The New York herald., 1871-03-30
THE RECEIVERSHIP OF THE ENGLISH
STOCK.

The English reference In the case OF Heath and
Raphael and the Erie Railway Company. for the pur-
pose Of ascertaining what has become Of the 600
shares Of Erie stock claimed to be the property OF
Heath and Raphael, the English shareholders, and
now alleged to be in the custody or under the con-
troll OF Mr. James H. Coleman the receiver appointed
by virtue of an order Of the State Court was com.
menced yesterday before Kenneth G. White, the
master named by Judge Blatchford in the United
States Circuit Court.
TESTIMONY OF MR. JAMES Il. COLEMAN THE RE
CEIvER.
Mr.. Coleman was examined He testified as fol-
lows:-I am the receiver appointed by Judge Bar
nard Of the Erie stock claimed by Heath and
Raphael; have not in my possession copy OF the
original order Of the Supreme Court appointing me
receiver; Ireceiyed notice Of that appointment on
the 27th OF June 1870, but was not present at the
making OF the order; 1t was served upon me at my
oflce by Mr.. Morgan, Of the firm of Lowe, Clarke
by executing the bond, which was approved by the
Court and flied in the County Clerks ofice prior
referred to in the order; on the same day received
1t called at the Office OF the Erie Railway Com
pany and made demand for the certificates Of
that l made the demand to Mr.. Fisk;
one of my assistants accompanied me: no
tined copy Of the order On making a THE the demand
&c & the ese ~ d f
called on Harris and found he had gone up town;
this was OH Saturday; called again on Monday and
made the demand on Harris at the Office Of the com.
pany.
Q. What passed between you and Harris at that
time? A. Harris delivered to me- IN pursuance OF
my demand ten bundles Of certificates of stock Of
the Erie Railway Company-common and preferred
stock, and these shares were represented by sin.
gle certificate, separate from the ten bundles; the
Sser e. me we're iy d Harms m bundles and na s0q s
whose name ! do not remember; the paper
st Sses Il SPs 8 aa III eSep w %
they appear on this paper against the enumeration,
are In my handwriting; the certificates SO received
by me were deposited In the Safe Deposit Company
December following: on that day caused the stock
represented by these certates TO be tranferred to
me at the ONCE Of the Company, and these bundles
were again c0untedi was present when they were
counted. on the 27th Of june in the directors room
In the office OF the Erie Railway Company, and do
but no certificates were removed to my Knowledge;
TOOK these bundles personally with me when !
Company; it was stated at the time that the
bundles were left for registry and transfer; Harris
and myself counted over the whole Of these bundles
and were so engaged for three or four hOurs do
not think Fisk entered the room during the time,
and left nothing when went away but the receipt;
Poslt Company had the key and passport, and in
that interval am not aware that performed any
steps nave the stock registered or transferred
prior he 6th OF September my reason for not doing
30 was because was absent at Long Branch and
Saratoga; on the 9th OF September transferred this
stock. under my name to the books Of the company
at their office, and two certificates were issued to
me which here produce. [The certificates which
were issued by j. Gould and the Secretary or the
company, were then read and received In evidenced
G. what took place on the occasion when you
made the transfer2 A. l went there, taking with
me the bundles as they lay In the Safe Deposit Com
paDy; the bundles were again counted; I went with
Otis the secretary Harris and another man. who signs
him self w. j. H.: am quite positive Gould was not
In the room; had previously notified them of my In
sent to Gould that I intended to have the stock
transferred TO me; the stock as then counted cor
responded with the stock when placed Ia the Safe
Deposit Company; at the same interview when
carried the ten bundles to the 0ce OF the company
/ received the two certificates which produced;
01them; signed my name to the transfer book, and
transferred my own receiver OF the stock in uues
tlon; don't remember the manner Of the transfer;
/ signed transfer Tor each OF these
certificates produced to-day; l presume OTIS
had charge OF the transfer bOoks while the inter.
view lasted nothing was done with the original Ger.
uhcates; they remained on the table and when left
they were being tied up again in one large bundle;
the bundle was never united except for the purpose
OF being counted there was nothing written on any
OF these certificates for we were very careful in deal
ing with them
O. who was in the room when you LETT. leaving
the ten bundles on the table2 A. l think Otis and
Harris.
Q. Have you seen them since or any one Of them
A. No. y 'AsA1
Q. And therefore, had not possession of these ten
bundles or any one OF them SINGER A. No, never
saw or heard OF them; would not know Harris IL
saw HIM in the street, and have no acquaintance
with Otis.
AT stage the further hearing OF the matter was
adjourned to Friday next