The New York herald., 1869-02-03

prisoners-Woll wilkinson, Coodall and Lyon-were
brought into under the watchfu OF Captain
John Young and detective McDougall, all OF them
looking as unconcerned though there never had
been such thing projected as the Union Pacific
Railroad. Wolf, who Is alleged to have acted the
part OF the retired merchant Of large means"
In the transaction, by which $120O00 bonds OF
the company were converted into cash, Is middle
aged man or the Hebrew persuasion. Wilkinson Is
very tall fellow, who dresses.nimself elab0rateiy,
parts his hair in the middle and side whiskers
anu huge horror Of q mustache Lyon and Good
ali are very ordinary looking During the pro-
ceedngs which were conducted for the prosecution
by Assistant District Attorney Hutchngs, there were
present quite number Of Wall street men, who
seemed 20 manifest great deal OF interest IN the
progress OF The case
TESTIMONY OF BENJAMIN s. HAM
Benjamin S. Ham the drst witness called to
the stand On being sworn he testifed TO the genu-
ineness OF the affidavit which has already been pub
lisAed after which the counsel for Mr.. Wolf cross
examined lin and ne testified as foows:-
never saw'Mr; VOL; the agreement ! made with
100000 tor Sl20000 rst mortgage bonds as security
anu bod them until the maturity OF the note and
return the Identical bonds TO the company on the
payment OF the note; this agreement was IN writing;
1t was made by Mr. Wof, SO do not know where
1t made: know 1t was made because have an
agreement purportng to have been signed by Mr.
Wolf agreement produced): Inever saw Wolf write;
all the evidence OF his writing have Is thai paper;
DO not know his signature; never mad any TRANSACT
ffous with Mr. Wolf; / was not present when this
paper was sgned; Az. Lyon Represented himself as
which it is agreed tnat the bonds should be
held and not disposed OF except the one
rendered by the defendants and not sought for
by the company; made verbal contract with MIR.
Lyon also taat he should hold the bonds until
maturity the bonds to be returned to the company;
negotiated loan upon the asreement made with
Mr.. Lyon; the character OF tnat loan that money
should heEadyanced TO the Union Pacific Railroad
Company; the was 100000. less interest for
four Inonths and three days and a commission OF
So SEQ. advanced and eXactlV III accCr1anc0
with the agreement: collateral WAS given Tor the
repayment Of the money at the expiration OF the
four months and three days; that note has not
matured; 1t natures four months from the 18th day
OF DeeeEnber acted III the matter III Dehall OF the
Pacific Railroad Company; had no personal inter-
est in the case; knew nothing personally OF the
divisions OF commissions except that Mr.. Goodau
received $500; paid this $500; messenger went TO
80 Nassau street. and received the loan: the money
| was deposited to the credit OF the company
In the Fourth National Bank; mean the certificate
OF deposit; had other object than the interest OF
4 the company IN carrying on the transaction; was
under tue impression, When Mr. Goodali got $500,
! that it was for his commission in the loan; had
| agreed 10 pay him that amount for any loan OF
100000 he might obtain, ana this agreement was
| made behalf OF the company Mr. Goodall had
authority. therefore, from the company, TO borrow
loan OF 100000 from any party ne could get from:
| he was not authorized by the company, but was
promised one-half or one per cent commission on
any money he could borrow for tne company not
less than 100000 Mr. Goodall had not acted as
general agent the procuring OF loans for the COM
pany; did not procure any loans before the 18th
OF December; he did not apply before tnat time 10
| negotiate any loans for the company; OCCASION
| ally saw Mr.. Goodal during the two months pre-
vous TO the time the loan was agreed upon, at No.
20 Nassau street. which Ii the Office Of the company;
the subject OF the interviews we had was about pro-
curing loans Tor the company; he did not mention
! the names OF any certain persons he expected TO
| loan money from; do not wish the Counsel to pnt
le @ Gonla Sought he COMPANY ia ths transactioa:
| the company were procuring loans and desirous or
making loans through any responsible party; they
ed to them: Mr.. Goodall acted In the capacity OF
broker in his transaction the company procured no
! took the loan both because they wanted money and
were making loans at the time: first saw
| / had q verbal agreement with him also in
regard to this loan; there was no written agreement
ment made was designed to cover the verbal agree
ment; the first mortgage bonds oil the company were
w Il thew stood IN the MARKET the company have
| never offered TO return the money for which the
bonds were gwen as securi'y On cSnoiOn @ . q .ne
| uuainted with Mr.. Wilkinson; never saw Mr.. VIII
knson until saw him here to-day; received fnfor-
| nation as to q conspiracy Dy the defendants to
delraud the company from various parties; when
charged fraud against the defendants meant just
| what webster means when ne defines it Ia the dc
Judge Dowling-what Webster says in the abb
sence or the defendants Is not evidence; but n Web
| THE witness continued-The act OF fraud in the
Is not holding the bonds until maturity and the
disposing OF them the whole transaction is the con-
spiracy alluded 20 III my afiidayil am unable to
winch led me to believe that there was a conspiracy.
/ o. What amount Of first mortgage bonds have
| been issued by the Union Pacific Aailroad Com
Mi Mr.. HutchInzs-That Is immaterial 70 this case.
COUNSEL think otherwise. The Sl20,0 o in bonds
| NAV and may not have been valuable. IL a
has been committed the company has been deirauded
| oi something valuable.
| Counsel-Were these bonds distinct from any
other issue OF bonds made by the company; that Is,
a separate Issue OF themselvesf A. No, SIR: the tn
terest ON the bonds was payable at six per cent
| gold; Mr.. Gooda acted as broker IN ihe
lion for the party lac puTpored 10 represent. Here
| the bonds or tue contract were identified by Mr..
| Ham as being in ris handwrItiny.
coSdaiI ana When received i tacS sy tie messen.
| ger Henry :. Lindeli, the signature Of Mr. Wof
certificate identity as the one received and de-
| posted IN the Fourth National Bank.
| TESTIMONY HENRY ". IINDEII.
| Henry AZ. L.indcll, sworn-i keep books and act
| messenger at the Union Pacific saiiroad Company's
onlceYI Mr. Goodal there on tne leth Of Decen-
| ber lsst: Mr.. Ham sent NE with sI2o0oo IN first
| mortgage bonds in company Of Mr.. Goodail to No.
3s Nassau street; had a note with me also; on tho
second noor. ut the ONCE OF Thomas Egan, We met
man VINO think looss like the one represented here
| as Mr.. Lyon; went into the otilce; think there
went into the room and delivered tae bonds to the
4 man who looked IKE Lyon; when the bonds were
counted the man gave me a certificate OF deposit
and that agreement, signed ty Wolf | took
them 10 tne Union faciiic Railroad Com
papys olse ana ,ooSs,, deygrea ,ooaa Mem, % think
stairs after the met at the door: followed hun
and gave him the bonds; recognized tne man as
| being one OF those who we're nresens when the
| agreement about the loan was made ~ The Union
Paclne railroad of8ce.
| TESTIMONY or CHARLES TrTfiE.
Chas. Tustle, sw0rn-T an Assist81k treasurer OF
| the Union racifc Railroad Company; VAS present
| wien The agreement about the loan was made; Mr..
Iyos aaa Mr. Goodall came into the oilcc and stated
TO me that they had friend or client who wished
10 oan the Company 100000, and To receive as col
| iaieral tne bonds OF the company ! then in
| auIred what amount OF collateral would be
| alysu ana urged that 1t SHOULD be greater
| suan tne amount proposed the amount
gwen was % bonds OF $1,000 each; they stated that
fhe netsOn FOR whom they were acting was man 0r
| hlI spsctlblity, OF large means, retired mer-
! ~ taf. tOl1 tnem we were very particular into
4 M o hands our securities were put and they In
| te hat their friend was man OF wealth, and
\ iAA. e would give receipt guaranteeing the re-
4 tila al the same bonds he would receive rom the
| company: a note was given by me 10 either Mr..
Ham or TO Mr.. Lindeil; the note was drawn in the
usual way, the eject that iour months after date