New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-11-26
Go1ID's LINE OF DEFENSE.

T. G. Sherman, yesterday, obtained an order
in tho suit of tho Erie Railway against jay Gould 10
show why the order OF arrest against Gould should
not be vacated In the Supreme Court Chambers Judge
Fancher also granted order In connection with IL 10
take the dispositions Of Horace T. Clarke and Augustus
schell to be used on tho motion, on Monday.
Mr. Goulds own affidavit denies Peter II. WatsOn's and
Henry n Smiths affidavit in general terms, admits that
Smith was q partner Of Smith, Gould & Martin, and as
such might have the contents Of their books, but
states that to all matters Of fact stated In Wasons
aidavit they are caused "a appear in false light by
the suppression Of other facts which must have been
known to Henry n Smith, from whom all Watsons IN
form alton as to the transactions Of Lis firm must have
been derived.
For instance If is alleged that the purchase Of Erie
shares SOL AZ In 1862 when the real prce was VIZ pu
tho purchase had been made at various times in 1867
when tho average price fully s6l 20; that WATSON
knew that release had made to Gould OF oil these
matters aud purposey suppressed that fact and that
this release was made al meeting at which neither De
LOT Fisk was present; that immediately prior to ana 81
the time OF the arrest he had been actively deanng IN
Chicago and North Western stock TO advance It's priee
that Watson knew that release had been made TO
Gould of all these matters. and pnrpoely suppressed
that fact and that this release made at meeting
at which neither he nor Fisk was presents that imme
diatey prior to- and the time Of the arrest Gould had
boon actively dealing in Chicago and Northwestern
stock 70 advance its price and that those TO whom tho
management Of this action was committed were eu'
gagged IN depressing It's price that the plaintiffs at
toruey under the encouragement of Smith, Drew, VIII
liam r. Ttayers, and other Spectators for the fall,
songht TO have Gould held to bail in s000 under the
impression that he could not get such bail and would
be compelled to remain under arrest; that panic
would have been produced upon the market, and he
states his belief that such result contemplated by
the attorney in the action and by the others he named
ana that thus the Erie Railway would never have been
able 70 recover anything from him If anything was due
The following is Judge Fanchers order;
SUPREME CoURr-The Erie RailiCaB Company agt Jdy
GOuld.-UpOn the summons and arrest Ierip, ana the
papers on which the was based, and upon The an
neIed affidavit OF Jay Gould, certified hereunder 2oth
November 1872, and upon such other anaayits anu ma
papers as the defendant may serve ut least two days b
fora the hearing OF the said motion, and ON motion OF
Field and gberpan attorneys for the defendant,
O. Let the plaintiff show cause st special term OF the
Court 10 he held at the chambers thereof In the court
house in the City Of NewYOrk on the first Monday OF
December 1874 az ~ O'Clock why the sad order OF
arrest therein should not be vacated or why the amount
OF bail therein required should not be reduced and why
the defendant should not have such Other OF further or
ders as may be Just with cote Of TINS motion
Nov %, 1874 T. L. FAScIlER, Judge supreme Cont