New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-02-22
THE TWO PARTIES in ERIE.
ACTION OF 4 MEETING IN LOSDoN-THs AccooN
IyGs-JHE PERJURY CHARGES.

ACTION OF 4 MEETING IN LONDoN-IHs ACCoONi
INGs-THE PERJURY CHARGES.
The following dispatch was received yester'
day from London by Receiver Jewett, OF the ETC IAN
way:
meeting of the Erie bond and shareholders was helo
here to-day. Resolutions unanimously adopIeo ~
support OF the present plan OF reorganization ana IN
dorsing Receiver Jewett and his counsel also denou
ing the parties who melting aud pushing me
itieaon against the receiver in NewYork and stating
that Mr. Pterwhose used as one OF ie pai
tins in the last suit brought asalist thcieoe' ''
that such use ia without his authority.
The accountipgs I'm the reference before exJudge Spe
Ger In the suits Of the Farmers Loan and trust COMPANY
and OF Bancroft Davis and Others against the rccee'
Of the Erie Railway, were interrupted last Iuesday W
objections offered by Mr.. Arden on behalf OF certain
Judgment creditors Mr. Atterbury, OF behalf OF Re
ceyer Jewet YESTERDAY presented his answer 10 the
objections He claimed that the manner ana form VI
the accountings in compliance with the ORDERS VI
the Supreme Court. The referee had no power "
marshal the debts and assets OF the Erie haiWay
and settle the rights OF the respective
obiectors were Judgment creditors, holding hens
to those Of all the mortgages III qlesioi. ~
that they could not avail themselves oi as i indy
TO discover property upon winch 10 levy uer JUG
ments. ,.. =, o,,or % 40
term,ne these uuestiops He would take the objections,
answers and exceptions TO the Supreme Court with ms
final report on the accountngs and the obectors must
seek their remedy from the Court. The hearing was
adjourned until Saturday morning.
THE PERJURY PROCEEDINGS.
Receiver Jewett was charged before Justlce Morgan
with perjury, and demanded an examination He after
ward waived further examination and demanded admis-
sion to bail. Justice Morgan thought the examination
should continue, but Judge Donohue being appealed 10
directed Justice Morgan fully to commit Mr. Jewet Win
or without bail fully to discharge him. FROM FROM
that order DistrctAttorney Phelps appeaieu
by certiorari to the General Term OF the
Supreme Court which met to hear that appear
Yesterday william A. Beach, appearing for the appeal
argued That the purpose OF criminal examina,i o
be fore magistrate not merely TO secure the per
ION OF an offender. The methods prescribed by Tue
statute and absolute directions had much broader
scope and looked public purposes rs well rs to the
security Of the accused person. Those public objects
the accused person could not waive. The object IN III
part give authentic shape to evidence to correct
mistakes In the complaint and to find who are material
Witnesses 1t further urged that under the haDeas
corpus act Judge DOnohue obtained no power 10 inter-
fpre with the examination, that act merely annug 10
secure TO an accused person proper bail
on the oILer hand William Fullerton and John r. Fell
lows the respondent claimed that II was unheard OF
that an examination should be had where the accused
prisoner did require H. The whole purpose OF tho
examination completed when the prisoner gave pail
There could be perpetuat0n OF evidence by the ag
tate for he not bound to observe the rules OF evil
dencc. The examination was only given the accuseu
person desired IL. The court reserved It's decision.