The New York herald., 1872-12-06


Messrs. O'Conor, Judge Porter and my own hrm,
ask for bail in the precise sam OF the debt due
by the defendant, ON showing that " had been
ter OF discretion for the Court and the order was
filed up 10 advance, supposing the Court would 80
Crder hall Mr. Watson Joined In tine views that for
the protection OF the company thls was proper as
he feared that otherwise the defendant might ab-
scopd.
Q. Did yeu think thai Mr. Could could obtain bail
10 the amount OF SO 700 DOOR A. had no DOUBT,
from what had heard as TO his means, that ne
Q. DID you think that he could obtain bail to the
amount OF $lO00,o00P II 80, how seon aler MS
arrest did you think he would be able 10 give oallf
A. had no doubt he could. ! never ti0aDlec my,
rel with the inquiry to how soon, but supposed
ne would obtain bail without difficulty or wouid
o. When tins order OF arrest was asked for did
you know that release or releases had been exc
pauyY A. had heard that pretended releases were
| Ia existence, which believed to be void
THE RELEASE FRAUDULENT.
| O. Wore thoee releases a subject OF conversation
| in the Board or among directors or counsel OF the
company A. Tney We're spoken % q py ne ,
1 the draft AFFIDAVIT OF Mr. watson alluded 70 tnem
and them general tsrMs 1 81 s
vised that no notice oil them should DE MADE Dy
Mr.. Watson, as they were wholly immaterial, un.
necessary and unusual except 10 repiy, 10 case
| snCh releases should be set up
O. Was knowledge or information OF those re-
| leases Intentionally concealed from the C0urtf II
not why were they not mentioned TO toe Ceurt9 A.
No; l have answered al above.
q. Did yon induce MI. Gould TO resign his Office
as Director OF the Erie Railway Company, and il
so, did you on such occasion engage that the re.
asd sv se Rnsr OF wne S are
A. had nothing TO do with his resignation as
Director and made no engagement OF any KIND 10
Q. Had you any knowledge or information OF any
arrangement made between Mr. Could and General
formation and what was the arrangement A.
know nothing OF any arrangements: Mr. Gould has
told me his version OF IT, but this was directly in
opposition to what was told by General sickles
and also In opposition to General Slckles' course
money and In stock TO the company, 80 that know
nothing.
arrangement thus made; II So where - that writ
ing ana give It's contents A. know u no snch
writing.
which he informed you contained any memorandum
OF an arrangement between him and Mr.. Gould
annm wah WY Contained the POINTS
asked for by Gould on March IL, but not what he
assented to; and the first time saw this paper
was when he delivered IL to me at my ONCE after
April !, and, think as late as the 10th; sealed
Y at his request, marked it with the date, and
looked diligently cannot find it; it may have
been handed by me with other papers to the
confident that this memorandum was not intended
| TO express any arrangement made by General
Sckies. and hs own course S lmmeaateiy i ,lf ainer
which he consulted counsel as to bringing suit,
not unlike the present, as am informed and be-
lcve, fOrbids such construction; General Sckles
said that Gould would retire II released; told him
tnat thought this would be done by the new
board by the confirmation OF the release, which
understood had been executed by the Old board;
that would favor such arrangement as far
preferable to litigation pending, by which the bust
ness Of the company would be seriously embar-
raised; that thought the new board would con-
slider the future OF the road more important than
the pursuit, through the law, OF the moneys Gould
speak for Mr. Could. he SAID he was not,
same evening with Henry N. Smith; was
asked TO repeat to the latter what had said TO Dr.
coald; one or both then said that he or they
thought settlement could be made and asked II
the new Board would assent said tnat had no
confident the Board would ratify any agreement
should advise, and that was willing to advise a
was come to, but Mr.. Smith agreed to meet me at
the Erie ONCE at nine O'Clock the next morning to
take me to Mr.. Gould, when 1t was believed an ar
rangement would be perfected; at this interview
both parties said that they had seen Could and that
they came with his sanction; met Mr. Smith the
Could and left me with him; told Could briefly
what had occurred between myself and Smith and
"Y0u know. M Barlow, that in the course OF the
administration OF such company q man Tor
e and ana in the true interest
the company but which may not be strictly legal"
and, among other things, ne alluded M TO 70 large pay
60 free and shall be happier than have been for
years II can give up the road to yon and your as
TO this, and that had SO stated to Smith and
Edridge; he then said, pulling slip OF paper from
m ms Sas in 'ns' es1n ss eo%psy sassS TO which @
not belong to the Erie Railway, but
which which came lanea TO- . him because of, Of his
share in this, and that he would give me One-haf;
lasxed him the name OF the stock and it's value;
that the stock was then worth seventy or seventy
two per cent; said quietly, mo, MIR. Gould;' he
said II viii give you the whole p said no. and as
am not only counsel OF the company and shall,
as such, be compelled to advise as to any arrange
ment, but also, as director, vote upon 1t, prefer
you should name your terms through some other
person, and suggested my partner, Mr.. Mcfarland;
he had gone that morning TO Albany, and l
then told Gould this, and suggested General
General siekes: S:'e when % he came fehS brieay lSy
explained to him the position, and he at once
went to Mr.. Gould's room; while ne was there Mr-
Willingness to treat with General Sickcs, or a
preference Tor negotiation with me l answered
sickies would be the same as if made with or
through myself and would, undoubtedly, meet
no arrangement or had any agreement OF any kind
General Slckles then met Mr.. Gould and his coun
Board rss room and announced that Mr.. Gould would
resign; asked him, In the presence OF General
DIX and others, Upon what termsW he replied,
Internationally but qualified this by stating that
Mr.. Gould desired to save point OF honor by re-
signing rather than to be removed, and that |
his counsel also desired for the same reason that
the action OF the Board Of the previous day, by |
which they had been dismissed as counsel, should |
be changed and that a question OF costs had been |
agreed upon which last fact has been called to my
recollection to-day; the action suggested by GEN |
eral Sckles in their presence and In that of Mr.. |
Gould was then taken; so lar as then knew or be-
lieved, no other arrangement or agreement had
been made with MI. Gould, and am confident that
this was the belief of every member Of the Erie
Board then presents If any portion OF the arrange
ment made by General Sckles not then acted
upon, 1t the duty OF Mr. Gould or his counsel
then to have explained the fact, and asked
for such action as was deemed necessary;
no further action having been suggested the Board
Of Directors had the right to assume that their
whole duty through the commitment OF General
SicKles had been perlormed; aftcrward learned,
nrst from Mr.. Gould and subsequently from Gen.
eral Sickles. that further understanding as to
certain past matters and as to release oil Mr..
Gould had been assented to by him. partially on
March IL and partially on the 14th or 18th Of the