The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-02-18

In suit now pending in the Supreme Court. IN this
city in which Messrs Sloane Co., carpet dealers Of
this city, seek from Jay Gould the value OF
large quantity Of carpets furnished to the East End
Hotel, al Long Branch, an order was made by the
Court directing the examination Of Jay Gould before
trial. The defence in the action, brief notice Of
which has already appeared in the HERALD, that
Gould merely held the legal title to the hotel property
in his name subject to equitable interest trust
thereof in favor OF the New Jersey Southern Railroad
and that not therefore personally liable for the
value Of the property in suit In obedience 10 the
order for his examination Mr. Gould appeared yesler-
day and testified reference TO the affairs Of the COM
pAny, as follows:-
O. Don't you know whether there was any paper or
writing showing the nature OF the equitable trus;
referred to in the second paragraph Of the answer
have papers showing such trust was president Of
the company and they asked take title in my
name so that the mortgages on the road would not
cover it; signed papers, but do not now know
what they
O On the 23d day of February, 1873, before COM
mittee OF the New Jersey Legislature, did you not
testify as foows:-'I hold the title to the East End
Hotel property at Long Branch in my individual
capacity; II is my absolute property; paid the pur
chase money myself; l gave my individual check
remember testifyns at ali before this commit
tee in 1878; / don't remember what IL did
testify to at any time before this committee; don't
remember whether paid the money and gave my in
diydua check for tins property: don't know what
price was paid; presume moro than likely advanced
the company the money and assumed the mortgages
the property; have papers showing what
made any deferred payments; don't know whether
executed any papers showing held this property In
trust have no such papers in my possession don't
remember the day ! received the conveyance OF this
property; I have not the deeds; suppose
the receiver Of the road has them; l never
executed any lease of this property, either in
diyidually or as president Of the railway; in
the summer Of 1873 the New Jersey Southern Railroad
in the control OF this property; such agents rs
appointed by the company were in control;
think G. A. Fuller was there for timei don't know
who appointed him who paid his salary, nor whether
any was paid; during that summer think Thomas
Sheridan cashier; don't think he ever got any
pay before Sheridan went there. he was In my en-
ploy and has been since; during that summer gave
him leave OF absences paid his salary just the same,
during that summer did not reside at Long Branch;
was about mile of, at Atlantcvle; at that time
the financial Office of the New Jersey Railroad Com
pany partly New York and partly in Long Branch;
in New York their office was part of the time at
Osborn and Chapin's and part of the time at the
Equitable building; don't know where Sheridan. as
cashier made his deposits that summer; Mr.. Osborn
was also that time at Atlantcvie; nrst became
director of the road in October, 1872; was in for
year; have not been director since; think the
other persons named as defendants were elected d.
rectors with me; don't remember when was elected
how many shares OF stock had; mad from u 600 10
Il, 200 shares the whole capital stock was 0000
shares; think at that time l director with W.
b. Palmer in bank; had other business relations
with him and don know how much stock he owned;
don't remember whether / put any stock IN Mr.
Palmer's name TO qualify him for director.
Q. Did you cause any stock OF this company belong
ing to yourself TO beplaced in the name Of any OF the
other defendants IN order to qualify them to become
directors of this company?
This question was objected TO by Mr.. Sherman on
the part Of Could, but his objection was overrued
A. don't remember anything about the election
now have not the most remote recollection about 1t;
have papers or books which would refresh my
memory; my relations with Mr. Osborn have been
very close and ntmate he was one OF my brokers in
1872 and 1873, and when down town was at his
Office; l had telegraphic communications be-
tween my house and his ofice my relations
with H. H. Martin were friendly; l don't know as
he was then my partner; he was at one time;
had no business relations with John F. Cole; his bust
was-he an officer OF the road; don't think
he had been connected with me before that have
had business relations with Mr. Jocelne; was special
partner with him at tme in 1872 and 1873 be was
a banker and broker in New York; had no business
relations with Mr. Norris the Is broker in New York,
OF the road; Ashbel Green was counsel Of
the road; l had no business connections with him
nor with Mr.. Williamson; he Is lawyer in New
Jersey he was trustee for some Of the mortgages Mr.
Stockton resides at Trenton; had no business con-
nectlon with him. have met him as a railroad man;
think his interest in the New Jersey road was prin
cpally in the bonds; had no business connections
with Warren Leland; John TORY, Jr., is New Jersey
man; ! don't know anything more about him; there
was an executive committee Of the road; think was
one; don't know where they met; think in New
Jersey. could not say whether ! ever
OF the directors were held in Jersey City;
Williamson hives in Elizabeth and Tory at Long
brahcnt KNOW geneIaiiy tnt he b"se bnu ho'ei was
being furnished; had nothing 10 do with it had
nothing do with tho details Of the affairs OF the
pany; don't think ever gave any instructions the
subject Of furnishing this hotel in June 1873 Abra-
ham Gould, my brother, was, think, the purchasing
agent Of the New Jersey Southern Railroad remem-
directors OF the road; never, as Presi-
dent, authorized these purchases for the
hotel; know generally that the road putting the
hotel in ORDER fitted up as an excursion house,
there were dining rooms, bar and limited sleeping
accommodations; suppose minutes were Kept OF the
meetings Of the Board OF Directors Of the New Jersey
Southern Railroad; don't know who kept them or
where they they are not in my possession; have
papers in regard to this property; don't know
whether havo any books Of account showing dsburse
ments upon and receipts of this property my check
books would show the disbursements, II any never
received anything from the property; did not know
anything about the carpets until saw them in there
have simply indistinct recollection that the hotel
was partially furnished when bought; I'know gene
rally that the road was Citing up the hotel as an
excursion house; that is all know about II.
Upon cross examination by Mr.. Shearman, his coun-
sell Mr. Gould further testified that his recollection
was that the last seven names mentioned in the COM
plant were directors before he became connected with
the road that he had arrangement with any Of the
other defendants In relation TO the purchase OF the
TO delraud the PLAINTIFF, and only knew or their fur
nishing carpets when the SUIT was commenced With
this exhibition OF memory the part of Mr. Gould
to the affairs OF railroad company with which he
prominently connected and many others Interested,
and the hotel business, which forms the immediate
subject matter OF the suit Mr.. Edmund Cofhn, Jr
who appeared counsel for the plaintiffs, deemed I
time to bring the examination to close, and did SO.
THE GREAT LOTTERY SUIT.
The famous lottery suit which has been in progress
ioet aka hefo Iudoa I Dalv Of ho