The New York herald., 1878-02-07
ERIE'S RECEIVER.
Proceedinge Against Mr.. jew
EFT Continued.
JUDGE MORGAN REFUSES BAIL
The Case Transferred by Habeas Corpus
to the Supreme Court

yesterday morning, before Judge Morgan, IN tne 'ei
ierson Market Police Court On the Sixth avenue SIDE
Of the court house the presence OF large NUMBER Oh
carriages attested the interest which moneyed men
taking in the proceedings, and IN the court room
there were present among others Ex-Governor Nor
gan, Marshal o. Roberts, ex-Ju udge Comstock, Colonel
Henry G. Siebbns. General Martin 7. hcNahon, Coio-
mel Fellows, Superintendent Bowen, OF the Erie Kali
road; Colonel Dupoy, Of the Mobile Railroad; Jonn >.
Leive, OF tho Northern Central Railroad; John Il.
Dillon formerly broker for the Erie Railway In The
days OF Drew, Fisk Co., and Mr. Brown, oi the
Fourth Avenue Railroad The room IN which the
proceedings took place, although spacious one, was
crowded by counsel witnesses and interested specta-
tors, who paid marked attention to what was taking
place before them
THE PROCEEDINGS.
Judge Morgan having announced his readiness 10
proceed vi ten minutes after ten O'Clock Mr. Beach,
OF counsel Tor the prosecution, said he would ask that
the accused be denied the right OF waiver, that Tho
examination should proceed ana tnst he would pro-
duce evidence tending TO sustain his position. Mr.
Fullerton would not discuss the question, saying his
clents rights century old. Alter snort reply
from Mr. Beach Judge Morgan stated that he had read
the authorities and consulted the District Attorney;
the statute was mandatory and would proceed with
the exam nation, otherwise he would be derenct In
duty. The witness would, therefore,, be sworn and
the 90
Mr. Fullerton offered bail for Mr. Jewett and asked
,heCourt the amount The bondsmen offered
" counsel Marshall o. Roberts. X. Sheriff. ex'
Governor Morgan and Henry G. Stebbins. Judge
Morgan declined accept bail until his maaiserial
duties had been performed. Mr. Fullerton protested
against this decision OF the Court
Mr.. E. d. Smay, Deputy State Engineer, upon
being sworn, produced certified copy of the report OF
the Erie Railway, ned November "a, 1871, and sworn
h, IL I nf nj rOad
Fullerton waived his right OF cross KAN nation and
ne REPORT, whose leading features have already been
published, was put in evidence Mr. Fullerton asked
lhe prosecution 10 point out particular parts OF
the report which ney relied upon he objected 10 the
ihrowng in OF bushel OF cnan witn a gram
OF wheat Mr. Beach replied That tho prosecu-
ton already stated their reliance upon four spe-
clnc points, but claimed their right to use any matter
which might prove to DE untrue The Court agreed
with Mr. Fullerton, aud believed 1t useless 10
bark "a fishing excursion" through such bulky
document Mr. Beacn supposed The gentlemen
TO kill lime, they were then preparing an
application for a writ.
AN EXPERT on THE STAND
Mr.. Charles Barrett, OF No. 149 West Forty-lrst
street, beng sworn, SAID he was an expert in accounts
md had made examination Of the balance sheets
md some OF the books OF the Erie Railway Company
iu December last; balance sheets were gwen 70
the witness by Mr.. Lutte, The audnor OF the road.
''Are you able" asked Mr. Beach, "to state, from
such exaninalion what the funded debt OF the COM
pany was Tor the fiscal year OF ls77f"
Mr. Fullerton objected. There had been no con-
nectlon established between these balance sheets and
MT JewetL The paper spoke Tor itself and could be
put In evidence. Some legal sparrng took place
between counsel, alter WHICH the paper IN Mr. Bar
rett's haLds, made out by him from the balance
sneets, was submitted IN evidence.
The witness continued -Ine paper presented by
him was a memorandum OF the items which he had
copied lrou The books
Mr. Alien, vi counsel for the prosecution, askedthc
witness TO state tho amount vi indebtedness oil The
Erie Railway at that date. Mr. Fullerton objected,
suy ny mat the balance sheets would show this
Mr. Little, OF the ErIo Railway, then took the
stand, and handed IN evidence Receiver Jewett's
books, alter which Mr. Barrett was recalled and
identified the DOCKS as ocing among those whch he
had examined Mr.. Alien then repeated his question
10 The OF the Erie roads Indebtedness aud
Ar. Fullerton again otjec.ed. Finally Tue witness
was allowed 10 make his statement BASED upon his
own hgures, which he mad copied from the company's
books.
Mr. Barrett said that the sum OF the funded debt OF
the Erie road, for the fiscal year OF 1877. was
$G3 324, ,376 AZ, and the 1oatng debt amounted to
s4,sGl, ,oS3 Sc; several ltems which amounted 10
S2y2, o5S 81, were not included. IN the sums men,
Toned as the witness sure they properly
belonged 10 The floating debt. The totai amount of
the Iuuued floating debt, exclusive OF the
S292 s5s 81 was SOS, IS5,ylO So The following were
ciassca Items oil the companys funded deDt:-
Bonds. s54, 1874 600; mortgages on real estate,
SI67, ,vol co. Weehawken Docks, 1920 100 40; Boston,
Weehawken Docks, $4Oo. 000 interest on coupon ac-
count composed oI interest Ia doiauit and in proc
ess Of payment, &c. S22, ,543 20; accrued interest,
SoI9 All IL None of tue company's 1oating debt Is
counted under tue head oil funded iebL
UNDER cRoss-ExAMISATioy
The witness stated mace the examination OF
the companys books at the request OF Messrs. Dun
ning Edse and Fowler; he had peen engaged in gold
mluIDg, slate quarryin, steam shovel man ufacturng,
bookkeeping; upon narrow gauge railroads ana also
with the Vermont Railroad; could not say whether,
long ago. while engaged The Vermont road, he had
occasion TO the terms funded and floating debt;
had see HOenerai sckles but did not know him; he
had not been spoken to by counsel engaged ~ the
Ere suits.
q. Where did you acquire large experience you
speaE of IN railroad affairs. A. have examined the
annual reports OF the Michigan Central, New Jersey
Central Delaware and HUDSON, ana Delaware, Lacka-
wanna aud Western ana several Boston roads.
Sir. Fullerton now pressed The witncss tor IL de6ni-
ton oil wnal constituted IN his opinion, funded and
1oalng debts. Mr. Barrett looked very much puzzled
the counsel propOunded poser after poser Insisting
upon an exact Gchnitioh oil the true Classes OF debs,
aud urging ann 10 INFORM the Court what exact
induced him 70 class one item in the floating and an
ether IA The iunCed dcbts accounts.
Az ISTERRuPToN
Al this Juncture much the evident relief OF the
witness, Air Joseph Stiner pushed his way the
GENRE oil tue room ana holding some papers above his
head suid:-
..Your Honor | have writs of habeas corpus and
cerliorari issued by Judge DonoLue or the supreme
Court, relurnaoe al one O'Clock, which now serve
ON Your Honor"
10 Courts aDinty 10 nave the papers ready by
one o'ciocS Has honor declared the proceedings at
end before hini.
IN SUPREME COURT, cHANBERs.
At the appointed Time Supreme Court, Chambers,
began 70 MI with the lawyers and parties Interested II
the case on Dotn sdcs. There we're present Tor the
prosecution Messrs. Henry o. Allen aud W. A. beacn,
ana Tor tue defence exJudge ComsIocA Colonel John
X Fellows and Mr.. MacFarland Receiver Jeweit
present, anu next 10 him sat Ex-Governor Morgan.
A. Two O'clock Judge Donohue appeared the
bench. but tDe wri. OF habcas corpus was not
turned. Some one suggested that II Dad been taken
10 the District Attorneys once, and messenger
was sent there ior It. In lew moments Assistant
District Attorney Bell appeared, ana said that the
writ had not yet been received recess vi one
hour was tuen taken to allow Judge Morgan TO re-
the from the Jefferson Market Police Court.
Al quarter past three all parties again entered tne
cour, roop ana Ar. BELL presented the writ, Win the
accompanying papers lie read the return which re-
iatod TO tue history of the Jefferson Market
Court. IL showed that at ten O'Clock on the morning
OF February yesterday the Judge continued the
hearing o tue Case. The prisoner renewed his oner oi
bail winch the magistrate docined to accept ana pro.
creueu Win the examination. Two Witnesses
sworn, and WINE the second was being examined the
writ had been served, and proceedings were conse-
quonty suspended
SIR. Fellows moved that His Honor Gx bail in the
case.
Mr. Bell nterposed that Mr. Jewott was not In
tody, but was already out on bail
Mr. Fellows replied that Wy the present conditions
of his bail bond Mr. Jewett was required 10 attend