New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-04-26
THE COURTS.
GOULD's CONTUMACY.
REPORT OF THE MASTER IN EQUITY IN THE ERIE
INVESTIGATION.

REPORT OF TIE MASTER IN EQUITY IN TIE ERIE
INVESTIGATION.
Mr.. Southmayd submitted, yesterday. to the
Master Equity for presentation to the United states
Court. the following certificate of the proceedings ha
before him i'm the Erie inquest
Kenneth G. White he Master named in Tie ORDER made herein on
te h ts Of March h Do hereby oeIy % the Cor lh, 10
tht necessary said order th e should
birce tef certain books and documents decrbcd
order hore anncSs ssne By ps an, dated the 4S Sy n
the possession Of Toe Be Railway Company The yd nee BE-
ysh Poda,oH as IT, sane was duly served upon or f b
ary . aPpea the avis Of such service sled with and VII CD
hereto sunoEL And further certify that said order has ro n IN
s os AMI that there has leen failure their par, .ePeo
serD sa c s S d1oion Ss s Horso 6
fta aid COmpn appeared before me and SP0a .sn S S %
documents. any par, ihereOf s.l Gould Tie Pre-,
Snsr :.d Simmons and ,nsI SsoRa Ss ihe books
Of said and although appeared At such books Snd
Ts's 10 NE s''ss s5.s Of PCs We ne Te me 4
he would give such d he declined 10 give any sues 9e OF
ents OF any part hsrs.f although required HIN to do 80 well By
rrnai ora eetGn as ~ ne sall M oap ~ as P.
under lie Aees Of Association charter Of the com any 70
50 TcoSr S,IS ofhi@
Upon the reading OF this certificate, Mr.. Lane. one OF
the directors who has to all appearance taken INC
place Of Judge Pierrepsnt counsel in this case, S
want the certificate modified by striking out the Woru'
"Order reference" do not suppose this Is poo'u
ing under an order of reference 100 von can OBJ
MaStCT-li il is not an order Of reference ~" WIN
tain justice from the Court. . r,odiOed Inv
Mr.. Lanc-I also want the certifeatte, galce and
striking the words, his personal a - tbe
although he admittedsha he had general Td that
books OF said Company, aud ain1 tb afi charge of
employees Of the Company, who would oDeS Ms ul 49, @
as President 70 bring ana he declined to give any
such directions or produce or cause 10 De Proo01
before me the said books ana documents, or any l'
thcrcof and putting in their stead the words, lur-
ther certify that the annexed Is true copy OF the NJ
doncc taken before me III TINS matter anu vi WIN" "'
cerfi0catc il made" .,
MastS-T shall certify something of the facts then. if
the testimony required to verify, or ON your part 10
CONTRADICT or in any way modify the facts it can he re-
fcrred In my opinion the wording OF the eeincIt
of the books documents in the actual charge OF MS
employees who would obey his directions in regard 10
their production Mr. Hilton said that they We're III hls
control he had the key of the safe tnat ey are
in, aud that he would produce them II Mf, I0H 80 or
dcred him. Is that nsstatement OF Iacts III 1s 0'i
MIR Lane-There is : Hilton merely testified to the
Master1Then comes the statement, he declines to
give any such direction or to produce 10 be pro
dnced iefore me the books and documents or any OF
them" asked him If he would give such an Order anu
he refused TO do so / don't any msstateuent OF
facts in the certificate so far as the testimony is con
cerned you call for it at any moment TINS Is sci
ton OF iacts ALL here it can be brought before the
Mr.. IAnc-I want my objections noted.
Master-I will see that done. -
The Master then signed the certificate which viii prob
motion will be made for order from hln for Could 70
produce books and documents he has this lar 50
cOntemp tuOusly refused to produce.
DIPLOMATIC CABLE DISPATCHES IN LITIGATION.
WASHINGTON, April 25.-One of the cases be-
fore the Court Of Claims to-day the NewYork, New
foundand and London Telegraph Company agt The
limited States This a suit for large amount OF tolls
on cable kilograms sent by the Government 10 foreign
Governments during MI Stewards term OF office as sec
Rotary of State. motion TO continue the
case was urged on the ground OF the ne
cessity OF obtaining further evidence from Mr..
Seward. The Court held the motion under adyisement
and will decide it tomorrow The amount claimed to be
due s22O the entire amount Of the bill for ocean tee-
grams sent from Nov TO- 1866 TO Oct 1867, being s5540
In coin Included in the Indebtedness is dispatch from
Seward to BgeOw 1850 co. chargeabe in gold there
being AZ words in English and 1914 in cypher. The
largest amount apart from that just mentioned
paid in gold by the Department OF state
was for dispatch from Seward 10 GOrtschakoH ST. Pc
tersburg about 1.-THE Alaska treaty, numbering loS3
words and costing 1856 So 1t appears from the dOcu-
that Mr.. Seward could not sanction the items for
the unpaid kilograms other principle than that
kilograms be paid for not cphers but as words
Peter Cooper IN his petition, President OF the Iee
graph Company, says the services were performed
in the manner set forth, and the United States
were bound by Stewards acts i'll their behalf
and should make payment for transmitting sald mes
cages by cable according the tariff of charges then in
existence and which were posted III the telegraph once
of the War Department, whence these messages were
sent and which tariff of charges known to the Secre-
tary OF State the time OF sending the messages ana
AT the time OF sending and paying for other messages
similarly and charged In the accounts and pad Tor
AT the tariff rates as charged.