New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-11-04
MR.. TILDEN'S OBSTINATE BROKER.
J. b. CoLGArE's HURRIED TESTIMONY.

PrErAHATIOSs FOR A EUROPEAN TRiP-Dlsikl CT-
ATTORNEY wooDFoRD's AtTIpAvIT
When United States Commissioner Lyman
called ou james b. COLGATE To take the wiincssstlnd
yesterday that animation in dc bonc esse pro-
ccedlncs IN the SUIT brought by the Government against
samuel j. Tiiden for arrears of income tax might he
continued, William Alien Butter. h- counsel, announced
thai he had made application the Court to have ir
Colgate relieved f4om urihcr attendance the pro-
c,cdiug> lee served On DStrlcAttvrnoy Woodfood
order OF the Dsirc. Court 70 STOW cause why the
application should not be granted Al persons inter-
csted IN the examination then repaired q the court
ROOM where Mr. Butler read affidavit setting forth
the proceedings the dc benc proceedings up 10
that time. aud stating addition that the entities in
the books OF the hrm Trevor CO- not made
by MI. Colgate and that consequently he could not be
asked to testify regarding that his proposed trip
Europe arranged long before these proceedings
Instituted that he to start the proposed
trip to-day. and that nc will not be away more than
thirty days; and that II necessary for the witness
be excused from further attendance to enable him to
attend domestic and business aaIs before his de-
parlure
Distrct-Atorney woodford opposed the application.
ana argued that the statute gaSc the Government an
absolute under the circumstances examine the
witness Tde evidence already taken. he contcndcd.
would show that Trevor & Colgate Mr.. Ildcn's
brokers that they acted with him In certain
transactions which realized him upward of half NIL
the transaction. made record Of II In their books and
furnished II den with transcript Of the the
books pertain the cause aud should be produced.
Judge ChOdc said that H. did not think that ar entry
IN brokers' ledger would bind principal. Mr.. Wood
ford contcnded that it would II 10 shown that
copy OF IL furnished 20 the principal He
ceeding read %! the evidence taken in the
animation when Mr.. HaIland. counsel for Mr.. Tden,
objected He held that the deposition taken In
the suit before Trial, 10 he opened ana used
on the trial. and lie did rot desire to have it read
any other proceeding. Hit used he would oh
icct To ITS being read the trial. Dslrct-Attorncy
Woodforo replied that II Mr.. Colgate escaped the peIs
of the hc would be examined orally the trial He
then read ;he following affidavit:
District Court OF The United states for the Southern
District o. Nrw-York United states against 5 anu J.
Tiltcu. southern Dsiuct of NcW-Nork. -: stewart
T.. Wootord. at racv coz fhe Umtrd states being duy
sworu saws on information ana benef:
The defendant. having knowledge of The projected
way 10 ne Psnn~ iyania central Railroad before
siuc came generally known, communicated The nict
Trevor Colgate thercuuon purchased $4,000 .har Of
sand raiiW NV ANA ncld zine same until tho
l.ase h'cnne puhhc'! en"Mh' al Much tlhe ihr N'u"
thereof Increased greatly 300 the m rkct They There
x,,r inv ivit,i vim ila J.eri1,f h. IN n'nf of
au agreement nadr between him ANA them az the time
b. uade
l.-e transactions AN began ami ended between TIE
dty January ANA sine 3lst day oi - ccuhcr let3
10 ,. i7 81, - ' a.. ~ ~, a.. IN, ~ no.,
Transaction, were en- cred as they u'i. were k'p
10y Trtor * tDigal. aud ti.y are uos, or wore untl
recently. iu DO, cu~..dr, oi James b. Colgate * Co..
Tie LOGGER kent bN Trevor n COLGATE durug that
Shows, at ole time sioUcd, balance ari-n- cui al
-ttuul in ct lend iui'~ credit ou d.
crrNcr 81 1850. ~ oyer -5.u.liJ believe tiuf these
t..us c.ius cam be- prov ro uN James b. toeit "nr e.
'faF-s- cot said lru ol IcNor q Col. at. pnd ll
SAID books oI accHlut uld 100 lfrr, lHt ly satf d. -er
Therefore rcg1rd ANA VcIv believe thu said Co'erfc
tri aud material witness Tor The plaintiff tu
tu- .rron, W1ic D.. lfouEt io recover unpaid atts 'u
ucrm. fo, tlc JcdT 1ciwc January l. I~G2, aud
December 81, ISL t.s1 utl Y thar sad books %!
account. and particularly said LEDGER. contain material
competent evidence for the piaimtf herein.
Dr.. icNc the sources of my Information 10 he trust
worthy. hut Uo not disclose q. ~ M tIi> affidavit hc
20 do 80 would be detrimental % tie l1ipins
interests. SrLWAET l.. MOODTORD.
sworn to before me, November 3, $50.
MILAN G.. CHoATE.
Nj Butler said that his client Informed Inn that Mir.
Tildon O., Yer had access 10 Ms BOOKS
MI COcatc-No; 10 on ever had; not even tn Dis
trct-Au0ucy of the United States. I'll 20 Ia iml fist,
Nh Butter put -ii ayif made by Mr. Colgate 70
fhe effect Statement made in tLc affidavit o.. the
D-ticttti gacY. t"f tic defendant had access 90 The
i.o. ks ui IitVnr s. Cnl-itc. was wholly uu.iEc.
judge lutf. tlra announced That nc Au seen noth-
ing vll. showed thtt the hooks wOu.d Zoe competent
ry cuc, fl iri d. and bee added tuaf he clear
tLat Cnurt mad cJmpeteuc' 10 excuse the witness
Mr. Co-it in reply 10 hs counsel. said hat The books
vCre possession and would De preserve uu aitcr
The trial.
Judcc Choafe then ordered that the examination Of
the 10" udei, ni proc rdg> b inrc tie
United states ConllS Oucr Joe terminated aud The W.
ness discharged from aiteudancr AT The interval
testimony, which he sgncd. The proceedings then
closed.