New-York tribune., 1871-03-30

To stock MT. EvarS tncn mOtlon
for an injunction restraining them from making any
further issnes, pending the decision on the demurrer
Mr. soughton opposed tho motion ana onered 10 supu
stock should I've issued for the present Mr. EyarIs ue
cned to accent this d or ,he I reason % nunsea .na
| for contempt Of Court. THIS motion VIII DC Mgueu
to-day.
JUDGE BARSARD's RECEIVER BROUGHT TO AN
ACCoUNT-How THE 6O,056 SHARES WE'RE
MANIPULATED.
Thus far, the only tangible result OF the
transfer Of the Erie litigation to the United states UT
cult Court. is the examination Of James IL ooien''
who appeared yesterday before the Master In Equity W
tell what he knows about the 6OO56 shares Oh Io
claimed by Heath and Raphael. Mr. moika" ,., o,
Eries numerous attorneys, was present pu' NJ u mo-
he came in obedience to summons iron 'no 'i"'..
and not as "a representative OF the Eric COMPANY MI
v,dorI ,,os also in attendance, and stated that he
appcared not "a attorney for one In particular pt
a. sort of o,nie,ts omnt,m" Mr. Choate conducted the
| examination and Coleman testified as follows;
am the rec reooed sp Heath and Raphael have not
cony of the original order OF the Supreme Court appoint
receiver reeeea Yea no ti S a fbe making
of the order: it was served upon me Al my ounce ny @
action as receiver qualify by executing the BOND
directed by the order. which bond was approved y me
Court aud filed in the County Clerks Office prior 10 he
fling OF that bond did not receive anything referred To
in the order the day received called az lhe once
on the Elle haway SoinpS ano anc am "ute conadent
that made the demand TO Mr.. Fisk; OF my assist
ants accompanied me no else was present TO my
knowledge on the part OF the Erie Railway Company;
had with certified copy Of the order; on making the
tifcates were in the charge of william d. Harris called
on Harris and found that he had gone up town this was
on Saturday; called again the following Monday aud
made the demand of Harris the office of the Company
O. What passed between you and Harris at that time
ten bundles of certificates of stock the Erie Railway
and preerred there were shares OF preferred
stock represented by single certificate, separate from
the ten bundles the certificates tied III bundles
and counted over TO by Harris and another man,
produced is a copy Of the receipt. gave on
that OCCASION and the initials, 81. H. c. where they
are in my handwriting the certificates received
RCsGda by in the snts t m OF of
lowing, when caused the stock represented by these
Company and these bundles were again counted | was
presented when they were counted on the 2th OF june
IN the Directors room OF the office OF the Erle RAILWAY
the bundles were united, but certif
bundles with personally. when lett and deposited
them in the safe Deposit Company; was stated at the
Harris and myself counted over the whole of these
bundles and were engaged for three or four hours
left nothing when went away but the receipts while
these bundles were with the Safe Deposit Company had
the key and passport and in that interval am not aware
that performed act as receiver under the order o
the Court took no steps to have the stock registered
for not doing 50 was because l was absent at Long
d Lot SsDg er on e name Sm % 10 Se Of the
Company at their Office and two certificates were issued
TO me, which here produce
THE certificates which issued by J. Gould and
the secretary Of the Company were then read ana re-
ceiyed in evidence.
O. What took place on that occasion when you naade
the transfer A. went there, taking with me the bun
dies as they lay in the Safe Deposit Company they
again counted; went with Otis the Secretary
Harris and another man who signs himself W. j. H;
quite positive that Gould was not in the room
had previously informed them of my intention TO make
the transfer; ] think the notice was sent to Gould
that intended have the stock tranierred 10 me ta
then counted cOrrespOnded with the stock when
placed in the safe Deposit Company; at the same inter
Company. received the two certificates which pro-
charge OF them signed my name TO the transfer BOOK
the manner of the transfer; l signed separate
transfer for each of these certificates, and then
signed two receipts for each OF the certificates
produced today presume Otis had charge Of the trans
fer books; while the interview lasted nothing done
with original certihcates they remained on the Ia
BILE and when left they tying up again nOn large
bundle; the bundle united except for the pur
pose cOuntng there nothing written ON any or
these certificates for were very careful In dealing
with them. -, 80
O. Who was in the room when you left. leaving the 10
bundles on the table A. think Otis and Harms.
A. g no. Have you seen them 'm''' or any one 'D'"
o. And OF course had not possession OF these 10
bundles or any of them sincei A. No; never saw
heard of them would not know Harris N saw MN
the street, aud have no acquaintance with Gus
At this point the case was adjourned