The New York herald., 1872-11-28

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| WILLIAM MoLLoY, Notary Public, New York.
PAPER MARKED "a"
| Mr.. Fied-We have come here by appointments
| to take Mr.. Travers deposition.
Mr.. Barl0w-H you viii prepare an af1ldavit Mr..
Travers will swear to it II correct but he does not
propose to be examined orally In this form because
| Il does not give him or me the opportunity as
closely as ought to have right to do to deter
| mine what II should be- and, besides, we have no
him certain questions that he might answer or not
/ fully. We have no right to cross-exammation.
He is entirely willing and ready TO make any am
qure about in fun, without evasion, delay or want
OF particnlarty; and If you will suggest the form
| OF an affidavit that you wish Mr.. Travers will at
once, or as soon as he can read it over conve-
nienty swear to 1t If true, whether 1t be pertinent
to this question or not, unless it be absolutely Inn
Mr.. Field-I did not oome here on any such errand
aSs S mspe 20 mas M m
aid not come to discuss % the question Of law you
to know beforehand what lie is going to swear to,
but We can ask him questions. and that is all
propose to do. The Court will determine whether
he will or not go before o referee. We shall not
arrive at any conclusion ourselves by discussing
this matter.
Travers can be examined only when he has de-
cllned to make an afidavit.
Mr. Feld-We do not so understand It, SO that
we could not arrive at any result by debating that.
We understand that Mr.. Travers is bound to an
swer, to dictate to u.s. to tell us what he win say in
i N
Mr. Barlow-Wrte your questions down.
Mr. Feld-We nave good many.
Mr. BarlOw-Wrte your questions all down.
Mr.. Feld-One may hinge on another.
Mr.. BarloW-Wrte down one question and we
will answer it at once.
MI. Field-Shau we begin nowS
Mr. Barlow-Write your question down, and Mr.
Trayers has right to determine whether he is
book He has the right to ask you to present to
him all the questions you think pertinent when
the affidavit is made. If from his answers you wish
further information Of any sort we will make
supplemental affidavit in answer to the questions
Mr. Field-I wish Mr.. Travers should answer
such questions as shall be put to him, provided
him any questions about his own private afairs;
but whatever Is involved in this controversy we
pose You and win get along without any lt troaDe
Mr.. Barow-it IS new practice to me. We pur-
sued this matter somewhat at length in the cee
Company, and the rule obtained there, by Judge
Barnard's decision was just that.
Cardozo did once in Rock Island case express an
opinion to that effect, but none OF the other judges
acted upon lt. We have got from Judge Ingraham
where the parties have declined to give the aill-
davlt.
Mr.. Barlow-we have not declined. want yon
to bear that in mind distinctly: There must not
be any misunderstanding about that. Mr.. Travers,
on his attention being called In writing. either to
series of questions or to all already prepared
atfdayits il the aidayt is prepared no win swear
to 1t at once if correct. ff they questions he
will answer the questions SO as to enable you to-
prepare an affldavit at once.
MI. Field propose now to begin Dy asking Mr..
Travers some questions about this matter
Mr.. Barlow-Mr. Travers answers as have tod
you; that II you put them in writing and submit
them to him lie will answer the questions Directly
to do.
Mr.. Field addressing Mr.. Travers) Had you
any, and, II so, what connection with the order Ot
arrest obtained against Jay Gould in this case9
Mr. Barlow-You may put that in writing and
leave 1t with me.
Mr. Feld-NO.
Mr. Barlow-He will not answer it. In order
that there should not be any misunderstand-
ing Mr.. Travers IS prepared to swear to an
as ra that ~ IS to @ or 70 he
prepared TO answer any questions In writing You
may leave with him. and after the answers are
given he will swear to an affidavit based those
answers. But he does not propose being examined
orally.
Mr.. Field-At any timer
Mr.. Barow-Not until he has refused to make an
affidavit, which he not only does not refuse to
make but distinctly offers to make.
Mr.. Field-If can define beforehand what he will
say, write it down he will swear to it; and If put
certain questions in writing he will give answers
In writing, and II that is not full enough he Will
answer more.
Mr.. Barlow-After you get the first set OF an
swers, II you find his answers require more testi-
mOny, send other questions. and when you have
got through with all your questions he will swe0s
to the affidavit embodyng all those questions.