New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-02-07
THE SCENES IN COURT.

The various persons intimately connected
trial Receiver Jcwet gathered III the clerk
room at the jefferson Market Police Court al 10 O'clock
TO hear the arguments Of the opposing counsel anu le
decision OF Justice Morgan, the question whether
or not the examination, which the prisoner wished TO
waive should proceed. Mr. Jewett came III acconpa-
MED by his counsel w. w. Mcfarland. cIJudge Fuller
ton cx-Judge COmstocS, aud Dorman B. Eaton ana by
NJ rshal O. Roberts Ex-Governor Morgan, Colonel Steb-
bins and r. Shorrard. W. A. Beach, T. i. Fowler, ana
Henry c. Allen for the complainant, who was not pres
ent were promptly ON hand. The room was crowded
with spectators among whom were T. ID. Messer, Con-
trocr of the Pennsylvania Company; Colonel Moon, Of
Philadelphia Editor OF The Raii,cay World; j. Leive,
Treasurer OF the Northern Central Railroad Police Com
missioner Erbardt. and many officials OF the Erie Rail
wav.
Mr. Beach said it had been suggested that the
counsel for the complainant should open the argu-
ment Judge Fullerton interrupted him to say that
Nr Jewetts counsel would not discuss the point at
ISSUE which had been settled for century. Mr. Beach,
IN reply, sald he prepared TO submit Inc OF
authorities prove that examination was obligatory
upon the justce but he had no wish to make an ex-
parte statement. Perhaps Judge Morgan had already
been able arrive at decisions in that case no aIg-
ments would be needed.
Justice Morgan said that, since the adjournment ne
had read tho authorities submitted to him by the de-
fence and had also consulted with tie DistricAtoney
and Others whose opinions were entitled TO considera-
coed with examination The complaint nc said, wGs
only an allegation and merely sufficient TO Justify the
issuing OF the warrant for arrest After the prisoner was
araigned the prosecution must submit evidence upon
which the accused must he held or discharged The ex-
animation should proceed
Judge Fullerton, notwithstanding this, offered as
bondsmen for Mr.. Jewett, Marshall o. Roberts ex-
Governor Morgan. Colonel StebDins and r. Sherrard.
Justice Morgan said he could not fix any ball. for he did
know Of what crime Mr.. Jewett had been guilty.
Ex-Judgc Comsock pressed the acceptance of he hail
until Justice Morgan pelcmptcrly declined 20 receive it,
A hustle Of excitement followed this, and Joseph
stiner left the room immedateiy-one Of the counsel
for the prosecution said, in low voice, TO get writ
Mr. stiner said later that he had thought to forge
thunderbot that wOnld surprise the prosecution;
The examination then proceeded i. j.. Smalley, the
Deputy state FncneeIwas sworn produced the orig
inal report of the Erie Railway for the fiscal year ending
September 80, 1877, signed aud sworn 10 by MI Jewet
partial report, such rs is printed for general dstrib
ton also certified copy OF the original
sparrng Judge Fullerton SAID he wanted 10 know iust
what parts the report would be used evidence and
Mr. Beach replied that he did not propose to discuss The
evidence as be went along Az the items OF the report
might be collateral evidence but, perhaps
II the counsel wished, the original ami the certified
copies might be pared lie supposed The only object
" WY not do it now, while we are waiting Tor that
writ g. Tnen Mr. Beach sad that Judge Fullerton was
dogmac, but that hc (BeacD was not Inclined to be
lin not dognaticv said Judge Fullerton
"Not with me-" replied Mr.. Beach, "but with cvery-
Charles Barrett of No l49 West Fortv-frstst. was
tcuar but bad had variety OF eXpcrit noes Lately
he had been connected with The railroad business, bal
not in any particular line In December last be
ined the books OF the Erie Railway Company. lie took
items These had been furnished him by Mr. Little
tie Auditor Of the company; The witness believed HIM
self able show the funded and floating debt of The
1877.
Here long discussion between Judge Fullerton and Mr.
Beach followed The former objected TO the memorandum
which tue witness wished to consult on the ground that
the books and original papers IN court These were
then produced by Auditor Little, whom Mr. Beach
would allow 10 be sworn. The Justice finally al
lowed the witness 70 consult the melnorandum From
ii be testified as follows:
"The total funded debt it appears from the balance
sheets is $G3334,376 IL. The total foating debt
81, sol $50 SO. Thcic were Jew items amounting to
ful and l did not neluCe them in my estimate. In
making out the amount OF the funded debt Included
the accrued interest paid There were two items Of
this: First, interest on coupon account s6,S22
Tie funded debt in general consisted of bonds S4 39i
600; mortgages on real estate $l6',0Ol 90; III Msc-
bonds guarentced by the Erie Railway account Of
wcehawken docks, 100000; Interest on coupon ac-
count. SO, Sc2543 26-ts is interest in default o. the
bulk OF it accrued interest. S6l947l u. The
total is thus 500 32i.376 A. cannot discriminate be-
on my personal Knowledge. Tais total, with these
doubtful items includes all the Indebtedness of the COM
pany, shown by the balance sheets.
MR. BARRETTs RAILWAY EXPERIENCE.
Judge Fullerton then crossexanined the witness, and
drew out The following answers:
81 examined these accounts at the request OF Edson
Plat and Fowler and OF no on els nave nor talked
engaged in particular business that could specify
nine years. Before thar, for twelve years
was CHIEF bonk keeper in the Office the Vermont Con-
trail Then engaged IN gold mining aud narrOw-gauge
railways. was chef bookkeeperm the Vermont Cen
tIa and annua! statement For nine years
/ have done nothing in the way Of keeping books. /
don't know what led to my selection to examine the
books l never spoke TO General sckes. am aware
from what have seen m The papcrs that civil litigation
Judge Fullerton asked " When in Vermont. did you
objected, and said hereafter he should object
the use OF the terms III parol testimony lie wnull ar
ruled the objection. and the witness replied:
al don't know whether used those terms or not. J
Judgment and experience; Ihayc acquired that knowl
edge IN five yea,; perhaps nave eTsHe9 tue s re-
Iackawanna, and many other roads Give my
definition OF funded debit Well. a funded debt in
can't say anything else CALI and gave the funded
deb; just as 1t appeared from the balance sheeis ga
items should constitute the funded debt such bonds
funded debt should regard them such in this in
the abstract definition of funded debt in doubt
By bonds in funded debt. mean
JUDGE DoSOHUE GRANTS WRIT
At this moment. Mr.. stner, breathless and smiling,
emerged from the crowded doorway, and calculated.
"YOur Honor have in hand writs OF habeas corpus
and Of certiorar from Judge DonOhuc Justice Morgan
took the papers ana remarked tba hey were
OF o'clock. which was short time /" got thcln as
S9ps en1t e have connneS the 9ice
Accordingly the writ OF habeas corpus withdrawn
Mr. Allen said. Notwithstanding the writ. he supposed
the examiuaIOn could proceed At this Judge Fullerton
was greatly amused. The Justice then declared the
court adjourned until this morning at 10 O'clock unless
lie DECISION of Judge Donohc should alter the case
Al O'clock ali the persons interested III the case were
assembled IN the Supreme Court Chambers before Judge
Donohue. No papers had been received from the Dis
irict Attorneys Office through which Justice Morgan
would send the returns to ho writs An hours delay
occurred, therefore, but at o'clock the papers were
presented and Judge ponohue was ready to
gO Colonel Fellows, who appeared for Mr..
Jewctt ut this stage of the proceedings, asked
that bis client be admitted TO bail for his appearance in
trial court. Mr. Bell OF the Distrct-A tOney's office,
objected that Mr.. Jewett was already on bail. Mr..
Beach then made argument against Colonel Feows's
motion IL Mr.. Bells objection be overfuled, he said,