New-York tribune., 1883-12-11
coNNoR & co.'s MISSING BOOKS.
MR.. MoRosINI UNABLE TO FIND THEM-AMoTIoN
TO COMMIT HIM.

MR.. MoRosINI UNABLE TO FIND TuEM-AMo
TO COMMIT HIM.
The suit of the Metropolitan against the
New-York and Manhattan Railroad Companies was con-
tnued yesterday before Judge Van Brun g. p Morosin
OF the firm OF w. L. Connor Co.. in which George Gould
partner and Jay Gould is special partner, was re-
called. Mr.. Carter asked him IL he had produced the
books OF the firm showing transactions in elevated rail-
road stock between May 1 and December 1, 1881.
Mr. MorosinI have searched again for the books and
have not found them asked each OF the clerks about
the books They had not seen them since the hiln was
MI Carter-Did you ask br George j. Gould about the
boOksf ~
Mr. Carer-I characterize this proceeding eItraor
binary There Is nothing in the evidence calculat
ed satisfy any that requisite and proper efforts have
been made 70 produce these DOCKS somebody @ inust
Mr.. Evarts-Mr. Moroslni has power to take the
oath OF the persons having the control OF these BOOKS
He shows that he has msde exhaustive search. Ho
himself from any original relation to the books,
Judge Van Brlnt-I cannot understand that the wit
cannot produce the books The question Is whether
Mr. EvarsHe says that he knows nothing else that he
can do, and know OF no coerciye power.
Judge Van Brunt-There ought 20 be something explain
atOry OF what has become OF these books. -,
General Barlow-SOmebOdy IA the custodian OF the
books and somebody should know whore they are.
Mr.. Evarts-Perlaps Mr. Connor Is the custodian, ana
perhaps Mr. George j. Gould Is. do not know anything
about them in that respect There s nothing to show
that Mr. Morosni Ia the custodian.
Judge Van Brnt-lt seems 10 me tnat some rfter e1-
planstion be given of the disappearance of these
books.
Mr. sewell-If that we're q bond for 100000 think
the witness would make thorough search for II.
SIR Eyarts-In that case ne would commence suit to
recover II.
Mr. sewell-Then let him commence suit 10 recover
these books.
Mr. Evarts-Ob he can wait until this suit is concluded
Mr. sewell-we are gre going to imprison the legal
custodian OF these books uness he showswhich he has
not yet-that he was illegally dispOssessed OF them.
Judge Van BruDt-I do not understand that party
should be in actual Of the books IN order opro
the control OF Mr. Orosn He was amember OF the
firm and has as much right 70 the possession OF me books
any other member OF the firm. am not satied that
there is evidence to justify me IN saying that Mr. Morosn
should satisfy the court that the books are not within
his reach. -, ,., ~, .. 49,, ..,, In,
about these books than you have stated
Mr. Evarts-EIaye you taken all the that you
know OF or that TO yOlr mind to hnd out where
the books are
Mr. Morosni-I have.
Mr. Eyarts-Is there anything within your power
10 find out where these books are
Mr. MOrosni-NOt that know Of.
Judge Van Brunt not satisfied with Mt MorosinTs
explanation and Mr. Carter asked for order for the
commitment OF the witness for contempt
Mr. ed-I deny the power OF the Court TO get at any
T ara the subject oi gaton or course II your Honers
mind 20 the contrary. can say nothing TO change IT,
Judge Van BruntIt would take great deal Of argu-
mout 10 change It.
Mr. Fied~f DO not think the courts Of this land are
vested with any such power IL would be inconsistent
with the freedom OF citizens.
Tho counsel on both sides then decided TO hand in to the
court points upon the question at issue and Judge Van
Brnf said that he woud receive them. Mr.. MOrOsini
was then excused.
sH Kneeland, being recalled, testified that be held
$4,000 shares OF Metropolitan stock in October 1881,
and this he had not sold He had 400 shares OF Man.
haitian stock them most Of which he sold month later
Cyrus W. Field was recalled. His rc-examinaon Will go
on to-day.