The New York herald., 1869-03-23

for the book ana tho latter handed MIN the key; no
ssksd nim for tho combination ana futile ana no;
ally II any In the Once knew. but was answered
in the negative; witness did not know why Ham
absent: Ham under the control OF the prosi
dent, but was auditor independent; witness had
In the absence OF the president general control Of
he held his ONCE witness himself did. nom the
board OF directors; the president ts In this city al
y. wss
howl how long L would take to reach Ar Il Ham. am -' AA'"
books BE- aHsa os tSst hs
meas be committed for contempt
was an insult to the Court and an insult to the coun
sci engaged. The witness In compliance with the
order Of the Court was produced. ana he had now
the books OF the company as required. The present
motion motto was suggestion thar the witness had per-
AfIer some further discussion, the Court directed
Mr. DuEeAttQ produce the books ct the next meet
ing, ana ADJOURNED the proceeding till to-day at Two
Mr.. Field asked that the other motion connected
with the suit be also adjourned.
Mr. Barlow was strongly opposed TO an adjourn
ment. The two matters were entirely distinct The
examination was IN aid OF motion to be made
animation could not be used in aid OF motion now
being made. TINS motion must stand or fall on the
amdavtis already made Those atlidavits were fully
met al far as the Union Pacific Railway concerned.
receiver had been appointed Of the property of the
Credit Mobilier; and on allegation that that COM
Pacific Railroad. the receiver was authorized to take
possession OF that property. Under that order
writ OF assistance the receiver had come down with
posse OF sherin's officers and taken possession Of
their ofice He had invited the receiver to see n
any OF thar property was there but none was dis
covered Still, without any right, the receiver had
remained with his small army Of c0nfederates and
refused to remove He then had suggested the idea
that the safe should be locked and the Sheriff retain
the key, but Mr. Ham keep to himself the c0mbina-
tion. so matters stood. and then business was en-
ttrely uninterrupted. They had large sums TO pay
Mr.. Field said he thought there was no money in
the safe.
Mr. Barlow replied that Mr. Durant had money Of
his own; but the Sherin was there without right,
and they desired that ne might be withdrawn.
Mr. Field observed that he would see that no un-
necessary interference was made.
Mr.. Barlow said be desired nothing but the rights
Mr. Field said that the Court could not hear thing
and immediately disregard 1t. II appeared on the
0idavts and the proofs that there was strong rea-
son to suspect an Intention to withdraw from the
State OF New York the property OF the companies.
He asked that matters remain as they were till the
under the circumstances the court should not be
batfied.
The Court remarked that an oficer could remain in
charge without interfering with the money Of the
company.
Mr. Barlow-In charge OF whatf
The Court understood that the SheriTs oficers had
discovered in the safe an old almanac u blank1bO0k
and 81 SO. (Laughter.)
Mr. Field again urged the necessity OF placing
some supervision over the books.
The Court finally decided to adjourn the second
motion until such time as the first had been dis
posed OF, in order to avoid confusion. Tie motion
accordingly adjourned with the other till to-day.