New-York tribune., 1872-04-26
THE COURTS.
GOULD ACT. GORDON.
MATERIAL WITNESSES MIssING-ANOTHER
ADJOURNMENT.


Tho Courtroom of Judge Brady was filled,
yesterday with spectators anxious 10 witness the antc
pated tilt between the lawyers engaged opposite sides
Of the Gould Gordon litigation. Mr. sttahan opened the
argument by motion for the appointment Of receiver
and for an Injunction order against Could MI flcld
objected TO arguing that motion frat.
Judge Brady-I thought you going 70 argue them
all together
Mr. Field replied that he wanted first to argue the
motion I'm regard TO the examination Of Gordon to enable
the plaintiff to prepare his complaint lIo thought the
plaintiff had tho right under the decision In the case OF
Havermeyer and Ingersol. TO examine tho defendant
order had been granted by Judge Brady on the
18th OF April ana tho defendant not being found II was
extended ~ later day. on which an application was
made by the defendant vacate that order, and it was
that motion thai he now really to argue first. On
the others he should ask tho Court for time
Mr.. Strahan objected as Mr.. Gordon had begun on
action against Gould tho 2d OF April and he wanted
TO know what sort OF Information the plaintiff desired to
obtain from the defendant There were three cases be-
fore the Court all set down tor this time. The first was
Gordon against Gould, where the appointment OF re-
celver asked for. The second was Gould against
Gordon, called action "No. J." in which, upon an
affidavit alleging that Gordon had received GER
tain shares of Erie for specified purpose, which
he had failed to apply an order OF arrest
was granted. We come in said Mr.. strahau, and
sentations made by the plaintiff Gould, and ASK It
to vacated that The third action IL brought
by Could aud the merits OF 10 have not as yet been ais
closed to u.s. except in far wo have IN aihdavt
from Jay Gould We think tho whole OF this case snoud
be presented to your honor. - .
Mr. Field, in reply, stated that he had asidavtts 10
support his claim that more time was necessary an" nc
then read the affidavit OF Eihu Root one OF JAY Could
attorneys, to the effect that it had been Impossible 70
complete all the necessary preparations. Inc aldaV5
Seers could not be found although dgent search had
been made and his witness was absolutely
necessary. Mr. Field also read the following AFFIDAVIT
from Jay Gould.
anil County Of HevYork Jay Goui NJ said city ana
county, being fret duly follows tie Dlaah1 n cne
the defendant other Of these sctols have fully stated u
David Dudley Field ESQ., Of counsel IN said actions What ef-
the said actions and l each OF Ll bJ Col Ih0m a.
Scott President Pena yivana Central Railroad Con-
ay ay to be made b. him to lie used ~ the several mo-
" Court hss actions; and a;e uch state
advised BY sail counsel and verify believe that the
material anil necessary witness Tor or the
smy proceed the hearing thereof have been
unable served account o Col
his home at the West TO his aays,
dgeEt He ready and Wiling TO
his ada eylelce these I'D he can 0 en
jar GorLD.
An affidavit also presented from Chas. A. Coils 10
the effect. Mr. SIaban asked Why Dl. SCOTS ai-
davit could be wanted. Mr. Field sald "Suppose that
Gordon told he had SOO0000O and be told Gouli
so, and that the Gould entered into pegOta-
with hin, Is not that materiaP Mr. Strahan SUI
opposed, and Judge Brady finally said the matter was
important and he intended 70 give everyone fair neac
Ing and fair chance. The accordingly ad-
jOuned 10 Thursday next, when all three motious Will
DO heard.