New-York tribune., 1868-04-08
THE COURTS.
THE ERIE LEGAL BATTLE.

THE ERIE LEGAL BATTLE.
CONTINUATION OF THE EXAMINATION OF THE
COMPANY's SECRETARY.
The examination in the case of Mr.. j. G.
Bancroft Davis OF the Directors OF the Erie Railroad
COMPANY accused OF contempt OF Court In having aided
to issue SoOOOOOO worth Of the stock of the Company
after an injunction order restraining such action had
been granted by the Supreme Court continued be-
fore the Hon John B. Haskin, Referee, yesterday, COM
mencug at III o'clock O. IN. The opening proceedings
NIonday'sl appeared only in THE TRIBUNE Of yesterday.
Mir HoTatiO " OTIS the Secretary of the Company, was
recalled by Al Nanderpool esq counsel io the prose
cuOn and testimony in continuation OF inst pub
lished yesterday which closed with the statement that
formed him the 9th Of March that r FsIe OF the
Directors, had taken from hln (itOn) the books con
tanning certificates OF the newlyssued Sl6OO0O worth
Of stock, and had 'run away with them The direct
examination was proceeded with as foH0Ws Mr Wander
Q. When Mr. Hilton told you this where did you go
A. searched for Mr. Fiske In the Office building No s7
West-st; did not fnu him; then came across town To
No. IL Pmest. the transfer office with the Serceauat-
Arms Of the Senate Investigating Committee, who was
waiting to accompany me; but gayo no testimony before
the committee that day (MarCh q. q. What rooms at
No 1877 Westst did you into III your search aIier Mr.
the Transfer Clerk informed that he MIR. Fske
going that direction. o. What other roOml A. The
O. After yOu had learned that the books had been taken
did you any member OF the Board of Directors before
Scrgeantat-Armsi A. | don't remember; think not.
time Mr. Hon's report made 20 yOd and your com
lug with the seIgeantatArmsl A. Not as reinem.
Der. 9. Did you see any OF the directors "a az
mittee on that dayl A. do NOT recollcct
whether saw any not. @ Give us yonr hest recooc-
ton that subject A. have recollection on the
subject @. When did You first mention % any member
OF the Board OF Directors the TACT reported 10 you py MI
that the same day spoke 10 tho President about III
spoke other director about it that day saw no
other that day. the best of my recollection; saw
any other spoke to him concerning H. O. what did the
President say when you spoke 10 him A he said that
is all right words TO that effect q What else did he
sayl A. Nothing else on that subject q. What else dd
he say in that conyersaonf A. II lac said anything else
1t was with regard the general business Of the office
@. Can you furnish copy OF the resolutions passed by
the Board Of Directors at the meeting OF the Board on the
9Th OF March. 1861 A. cam KEEP, the minutes OF the
proceedlngs they are under y eohdIo @ now Terg fcp
showing printed copy to when your attention mas
OF Directors, on the 9th OF March make report 10 tho
stockholders, signed John 5 Eldridge PRESIDENT A.
The report Of the Executive Committee read at the meet
ing on that day appeared IN PRINT signed oy the fIes
dent, the follow Ing day there was 40 action taken D
to the best OF my recollection q Did the first resolution
approve and raty the report yOu refer to n ~ re-
appeared in The papers the next day. q WIN you fur
nish copy Of the report referred 10 In that first Ies9u
tiOn and annex II 10 your deposition A. wall a. Was
meeting Of the Board OF Directors Of the Executive
Committee held on the Sd Of Marchi 4. Idon't recocet
tee = A. Mr. Eldndge Mr.. Thompson, Mr.. Gould. and
Mr.. Davis Mr. Drew was also member: bpt he was re
DO you know the fiIm OF F1ske, Belden & Co. a:
have heard OF the existence % OF , sufn r n & ~ was S
knowledge on that subject @ How long have you
known OF the existence OF that nrln a. t0r petnaPS -
the company. q How long have you known OF the ek,
istence OF the firm OF Smith, Gould, Martin * Col A.
cannot tell precsey think about three four months
O. Is Jay Gould member VI that hrmf A. lie Is SAID
require certcacs stock signed by the Secretary
OF the Companyl A They do; IN his absence by TIE
any designated Director 9: DID you see Mr. j. G. Ban
croft psyis On the 10Th OF March Gs A. oes ad saw saw
him before that time on that day A. Not to my
examination before the Committee on that dayi A.
At the genera! ONCE Of the ComRany lays,ori 1 saw
Which othersi A. Mr.. Dyen. Mr.. Gregory, Mr.
Ramsde 2 Dd you have S aIE E cCnTsss9oh N ;s The Win @
ness-staId until you met him at the general object A.
do not tn,heT; thiRk not Q Dld you have any any
O. Did that conversation any reference to the 500
certificates Of stock you have referred to as having been
that subject q Who was present. = A. I'M think ,a no
but Mr. Diyep DID you tell Mr. DayS .h%t tESss dNns
think told him So the testimony :, @ sayS sS0Ti d the
srned fSem O. Did he hear that testlnSnyi A. lie
testified before the Committee that he heard portion OF
with Mr. Davis at the general Office on the 10th Of
March, 1853 A. 1 told him what became 90, OF
transactions; l recollect nothing further. Q; Is
that the whole conversation as near as you can recoect
received any bonds in lieu of this stock or anything
that eeeti A cannot say whether was on mat Gay
ScnSs Ss When s1S o tod HIM that they the
\ eeed tho day following, think II was. q. Dd you
show the bonds 10 Mr. Davis or dd he ever see them
that he ever saw them O. Have you shown them TO any
other member Of the Board OF Drectorsf A have not
| a. Whe1 did you receive those bondsf A. was In
formed the 18th by ccfk In the ONCE that they were
Clerk, Mr.. Hilton, / think lie said on the day
hsElOIhS Ihni he sad 50, % am not sure O. We're these
| certificates made out in anticipation OF the
Companys exchanging them for convertible bonds A.
did Won understand that A. From no ONE tho bonds
having been made out, II intended they should be
| converted at the time they were made OUT " Wlen
the surrender Of bond and give out the certeate
| A. The transfer clerks. O. Have you any duty con
nected with 1t as secrctary A. My duties are connected
with the preparation Of tho bonds and the signing o te
cerfhcates O. DO you take any receipt ana IL co. IrO
whom for the bonds the stock when they pahs from
Tor e transfer clerk to take receipts In the margin OF
certificate book FOR all certificates issuedf When
at an do they come into your poSesSi0ns A. Ihey nre
retained ia the transfer Office O. At what hour on the
sd OF March was the meeting OF tnc E1eouiNe Commute
heldf A. I do not remember Q, WasN In the early OF
the latter paTt Of the day. A. have no ree0ecuOn
O. Who instructed you TO I'LL out the lst s90V9V worm
OF convertible bondsi A. The President MT Eidfidge
O. When A. 1t have been on the so OF hhrcn tne
day they bear date @ Is that the ony reason you nave
for saying 1t must have been tho Sd OF Mareht A. MY
recollection is that, having been anthoiLed on ne Sa "
March, they were filed up on tlat day anu tAcculou
q. How many bonds were thcfet A. lnlhK zen y!
100000 each g Who signed these bonds beside yOuIseH
a. The President Mr., John =. ElufldSo. " Any ous
| else . A. No ono else 80,
| At this poiOt the examination was adjourned III
| O'Clock on Thursday.
THE CIVIL COURTS.
The Supreme Court, General Term, terday
l. ~