The New York herald., 1878-02-06
RECEIVER IEWE7R.
Proceedings in the Alleged
Erie Perjury Case.
EXAMINATION WAIVED BY THE ACCUSED.
Much Legal Wrangling and the. Magis-
trate in Doubt

All the partios Interested tho examination of the
charges OF perjury made against Receiver Hugh J.
Jewst, growing out OF his Official cerIIGcAon Of the
Of tho Erie Railroad, promptly hand
yesterday morning at the Jefferson Market Police
Court It Will be remembered that Mr.. Jewetrs arrest
based upon a1idsvits made BY Francis Plat. oe
London, Charles Barrett and Alexander Robertson.
Piaps anidavit asserts that November "a, 1877,
Mr. Jewctt as President OF tho Erie hallway Company
In conjunction with tho superintendent OF operations
dled in tho ohce oil tho State Engineer and Surveyor
the annual report for the year ending September
and that on November %, 1877, MI Jeweit made ALL
dsvii, ana "Sith intent to deceive the bondhoders
and stockholders OF said corporation, Of whom depo.
nent one, to tho financial condition Of said
corporation he did falsely, unawfuy, corruptly and
knowingly swear that the contents OF said report
true 10 tho best Of his knowledge, Information aud
belief"
The room set aside for the examination Is large and
commodious out It's capacity we'll tested by the
large number OF lawyers witnesses and court hangers
lnat crowded mo Il. Fifteen minutes before ten
O'Clock Judge Morgan, the justice who granted the
order Of arrest made his appearance and quickly
followed by Mossrs William A. Bench anu Henry T.
Allen. VINO represented tho prosecution. Five mInutca
later Mr. Jewct entered the room ccompanied by
Judge Fullerton, ex-Judgc Comstock, W. W. MacFar-
land and Dorman B. Eaton, his counsel; Ex-Governor
Morgan and or two other gentlemen Mr. Jewett sat
between cx'Judge Cons,ock and ex-Jutse Morgan on
the front OF chairs the end OF tho room.
Messrs. Fullerton, MacF ariand aud Eaton being near
them Mr.. Platt, OF London, a short. stout Of
very norid complexion. was a central figure.
WAVING EXAMINATION.
Judge Morgan pcing informed nt tho readiness OF
both sides tue prosecution asked II here repre-.
sentative OF the State Engineer Surveyors oca
in the room. Edward D. Smalley, Deputy State EnLt-
neer, responded, and was asked to tage tho
witness char. This dono Mr.. Fullerton addressed
Judge Morgan. He said substance. that up to four
O'Clock on Monday afternoon they had intended 10
proceed examination, wnaiover time might
consume; out subsequently they had changed t6eir
mlnds, aud now waived an examination, US they
should give bonds to appear NJ court
''-o BE"
This brought Mr. Beach To his feet. He claimod
cumstances, the defence could waive examination
WAS erroneous was the right o tue prosecution 10
present evidence on the part OF the people that It
might be preserved, ana to guard against accdcntu
or the death Vi witnesses. The accused could wave
his personal examination, but the evidence OF the
Mr. Fullerton did not understand tho law governing
examinations 10 be US stated, and unless there nad
been some SPECIAL legislation Tor the city Of New
York on tne subject tho position OF tho prosecution
was wrong. ME Fullerton knew that the practice
waive an examination II they desire do aud give
bonds tor appearances ~ cour he could not see any
reason Tor different course Ia this case, ald re-
spectiuliy insisted upon his position
Mr. Beach, IN response, further argued that me
Morsans right 10 take the evidence of tho prosecu-
ton in order 10 discover whether the people have
been wronged Tho statue Is broad and VIDE on tue
subject aud gave HIS Honor tho power inquire
into this charge aud also other matters connected
!herew!h, aud II TINS particular charge is not sus.
taneu the accused could be held u ba any other
Beach thon read from .nc Revised Statutes, laying
'the magistrate shall proceed with the examination
| OF the charges" &c
Mr.. Fuaerton again insisted that such examination
| could ouy proccsd when asked for ny tho accused.
III evidence were Submitted II could not used at
trial. Ii an indictment should follow the witnesses
would nave TO DO sworn again He also denied tho
gentlemun's law when he said that the might
10 held ON other charges growing out OF tho cxamina
tion. Such proceeding would DC most wickeu, and
ho only We required answer tho charges set
forth IN tho allegations and sworn statements
which mo warrant aud summons may be Issued We
are ready, he concluded, 10 meet any cnarge ~ Q
proper time anu before the proper triuunal.
THE USUAL PRACTICE
Judge Morgan admitted that the custom IN the
police Court nad been Mr. Fullerton described IT,
but there hud been exceptions 10 The rule, and no
IN doubt 10 the course u pursue when the accused
waves and the prosecution demands investigation.
He would Ike time 10 cxamine the authorities The
question.
THE WITNESS SWORN
Mr. Beach then stated that an officer Of the State
Engineers olic. was present. ana begged that he Us
sworn that he might produce his evidencs, which was
certified copy yhe Ut1cia return Of Tue Erie Rail-
way Company for the ns;u year ending September ~,
Mr Fullerton protested and asked If they Intended
tu examine tho gentleman or simply give him an OPP
portunty o putting records Vi The onloe n evacncc.
Int was rcco,d lhcy would admit It Al the proper
time. lhey stood upon tue report and insisted upon
It's bcins technically right and ~ every otbcr way.
The dcfeucc relied upon II, ana II contained actS
they were not prepared to substaDtia anu sud by
Mr. Beach insisted upon the witness being sworn, as
they did to bc al ITO mercy OF the accused
his counsel. Tor, while thore might be wisdom IN .
multitude, yet there was great uucertainty
| Judge Morgan motioaed the witness TO bo sworn,
Mr.. Fullerton excepting snd earnestly protesting
against the proceedings Mr.. Sinalley then put Ia
evidence the copy OF tue report above referred TO-
| Judge Morgan wanted tue counsel to agree about
this evidence when Mr.. Beach said Mr.. Fullerton,
Lets sec VI VIC CAM put this IN shape" Mr.. Fu
lcrton, IA turning away, SAID decidedly, "No, no; l
put nothing IN shape. !"
Mr.. Beach to witucss--ls this u certified copy
o tie original report excepting tho schedules Of
deuts Appended.
Wttnoss-I believe that tis.
MIR. Fullerton again appealed to His Honor and OBJ
cctcd 10 tie examination OF the rhe defend.
ant, he sad did not participate IN tho examination VI
tho Witness
now THE DOCUMENT RECEIVED.
Hore Judge Morgan mado the tssl0n tn 1t the
animation had not commenced ana that he only
ceved the document Us part OF the original
plant, not part oi Tho examination.
Mr. Fullerton then said that II tho examination
be commenced they should ask for the production VI
tho pRper submitted.
Mr. Bcaca-Aud l givo notice tha. will produce
certified copy.
Ex Judge Fuilcrton--And wc give notice that tho
proof stands that thus Is not q certi1cd copy.
IL Was then agreed that oral discussion should
take place ~ ten O'Clock this morning before Hs
Honor relative 10 tho power oi the magistrate allow
tho accused 10 waive An examination.