New-York tribune., 1868-04-09
THE GREAT ERIE WAR.

Tho Court, OthCi"
suuses &c Of Richard schen against The
-, - ro,,napv and others, involving nve appear
A. r,rorlo one being that from Judge b@rnAiu -
1Intpe Mr. osgood receiver OF the nc" ~ sVoNA'w -
@pPO'1. ,1 engaged in the argument were numerous,
- - ,uidable pile Of papers on points written "uU
- on the counsel's table and formed respeo'
-, nreastwork In accordance with an arranEeno"'
:, the respective counsel the Court eonsenteu 'naV VI"
a. anpeals should be argued together anu ei"i,'0u
The day 70 the two main hiotiono' u'-4o
=, heteep the respective parties, and permitting them 10
or,,op the time as they preferred Mr. Burrl opened
tie argument loT the appellants e m oc in th extra
iary ease from its inception on the lgth OF fepIuryi
and detailed the Ge9uII9S T barnard nominated Mr. Os-
~ood as Receiver The rght to do which was dened on
tbe ronds that Mr. schels original complaint made 10
so ~ tor receiver aud made request for such
stjon and that the Court could not appoint receiver
Sa Sss9 continued sStG his argument for two hOurs and
concluded by reference TO the general railroad act
Evidenced by the action of the Vanderbilt roads was
that the Directors OF company lsht issue c0hVerI9ie
stock as pd Was followed 6y Mr. CHARLES oConor on
the side. who supposed the chief appeal was from
that order appointed receiver Three OF the orders
IN Tao TO h Of Was Within
principle though not IN the same form IN regard
to claim Of the appellants that the General Railroad
act power TO increase the capital at Htnam ne sald
ALI railroads have their stock n1ed Dy the act creang
them, with power, in certain way TO increase thelr
stock but in no other way can the capital STOCK ee III
Teriibe bonds is to enable Companies 70 fill up their cap
stock If they cannot get subscribers TO their stock
consideration the issue OF bonds cover for the
Issue Of stock. Mr. Field also participated IN inc aIgn
today Today. ]i' 'O' '''' ''''A
THE ATTACHMENT AGAINST JAY GOULD.
In the case Of Schell agt. The Erie Railway ct
al, the attachment was called up and Mr. Gonids an
swer filed. The counsel present in the General Term
side, and Messrs Perrcpon aud c. n Potter the
other, appeared The prOcee ling may be remenered
isf Mr.
junction against the issuing or stock ana bonds OF
Tic Eric Hallway Mr. Gould admits that on the Sd Of
Marcb at alnufG 6 D. m he was served with the mjunc
ton and papers IN the Sche SUIT that he Is Directors
he no knowledge as to the matters inquired about m
issue OF the $1,000 shares Of stock He believes sertcates
OF stock in blank were made by inc ocers OF Inc C4
paDy before the making of the inigIeons that the iX
ecutve Committee issued convertible bonds 10 the extent
slOoOOOOo February, and stock for the conversion
OF onehali was also issued IN February tnao .b
iaos oi & ulVSstSc % IN, 90 March and the money Maid i'm
TO the Company he informed, half to Groesbeek Co..
TeTed also before the Eth Of March r Clark pro
ceGdcd to ase testimony part OF the plaintiff and
called Mr. j. Edwards who testified that he had neen te
He knew Of the appearance OF certain irSsn 9eI'as
OF Erie railway STOCK r IN tae S m Sd c6 m hose fom the
l0ti OF March Onwards. Witness produces TWO cerun
q Do You know the signature of the firm Of Martin
Sr Field objected that the question was leading.
Mr. Rapao objected TO tine objections that this was not
Mr. Field maintained that the rules of evidence must be
Mr Justice Barnard ovorruled the objection. The wit
ness test ed that he knew the signature OF Smith, Martin
Gond Co, ard that the endorsement ON one was the
If tie time before the appearing Of the stock Fish,
Beldcn & Co. were large borrowers Heath Co. were
AisG Mr. ME Fisid@i 9OlfOsta OBJECT
MIR Field-What! What he was informedl
The CCmt-Certainly; on crCsseNamnaton you can
Witness continues heard that Heath & Co. had sold
$1,000 shares; John Boodsood lad call on 2r Drew Tor
O. Waen do those calls maturei OIr. Field objected,
Issued about 40 d1ys ago before the sd Of March don't
know the members OF the firm Of Smith, Gonld Martin
Co.. the 9th of March Erie sold up as high as s 81 II
fell TO II on account Of the large sales by v" HEATH tnaI
the large sale reieed to- S01I NOT mons say ~ T bee @
certificates mad Issued; the new certificates next
O. Was tls fall Of IL per cent caused by the issue OF
Mr Fiei-weI, If We have no rules of evidence, hls
Judge Bariard-The question is proper
Witess-The rumOrs Of the new issue and the sales;
mere than I0e0 shares Of this class of stock have passed
formed, at the Office OF the Erie Company that the
transfer books wee closed.
Cross eXannedIcal these shares fresh, because they
were issued or the 7th Of March don't know tnat mere
suppose speculate in stock don't know whether you
call it rambling; cant answer whether there was
good Co. carrying about 25OOO shares lie refused
70 tel for whom they were carrying 1t, on the ground
sOrpe for Mr. schc they held calls Mr. Drew for 5000
eas would Inatrc In aout 20 days ie books would not
show for whom these calls were held though stock
held Mr. schels account 10000 shares had been
IN hands aud part Of this bought account Of
IOi8t OlcrfOn be- did not know whether at was pool
or not lie number rather too small Tor pool; he
could make no Other distinction between this ard pool
John b HasInn was called to the stand and testified
that he had heen 26 years counsellor at law; he bad
of David Dudley Ficd; he had known Judge Barnard
1855 very friendly and specially intimate man
had never ItrT nT I'D 10 by sfr Drdlev Field or any
other person OF that n 60 act rs counsel in any suit or
din he applied 20 on the 5h OF March last by
Er Dudley Field 10 counsel in the Eric
Mr. James r. Brady hero ar0Se and stated that his
own responsibility lie objected ~ the present eXamna
ton He did NOT suppose that Mr. Haskin came here Of
his own ycOl tie point to which they appeared to be
going seemed 10 be one protected by TIE rue as 10 conn
pu J,ose OF the examination cast % sios ~
ber q the proies.oI SHa ~ any other Ylex ts Gnu
r Clark said the examination for the purpose Of
showng the had faith and criminal procedure OF tine de
ienAag, and Judge Barnard held ,hs examination to be
The Sitness continued that Mr Dudley Field called at
biS olcs and desired TO retain bn as counsel III he
I6 Gases, Offering hm slo9g as retainer lie ASKED Ai
Eiel on which SIDE He said on the Drew sde WINES
asked him before which Judge and he replied before
Judge Barnard Wituess tben t9a MN ne tGuii gi,
Judge Barnard Mr. Field then left but returned within
y fey inmates brinsiEg with MIN printed 1 DoIk d Goi
1alnng Judce Bar9ards order Of iljuleon A4d ajEeq
him TO the order modified as Lc lad Wlitte that
6ieT N1s very hard certain parties that the af
IN 1l VS. Tei1 SI'Ystf' fd tS5ss r5 SE it led
cOunseled the obtaining ,rom Judge Baiccn, tha%s
induce Linn 20 grant this modification, as !
otherwise there would be charges 9i an kns nTons
against hiu Judgc Barnard In the Lcgisidnloi anu
then offered him 5000 IL he demanded additional
SUM- had aodTte blanche from the parties witness
declined any remuneration. but said he would Judge
Barnard aid II tie modification were just one he had
doubt the Judge would grant IT, He met Judge Bar
nard at the Astor House with Recorder Eackett aud
Mr. Thonpson Director in Eic and spoke 10 him Of IT,
when Judge barnard told him that he had refused such
modification but a few minutes ago
Iii. e