The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-04-24
NEW YORK CITY.
SUPREME COURT.

The Erie IitiaatiOu-N0re Of the COntempt
Cascs-A Retraction by COunsci-The Gle
bert Injunction-1Ir. Daniel GrOesbeck's
Testimony Interesting Developments-The
Case Adjourned.
Before Judge Barnard.
The hearing of the testimony in the contempt
cases of the People VS.. Jay Could Henry Thompson,
j. @. b. Davis, Frederick A. Lane and William b.
Skidmore, Directors of the Erie Railway Company,
for violation OF injunction In the Schell action
was resumed yesterday morning before Judge Bar
nard.
During the examination Judge Barnard stated that
the case the putting in of evidence for the
prosecution was concerned, would have to be con-
cluded to-day. The further hearing would then be
adjourned until next week. When the examination
shall then be resumed the defence will have to prove
their case liz they do prove it, by er pdre aldavits
made in the interregnum, which will be read in
court and all parts not considered relevant to the
issue will be stricken out.
ATTACHMENTS ISSUED
At the opening of the cases yesterday, the Sheriff
returned that he had not found Messrs. Fisk and Ed
ridge, and l,,nsis attachments accordingly Is
sued against them. The three motions the petit
ton for the removal OF Daniel Drew and in the COM
plants Of the People against the Railway Company
and others, and Of Richard Schell against the
defendants to continue injunctions directed by
the court to be adjourned until the sth day Of May
RETRACTIoN.
Mr. William Fullerton counsel for the prosecution.
then rose and SAID that the other day he made an
observation which was painful to Mr. James M. Ellis
OF the firm of w: Heath Co., who was witness
then under examination, and justice, from what he
had since learned, required that he should recall it.
He had since become satisfied that Mr. Ellis had no
the contrary, perfectly willing give such testimony
as was within his knowledge. It therefore gave him
pleasure to withdraw the observation he had made.
TESTIMONY OF MR.. JAMES NJ. ELLIS.
This courteous opening seemed TO have a soothing
effect upon the ears of the audience quite in contrast
with the squabbling which has taken place on every
other hearing of the case.
James M. Ellis was then recalled and asked
whether he had ascertaned from his books the mum.
Der OF shares OF Erie stock sold by him or his firm on
the 9TH OF March last the persons to whom they
that he had; that the whole amount sold was is Goa
shares; that 1t was sold for Smith, Gould, Martin &
Co. and James Fisk, Jr.; the total amount was So
594, 762 So; that 1t was paid over to Smith, Gould,
Martin q Co. and to Fisk Belden & Co.. the larger
proportion Of this amount was paid to Smith, Gould,
Martin Co., because they had delivered Witness
firm the larger proportion of stock to be sold the
books OF the firm OF William Heath 4 Co. would
principals; witness could not recoect the amounts.
{The books were ordered to be brought on the next
day OF hearing on the easel
TnOmaS J. Shearlnan was then recalled and his
examination commenced yesterday was resumed.
Witness made an explanation of his testimony of
yesterday, to the effect that In regard to inquiry
whether Mr. Field was counsel for Drew he under.
stood 1t to mean attorney he "knew' that Mr. Field
know whether Dorman b. Eaton was in Witness
once when the complaint Of Belden VS.. Vanderbilt
and others was drawn.
Dudley Field, Randall p. jerks and John +. Burrili
were associated as counsel with witness in the Bel
den suit The two Messrs. Field were counsel for Mr.
Fisk in some proceedings in this litigation;
%'ness Knew ,,, OF the Injunction being granted
9th Of March; the injunction was not 81 served ed
upon any person or persons, Of witness' own
knowledge. but he believed they were served on
tors; also upon Richard Schell, Cornelius Vanderbilt
James II. Bancker and Frank Work; considered that
Mr. Drew and Mr.. Fisk were friendly parties to that
suit; witness opinion was that men who are en-.
gagged In stock operations so very uncertain
that It Is impossible to tell for five minutes who are
Irlendy or who are hostile; the friendly parties were
the President and executive committee OF tire compa
ny; Jay Gould, Daniel Drew and James Fisk, Jr visit
euwltness once at the time the suit instituted:
did not know where the complaint upon which Judge
Balc0m's injunction was granted was drawn; witness
was partner OF Mr.. Belden; witness neither knew
nor supposed that the stock issued on the 9th of
that day; did not know It, nor he informed Of
H. nor did he believe It, nor did he imagine It, but
ne oe,eve1 5ae contrary OF ct that time; it
qure Messrs Drew, Fisk and Eldridge to issue
stock; was not the object to the stock issued
for any other purpose than a means Of converting
che bonds; did not know who the parties were who
held the bonds and were DESTROYS or converting them
into stock and In whose behalf that suit was brouCht
knew ut the time the application was to he made in
the Belden suit for an Injunction that such proceed
ing was on foot; witness knew that an application
70 Judge gilbert Tor mandaiuus compelling the
bany 20 issue stock was on foot the 9th OF March,
out did not know in whose interest, or who was the
plaintiff In that proceeding; witness did not know
that David Dudley Field knew anything whatever
about the mandamus proceeding witness advised
to the application for the Belden Injunction; witness
saw papers with the word ''mandamus' and the
name 40. D. Ashley marked on the back; could not
say whether o. D. Ashley was the plaintiff; don't
member seeing any bonds that were issued pursu-
ance OF the Injunction; the complaint on which the
Injunction was granted was drawn on the 7th Of
March, but might have been touched up ,on
the 9th; witness drew all the complaint ex-
cept the eighteenth and nineteenth sections, which
Nj. jerks had authority TO modify it, witness nd not
draw any affidavit that was offered TO Martin +.
Greece Ut Mr.. Fields house on the 5ih OF March;
Henry N. Smith. who made one OF the aflidavtts In
The Beden suit, Is a member or the firm OF smith,
Could Martin 4 Co.; Mr.. Beden brought him 10 wit
ness: the other affidavit was made by William
Belden himself witness superintendent the prepa-
Ration of the bond on the Injunction; was
signed by Henry n. Smith, the bond YVES made out
on the 18th OF March: the bond was not made to any
or the parties who issued the stock that witness knew
or but 1t might possibly have been so made 1t was
possible, under the circumstances, that II the ques
ton 10 come before witness now he would direct
II to be drawn, and for that It possible
that he had SO directed in this instance.
Q. BY Mr. Clark-Why did you 20 10 Brooklyn TO
get that injunction grantedy
Witness hesitated 10 answer the question, and his
counsel objected. He was twice directed by Judge
Barnard TO eco on" He then replied that he was
under the instruction Of the court. lie would first
state his position as witness and officer OF the
court by virtue Of his attorney ship. He did not feel
at liberty TO make remarks which might reflect upon
the court, but would proceed TO answer the ques-
lion unless otherwise Instructed by tue Court.
p Judge Barnard-Go on.
: Mr.. Clark asked a minutes delay, and left the
room. Returning in u short time, he stated that lie
desired to change the form OF the question.
Q. Did your client instruct you as TO bringing that
suit in Brooklyn7 A. think not.
Witness was further examined as TO the hand
writing Of various portions OF the Injunction and
other papers In the Belden suit which he identified
as In the handwriting OF clerks IN Mr.. Fields ONCE:
did not know whose name was originally endorsed
k.pe In trltn lf
Thought from traces left after the erasure that II
might have been young Dudley Fields name
bid not know by whom or when the name
some time; witness thought 1t might have been writ.
ben up by one Of Mr. Fields clerks. and Dudley Fields
name afixed by the clerk from force Of habit: wit
ness thought the amount Of the bond was $4,000,
but upon examining the bond found II TO be In the
pun Of $1,000; presumed the Judge VINO granted the