The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-04-15

tS0o0n 70 this Heesh ana hapheei stoo1T NOW 0su
M. Morgsn-Give the words-what was said.
What did Mr.. Gould say ~ your
o IL has reference to the thirty thousand shares
which you say you sent DOWN.
A. These new certificates were issued IN lieu OF
convertible bonds and these OLD certificates, p0r-
ton OF the sixty thousand shares-there may have
other outside certificates that were presented at the
Ofice-were sent down 70 save the DELAY that would
occur N giving notice At the Stock Exchange.
these convertible bOndss Objected to. Al0wed.)
A. Not that am aware OF.
he asked you to take Heath and Raphaes certificates
down to the farmers Loan and Trust Company to
what he said TO your A. think nave already an
oounsei-No; you have not said word of what he
me Master--You said ne told You to take them
down, but not what be said to You.
A. have already stated that ne told me to take
The Master--That Is not ON answer.
q. What aid he call these certi1cates7 What de-
scription did ne give OF thems A. do not recollect
what ne did call them.
@ Did ne tell yon take Heath and Raphael's stock
down there? A. have already stated that he gave
me directions 70 take them down.
The Master-Thar Is not an answer.
q. When did you get your directions 10 go to this
place with certificates that belonged to somebody
else 10 use for this purpose?
The Master He has not testified what Gould told
him. When MI. Gould gave you those directions
A.
and Trust Company these certificates TO be regis-
tered.
O. What certlncatesS A. New certificates on
which convertible bonds had been Issued in lieu.
O. That understand. You say you were directed
to send down sooso shares to be registered which
had been created by convertible bonds. You
loan and H. Trust Gcapany part 1s he
this form OF the question was objected 70, and
finally, IN reply to another question. the witness
stated that he knew, as matter OF fact that II he
t0rmerS'
ana Trust company to ne registered a by them with
tha e se r ne
made; Mr.. Gould told me to send portion OF the
STOCK, which was in the receiyership q Coleman,
down TO the Farmers Loan and Trust Company to
stock issued; do not recoiect how he
sares had been issued for Convertible SonGs
from the fact that before issuing new stock re-
ence to my books wnen l first heard Of this new
issue OF $4,000 shares being made or to be made;
issue was made; there were two Of them; one was
for COO 900 and the other for COZ 900; do not
recollect who filed up or drafted The body Of these
bonds: do not now recOlect who signed them;
presume the bonds are In my Office; do not reCOl-
lect IN whose favor these bonds are; am not
do not know what particular branch OF the
estabshnept makes convertible pom a.; 40 not
Office iwoud nave to ieier 70 my ooSs to tell q
whom have delivered out the 10000 shares regis
tered IN the Farmers Loan aud Trust Company;
from the Farmers Loan and Trust Company and
portion was not: 1t would be necessary for me to
handed any Of those certificates to Mir. Gould; do
not remember whether had any conversation with
tered in the manner have testified.
q. Has there not been cancellation BY the round
punch hole OF more than 10000 sharesP A. Not by
nae, not that am aware OF: do not know the fact
that they all have the round punch hole through
them; can give explanation of the circumstance
of the round punch hole being in all OF the certid-
Gates, the preferred stock included.
Q. Do you not know that fact? A. No; do not
recolleet il they sent the AUDITORS Office be-
fore the order Of the Court directing be sent
to Heath and Raphael gave s directions Si 70 have
to the %asa S oe S 4'' ' a' 'ns
q. You never sent those certificates Of preferred
ever direct that to be done Were they ever sent?
A. No. SIR cannot tell how they came 70 have that
reaues or the STOCK ledger Of Inc con
pany Is kept at the transfer office by myself and
assistant myself and my brother; there has been
but one stock ledger in use since the month OF June
that ledger a s
cut the certificates Of the 10000 shares;
asy a are II ny tn S %nsn for
December 1870 and January, 1871 can be found In
my olce keep the daily register Of balances; that
would show the basis on which those issues pug-
ported to be madei that book OF daily balance Is to
be found In my 0nice
After some further testimony, as to certain matters
unO eHrleS Ill Tie DOCKS Oh Inc company,
Mr. Southmayd minated that he could not further
proceed with the examination OF Mr.. Hilton to-day.
He must have those books and papers referred 20 by
the witness, the stock ledger. the transfer book
the book from which tile certificates Of the $4,000
shares were cut, the daily balance and the CONVEX.
tible bonds.
Mr.. Morgan said there was no unwillingDess on
the part OF Erie to produce books or papers. An.
other ORDER to be served upon the officials OF Erie
Tor the production OF the books and papers named,
was then made out by tho Master, ana the further
hearing was adj burned to Monday next.
The Service Of Subpenas on Eric Witnesses.
On Thursday evening Deputy Marshal Smith
ceverly succeeded In serving subpGnas upon the
Messrs Hilton transfer clerks In the employment Of
the Erie Railway Company, commanding
them to appear yesterday before Mr.. r. @.
White, the master in equity. and testify In
relation to the certificates OF Erie stock, now the
subject OF judicial investigation At the time OF the
service the Messrs Hilton were IN Jersey City, where
they were, 1t Is alleged, evading the process OF the
court, and evidently under the impression that
summons from the United States Court in New York
could 'run' their side Of the river. In this,
however. they were mistaken, as the subpoena was
good for 100 miles from the place where 1t was
issued Both OF the parties were in court YESTERDAY
and IL will be from the report given above that
one OF them was subjected to Q long and searching