New-York tribune., 1878-01-31

no alternative, justice, except TO grant tne or-
der but did issue the warrant for service on ac-
count OF Mr.. Jewett's promise to appear and give
bonds The preliminary examination has been set
down for next Tuesday
MR.. JEWETT IN THE COURT ROOM
TELEGRAPHING FOR BoNDsMEN-F. b. WALLACE AND
ROBERT sHERRARD FURNISH BoNDs-THE ALLIE
CATIONS OF PERJURY-MR. JEwErTS OPINION
OF THEM.
Justice Morgan decided, yesterday morning,
TO grant an order pe of Mr. Jewet for alleged
perjury on the afdavs made by Francis Plat CharIes
Barrett and Alexander Robertson Mr. Jewets COUNSEL
Dorman b. Eaton, called on Justice Morgan early III 'ne
morning and promised that Mr. Jewett wouio
snpear in court at IL O'clock Precisely at that hour MT
Jewett accompanied by his private secretary drove up
I'm carriage and admitted to the court room py the
officer had been placed at the street door 10 prevent
the curious crowd from packing the room Only the
Justice clerks the court police, reporter OF ihE
TRIBUNE three four reporters of evening papers ana
the bOndsmen OF Mr.. JeWett were present "t any WHY
during the proceedings.
When Mr. Jewett came in he took seat near the
clerks desk and engaged conversation with his couh
sell Mr. Eaton who furnished him with an ABSTRACT OF
the charges contained in the afdavs. which MT JeweU
studied for few moments He then Instructed MS pr
yate secretary to telegraph for bis boDdsmen' Apou
noon Francis b. Wallace, broker OF No. 20 Broadst
and Robert Sherrard of Dodd's Express Company ap
peared and justified bondsmen for Mr.. Jeweu III
$4,000 each on bond of $4,000 for his appearance
at jefferson Market Court Tuesday next al ~
a. H. Mr.. Wallace swOre that he owned an
undivided one-half Of the building and lot, No. l6o
Duanest valued at $4,000, which there was
mortgage of $4,000. Mr. sherrard stated that he
owned the house. No 40 East Fifty tyeighthst which cost
600 OOO and was worth, in ALL over five times that
amount.
As Mr. Jewett went forward TO attach his name to the
bond he was formally introduced 10 Justice Morgan ana
said
regret 10 be presented TO your Donor uhueI s"0n
peculiar circumstances"
al have known you for a long time by reputation"
said Justice Morgan land scarcely expected to be FOR
maly introduced to you in the line of official duty
The prosecution was represented by exAssisant Dis
tric-Attorney Henry C. Allen, who is associated with
Beach a. Brown. When the bond had been executed
Mr. Jewet accompanied by Mr. Wallace and Mr.. Eaton.
drove TO the Erie Railway office, aud soon aiterwafd
went to the meeting of the railway presidents al the
BrevOort House.
THE COMPLAINANTs AFFIDAVIT.
The affidavit of Francis Patt on which the warrant
for perjury issued. declares that the deponeut is o
the City of NewYork and then gives the law about rail-
way statements. II asserts that on November "a lo"
Hugh ]. Jewett president of the Ere Railway
Company, conjunction with the superlnfeh-
dent Of operations, filed in the Office OF the
State Engineer and Surveyor the annual report
for the year ending September 80; and that
on November %. 1877. Mr. Jewett made affidavit and
with an intent to deceive the bOndhOlders ana stock
holders Of sad corporation OF whom deponent is one as
10 the true financial condition Of said corporation he did
falsely unlawfully corupty ana knowingly swear thi;
the contents said report true to the best OF hs
kuowledgc, information, and belief"
II is further ALLEGED that i'll the report Mr.. Jewott
stated that the total funded debt S54271 Sl4 the
total OF floating debt bills pay able was IL
cf fundpd audH
and that total of interest paid on the funded debt
during the year $3S07764 so. The deponent says
that by the alidavs Charles Barrett and Alexander
Robertson and other available as proof the
funded debt 63,324376 AZ; that the floating debt
S4s61,533 So; that the total FUNDED ana
fWorp to by Mr. Jewett. and was S6siS50IO 80
debt much smaller tlan Mr. Je"ett lad sworn TO-
and was in fact about S7S6673.
The del onent further charges that at the time of
Jewett well knew the statements therein contained
false and that in making said affidavit Mr. Je"e'
did knowingly, falsely, corlUptIy ana ieioniouoJ COM
init wilful ana corrupt peJury - ~
Appended To the sworn statement OF Mr. Plat are ani
SON HAT OF Mr.. Robertson has been printed IN The
TMBUNE. Mr.. Barreti's aIhdavt declares that
particulars. absolutely incorrect; that the Iay-
ments for interest on ILe Of funded g debt were
in the report. Barrett- affidavit Ike that Of Pat, also
alleges that the amounts Of the funded and floating debt
were incorrectly stated. The affidavit OF > Little. audi
tor of the Erie Railway Company, IRON which extracts
were made IN yesterdays IhlBuNE contains SpeTlhc
TO the charges III this aldaVt Vi Charles Bar
ret
TALK WITH Mr. JEWETT.
Mr Jewett said that he had known anything in
the course OF long and busy public life which tried his
patience so much this charge Of perjury which was
intended as a blow at his personal integrity.
He did not know Mr.. Platt. who put forth as
the figure head Of this prosecution. He had not
seen heard of him before. Mr. Jewett remarked that
he suspected that Platt OF the London "bum-
mrrs by whom the Erie Company had been so much
worried of late. AS the wide disparity in figures be-
tween the adays and the report, Mr. Jewett said that
1t occurred by inexperienced in railroad manage
mert becoming confused the various accounts and
getting figures dreadully mixed" In regard to the
affidavit of Mr. Platt he said
The charge made against me that in ny report to The
State Engineer, September last, did not correctly
state the amount Of the funded debt the floating debt
and the interest paid during the year The question
whether the report conforms TO the requirements of the
statute depends upon the construction to he placed
upon certain OF its clauses have adopted cGosiru1
ton which understand TO be the correct one, and which
is acted upon by other companies.
So far the charge relates to the return OF interest,
the alleged false statement amounts 10 tins and nohng
more: dd not return the aihoih' OF nteesI actuly
paid during tae year on the funded debt Dut
ing being that what the report called Tor was
the latter and not the former amounts The difference
between the amounts Ia something ike S2,5O0,O0O
The charge therefore is that i0r me purposes OF dece
tiOn. intended TO declare and did declare, that had
TINS enormous amount "oTus
that had paid interest maturing so 900 900
of first and second consolidated bonds. the noto
riOus nOn-paym OF which the for my be-
ing receiver. And yet the Mr.. Platt who swore
10 the complaint charges that really intended 10 iu
pose such transparent and enormous falsebOod upon
the State authorities.
The charge Of undertaking the funded debt to great
extent, rests upon the question concerning
the interest / having stated the principal Of the
funded debt without including therein the IN.
terest IN arrears, following in that regard the
usual forms. Those who charge with per
Jury declare that intended to palm of the falsehoOd
that interest in the part OF corpora
tOn OF which acting a receiver for the sole
that interest arrears and have been for
than Two and half years. The charge OF undertaking
the floating debt seems TO turn upon details OF boOk
keeping too complicated for ready explanation and IL
Will require experts IN that line 10 determine upon what
acts 70 The State Engineer shnnd be hase