New-York tribune., 1872-05-25
TIE GoRDoN.GoULD SUIT.

ANOTHER ORDER FOR GoRDoN's EXAMINATION
ADDITIONAL AVFIDAYITS on BEHALF OF
GOULD.
The preliminary motion in the suit OF
Gordon against Gould, strike out the paints com
plant for failure 70 appear and be examined was sci
down for hearing before Judge Leonard, yesterday
at Supreme Court Chambers but before the motion was
heard MI Root Of counsel for Gould applied ex parte
for an order to examine william Orton, President of the
Western Union Telegraph Company, who had declined
20 sign an affidavit Judge Leonard thought it should
appear what was sought from Mr. Orton and that the
affidavit had been presented to him. After some dis
ousson Judge Leonard directed the whole matter to be
taken before Judge Brady.
when Judge Brady appeared, he inquired why Mr.
Gordon had not presented himself to be examined.
MI Graham said Mr. Gordon had not been personally
served as a witness. The order of that day was the
same as subpoena, and should have been served on Cor
don personally. Mr.. Field then read the afhdaYits on
which Judge ngraham made the order for Gordon 10 DC
examined and the subsequent orders in the case. He
said this order was substitute for the one made by
Judge Brady which fell through owing to the failure to
nav the proper fees subsequent orders read had
been served on his counsel, but this was personally
served An order granted the 18th, declaring Gordon
in contempt, was served personally on him in Court
Mr. srahan read his affidavit stating that Gordon
had already been examined and that Judge Ingraham 3
order was made on the papers used on the motion
before Judge Brady and further that Gordon left the
city for Boston the 2Oth without knowing that he was
required to present the 22d his counsel having
advised him that he was not in contempt.
Mr. Field offered 10 read the afidavts OF two detec
tives and lawyer that Mr. Gordon at Mr. Strahan's
Office on the 10th when the order granted, and that
messenger went there from tho Courthouse and Cor
don Immediately left Mr. Graham said il we'll
known that certain lawyer cOulalWays obtain certain
detectives when wanted, and was proceeding in the
same strain Of iunuendO when the Court Interrupted him
and said the counsel must cOnne himself 10 the case.
An order was finally made that the complaint be
stricken out unless Mr. Gordon appear and be examined
on tho 7th Of June The other motions were adjourned
10 the same tme with leave 10 Mr.. Gould to put In
further atidaylts.
The afTdayts which were Immediately served in open
court are made by {. y. Jordan Cashier IuIu National
Bank: Richard Berry President Tradesmen's Bank; W.
B. Palmer, President Tenth National Bank; PrOi.
ID. b. Scott, WIN. i. Young, John A. Zerega,
Charles +. MarstOn, Henry n Smith, Il. b.
Joslyn, and Homer NJ. Williams. They all cX-
press faith in Ar. Belden. There were other
adavits 70 Jay GOulGs whereabouts the 18th OF
March last made by IL. f. Smith, John Cent? John n.
Lewis Mortimer Smith, John II. Conner Thomas j. Sher-
idan w. Is. Palmer W. II. Cooper and Mrs. Gould. The
affidavit OF jaw Gould rccc5 that John Sears was not
present at his interview with Gordon the I'd OF March,
that the 9th Of March, or at any tme send
four or any number OF puts and cas; and that Sears
wa present GOrdOns rooms the l2h OF March,
1t in substance contradiction OF the afhdaylts Of
Henry 5. Marsh, made the 18TH and john " Sears,
made the l7th OF March last