New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-03-17
THE ERIE-VANDERBILT WAR.
SECOND DAY CRoss-ExAMINArIoS or JAY
GOULD.


The suit brought by the Erie Railway Com
pany against Commodore Vanderbilt to recover AJOOoW
IN cash and stocks was morning before
Judge Barnard Tho Courtroom wss crowded with III
terested persons and prominent lawyers Messrs douu
and Fisk were present. but Commodore Vanderbilt was
"'"' CROSS EXAMINATION OF JAr GOULD.
Mr. Goud was cross amined by Mr. Beach, and testl
fed that he became resident Of this city In 1885, had
been engaged previously In surveying ana own ehgoe'
ing resided In Delaware County; have had business
in Vermont but resided there; was managing
trustee OF the Rutland and Washington Railroad; my
business In NewYork has been that OF railroading;
was connected with the Vermont railroads and resided
here; In 1867 | became connected with the Erie
| Railroad; was q large owner OF tho stock;
I was first a Director Mr. Drew engaged In depres-
sing tho stock and took position that would GUST him
from the Board. and Mr. Vanderbilt was working with
u.s. the night before the election OF Directors he sent Tor
Fisk and myself and said that Mr. Drew name must be
put on the ticket we finally compromised the difference
by electing Board without having Mr Drew In H. ana
was Ioetcd Director at that time and have continued
be since; was elected President July 30 1858 NJ
Fisk became connected with the Board ut the time
as myself first became acquainted with Mr. James
Fisk, jr 1861. about the time first became connected
with the road Mr. Fisk has been Director since that
tme the present location Of the offices OF the Company
was made about the middle OF last Summer;
the books OF the Company have been kept at that office;
the different departments were moved into them a.
soon the rooms were ready suppose the plaintln
keeps books relating the issue OF stock we do keep
such books and they at the Office Of the Company.
also books showing the transfer ana te "a
stocks; have never examined the books, ana cond
not tell whether they show the manner and object OK inc
creation Of stock which they show to have been Ssnea
would show il; the Executive Committee ol
the Board keep book; the Treasurer Keeps
several books, aud one that shows the receipts
and disbursements OF moneys, together with the OBJECT
OF the disbursements there was stock Issued 10 oo9 70
the amount of SO O0O00e think the stock was issued IA
con version of bonds these bonds were Issued
think, In January of 1865 they were Issued a. tneS
were wanted; some issued in December is6i, ana
some January and February, 1888 thlhk tue pooA5
will show the precise period OF Sk NJ he Board OF
Directors should show when the issue OF them was a'
snow mat resolutions were passed to issue the bonds
but whether they recorded do not Know tulhN
was present Mt meeting prior 10 the 18Th Oi ftpuy'
1885, report was made by the superlnepgg',, ia 'e
road was in bad order 1T went 10 Dir. ElitiuS' as
came President: 1t among the records OF the Com
pany have printed copies OF IL; the report sioMea
order aud the resolution passed TO issue the bonus
the resolution followed the language OF the revised
st,tues IL was decided that whereas large amount
OF money was necessary to equip the road therefore he
Executive Committee was authorized TO ISSUE thein 10
these bonds 10 1dP o IN de my innres,ion ia that
900 OF bonds issued before the other Inc
rst sjoOOOO negotiated through Mr. Drew and tue
second 5000 900 through Mr. Fisk do not know no"
or in What sums the bonds were converted INTO stocks
The officers of the Company signed those certificates;
know that Mr. GrOesbcck was one OF r Drews brokers'
bnt / Cannot say whether tho BONDS were negotiated
to Mr.. Drew through HIM the second sSVDohO think
were sold directly Nh Drew they were negotiated 10
him or through linn do not remember the price az
which the first sjGOOCCO sold think 1T was about
TO- and Tho secord about the same price; think Fisk
sold the bonds the same day Vanderbilt gave
Limited sustain the market think we sold the
highest OF II to Mr. Drew. and the balance TO Dir van
d,rbt; Sir. Drew short of the stock lie sent an
orer from the Office TO buy aud The boy who took
the order gotthete about the tine FISK Sold guess
Fish suspected mat This order had been made aughterl
supposed Fisk intended to put this stock on the mar
rise ho would sell out; lie had bought the
bonds Of Sir. Drew; they were purchased in March; |
think a written agreement between Drew ana
myself In stock operations 1t was made about the time
this first pool was gong on some time after me election
Thompson Fisk, and myself; stated yesterday ali that
had no ntimaton that there To be meeting at Mr.
Perrepont's; did no: know that they were going to
TO have interviews with Sir Vanderbilt he used to 20
there early in the morning. Mr. Vanderbilt told me Drew
got "wealkneed, and wanted 10 settle amicably; tho
negotiations kept secret from Inc and the
members of the Board who were adverse TO it
at Mr.. Perrepont's house Nr Eldrdge took US into
roOm do not know where. possibly III another room;
Fisk Edridge ana Mr.. Drew were in tho room; Mr.. FL
bridge took u. one side and commenced telling Us OF the
Importance Of having these gatons settled; he said, in
rylng 10 t p ,@ Directors he aid that Mr. Fator
ana WIN NJ Eyar- said that everything proposed to DO
done was strictly legal and they ADVISED IL; Mr. Drew
talked with US ls 1pty, nc S s u, , hu
tyusnt t5o we had better wIt6drw the litigation;
had brong suit against the Directors 70 compel them
to continue the snit against HanderDit and ne
my share of the money put in my snit at certain
nice remember it was stated that meeting that Mr.
Vanderbilt had said that the settlements might 20
Tar IA they could think Mr.. Schc and RIpallO
OF them stated IL there were some checks executed there
to carry our the settlement and receipts gwen and
think the legal gentlemen made out some papers 10 DO
eXecued don't remember that saw any OF the papers
that the lawyers drew up Richard Schell signed the re-
cepts for s29COo and for Mr. Rapao for tho $4,000
do not know who took the receipts either the Pres
dent Treasurer; Daniel Drew was Treasurer Fisk and
away before the parties separated had all been
settled before left have now stated all that re-
collect; do not know whether left Mr. Eaton there;
/ think the first to leave; either Mr. Rapalo or
Mr. scheI think both. SAID that Mr. Vanderbilt had
said that the settlements might go on; never heard ar
Rapao say that Commodore Vanderbilt did not care
any thing about settling the suits; the suits OF Sche.
Boodgood and one IN the name OF the people were set
tied; think agreed verbally 10 Withdraw me SUIT re,
Drew were present when said II, aud think Mr. RAJ
PABLO was; do not recoeot ANYTHING that was said In
regard any other SUIT than those mentioned; could
say by what attorney my SUIT against the Directors
was commenced MI frG was any co@Ms a cannot
the defendants to the action. were tho Dl-
rectors Of the Company, or "a portion of them:
obtained an Injunction, but l do not know who from
do know who were the attorneys on either sde nor
in what state the suit OF the meeting at
Sir Pierrcponts; think the Injunction had been served
upon OF the Directors the President OF the Com
! M Ss SsG M DAVIS .s SUI HeSTy
Thompson. Mr.. Jas. 3. Whitney, and Frank Work were
papers his hand. and know they served Mr..
Davis; have not in my possession copy OF the
plaint / cannot inform you where il can be
Vanderbts house; it was the next day after
present Mr.. Fisk told him that nere had been
ing Mr. Pereponts house, and that there had been
settlements made with the other parties and
wanted know what terms could be made with him |
asked him much stock he had and how much II had
cost him. and how much his loss on IL he said he
wanted to consult two other parties and he would meet
either that evening or the following Mr.. John
Stuart and Mr. Banker were the gentlemen he wished to
consult the thrd interview In his residence that
day the following evening" no other person pres
ent; II was at his house. III tho recepton'room; We
stated that we had come to talk up the matter;
no said he wanted To sell the whole slo,OO0000
he said IL would take the stock and settle with him.
there would be peace and harmony between the two
roads; the stock he had mixed OF IL the
100000 and tho rest Of IL OF other Isscs; asked