The New York herald., 1878-02-06
RECEIVER JEWE77.
Proceedings in the Alleged
Erie Perjury Case.
EXAMINATION WAIVED BY TIE ACCUSED.
Much Legal Wrangling and the. Magis-
trate in Doubt.

All the parties Interested the examination OF the
charges OF perjury made against Receiver Hugh J.
Jcwet growing out OF his ohcai cerldcation Of the
accounts Of tho Erie Railroad were promptly nand
yesterday morning at the Jefferson Market Police
Court It will be remembered that Mr. Jewets arrest
based upon aildsvits made by Francis Platt, Of
Louion, Charles Barrett and Alexander Robertson.
Pialts afhdavit asserts that November "a, 1877,
Mr. Jewct as President OF tho Erie hallway Company,
In conjunction with tho superintendent OF operations
dled tho Office OF the State Engineer and Surveyor
the annual report for the year ending September 80
and that November %, 1877, Mr. Jewelt made ALL
davii, una "Sth intent 10 deceive the bondholders
and stockholders OF said corporation OF whom depo.
nent Is one as TO tho true financial condition OF said
corporation he did falsely, uniawfulIy, corrupty and
knowingly swear that tho contents Of said report
true 10 best Of his knowledge, Information and
belieLn
The aside for the examination IL large and
commodous, out It's capacity was we'll tested by the
large number OF lawyers, witnesses and court hangers
on that crowded inlo It. Fifteen minutes before ten
O'Clock Judge Morgan, the justice who granted the
order OF arrest made his appearance and quickly
followed by Mossra William A. Beach and Henry Z.
Allen, who represented the prosecution. Five minuca
later Mr. Jewctt entered the accompanied by
Judge Fullerton, ex-Judgc Comstock, W. W. MacFar-
land and Dorman B. Ea,on, his counsel; Ex-Governor
Morgan, and two other gentlemen. Mr. Jewet
between OK Judge Constock and ex-Judae Morgan on
the front row OF chairs ut the end OF tho room,
Nessrs. Fullerton, MacF arand and Eaton being near
them Mr.. Platt, OF London, q short. stout man Of
very nord complexion. was a central figure.
WAVING An sxAMiSAriox
Judge Morgan pcing informed 0t tho readiness OF
both sdes the prosecution asked II there repre-.
sentative OF the State Engineer und Surveyors Office
in the room. EDWARD D. Smalley, Deputy State Enl-
ueer, responded, and asked to taxe scat 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 win the cxan,natlon wnaiover time IL might
consume; out subsequently they had cBanged tbeir
MINDS, aud now waived an examination, as they
should give bonds to appear at court
BE"
THIS brought Mr.. Beach to hts feet. He caimod
that Mr. Fucrtons assumption that, under any cir
cumstanccs, the defence could waive examination
was erroneous IL was the right OF tue prosecution 10
present evidence on the part OF tue people that It
or the death oi witnesses. The accused could
bis personal examination, but the evideuco OF the
Mr. Fullerton did understand tho law governing
EXAMINATIONS 10 DC as stated, and unless there nad
been some special legislation for the city OF Nov
York on Tue subject Tho position OF tho prosecution
was wrong. AIR Fullerton knew that the practice
waive an examination II they desire do aud give
bonds Tor appearance NJ cour. he could not see any
reason for different course la this Case Rld
| spectfuliy insisted upon his position
Dir. Beach, III response, lurther argued that me
|
Morsan's right to take the evidence OF The prosecu
| ton in order 10 discover whether the people have
been wronged Tho statue IL broad aud vide on tue
| subject, aud gave HIS Honor tho power TO inquire
into this charge aud also other matters connected
taineu the could be held bat, any other
charge which may grow out oi The ,nstion. NJ.
Beach then read IRON ,uo Revised Statutes, laying
'the magistrate shall proceed With the examinaton
! OF the charges" &c.
Mr.. Fu,erton again insisted that such examination
could ouiy proccsd when asked for Ny the accused.
III evidence we're Submitted II could not used ae
trial. II uu indictment should follow the witnesses
| would nave 10 be sworn again. He also denied tho
gentcman's law when he said that she might
10 held on other charges growing out OF tho examna
| ton. Such u proceeding would DO most wckeu, aud
ho can ony Ue required 10 answer tho charges set
forth IN tho allegations and sworn statements on
are ready, he concluded, 10 ineot any cnarge
proper time anu before the proper tribunal.
| THE USUAL PRACTICE.
Judgc Morgan admitted that the custom IN the
p0icc Court hnd been as Mr. Fullerton described Il,
but ihers had been exceptions 20 The raie and no was
IN doubt TO the course pursue when the accused
waves and the prosecution demands investigation.
HIS would ike time 10 examine The authorities The
| question.
| THE WITNESS SWORN.
Nr. Beach then stated that oflcer Of the State
Engineers olice WAS present. ana begged that hc be
sworn that hs might produce his evidence, which was
certified copy vi Ihe otciai return Of ne Erie Rail-
| 1871
Mr. Fullerton protested and asked II they Intended
tU examine the gentleman or simply give him OPP
por,uny oi putting records vi oilce evidence.
II II was record thcy would admit u at the proper
Time. lhey STOOD upon tue report inSisted upon
It's bong technically right and ~ every otber way.
The dcfeucc relied upon H. and II contained no facts
thoy not prepared to substaptate anu stand by.
Mr. Beach insisted upon the witpcss being sworn,
they did to bo al TITO mercy OF the accused
his counsel Tor whe thore might be wisdom In .
multltude, yet there was great uncertainty.
Judge Morgan motoned the witness TO DO sworn,
Mr. Fullerton excepting snd earnestly protesting
against the proceedings Nr. Smaley then put 10
evidence the copy OF the report as above referred TO-
| Judge Morgan wanted tue counsel to agree about
this evidence when Mr.. Beach said 10 Mr.. Fullerton,
Let's sec u VIC CAM put this IN shape" Mr.. Fui.
lcrton IN turning away, SAID decidedly, "No, no;
put nothing III shape
| Mr. Beach TO witness-ls this a certified copy
OF tie original report excepting tho schedules Of acc
deDt Is Appended.
| witnoss-I believe that IL s.
| Mr.. Fullerton again appealed to His Honor and OBJ
jocted 10 the examination OF she The defend.
ant sad, did not participate the examination VI
tho witness
| now THE DOCUMENT RECEIVED.
Hcre Judge Morgan made the ission Ih II the
ANIMATION had not commenced and that he only
| ccivcd the document as part OF the original com.
| plant, not n part VI tho examination.
Mr. Fullerton then said that u tho nation ever
be commenced they should ask for the production of
tho paper submitted.
Mr. Bcacn-And gvo notice that will produce
ccftiisd copy.
Ex Judge Fullcrton-And We give notice that tho
proof stands that this Is not ccrti1cd copy
IL WAS then agreed that oral discussion should
take place ~ ten O'Clock this morning before His
Honor relative to tho power o tho ALLOW
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