The New York herald., 1872-11-26

JAY GOULD AND THE ERIE RAIL
WAY SUIT.


Preliminary Evidence to be Taken.
No one in New York at all familiar with the litig-
ious antecedents OF Jay Gould believed for q mo-
ment that he would quietly submit to his recent
arrest and not make some effort in the courts to
extricatc himself from the meshes OF the law into
whose bewildering tells he seems to have been
lately more deeply and as many undertake
to prophecy, more inextricably drawn than
ever before. He did make such an effort
yesterday or rather Mr.. I. G. Shearman,
one of his counsel, did for him. This
effort showed itself In the form Of motion made
before Judge Fancher, holding Supreme Court.
Chambers, for an order to show cause why the
order OF arrest granted in the Erie Railway suit
against him should not be vacated and the bail re-
duced-said suit being, as is well known, to re-
cover some ten million dollars from him, and the
bail fixed at 81 100000. All the particulars Of this
suit have been published in the HERALD, and also
record OF the fact OF Jay Goulds prompt response
In furnishing the required bail. We now have Jay
Goalds own story as embodied In his AFFIDAVIT sub.
the above motion. We give this affidayit in full.
JAY GouLD's AFFIDAVIT.
sy ssi%s daIy swsrS& & &ssSs4nsi = 5 tSs slSsSs i.
j n whcn they ehge appear charge any
Sse5 On % he psr s @ o % his Of ns III 3
Court will not listen TO afdavits dputng the cause OF
nent counsel rerains % issm setting forth the
sha nas aSST n
nas es spa g
e he sm Martin may o wheS
hIsvs @ kept M nnsr der hs orders dc n
partners @ IN m s II Inv
as ss pSH these s S
WITHOUT KNOWLEDGE FACTS
That far the said AFFIDAVIT contains any matters
conrt BY the suppress
ass "md Which sh' s Ss following h1STn e
example, 70 witt is alleged in ,he affidavit Of said
@ "$s SSss s'fss ssss rsas
e iss rss ss
sihs said
sss G
s 1sta fs' ae ns q that ns aass
3!
Selling WI While GSSs truth and sH ySs lact
ss'a ne
s 1 hs %sss ss
having taken place nine months previously when The
e'%as hssss sssss s
{ That prior MAXIM Of !he said afndayits the
IIpptG had release
s psT Ss
had notice q al the facts relating such Tcsoaos
those s@s
oIp s aer By the n nm making its
to deceive and misIeaa ,hs and ne
sS Sss SsS sSS %
meeting Of the Board Of Directors Of the pianf herein
70 nsfs Y
aa we
me me- @ntioned were none Of them present, and IN which
altogether G free from Ser anS
mff'Rs as as II n ss ana
na e a James ss & M S nd M RS
de s IN and S sa s set It. Gr
ssS ssa soai3ss S%s
% o m pc s S s e sns n @
sesreay directed To- ne sa%s ne
ss sS%$s.ss r. sSSssssS SSSa
release ss. 2 dep9n,n and to The said James Fisk W.
pIanG attest attestea By ts Assistant Seersiary Of the
THE GENERAL RELEASE
@ sSs sSn
S. ST az he e
sa'sc au ss Of s to sda @ il Rreseace ea a aa 5
Soss aces hereby a6soiSe them and each :! them'' ths'
Of and Of ali n ali and Of seO
eaes coyensns Contracts eostroyeisies asree%ehss %
s a whe sans e. ane sa4 d4 say ons GS1
is na 9s a ay M
s Gsaa9"s = Hs aS S Ssy y
~ ss o Be u y 3
authority the reciSrsp amy
to be here
Sealed and delivered in The presence of GEORGE W.
{ CORPORATE THE ERIE RAILWAY COMPANY.
as sswsaayN N5 co RNF Henry HrHToMfsoN oG%%i'- aeo.
THE CAUSES OF ACTION
afs m az m ns as S s4a Il %asdn ans II % n @
e fa'a at The snf the &c a
said release ana ths of saia rssoigons
Ta
been bee made against this covering in substance
Aforesaid such directors S
s All OF Tspfsaf IN hi his ass
ZION Tha e e a S hs had ss IN @
yey and n coasany engasea II dealing in shares the
very large and numerous transactions in such shares and
ENGAGED IN A LARGE MOVEMENT
S f e wss %a M Of
Board of Directors Of the plaintiff to which The entire
management OF this action entrusted by the Board
which consisted of s. l.. NJ Barlow, William d. Duncan
and William X. Travers.
g. That the day Of this deponents arrest Henry n
Smith, Daniel Drew William r. Travers and numerous
other persons who deponent Is informed and believes,
are and were then confidential friends the said Barlow
Duncan and Travers, were engaged In speculation to
depress the price OF the said shares and had sold large
number OF such shares, which they did not own, In
the expectation of buying them In the market
when the, time came. for delivery, at a lower
price, and thus realize large profit and deponent Ia
informed and believes the said order OF pro-
cured aud served upon that particular day in the
pecaton and for the purpose on the part of the said a
torneys and the said committee OF
PRODUCING A PANIC IN MARKET
and causing large fail in the market price OF the sad
shares and for the purpose of enabling the said Smith,
Drew, Irayers and other persons aforesaid to realze
large profits upon these transactions.
That deponent Is informed and be licyes the plain.
ts attorneys herein applied for order holding this
urged such proceeding upon the Judge who granted the
order that in so doing they acting under the ad.
vice and ENCOURAGEMENT of the said Henry ~ Smith.
Daniel Drew, William r. Travers and other