New-York tribune., 1872-12-05
THE ERIE LITTGATIONS.

DIR. ELDRIDGE's TESTIMONY IN REGARD TO MR
GOULDs RELEASE.
\ The testimony Of Dr. Edwin Eldridgs has
been taken before Mr. MacDonough. the referee. in sup
port Of the motion made before Judge Fancher to yacate
the order Of arrest issuedEaganst Jay Gould The fol-
lowing are the principal portions:
Q. Have you been Director OF the Erie Railway Com
4 pany and how longi A. have been Director from
\ the Spring of 1871 to July, ls72
O. We're you appointed in April 1871, by the Board Of
Directors, Of the Committee to examine into the
transactions OF that company Of jay Could, James Fisk
3 r. and Frederick A. Lauel A. Yes.
O. Did you sign report release to be executed to
q those gentlemen A. did.
O. Did you. OF the directors. vote In favor OF
the execution Of such released 4. l did.
O. Did you az director, also vote Dec 90 1871
or hereabouts IN favor OF release them soon after
ward executed TO the parties on the part Of the
4 Company, by John Hilton ana Henry Thompson as a
committee A. did
O. In reporting and voting in favor OF each Of these
reeases did you act in good falth and with view to
i the real interest OF the COmpanyl a. did, Sir.
O. And so far as you have any knowledge, informa-
tion OF belief did other directors who voted with
4 you in favor Of such release, act In like manner A
think they did.
O. At the time that such releases executed was
any LITIGATION pending to which the Erie Railway Com
pany aud Jay Gould parties, Ia which question
tain convertible bonds by the Executive Committee OF
the Company (of whom Jay Gould was onel, and IN
which charges made that the proceeds Of such
convertible bonds had not been accounted for to the
Company A. I know there 4 suit brought against
q the Company by Heath Raphael. IN which general
charges we're made against Mr.. Gould.
q Q. Look at this paper now shown TO you. and say
whether t Il or IL a cory o, the complaint n lie
suit OF Heath Raphael against the Eric Railgay Com
pany Gould and others, which was submitted 70 the
committee which made the report referred to A 1t
Q state whether 1t not charged in this complaint
that large share OF the monies received from the sale
OF those convertible bonds had not been accounted for
A. am aware the or this suit and that Is
one OF the charges.
q Was not copy Of that bill OF complaint laid before
al the directors Of the company who
a he meeting when all the resolutions sanconing these
releases were passed A. I remember that when the
committee appointed they directed 20 invest
gate the charges in that particular suit aud that copy
Of the bill OF complaint the table Of the board
@ Was it not charged that complaint that enormous
amounts Of money belonging to tho said Company mad
FOR long periods OF time been retained in the hands Of
Could Fisk Lane and had been used By Them for their
own private advantage A. Yes, Sir.
O. State what your motive IN cOnsentng 20 the
execution these reeasesi A Because supposed it
was right; because was unable TO discover from the
examination any reason Why they should not be granted
also because believed It would be tor the interest or
the Company, as TO end any litigation,
@ Did Mr. Gould refuse 10 answer any inquiries nd
n
investlgatlonsi A. am not aware thaJ the committee
went Mr.. Gould for information, but we went TO
the Assistant Treasurer and to the Auditor and other
Q. Were you at the Erie Railway Office the lIth Of
q. Did you on the evening Of that day have an inter
view with Mr. samuel L. ii. Barlow A. did.
subject OF compromise between the persons
by him. claiming 10 be Directors on the sde and
X Mr. Gould on the other sdel A. did Sir.
q state the substance Of that interyiewf A asked
permission Of M; Could TO see Mr. Barlow, nd If
fnrfna mo- hp az "A
natter; he told me might then went TO Mr. Bar
lows house and lOund him there told him that had
come 20 Sc ~ sUie u sNLs aetSt' Des
them and Mr. Gonld, could not Oe made, and the
answer was that he would be very glad 70
road they would discharge Mr. Gould from all liabilities
question: and would protect such contracts as he had
used by him; told him thought the matter could be
should N tHS' o sysryhas au in my power @ to
bring 1t about, and Dir, Gould dld
go with them He on his part said t1at should be car
ried out then went back 20 the office and informed
Mr. Gould OF the arrangemen.s WHICH gs. had
and he Joined with me ia persuadng Mr.
Gould 70 accept Of the terms offered Mr.. Smith and
went TO Mr.. Barlow'sI house again that evening and
there the matter talked in accordance with the
z arrangements had made. and an agreement 20 that
effect come and 1t was verbally arranged that on the
next morning he would meet Mr.. Could aud agree
ment should be drawn up carrying out our views. Mr.
he did not care now much Sfr. Gould had stolen.
sGQ. What did he say about past transactions of Mr.
4 Gould, II any hngl A. think Mr. Smith made use OF
the language Let bygOnes DO bygones" to which Mr
Barlow assented the and substance OK our CONVEX
d saton that arrangment was come To, Dy when
the whole theory should be ended, and that they would
4 give full release, and pay 70 Mr. Gould the money
o. Did Mr. Gould assent 70 this arTangementf A. He
did he met Gen. Sickes IN the mornng ana perfected
as he informed me- an arrangement; ne went INTO the
Directors, room with den sickles my self and others,
4 aud did carry cut the arrangements
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