New-York tribune., 1878-11-08

M bots were ont of his custody. Thereupon the order
10 show cause was issued In answer 70 IL ycserusy
morning J. s. Lawrence, Thomas Harand and A. van
derloe appeared for Mr. Tiden and the company; DIS
tict Attorney Wood and Assistant District Attorney
Roger NJ sherman for the Government Mr. Sherman
stated that the object OF obtaining the books was To get
evidence TO show the transfers OF stock OF tns
Chicago and Northwestern Railroad Company TO Mr..
Tlden exchange for stock Of the Peninsuiar Railroad
Company OF Michigan. In presenting bis mo-
ion to have Mr.. Sykes punished for con-
tempt Of court Mr.. Sherman read an affidavit
made by himself In this he stated that about one
month ago he called upon Mr. Sykes at the eompanys
Office in walst, and asked to have submitted to him for
examination the books OF the company relating 10 the
fiscal business transacted in New-York. MI sykes
answered that all such books OF the company as they
passed current sent for convenience OF
storage 10 Chicago where the principal office Of the com
pany was. The deponent alleged that he saw the SIX
hooks described In the subpoena duces tecum on ME I'D
Chicago in the companys office three weeks ago that D.
B. Redfeld. former auditor Of the company ana no"
assistant secretary. submitted them and gave testimony
regard to them; tnat they necessary evidence III
the that the common and preferred stock DOCKS
described and required by the subpoena were Kept Tor
number Of years In NewYork; that all OF them we're
in Chicago and could be readily sent to New-forR;
that they under the control OF Mr. Sykes, whose
authority recognized by officers OF the ROAD tnee'
aud they would be sent to Mr. sykes he 80 requested
Mr.
the United States District Court out did not produce the
books and papers demanded.
The affidavit OF Martin L. Sykes In reply was read oy
Mr. Lawrence. The defendant alleged that he was VICE
president and secretary oi the Chicago and Northwest
ern Railway Company; that the office NO. o2 "ail ST.
WAS branch office of the main office in Chicago; that
the books demanded had in the possession Of
the defendant four years and he nor authorized
by virtue Of his position as officer OF the company 70
books be brought to NewYorh that ne had
tn
and that they were not under bis control as Ocer OF
Albert Keep Of Chicago that the defendant bad never
the books containing the minutes OF the Pennsnar
all vouchers ial been returned monthly 10 the mead
Office in Chicago, and they had been disposed Of under
i AtnoSa to o Mr. syfess aidavIt we're the kilograms
that on Wednesday passed between himself aud b. O.
gram gram nom New York read: '1'''''
Assistant United States District Attorney shermsn
makes the Astonishing statement 10 Judge Ch0ate as
to compel me to produce books sent from tbls
office e Chicago years ago ha t0d 9 tue sCShs sS
time. There VIII be motion to show cause why au at
tachment should not Issue against me Tomorrow"
The telegram from Mr. Cook IN response was as fol-
lows; a. ,..., ,. ana, .,o.o.
ment declined to produce any books OF the company
court, gave him permission to examine them fully
clIned 10 have any books sent TO New-York. lie was
permitted examine fully any books IN this office that
The dispatches were not in cipher
Mr.. Sherman said he thought It would be singular
and beyond Its immediate control aud then on that
account refuse 10 produce them. He thought the wit.
ought 10 be compelled to exercise hIs power and
the books brought back. III ne could not do IL,
then they would have TO seek them elsewhere BR he
cramped the or his proper funct6ns by
the president OF the company there were provisions OF
law to reach him, and he could be proceeded against for
contempt.
Mr. Lawrence said that the books and papers had al
ready parsed VI the custody OF the Witness and at
present lie had no control over them.
Judge ChOaie-The question IA whether this oficers
position cOniers MIN the power 10 have these books
brought here.
Mr.. Lawrence said that Mr.. Sykes no longer re-
spOusIble for the books.
Judge ChOate-Mr. lawrence have you sny doubt that
~ these the Witness own books he would still be
obliged to give them up, although he had sent them out
Of his physical custody
Mr.. Lawrence-1haTs the point exactly they are not
his books but they belong to the corporation ana
has relieved himself from his responsibility 10 the
company by following their direction. 10 put them into
the hands of another officer.
Mr. Shorman1hc witness says that II Is the custom 10
send the books Chicago, but II IL not IN accordance
with auy bylaw, and until such bylaw II shown he
cannot from the legal responsibility OF having AL
power the books. This article OF the bylaws gives
legal custody Ia the witness
Judge CnOato said that lie would reserve his decis-
ion until Monday morning, when the Tllden suit would
probably bs called. Mr. Lawrence said lauRhingy after
the adjournment, that be didn't straw about the
matter far IL sfedted them but he didn't like TO
compelled TO do thing which he ought not to
la.Un UnNsaEa. I1Ah .lA