The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-03
THE ENGLISH ERIE STOcXH0LD sRS' WAR.
Motion for Attachment to Produce the Ledgers-
Jay Gould's Affidavit.

Another general field day came or In the United
States Circuit Court yesterday in renewal OF the
legal joust between Heath and Raphael as CON-
plainants and Jay Gould and the Erie Company as
defendants The affair came before Judge Batch
ford on motion for attachment 10 take the corpus
OF Mr.. Could into custody and deposit the same
not in the Tombs, but IN Ludlow Street JAN, until he
shall have complied with the order Of the Master
appointed by the Court Mr.. Kenneth G. White. to
produce for examination the books OF the company.
Mr.. Beach, counsel for the company, opposed
the notion Messrs. Southmayd 4 Evarts claimed
the motion on the ground as well put, that
while Mr.. Gould said he would produce the
required books at the Offices Of the company In the
Grand Opera House, the case Of the plaintiff was
that the proper place to try a legal question was
Lot where the light fantastic toe prevailed, but
where his Honor could sit In Judgment upon mat
ters he was more familiar with than legs After a
fully reported IN the HERALD during the examina-
ton before the Master, the Court reserved It's de-
clsi0n.
JAY GouIp's AFFIDAVIT.
The following is the affidavit OF Mr.. jay Gould in
his answer to the order OF the Master
way Company, this defendant Informed,
e. this ,s 70 csruS or FIJI
books q sa h the sad this
S sen DC
and 30 Of s he:
depo: the Offices Of sa,d That while there
] ne n
&c s s ,s order :n By Ss
daily .. said ns and e likely 80 n:
depon.n. and each q The olees Of said eoeany FAR
sSs may 70 heir
Sis 2" mad s
ponent as president OF the company, offers 70 40 So
the sss d
Of his court nor from any desire 70 prohibit Their
Ibis dsponsas authority move them
said or order suca as he had been ad
% G pa s Ss If ha g
csuseless injury on said company;
s a % u e ss s ns
1 .1 say Of M SSt that S he
SAID stock IN The this action WAS
s deseoed and ss, snch as
sssSs IS ~
esn % ss q ss wsa
Ss,i 81. , instituted II 4. sHpsms SsS
and 70 e z.
@ @ ss sssae * hs As
g. mot % a the w ssna
and new sut instituted in said State court with the
objects which are now pending 10 that court and rs
record OF this In this action that this action, by an
Of thr said supreme Court Of this State, made Its
removal to TINS court tho LEO shares OF stock mentioned In
the proceedings then in hanc OF the receiver duly appoint
by said Supreme Court, directed to be surrendered
by the said company and to be by him
changed FOR certificates thercnpon issued TO him as
ush receiver that such surrender aud exchange were made
for the 6UU shares were, In obedience TO said
order tn said receiver and certificates
issued hcrcupon 10 him by said company that said order
aud before this action removed inso this court
order OF the court, and the has since re-
NAMED IN force and unoered -.
That dponen wish DESIGN nor has the said
10 his knowledge, to prevent Or hinder the dub
of the substituted shares ssued 10 pad
ceyer; but the contrary for the purpose OF facilitating
required Ivy the rules OF the New YORK stock Ex
change preliminary to the registry oil the newly issued
nonei in the proceedings, the time oil which issue
expire abou, ecn days, whereupon no obstruction
will exist the registration oil the ceTuncates ny the re-
this denonent further says that the Issue OF 10000
shares OF stock mentioned 10 the Masters return here
wns require by the necessities of said company that az this
adyised mi believes was awluly issued; that
the those ceacatcs 40 as aforesaid surrendered ~
said receiver basis FOR the registration OF said rev
solely the delay IN Its issue which would
follow compliance with the rule OF me stock
Exchange giving thirty days. nvce OF such intended saue
ha j.bcI certificates would have answered
that athonEh as TINS deroDen ADVISED
believes, inquiry into the circumstances
necessary and affecting ls taIdy
not In this action nevertheless ordered by ths
nvest,gai,on In ilc rlannr bereoe Org afforded and he
eyes Tho aid company AMI each oi It's oMceis VIII
DO 40.
After hearing counsel on either side at great
length ino Court took The papers and reserved ie-
clSion.