.
q What hour OF the day on the 3d OF March wa