The New York herald., 1868-04-21
THE GREAT RAILROAD WAR.

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Tho Contempt Proceedings Against the Erie
Railway Directors Examination Of Wit
nesses-Wiiliam BeIAen Committed ON Six
Charges for Refusal TO Answer, but Allowed
to 20 ON Parole.
Yesterday morning the contempt proceedings
against Eldridge, Davis, Thompson, Skidmore and
Lane, directors OF the Erie Railway Company, which
were some time since sent to referee to take proof
of the alleged contempt In violating the Injunction in
the Schell suit was resumed In the Supreme Court,
General Term room. Judge Barnard, in view of the
trouble and dispute which had arisen between the
various counsel and the referee having determined to
have the testimony taken in open court as before the
referee, the court room was crowded and great IN
terest manifested in the entire proceedings.
Upward OF one hour was consumed in argument
as to whether witnesses sworn In one OF the cases
should be considered testifying In regard to all the
parties, and as to whether the case Of Jay Gould
be also taken up a. e same 4e e. tho
detachment Of the counsel to the regularity OF the
proceedings In the matters being heard before the
court. II was finally decided that the examination
should be proceeded with az before Judge Barnard,
that the testimony OF witnesses should be
as effective In the i've cases first named, ana tnat
the case Of Jay Gould should not be heard at this
After considerable discussion
Mr. Diven was called and testtned-I am an Of1cer
Of the Erie Railway Company and was such in March
and February, 1865; / remember the serving OF an
on on the 81 Of March, on a
Eldrdge the President, Mr.. Drew, Treasurer, Mr.
Fisk director and probably other OF the officers;
during the day think l must have seen Jay Gould;
on saturday, March 7, was requested by the Presi
dent to sign some certificates OF stock 1t was IN the
afternoon, not long from the time tn that left the
to sign any particular number; the books contain
two hundred and fifty certificates each; think four
OF them were given to me.
o. What reQueSt was made to Won? +
BY Mr.. Field--I object to that question. Mr..
Eldrdge is not defendant, and it would be hearsay
A. He requested me to sign them, he did not
specify the number; the books contained one thou
them that night and the next day; signed them all
between that night and Monday morning, except
one that was not finished; some OF the books were
sent for on Sunday; do not remember the hour; a
boy named George, who is in the Office OF the private
secretary Of the President came for them; the pri-
vae secretary Is Mr. Nolan George Is still the SER
vice OF the company; don't remember his other
O. By Mr.. Clark-what did he sayp
objected to by Mr. Field as being irrelevant.
Judge Barnard-I will strike il out If they don't
make the connection afterwards.
Mr.. Field--Then what Is the use OF asking it9 q
Judge Barnard--I suppose because the counsel
never loses opportunity OF saying something
After argument by Messrs. Clark and O'COnor In
favor OF the question and Mr. Field In opposition the
objection was overruled.
A. don't remember what he said; he is still in
the pay Of the Erie Railway Company; knew he
asked me to I'LL the one with the lowest numbers
first and he would send for the next days the books
were numbered; dOn1 think have the memorau-
DUN with me by which can give the numbers if
you have my testimony before the committee OF the
LegsatnTe can give yoq sss numbers $
were from COL to 251, and from 63 251 60O
and from that up the other two sboOks were not
filled; they would number FIVE hundred beyond; we
always sign the lowest number first; the book he
wanted me to sign first e. DOL to 63 25l sent 1t
TO him; think the blanks were not filled; do not
think asked In SiQn them In blank. M
say the word 'blank" was used; no sigma
lures were attached to them; they had not
but my own signature; have the stubbs of two Of
those books In court; took the other three to the
or that one it was in the hands of the President;
erased my name from the Inst before delivered it,
delivered two to the secretary Mr.. Otis, in his office;
his office Is IN the building known as the Erie Build
ing, corner OF Duane and West streets; the directors
room, vice presidents room and secrearys room
also there; the certificates have been Cancelled In
two books; what became OF those cut out cannot
tell; have seen two that l suppose from the num-
bers must have come out from those books.
and testified as follows:-lhave In my possession
tncates of stock OF the Erie Railway Company, dated
March I, 1865 WITNESS produced them. They belong
to john Bloodgood Co.; tney were received In March
last; cannot say exactly the time to these two.
Mr.. Diyen recalled:--lhese two are among the
certificates which signed on Saturday night or Sum-
day; they numbered 63, 249 and ca, 47a do moi
know OF my own knowledge to whom they were
issued; there are entries on these stubbs showing
the disposition of the certificates; l know nothing
except what is IN these entries. The entry "C0.n
mon stoc6 No: $500, 100 shares name OF Fisk,
Beiden a Co.. date March 2; receipt--receved GER
titcate as above and to No. 63 2oD Inclusive, In all
$4,000 shares stock, signed VIM. Beden," and 'Com-
Gould, Martin Co., dated March 7, ls6s-received
certificates as above and to No. 63 500, inclusive, in
all $4,000 shares, signed Smith, Gould, Martin &
Con were read by the witness. don't know
whether they were all 100 shares; understand that
Mr.. Gould, director, is the Gould OF that frm Mr..
Beden is OF the firm OF Fisk, Belden & Co.; don't
know the business OF Mr. Fisk except by reputation;
know what trln he belongs to by rumor; have
heard Fisk Beiden Co. mentioned as have other
hrns: MIR. OTIS Il secretary; he Is here; Mr.. klburn
is transfer clerk: he Is not here.
z. Where does he resides A. In New Jersey.
q. May ask how long he has been theres A. He
has lived there, think, good many years. His
father resides there. His Office is in Pine street.
z. Is 1t opens A. have not been there.
q. DO you not know whether it Is opens A.
know what IL said. and what l suppose; do not
know OF my own knowledge; l was told by the secre
tary that the books were closed.
Mr.. Clark was continuing the examination on this
point, when MI. Field objected.
Judge Barnard-I don't think he has sufficient in
formation TO make this evidence strictly legal.
The witness-I have no doubt the Office is closed.
BY NJ. Reconnaissance when the office has been
cosedY
Objected to by NJ Field. and examination closed
Mr.. Wm. Beden was then sworn, and IL was pro-
posed by MIR. Field to continue the cross-examination
which had barely commenced last week before the
referee, Mr.. HaskiD.
Mr.. Clark claimed that The direct examination had
not been concluded
Considerable discussion followed. Mr. O,Conor
claiming that this examination was new and indie
pendent or that before the referee
Judge Barnard said thai they could treat the ex.
animation OF this witness before the referee not
being in existence He had read the newspaper re-
ports and found no answers relevant.
Mr. Field said that his side had objected to the ref
erence, To the referee and TO the form of the order
and now the other side ignored all that and pro-
posed TO proceed with this examination de moro.
Judge Barnard-l think you have right to exam
Inc de moro.
Mr.. Beldens examination was then resumed by
Mr.. Clark.
stock broker.
q. What is your drmS A. Fisk, Belden 4 Co.
U Who are the members OF your firmS A. James
Fisk, Jr., William i. Bradford and myself.
a. Have you cashier or head bookkeeperS A.
We have several clerks who hold positions Of re-
sponsibty.
O. Have you cashier or head bookkeeper9
Mr.. Field objected TO having the question Categori-
cally answered.
A. aon .ninS tne @ QUESTION ls Gear ono. =.