The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-02-06

ELEMENT CASE.
Confirmation OF the Examina tion-Extraor-
binary Developments.
Justice bowling sat In the Court OF special
Sessions yesterday TO hear the further examination
OF the alleged Pacific Railway Company Bond conspi
racy case All the alleged consprators were In court
and Hooked easy and confident. District Attorney
Hutchings conducted the prosecution. There were
number Of bankers and others present who
watched the proceedings with much interest.
0dicer Christian B. McDougall. being called, testi
hed-I am detective; arrested Simon w III in
Broadway. near Wall street; he asked me what I
arrested him for and told him on warrant issued
by Justice Bowling on charge OF obtaining bonds
Of the Pacific Railroad under false pretences; he
said he had tie Company 8 note.
District Attorney Hutchings said that he proposed
to hold the prisoner Goodall as . witness for the
prosecution.
Mr.. Lapaugh, counsel for defence said that as far
as he could find out the charge against these men
was conspiracy and under the rule IL was improper
to hold one or the parties In the alleged conspiracy
as witness. This view was combated by the Dis
trct Attorney and Justice Bowling refused to enter
tain the objection.
Frederick A. Goodall, sw0rn-rhe statement I
made IN this case was read before Captain John
Young and others; the facts therein contained are
true.
Justice Bowling here stated that he was informed
by Goodan on Saturday night that he was prepared
to make statement OF the case, and in answer to
question put to him he said that he would make
the statement OF his own action, unifuenced by any
promises or persons In authority.
To Mr.. Lapaugh-There was something said to in
duce me to make statement by Captain Young;
was prisoner then; had been four or five hours
arrested; was taken out OF my cell at police head
rfpr fQE an IN in I'M lodi
me his word OF honor that should be protected, and
that II didn't make the confession Others would:
that he selected me as the most worthy OF conf
dence. and that under any circumstances my con-
iesslon would not crlminate my partners in the
affair; that all the company desired was money
lession; would not have made 1t II he
had not promised me immunity from punish
ment; after making the statement | was
put IN O better place; this Saturday; the
statement was made verbally; the next day Captain
Young and the attorney for the Union Pacific Com
pany came to me again on the matter; knew Mr..
Adams to be the company's prosecuting attorney;
the same terms we're offered me, with the additional
MIR. Adams drew out the statement In writing; moth
ing was said about my being In duress the sum and
SUI ia ~ uue uHqersaananng was tna. snoIa
VIE was sworn to next day; the notary ana Mr.
Adams were present; was promised on Saturday
by Captain Young that detective would go around
with me In the city, as wanted to transact some
business.
Counsel for defendant said that he did not think
that the afidavit could be read 1t was shown that
the affidavit was obtained on inducement offered by
police officers, and promises Of protection and I'm.
munity were offered him. 1t has been decided over
ana over again that evidence 30 obtained ID mad
mlssibe.
District Attorney Hutchings-The point OF law is
misapprehended. The law OF the matter "a quoted
does not apply to this confession Of the witness.
Justice bowling remarked that II Captain Young
made the promises stated by witness he acted en-
tirely wrong. The police have no power TO atone
oilences or make any such promises. lie did not
admit, however, that Captain Young did propose
terms to the prisoner while 0ureSS. CaOtaQ
Young will have to testify to the matter himself.
Mr.. Lapaugh argued a. considerable length that
the law explicit and clear and that the affidavit
should not be admitted in evidence.
Justice bowling ordered the AFFIDAVIT to be read
and directed the exception OF counsel for defence to
be noted. The clerk then read Goo0alls confession.
which Is as folows:-
Frederick A. Goodall, being duly sworn says that
he Is money broker and an insurance agent; that
he has an oilice AZ No. % Broadway and resides o.
"a varck street in the CITY OF New York. DepOnent
loan above stated he became acquainted with the
fact that the Union Pacific Railroad Company was in
the market Tor loans OF money and that about week
after said loan was closed depOnent called at the Of
flee OF said company at No. rs Nassau street and in
troduced himself to BENJAMIN +. Horn. the auditor
whether said company wished to negotiate q loan.
Deponent says that when he called at the c0mpanys
wer ea aaa no parties IN t ad wS
company; that In answer TO deponents
inquiry said Horn stated that he Horn was author
ized to accept loans on behalf OF said company and
said Horn offered to pay depOnent half OF one per
cent commission on any loans that he (deponent)
could procure for said company and stated that the
said company would pay for the use OF said money
so loaned half per cent month and seven per cent
Interest," deponent says that the day following his
again, for the reason That he did not fully under
stand the terms OF the Proposed loan AMI in order to
have them more definitely fxed and that for that
purpose deponent upon this his second cali, wrote
out upon paper the terms on which said company
to nm by said Horn as already stated; thai Two or
three days after this his second call at said compa
ny's office, deponent called again ut said c0rnpanys
Office and submitted among other names the names OF
Gilman. son h Co., BANKERS OF Exchange place; J.
". Seligman, bankers. corner Of Exchange place
and Broad street. and Holgarten 4 Co. as parties
likely to make loan; that deponent had spoken 10
these several houses about the loan, having been
personally introduced 10 them severally by one Mr..
Palm and that deponellt's object In submitting the
names oil the several Houses to said Union Pacific
Railroad Company wal TO put himself (deponent) IN
y situation to claim commission II q loan should
be thereafter made to said company by either or said
houses; that deponent offered said loan to each OF
the said houses, and that they all declined 10 make
II. Deponent says he then spoke OF the loan 10 Jacob
Barrow, and that sand harrow therenpon referred
and introduced deponent to one Ogden Seeiye, who
occupied an office adbining said Barrow,s nc As
Broad street; that depO1ent then and there spoke OF
the loan to said Seelys, and that James wilkinson
In said Seelye's office at the time and heard the
conversation between Opponent and said Seelye; de-
ponent says that he hsd before this time seen the
by his fashionable dress and dne personal appear
ance but thai deponen had not up TO this time been
acquainted with said wilkinson and did not know
who he was, but said keeye then and there intro
duced said wilkinson and deponent to each other,
aud that thereupon satl wilkinson stated to depo-
nent that he Wilkinson knew where the money Tor
the loan proposed couldbe obtained; that he (WkIn-
SOM knew OF certaa parties, whose names he did
not then disclose, wht were perfectly responsible
and all right deponentsays that then and there the
said wilson made an appointment to meet deponenG
at deponens ONCE, Nd % Broadway, on the follow
ing day, and IN the Meantime he (Wiknson pro-
missed 10 see the parties OF whom he (wiknson had
spoken as having none TO lend and to arrange the
proposed loan with thlm. In accordance with said
appointment deponentsays that said Wilkinson came
70 his deponenrs oriiceat o. Broadway, accompanied
by Wesley Lyon, with whom deponenf was already
acquainted, though nj intimately. Deponent says
thut said Lyon TOOK opponent one side and out OF
hearing OF SAID Wilkinson and said to deponent
these words s'why don't You come to me with this
thing: you know me, now l can raise money; we
might have put IL through without the Intervention
OF Wilkinson Depon4t further says that said Lyon
and wilkinson previJns 70 coming to said dcp0-
nept's Office as stated had arranged TO get the first
morfnacc hnnda which a was underatQnd said com