The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-18
Ills Examination and What He Says
About Erie Railway Affairs.
JAY GOULD ON THE WITNESS STAND.
How Eis Unsuspecting Nature
Was Played Upon.
Astounding Contradictory
Variations.

growing out OF the motions In the three suits now
at issue between Gordon Gordon and Jay Gould, the
facts Of which have already been published in the
HERALD. The case came up for argument in the
Supreme Court, Special Term, Judge Brady pre-
siding. Both Gordon and Gould were in attend
ance, the former being represented by ex-Judge
Porter and John H. Strahan, and the latter by ex-
Judge Fullerton, D. D. Field, Henry +. Knox and
Elihu Root. There was large attendance in
the court room, which remained undmin-
ished during the nearly seven consecutive
hours from ten O'Clock in the morning, the
case occupied the attention of the Court 1t will be
remembered that at the previous session Of the
Court when this matter was up for consideration
the Judge decided that both of the legal contestants
must be examined in open Court. 1t was this fact
OF course, and the anticipation of Interestingly
spicy stories from both sides that attracted the
large attendance. First in order were read, how
ever, some afldavits rebutting those previously
submitted on behalf of Mr.. Gould. Among these
was the
AFFIDAVIT or HORACE GREELEY
In this statement Mr.. Greeley states that at the
time he breakasted In company with Colonel
Scott, he went In and came out with the latter
and heard all tue conversation which took place ;
he did not then, nor OF any other time place,
hear Gordon speak OF his noble relatives as people
OF title; he never heard him speak of himself,
who he was or Of his relatives who they were.
Gordon told Mr. Scott that he
an extensive stakeholder In the Erie Railway Com
pany, and conversed with him as to the condition
OF the road and as to a change in the manage
ment. The affidavit concludes as follows:-
am not sure whether 1t was not after this con-
versation that the plaintiff, Mr., Gordon In his con-
versation with me, stated that it would be good
policy to continue Goulds connection with the road.
When ] WAS examined at the instance Of Gould,
was asked by Goud's counsel whether l had
ever heard Gordon call represent himself to
be the Eerl of Aberdeen, or q Scotch peer, or a
member OF the House of Lords of Great Britain or
whether ever heard him state that he had taken
his seat In the House of Lords of England, when he
was only TWENTY-FIVE years old, as member there
body, or amy words to that effect, and answered
to these empllaticaly that never had; wish to
state further, In reference to one or two OF tho
answers given by me to questions put to Inc by Mr..
Gould's counsel that never understood from the
ticular class OF Erie shareholders, represented or
could control that portion OF the shareholders OF
Erie represented by Heath and Raphael He repre-
stockholders, and that those stockholders he could
influence. never heard him state that he had on
represented controlling interest IN the Erie Com
pany. Al! my consultations with the plaintiff pro
ceeded on what understood to be the fact that the
plaintiff did not own or represent the controlling
Interest in the company and that further COM
binations were necessary to secure TINS con-
were S that s tsrs should be perfect reeSn
cilIation between the English stcckhold-
srs and Gond and his in using the
ers generally. ! never heard the paintG state or
represent that he could procure The resignation Of
majority Of the directors OF the Erie Company All
the plaintiffs arrangements as to the election of o
Board OF Directors looked forward to the election of
Legislature. The plantir never stated that he was
promoter OF the bill providing for q new election,
then before the Legislature.
Counsel then read the afndavlts Of John V. Sears,
Henry S. Marsh, Robert Gray, Henry Haig, W. J.
Hanlon and, also, which, from the peculiar interest
tin &c rnvfp rityin in frll
the following
AFFIDAVIT OF GORDON GORDON.
lam not and claimed or represented myself be
dom and q late
peer member 81 the British House Of Lords never to
a &c Fl wa
SS scat the "nnast d
that had +
Ssfssn hi. country have statsa any paisalsls
%%S
eel then and only my counsel have given such inior
n b ny %S Mother 'as ws yss
"a ,a ssa,s
%sSs S I'll,
M 5 s %
ISra Gordon ss,dsp, aSSsvatlon foTd Scraon
sS az lie yeSsse! GA duke This The
name was known by IN Europe
Gordon uarcourt oordon rhs harsout has never
'SS y re 'nSsp, snSs
to sSn yt IL a the q 1877 ysn wn
S s,.sI liz, 'Is ,ss gSqspaly dSns
fisf dSiss ase bsy Ssi on Se3 G
"spay Tss e. tine liz s g Host thai
svS asSdn IN or cg oSTsn and wa hnggm anSsa
sTss yn@ is51i@ S o SgS s IL United
anne Ne II Boso Of
n pToyidsaec T. II c4icags n s. rsul, p Ninnc.
Jay os and %ls an? RsisSH a ssi
NJ sRs n r ss s Rave at. hsyS ed min
Soa r srope T Ei d@ @SaS Mn% ny s
S shp have GrseS y
sss:.,e asy' sn' :, yn!ss
%,sa $s n II
sS e IS
,bsas sss Rs Ss Il s. sssSs
n s p,,ss Gs$. z Ss
pusshass Of ihint between thirty ana shSassnd
sSa ha ana bes c os To
P Par %Sn "xs n Dsn sR Ra n
sas 4. sJHy
s"s''S's % sIs
end her mother, Mrs. Pa,tcn, all Of whom
had iuet while they
GUSTS E0TEL
resided Mt in st. Pan travelling com.
Gsi0ns on my arrival IN tho city took rooms ~ the
nestn'nstcr Hotel where continued 20 reside until
hyy.a 70 Tie Metropolitan Hotel where have siDcc
sided Mr.. Bciden hrs met Oh January q 1872 when he
sMcd along with his brother law, William s. Patton,
~ h NY rooms AZ the Westminster Hotel ostensbiy TO
ha me t0l my attentions 10 his wife md children
iheir Journey from ST. Paul the week previously TX ire.
TIs,y called npon me after this at my holcl and have
a aqss TaY nsa werS for few days Some time
H9i sr aware q the fact that was an extensive
~ f.o noin seeing lying upon my table
,osucrhpc number OF the certlne atre Of sad stock
pon asesrtainng this fact Bsden was VIEW asaiIusm in
is upon ne nnd volunteered 10 giye me as
ss sanc Imagination in 70 the road and
TO the contrary considered him as ners"n ~
upon and from whom might obtain some aid in The in