The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-04-14
THE ERIE WAR.
A Spicy Session and Interest
ing Developments.
"VaCati0n'' for Erie OMciaIs
Before the Time.


Court to inquire what has become OF the 6O,oo4
shares OF Erie Railway stock claimed by Heath and
Raphael the English shareholders, to be their pro-
perty was resumed yesterday morning at haf.past
ten O'Clock. The suboined report disclcses pro-
ceedings exceedingly spicy in themselves, and very
important when taken lii connection With what has
already transpred In relation to the unwilllngnes5
OF the Eric Conn., any to submit either their books or
their officials to a thorough examination In this ex
traordinary litigation.
Mr.. Southmayd appeared as before, for Heath and
Raphael, and Mr Morgan for the Erie Railway Com.
pany.
Counsel for Heath and Raphael called for thepro-
ductlon OF the books OF the Erie Railway Company
containing details OF the Erie stock issued during
last December and January under the order granted
by The master on the day before.
Mr.. Morgan, for the Erie Company stated that he
was unable TO procure them last evening, because
the Office OF The company was closed before the
master had granted the order. lie was willing to
facilitate the investiga tou but he thought that the
COO books or Erie now before the court, and in its
custody, should be gone through before the produc
ton OF any Others
Mr.. Southnayd said the inquiry could not be well
carried on without them.
CONTINUATION OF TIE ExAMyNATION--MR. MORTI-
MER SsiTru RECALIED.
Mr.. Smith, Assistant Secretary Of the Erie COM
papy, was further examined by plaintiffs counsel.
He said-ln December and January last presume,
signed all the stock certificates which were issued;
the other signatures attached TO them were those of
Jay Gould and James Fisk, Jr.; don't know that
MI. Gus signed any OF them; the transfer clerk or
his assistant made out or filled up The certificates;
Mr.. 10 I'M A. Hilton is the transfer clerk his brother
IS his assistant; they are usually to DO found
In their office, but l. don't think they could
be 1onnd there to-day; did not see him
there yesterday; do not remember now when last
saw him there; think | saw his assistant within
fortnight At rhe Office, but do not reccllect the
day. TO the BEST OF my knowledge have not seen
either OF them there within week; II they were
there might have seen them: would not see them
ne aeS Sgapy = o% syss d g03 GnSs
| ONCE; II counsel sent person with subpoena to
serve these TWO Hiltons, aud was asked for direc
tons as to the room in which they might be found,
would send him IN through the Eighth avenue
entrance to the treasurer's ONCE on the ground
desk OF the Hlltons is accessible to the public; the
q. When were the transfer books closed? A. i do
not know wnen they stopped.
U. by whose direction was 1t done 7
or mrs stated at 6he notice ssh, 10y 6s
examination. What was counsel driving ar
Counsel for plaintins-We want TO find out how to
come nc something about TINS matter. I'D 10 the
present no spirit OF development had been shown.
The Master ruled ihal the question was proper
one.
A. The transfers were closed by order from the
President Of the company; received On order Tom
him TO publish notice OF the closing OF the books;
THINK got that order last Saturday.
q. Is Mr.. OTIS, the secretary OF the Erie Company,
in Attendance al the Office today A. have not
seen him; nave not seem him there SINCE Monday.
O. Was he there during last week. A. MI. Otls
has been sick and away great deal.
U. When did he commence to be 'sick ~ A. He
| has been unwell Tor the last ten days.
| Mr.. Southmayd here loosely remarked that that
was about the time this inquiry was nienCcd
| before the master. This was evidently palpablc
| nit. causing merriment in the court ROOM
i I'm
,,ons- 40 not understand that MIR. william Harris
was employed by the Erie Railway Company; he was
way Company; MIR. Harris did not act in that de-
partmcntas clerk tor the transfer and registration
OF Stock ne occupied desk In the treasurer's cicc
O. was there any desk devoted to this registration
connected with this registration oil stock with the
farmers Loan ana Trust Company A. The trans
fer clerk attended to everything connected with that
| o. DID not Mr.. harris attend to receiving for OK
animation stock which was LETT there ns pIelimi-
aay step y getting reaa5 l ior tine Farmers Loan
| any way with tnat department: don't know that
he acted in that capacity IN that department.; know
as q matter or TACT that there has been @ regis
traton stock OF the Erie Company at ONCE OF
the Farmers Loan and Trust Company since the lall
OF 1909.
q. Did you know that IN order to have certificates
registered there 1t was necessary they should be
moi know that was necessary; all know Is that all
| stock that passed through the Office had to pass
as know Harris had nothiug 70 with that depart
ment, or with the registry OF stock In any way
with STOCK certificates; il was his custom to DO at
other clerk; ne told Inc that he WAS going to Flu
rope, but do not know vne,her he has gone or not
O. Are you aware mat a subpoena was issued for
Mr.. Harris ut the same time that you were sub.
p1naed, and that lie could NOT be found A. l was
asked by person where MIR. Harris was. and
stated that he had sailed for Europe, for when we
last met he hade me goodby. daughter In courr.)
q. Did lie tell you who sent himY
objected TO. The question WAS not pressed.
q. DID ne state why nc was gong A. lie said he
his desk saw MIN there on the Thursday previous
to the service Of the subpoena on me; no one else
occupies his desk; the OLD stock was surrendered
TRANSFER clerk kept record OF lhe old stock suien.
dcred ana witness checked 1t; II was kept IN book
called the "daIiy balance.D
q. Does that book show the Surrender OF the old
certificates which are the basis vi the new issues
two aud half inches III thickness; al the transac.
tons from TIE 18th OF December 1870, to the 10th OF
January, 1871, are contained thcrcln do not look
at the original certificates OF stock that "a the
duty OF the transfer clerk; tho books containing the
nary last IN the possession OF the transfer clerk
| or the auditor, Mr.. q. 7, MorrissDi remember
nothing about the transaction OF the issue of ceruf
Gates IN December and January last to Il. r. Willard,
Willard, Willard Martin y Beach, De Forest, WI
lard Co.; and William Heath 4 Co: 1
| way, but until tho certificates are produced I
can give no Information on the subject; could
randum OF oil the certificates signed.
bnt l made nv mark on tho daily BAL
| nuce; no HoI remember anything ABOUT tue
Issue OF stock 10 those rartes these matters are in
| charge OF the transfer clerk exclusively; | have
nothing TO do With the transfer registration OF
stock, except merely TO sign the cerilcates and
| check the daily balance In the manner have de-
scribed; neither have anything 10 do with the pro-
ceeds of the stock accounts: thc auditor has charge
Of that; the books IN reference TO the funds OF the
! company are kept by justin d. White, assistant
treasurer: he was nc the Office Yesterday; saw him
| there; slw Mr. Gould there TINS morning.
q Is 1t possible for stranger to get access to Mr..
GnlldS A. II The stranger sends IN his name With
statement of his business Mr.. Gould will see him,
| n he is not engaged.
O. Does the sanc process prevail in regard to
seeing James Fisk, Jr, getting admission to hiJ
presencof 4. Yes; think should have difficulty
In obtaining the books OF the transfer clerk when
they are MOI IN my possession the transfer clerk
suppose, could furnish tlep, byt no ope else; do
NOT know that Mr. Gould coCll fni thoni ii tit
President wanted Ia have those books produced ho
cs-.s End for the lran..r slnrs AM DC could PRO-
dnse tH;l.. -.--.-4 .aae sc.