The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-09-02
THE SUSQUEHANNA RAILROAD WAR.

The Examination Before the Referee Con.
tinued-Messrs. Smith, Van AIstane, Phelps
and Ramsyy on the Stand--Where Are tho
Books s-The MystelJ Of the Key.
The examination OF witnesses before the referee
at Albany IN the well known case Of AFRO Chase
against the Albany and Susquehanna Railroad Com
pany and others was continued last Monday, August
80. Mr.. Henry Smith, who is one Of the counsel for
the Ramsay party in this legal war OF the railroad
kings was first sworn. He stated that he gave the
key to his house in Albany to Wilbur F. Ramsay on
the 25th OF August with the request that he put 1t
in the drawer Of the desk in Mr. Smiths ONCE. Mr.
Smith SAID that his house was generally closed
during the summer, and that occasionally he sent
parties there errands for him. He did not know
that the books OF the railroad company were at his
house until he read the testimony Of Mr.. Phelps.
He had suspicion, he says, 'that persons had been
there for some purpose connected with the books I
had q decided suspicion Of that KIND The last timeI
was In my house before the examination of Mr.. Phelps
was Wednesday of last week, and found the tables
in my library had been used, inkstand had been
moved, cigars consumed, which led me to suspect
that some one more had been there and that that
had been selected convenient place to transact
some business In connection with the Susquehanna
and suspected in connection with the books This
inference have given is a mere suspicion founded
upon these circumstances. The apartment thai
refer to is library In the rear Of my house which
contains my law and miscellaneous library both, and
where am accustomed to transact portion Of my
law business" .0,f
Mr. Smith, as further ground for his suspicious
testified that ne himself had suggested that the
rotary and treasurer Of the Company should have
an opportunity to write up the books, enter
such transfers as had been made and post such
other entries his duty required and that he may
also have suggested the library in his house as con-
venient place to do this. He had no information or
suspicion where the books have been kept since the
examination OF Mr.. Phelps. He would have been
glad to have them produced and submitted but
there were differences Of opinion upon the subject
and he did not make any inquiries as 10 the Wnere-
abouts the books and he has not seen them since
the 10th OF August. $500.
william c. Van Alstyne, a clerk and bookkeeper IN
the railroad Office, said that the following books
were taken from the oiice:-Transfer BOOK, TWO
stock ledgers and index, cash book, scrip book ana
book Of stock certificates He Is not sure when they
were taken but believes on the evening Of the 5tn OF
August He handed them out and understood they
were taken by direction OF the counsel 10 Inc CON-
books and copied them at Mr.. Smiths once ana
house and at Mr.. McNamaras house iull copy or
r. RAMSAY. The books were left at Mr.. Smiths
house on wednesday evening last at about SIX
peiSSSorhood Of 81 200 600, including what was paid
on the $500 shares lately subscribed for: About
$500 shares OF full paid stock were entered put me
witness could not say how many were credited to
Ramsay, nor does he remember to whom the pre-
erred stock Is credited; It stands In the name OF me
original parties; new stock had been issued IN the
place of It. The total amount OF stock entered In
the ledger Is as folows:-About $500 shares fui
paid stock; $500 shares on new subscription, ON
which ten per cent had been paid and 5000 shares
and upwards Of forfeited stock.
william L. M. Phelps stated that since ms examin-
alton in the case OF Bush against the railroad com
pany he has not seen the books; has given no direc-
lions in regard to them, and has no knowledge or
has custody or control OF them copy was takenlOf
them last wednesday, at Mr.. Smiths house. by order
witness has not seen Il since; at that time the books
in Mr.. Smiths library, lying on the floor; ne
cannot tell who exercised control over them indeed
were left with nobody. The following In regard TO
the key Is rather interestng:-
air. left /. with wilbur Ramsay have not the key
O. Did you when you it, and the book.
mt A. Ola not me oS Soh hops: ss door iocE' 's
Mr.. Phelps further testified that the posting and
copying OF the books were done by his direction;
but that he made no orders or suggestions as to the
Mr. wilbur F. Ramsay knew nothing OF the books
having been taken; he mad seen books purportng to
be those In question at the house Of Mr. Smith, on
wednesday and once before that on wednesday he
saw Mr. Smith at the depot. and what transpired in
relation to the key the witness gives In the Following
answers:- Hf
He mr. Smith the key TO bis house requesting
that should leave IN bis drawer his ocs afsrwards
again the same evening and deposited II In Mr. Smth's
drawer according To his directions, the same evening"
y. How you to give the key TO Mr.. Phepsf A. I
think he asked for IT, and stated he would like 10 get In Mr.
Smiths house; have stated all that Mr. Smith told when
he handed me the keys did not then know nor had any
information that tho books were there a the time got the
key
Did Phelps what he wanted to get in the house for
A. don't recoect that he did had suspicion that he
went there for the purpose Of looking At the books
Mr.. Wilbur r. Ramsay HAD no knowledge, Informs
ton or suspicion where the books were taken to
from Mr.. SMITHS house and has not heard OF them
SINCE In respect to the new stock subscriptions, on
which ten per cent was paid he stated that one por-
ton was 30 paid by DRAFT Of his father, the pree-
dent or the company, on d. Groesbeck Co., OF rev
York city, for $1,000 which was paid. ne coud
not say That his father had that much money IN @
hands OF ID. GrOesbeck 4 Co., nor did ne Know tnas
he had not, ana he has not seen the books SINCE
These were the principal points OF the testimony