The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-04-21


; finally said-n they were in the safe IL would bs
done; would obey that direction.
Jay Gould's testimony was theo resumed
U. Now, Mr. Gould, VIII You give that direction ~
Mr.. Hilton or do you decline 10 produce snch or tnes
books ~ are called for ia the order OF tho Master
clerk A. u have, by tue rules or the associatons
power 10 give That order Will give H..
su e p nr,s you aeene 70 say whether yon VIII give
90 not know whether have the right TO give II OF
not.
| The Master-You have not given proper answer
! TO the question DO you or do you not decline 10
give those d,rections, a. a long pause.) suppose.
The Masler-rhat Is not the question. YOu have
no right TO presume anything OF the KIND. l repeat
the Observation-Disclosures yon VIII or win not give those
direcllonsf A. trhe witness, driven into a corner.
paused again.. Before ] answer that questlon {
should prefer 10 know my duues precisely III tilts
Mr.. Pierrepont-rhen Mr.. Gould declines 10 an!
The Master-Does he say he Declines A. ! navd
not anything further TO say on that matter; II that
Is declension stand by the answer.
the Master-DO you decnnet A. stand on my
Mr.. southmayd asked the Master TO positively I'M
strnct the witness TO give directions 10 bring those
The Master observed that he had already gvcn
him such directions. You (Mr. Southmayd) can
serve order on HIM again II you like. The Master
then put upon the minutes an entry that ne here dr.
rccted the witness ana had heretofore directed him
by written order served upon him TO Drolnce inc
books called for In such order, or TO direct tneir
Witness-can,t you specify the booksq
The Master-Tney are mentioned In the order. !
Mr. s0uthmayd-What do you say to that, vic.
The witncss--I have already given an answer.
The Master-That Is no answer ut all. Here IS q
person, the transfer clerk having physical cOntroq
OF the BOOKS, and you decline to order him to bring
them here.
the witness Il don't propose to dispute any OF
your ORDERS 10 be dlscourtcOus. but IN this mate
ter do not know my powers You interrupt tha
Treasury m $4,000 or sgJo oye eve EVERY
TO do It, II such power IL invested In me VIII 10 M
The Master-The road Is entitled 10 some consld-
Grafton Justice also requires consideration: but the
road must give way to the interest OF the latter
Mr.. soulhn'ayd, If you desire you can go furtheS
MIR. sonthmayd-you intend TO certify TO tho
Court that Mr. Gould statesabe declines to produce
The Maser-Ycs; that not only does he decline 10
produce the books, but also that he Will not give all
ORDER for their production.
The Master-No, sir; 1t il no answer at all; YOU'D
counsel even, does not claim that IL IL.
Wness-It occurs to me that have given you
good common sense answer. In reply TO Mr. south.
mayd the witness SAID the executive committee 0l
the Erie Railway Company was composed 81 Fl'ks
Jr. William NJ. Tweed, +. A. Lane and himselis
None OF those gentlemen to his knowledge had cons
troll over the books.
@. Has ANYBODY control over the booksS A. Z
have answered that BEFORE TO answer IT intcgenilX
nave to look at the articles OF association and
charter OF the company (Merriment IN COURT
Won sent four loads Of books from the ONCE which
books directed tC be produced. From where do
you get the authority to send them A. ] cannot
say, unless IL was yours /.
o. Where did you find the authority TO send those
books heres A. They were books OF cancelled
stock.
0. Where did you get the authority A. | must
have assumed II.
q. The order was compiled with when you gave
IT. A. l suppose so. =
O. And n you took upon yourself this authority
again 1t would be Obeyed A. l have never given
thought to the SUBJECT
Mr.. SOuthmayd ntlmate1 that he should apply "a
the Court in regard the evidence or Mr. Gould !
and IN rnplv Tn
several other questions TO ask the Witness but hd
could not ask them without the books.
The Master then adjourned the inquiry uniiE
twelve O'Clock on Monday, and directed all the wit
nesses to be in attendance ~ that time.