New-York tribune., 1878-02-06
RECEIVER JkWETT IN COURT
HE DESIRES TO WAIVE EXAMIEATTON on THE
CHARGE OF ACKNOWLEDGEMENTS TO BE HEARD


HE DESIRES TO WAIVE EXAMIEATfoN on THE
CHARGE OF observation-disclosures TO BE HEARD
TO-DAY.
The clerks room Of the Jefferson Market
Police Court crowded yesterday morning. on the oc-
casl0n OF the preliminary examination OF Receiver jew
et the Eric Railway Company, on charges OF per-
Jury The first person to appear in the was Fran
els Patt whose affidavit was issued the order OF ar
rest He strolled in fully half hour before the pro-
ceedings began and moved nervously about from one
chair 10 another. He is a short stout Englshman with
full orid face. light hair and side whskers Promptly
at 10 o'clock, William A. Beach, counsel for Mr.
Platt, entered the room with Henry Z. Al
len, the cOmplanans attorney Soon after came JUS
tlce Morgan. followed by Mr. Jewett his counsel, and
Ex-Governor Morgan and exJudge George +. COmstock
Mr. Jewett took his seat between Messrs. Morgan and
Comstock. Around him we're grouped his counsel ex-
Judge william Fullerton, DOrman b. Eaton and W. w.
mcfarland Near by sat A. R. Macdonough, Secretary
of the Erie Railway Company.
AT the opening of the court Mr.. Alen for the COM
painant called for the representative Of the State Eng
peer and Edward ID. Smaey took the witnesss chair.
At this point ex,udge Fullerton said: Up o'clock
yesterday afternoon 1t was Our purpose TO proceed wh
this examination. What has occurred since then mas ~
duced to change our plans. We therefore desire 10
i've examination and give bail Tor appearance at
Mr. Beach replied: "The counsel announces his de-
termination absolute aud conclusive, but such action
is not In the discretion of the prisoner understand
that the statutes provide this examination shall be
imperative This done the evidence for the
people and thus guard against the death of any wit
nesses The defendant may Of course, waive his own
examination; lie may defer prese ntng MS own WIT
nesses but claim that this examination Is not NJ MS
optOn IL IS u large and broad inquiry TO discover
whether any criminal wrong has been committed by the
accused OF kindred nature 20 that mentioned III the
complaint 1t embraces all subjects cognate with tbls
Justice Morgan said that it had been the custom e. al
low the prisoner examination but he was IN
doubt magistrate would not be obliged to hear ev
dence IL the prosecution insisted. lie wished further
time for reflection and asked the counsel to send hn
their authorities. He decided tnat he would admit wth
the original complaint, the certified statement OF the
Erie Company for the year ending september 30. 1871
Judge Fullerton objected 10 the introduction OF this be-
fore the formal examination He said he should
desire its admission at the proper time IN
deed upon its integrity that the defence would be
based. Justice Morgan decided TO admit the report
1t was TO by T. d. Smalley. Deputy state Engl.
neer. report sworn TO by the same oifcia Dut not
containing the schedule accidents also admitted
Judge Fullerton objected to the whole proceeding de-
caring the last document not evidence even according
to the testimony OF the Deputy.
Judge Morgan announced that he would hear argu-
guments and decide upon the question OF examination
this morning at 10 O'Clock.