The New York herald., 1872-11-28
THE NORTHWESTERN CORNER.
Affidavit CTAugustus SChell Taken Before the
Referfe, Appointed by the Supreme Court.
W,Aat MIR. Schell Knows Of. Jay
Gould's Arrest.
judge Fancher's Order to Show Cause as 20 me
Order Of Reference-Thes Story Of the Defence
a. to the Alleged Refusal Of Mr..
Travers to Make an Affidavit.
Aaadavit OF Augustus schell.

11A~~0SA
Trsvers to Make an Affidavit.
Amdnvit or Augustus Schcll.
The following aflidavit in reference TO the vaca-
ti0n OF the order OF arrest was made yesterday by
Mr.. Augustus Schel, pursuant to an order OF the
Supreme Court The affidayt was taken before
Mr.. A. r.. Macdonough, referee, Is Nassau street,
cey osS 5o f n eaa s. sehe
being duly sworn and examined as witness upon mo
sAtS Before
q Where DO you reside and what is yolr OCCUPATION
Al reside in The city Of New York; ! have relations
tons and other institutions.
an ays the
stock Lake Shore Railroad stock Or other leading
now large IN
Lake Shore stock the stocks Of several other leading
Have observed the Of the stock marLs,
have to some considerable extent
Have you been for Any number Of G years nsres,ed
acquired knowledge and experepce as 70 the course
% o
am good deal familiar with the market :, ~, 49,.
for fops shory na sis @ and
s as Mas ana
early part Of October 1872 the market was very much
to have been broken BY the action Of
making additional issue q legal tenders which oc
during That month up to the Boston FIRE in November,
the % early e part saf. Monday Noysmbsp marhe!
s ana
M e m
and Of November 4, There was considerable ad.
R,ft markell pss vance matter of public
and s@S%%s%tsS @ iSs ] he
men generally and published tn the newspapers IN the
increased to the extent ten million doars a. There
he
lions Of bonds, to Be convertible forthwith into stock
q Was not this design to issue stock afterwards pub
n one
IN
and did not these fluctuations become the subject OF
o % sy $ ss o the
conversation among business mcn 1t was also referred
Did You receive any information the 2lst or 22d
renee which should have al marked influence % upon the
market price Of Northwestern common stockf heard
% Hp 81 the ho Of
hs
ed between twelve and halfpas twelve that event
day
p 70 oe Ss s I ave qh
A. went to the office Of Osborn Chaplin, and arrived
there about ten minutes past three in the afternoon of
Mr. "9 Gould in % the eustOdy Of Ss sher % @
at that time.
was there also; conferred ana determined to prorr
the from oher
haa ha he
been made in the interest Of stock. .jobbing speculation
nna % the
the busines Of the day and in critical condition Of the
What il Judgment Is the most critical period Of
condeni x My information on that subject IS that the
critical part of the day between the hours of two
q. VIII you explain why That hour is so mportanta A.
s e
Was Sc o Es tine financial
condition Of man largely & epGagsS in stGck deal dealings Of
day in such condition Of the stock market as at that
moment existed A. Almost certain financial ruin:
and ,e dealing
was largely engaged as purchaser and hoder
Of Northwest common stock
Sa q sy been es sst s he
sSS s$ sss s?Ss .Gss
day. would have s mmedatsy resulted in panic 'o IN
% hSf Ss svsn
A. 1t would not have been confined TO Northwest com
actively dealt in in the stock market and would have
Of Meo re-
What M Mo nays DTSatsd
stock and profit by great casualties and by the msor
O. Have YOU no. been Interested the management; of
large corporat9ns for some years pasts A. have
rience YOU CONCEIVE Si any benefit which could
ens G his Fs at n
the circumstances referred to- assuming Mr. Gould
a' sss saMey NJ S9
ry IL to hs M ke to a. o
R sns s & %o rfT1 5 q aaS NE Of @ him
GSa ,ss sss /" s s ey ] s M
lizards thppTS L MSd t1sr co 81 il do not know
iY "y sS10a %hn G oSr S%S 'Hs@ sts
and u only by adventtious circumstances that could
O. Are You acquainted with men in this city who are
noted as being remarkably wealthy A. know num-
q. is your evidence the difficulty of giving bail in
sH r ~ o en oy y y@H io nppy w to
sherifis office and there give ba for Mr.. Gould A.
O. We're you requested AT the sherff,s Office TO give
schedule of your real estate in the city OF New York
Q. Was this requirement. insisted upon after remon-
me had been be made 3 by The counsel for Mr. Could
g Wond m not the enforcement Of rule by the Sheriff
the city Ne New TIC
greatly increase the difficulty Of giving bail upon pre-
s TGa ,nsrs are he arc
Of large amounts of real estate and les number who
estate. AUGUSTUS SCHETT
Subscribed and sworn 10 before me, this 9th day of
November ls72-AuC. X. MAcDoSouGn, Referee,
Order TO Show Cause Granted Why the
Order for Reference Should Not BE Va.
Gated.
Before Judge Fancher.
xrx YcHx s1rIsr ,ss RI Rs%y G"ry re-
and Samuel L. N. Barlow and the orders Of
reference made herein the Goth day Of November 1872
and the papers which said order was provided, IL is
ordered that the defendants show cause before this Court
at special term thereof TO be held at Chambers the
2eh day OF November inst at ten o'clock IN the fore
noo or as soon thereafter counsel can be heard why
the sad o reference should not be vacated and set
aside as improvdeny granted and why such further
other order shall not be made be proper, and In
the meantime and until the hearing and decision tho
motion TO vacate said order Of reference that all
cecdings the part OF the defendant and the referee
named In said order be stayed. T. L. FANCHER.
NEW YORK, Nov. n, 1872
The Story of the Defence.
The following Is the story told by the defence
concerning the alleged refusal OF Mr.. Travers to