New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-12-15
THE COURTS.
ERIE AGAIN IN A LAW SUIT.

of the losses sustained by the plaintiff on the purchase Va
Erie stock in March, 1863 The plaintiffs case was Sli!
claim that Sunday, sth Of March, 1865 senator n'
toon came to him late in the evening. ana urgeu MN "
Inv Erie as heavy as he could he to share In he Pon
and losses; that plaintiff told him that ho had margin
I'm the hands OF broker that Nation called on MN al
O'Clock next morning, and urged him 10 go IN he"Vy W
Joint account; that nc went down street anu OoNH' CIV
shares; that Nation came to nm on the s''ee' anu
od him IN bur more and he bought 200 shares that
the same day they sold out 500 shares ana the next Jay
,b t at los. Of O74O2 Mr. NATION advising the sale
,ht they subsequently talked together about H. and
Watoon acknowledged his liability for one-haI Out kept
600 and $500 stock in the Avenue Railroad to settle
He asks judgment for an aecGGnng' ana 1n p T
of tne plaintiffs testimony, 1t appeared that the dechu
ant ST t spcca Committee Of the state senate APP
poined 10 investigate the affairs OF the EIie HhlWay
Company and knowing TINS aud Tor the purpose VI
getting 'pOintS" from him, plaintiff entered INTO an
arrangement with him to sell short Eric Stock alleging
share akcin profits and losses IL was disclosed from
the plaintiffs evidence. that the inducemen iOr entering
INTO the alleged arrangement with the DEFENDANT was OF
account of his official relations with the COMMITTEE ana
his ability to impart information ana ana II Re ttaHsac
This appearing, defendants counsel, Mr. Charles
ana, ,h ecd contyacf of partncIship in the transac
e0d bOnOs mOreS and therefore nun anu N4lo
The motion denied by the Court and Senator Mat
tOon sworn I'm his own behalf
TESTIMONY OF SENATOR NATION: -,
A C. MatfOOu swOrn-I have known Mr. mite TOT three
or four years. and acquainted with mn became ac
him at his mousse n0u Dccu
hs house two or three times previous TO ths tlascon
visited his house the Sth Of March, 1868, ana was ac
companied by George o. Jones Of Albany went with
him to take late supper the SUBJECT OF STOCKS wa
mOOted by among the three; am not sure WDoh
IN ,itinn 10 make some money in stocks" sand,
think money be made but am not an operator
Mr. White said he had friend in Wallst, You give me
the points and will operate with him.; told nun VIM
the course OF stock would be- thought Erie STOCK
advances he said he would 90 down INTO the street
early in the morning and would buy ana Wona give n9
NJ the m
the natter did agree to bear any OF the loss the
understanding was that was to give nm POHoS anu nc ne
him; never agreed TO share any loss. -, -.
testified TO by Whte9 A. 1 met Mr.. White at No. lac
Fultons and told him didn't wish to have THIS case
to give him 81 900 having tried admitted to
him that owed him any share OF the losses $3.50. o.
CrOssexamined-Q. on what points did you expect 10
give Mr. White rnfOTmatoni A. expected to let nun
know the issue Of the S00OOOO convertible bohds
O. How would that act on the purchase of stock of this
Companyl A. II all the bonds had been issued as was
intimated it would reduce the stock not they would
advance; that my theory. . - -.
Mere ySS to fhln 9e Was R6 'n'' you were
q Was that information to come to you In your Sical
capacity and under the secrecy OF official oathf a.
There was no secrecy that know Of .,,..., ., ,,
The question being repeated, was objected TO, ana
Mr. Graham modified by substituting the word sanctty
for secrecy A. The information expected TO arrive az
as member of the Committee on the railroad investiga.
tom the Committee on the Erie ana inc Cenfa Ran
O. Was that Committee sitting New-York at that
tmei A. Ii was, rather ITS first session was on Mon
day the 9th; then in the city as member OF that
Committee came down the Saturday previous
o. Did you 90 to any beside White TO sell points
The question strenuOusly objected TO, but the OD-
lection OveTrued; the Court however slduns ,1at
the witness might he chose, refuse 10 answer A.
o. To about how many others A. To but one that
recOlect-Wiberg Co, No. WalIst. -,
O. DID YOU have the same understanding win them as
with Mr. White QuestiOn objected TO- the same rung)
O. Was it one more or less advantageous yourself
O. Was THIS information that you call points which you
la White information which YOU
were acquire had acquired as member OF me sen
ate committees a. par b soIutT mar sTt,y fron con-
WIle the witness was answering his counsel objected
10 the question. The objection overrued aud the
question repeated several times when the witness nnay
declined to answer the question further.
Q. Why do you decline to answert A Under the ad
o. Under he belief hat the ans,5er to the question uil
eyininQlC deGride yOuf A No. SIR.
Mr.. Graham-Theu you must answer.
the Court here instructed the witness that this the
only ground upon which he could refuse To answer and
the question repeated
MI Mattoon-That decline to answer.
O. viii it crimnate degrade yOul A. hink IL tgfll
Z Was this information which you eall points, and
which you expected to communicate TO Mr. White as you
understand IT, acquired under your oath as Senator
a. decline TO answer on The same ground. ,,., .
ACQUIRED coDdentlay and under the sanctty Of your
oath - a SenatOrf A. No, SIR
Mr. White that would justify agreement on his part TO
divide the profits Of this transaction Win y09t A am
unable TO say what value there TO Mr.. White
Q. What value did you put on it, A. decline to
answer; o.or % tho. ,ros,,o cri,,,r.,e or do
. grade youi A. 1t seems to me Il IoiH degrade me-
Q. Was George o. Jones' who was present, a private
gentleman public man A. He held no public office,
90 far as knew.
sonal lobbyist; he resided at the Delayan House; his
home is IN Albany he has family and Is keeping house,
but cannot tell where; met him in NewIOfk about "a
month ago; did not call on Wmte at O'Clock ~ the
morning Of the 9Th; called upon hiE about O'clock saw
gown; not told be was in bed when went there
up my card and shown into the parlor when
enough have him do that waited there ten or fifteen
Letter was here produced and offered to be read In
evidence, but excluded The witness Identified the
o. was the motive with which this letter was written
by you enable you and Mr. White to get even for your
previous Osscsl A had sustained 10 losses; was to
give White opportunity by furnishing him informa'
ZION TO retrieve bis losses saw MT White IN albany
not positive when was, but thlbk was aiter the
Redirect exauhnaton-o. Describe the room in which
you saw Mr. White that morning. A. II was IN faro
bank room IN Whites house.
Re-cross examination-Q. Have you not been pro
fesoiona gamOleri A. have not; never gambled in
Dir. Whites house.
O. Have you ever dealt faro A. 1 never did.
q. Have you ever played against a faro bank A. ]
have since about 80 ago. when boy and then
played very light; IN Rochester then
@ Were you recognized by the gambling fraternity
Mr.. White recalled and examined by Mr.. Graham.
THE PLAINTIFF On TIE sTAND-Is NATION A GAMBLERi
(QnestiOn objected to and excluded.l
q. Is he not known an habtual, practced gambler
O. Has he not played cards habitual mode OF lv
ingl (Excluded)
o. Dd anybody come with Mr.. NATION 70 your house
OF the evening OF the sth OF March A. No, he
alone.
o. Could anybody have heard your conversation 7 A.
No; he desired and nCulcated seCresy first to last
was Albany between the 18th and the 30th OF March,
1868 had with Nation about collecting
his part the loss he said he did not have any
money then he did NJ deny his liability, but suggested
further transactions IN the stock 10 get even;
he something would turn IN this committee
and he would let know this letter written under
that agreement ne teegraphed me the next DAY not 10
operate that letter.
THE LETTER AND TELEGRAM