The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-04-07
MORE ERIE.
The English Shareholders and tho Coleman Ee~
ceivsrship-A Wagon Lead of Hooks
from the Erie Railway Office.

The reference before Mr.. Kenneth G. White tho
Master appointed 10y the United States Circuit Court
to take testimony In the case OF Heath ana Raphael,
the English shareholders, VS.. James Fisb, Jr, and
the Erie Railway Company Tor the parpo'c OF ascer-
tanning what has become OF over sixty thousand
shares OF Erie stock claimed by Heath and Raphael
to have been illegally detained from item by the
defendants, was resumed yesterday afternoon at
two O'Clock.
About half an hour before the reference began q
great wagon, drawn by fsur horses ana driven by q
man as fat as Fisk himself drew up at the door Of
the United States Court. This wagon contained
about five hundred and elghty-four looks, In which
recorded transfers Of the stock claimed ~ be the
property OF the plaintiffs, ana which books it seems,
must undergoa scrutiny at the hands Of the Mas
ter and the counsel engaged In the examination.
The remark was general oil round that II the Master
is compelled 10 wade through this immense library
OF Erie literature his patience and his strength can
not fail TO be severely tried.
A portion Of the contents Of the wagon having
been deposited the room the li,vesrie alton
was resumed Mr.. Mortimer Smith, ths Assistants
Secretary OF the Erie Railway Company. was sworn
aud examined. He said he had held this position
for about a year and hail. The secretary Of the
company Is MIR. Horatio N. ous. Mr.. Otis has
charge or the transfers OF Stock bat he had put THAI
DUTY on witness, who checked the transfers and
signed the certificates. For about year the w.t.
ness had signed the common stuck ceItilcates. He
remembers checking the transfer Of stock made by
Mr.. James Ii. Coleman rs receiver. He supposed
the transfer was made, but lie hat not the transfer
book before him.
The transfer book In use for The month or Scptem-
Der, 1870, was produced and placed before the Wit
ness who was asked by Mr.. Southmavd Does this
book contain all the transfers rnat nude on.
The 9th of September! Wltuess-l don't know; Ibis
is the ONLY trunsfer book see nero.
q. There was separate transfer made for each
A.. | L
them; I checked them OIL.
q. Under whose supervision did the cinceillng OF
The original certificates, which were received on this
transfer from Mr.. James IL. Coleman, take pacey
A. Under the Supervision OF john T.. linton, the
transfer agent; witness cOulh not reIl what had be-
OF tue iglna certificates that were delivered
upby MIR. Coleman upon the transfer OF those shares;
they must have been given 10 the transfer CLERK for
the witness checked them; when they were
cancelled they were sent 10 the AUDITORS office. A.
for live shares was here produced and brought to,
the attention Of the witness. There was round cuG
or hole in the certificate He had, he SAID, nothing
to do with the cancelling Of tue certificates alter
they were brought back. lie could not tell or ex-
plain what that round cut or hole meant He had
no Idea what 1t meant. The persons who practi-
cally did this cancclling were Mr. Hilton and nls
brother. VINO was his assistant
Counsel for the plaintir admitted that tue certif
cate was cancelled ana, alter referring to other GER
uhcates that had been Cancelled said he observed
as In the other cases, a round mole pnncned
through them. wnlc none oi the other GER
licates IN inc book hal the same marx;
tell--tIid not know what that roand hold meant.
Counsel for plaintiffs directed the attention oi the
witness 10 another certificate which We're written
the letters and figures Ii. c. 1905 and asked am H.
he knew in whose handwriting these were and
what they meantY The witlcss SAID he did NOT
know in whose handwriting they we're or what they
meant
q. Is IT usual to lnd such things Oh cancelled
transiersY A. Parties holding them could make
marks on them IL they liked.
z. Have you any clerk in connection with the
transfer OF stocks whose inltias are II. or A. No.,
sir.
Counsel Tor plaintirs-I do not see any such thing
on any OF Tie other certificates nave cx AHMED.
on another OF the cer,idcates, al The top were
the letters H. 40, IA. Witness 10 reply TO counsel,
said he aid not recognize whose handwfiting THESE
After otner certificates, corresponding with the
NUMBERS OF those claimed 10 he tue property OF
Heath and Raphael, had been examined ana ad-
United to been cancelled, the tuTther nearing
OF the case was adjourned 10 tomorrow Saturday.