New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-11-22
ELEVATED RAILWAY SUIT.
apopGy + GOULD AND Mr.. FIELD TESTIFY,
LIVELY PROCEEDINGS BEFORE JUDGE VAN PFUSr
,p c,NrrR's OFFENSIVE REMARK.

tofna
Could and Cyrus W. Field. The examination OF the
,tesses was conducted mainly by James C. Carter Tor
the plant and by L. j. Yanderpoel for the defendants
vrancis n Barlow went occasionally to the aid OF MT
Carter while David Dudley Field kept close ana con-
slant watch for the defence.
GEORGE J. GoULD's TESTIMONY.
George j. Gould entered the room about p. M anu
was almost Immediately called to the stand His manner
was easy and his were carefully wegheu anu up
parently frank He testified
lam banker and broker, and have been III ou'nio'
since September, 1881. Before that time was iooe
after my fathers affairs and was at NO 90
MY father is Jay Gould. was with W. Il. COMM, " -
had nothing 20 do with my fathers dealings IA uUr''
tan stock. I do not know what deannEs OoH
nor A. Co had in Manhattan STOCK
was looking after the loans counted mem mem
and locked them up at night ana uoeAo' '"''" - W"
morning - ,,,,o.
The witness was then asked II at the time any MannaV
tan stock stood in his NAME to which he rephed'
No. 40 FAR "a I know or recall now. There may have
beO sop,e standing in my for election purposes.
never owned any, DO not recouect having t
@ do NOT know who owned any Manhattan stock that
may have been standing In my name, tool, T., o,r nor,e
Mr. Cartcr-Did you ever hoa any s'ocA III yum ""N'
Mr. oudI don't remember anytnng in D nanc
Mr. Caref-IS there anything in the bookso enaDiey
Me- nniI suppose there would be but know moth
ing about the books
no"Is 'I' don't understand keeping books myself and
Don f%N Inn might he able to get some information from
the purchase and sale book, , .,, o,,cor in the
Mr. vandepoel-Does the loaned STOCK "pp''' ." WAY
purchase and sale book
Mr. Gould-it does not. ,, tho hooks
Mr. Cartcr-Were you subpGnaed TO bring the oooAS
into COURT .,, T don't knoU
where the books are.
WHAT THE SUBPOENA CALLED FOR.
Mr. Carter then read the subpoena and MI IouH s"'u
that he hal read it and understood it' purPor'. ,.
But exclaimed Mr. Field rising quickly to his teet,
that was s,bppna which you had no right to get out
addressing Mr.. Carter
"What :" exclaimed Mr.. Carter y NO HSHt " SUI
rona witness TO produce books"
No- in this wav" responded Mr.. Field There Is no
evidence 90 show that the witness has any interest III TIC
Sr vanderpoelThe witness says he does not know
VIM" 4rIre e' Van Brnnt-Dd you look for thcml
Vr Could looked for them in the safe ana through
tie oGi,e. asked no one tOr thell. $500, H.. -, ,,,o
Nj Yandtrpoel-The hrm has changed since the time
r tCSarrcni not the subpoena call on you to pro
due certain order books and purchase and sale books OF
Could for the time between May ana DECEMBER l.
ISL -.,..,.... 49,, oo,.o 49,, =,
the safe where the books were kept made no inquiry
o. any OF tne c Ti T do ANYTHING except Iookl
Tir Could locked for the books, but said nothing
a@5p' rT addressing Judge Van BrunO-Your Honor
] submit that the books should be produced d! tue
n5s Van Ernt-I de not think there is sufficient eyi
dence that the nouuflment OF the writ should not De
Mr. vanacrpoel to the witness,-Do you know where
Ifr GoUd2No sir Ihave no idea. have looked in
tbc only place where supposed they might be- l saw
them ist u.t before January. lS-9. Everything was
t iC Of the 6o"t beforc or since. made entries.
Ir GonId-The old firm was dissolved and new
formed We wished TO bring settlement the first OF the
Str Gould thought Of going abroad then, and so the
change made in January There was no new partner
aud none went out The only change was, think, that
Mr. Gould withdrew some capital Mr. Common is away
present
Mr. Carter then asked that the witness be compelled 10
produce the books, as he had the control OF them a. the
,,rIuci,,,I ,r,InDer OF the present IN the city
Judge Van BrUnt-Therc is no reason why the Court
should exercise the power 10 compel ihe witness to pro
duce books which he knows nothing ah0u.
Mr. Carter warnly-i dd not 5iimS that the Court
Jadre Van Brnt-There is no evidence 10 show that
the witness knows anything about the books
Mr. Clrter-He must first satisfy TIE Court that they
PLANTATION why books presumably in existence have not
been produced.
Mr. Barlow-If this view of the Court is enough. no
books can ever be produced in court
Judge Van BTnt-I shall make 10 order on the evil
Mr.. Caror-I move then that the witness be adjulged
Judge Van Bruut-I deny the motion.
TIE witness was then excused and ne LETT the court
ROOM
wHAc MR. FIELD SAID.
Cyrus W Field then called and testified to this
effect
an not in any business except oodng after my own
affairs have had large connections with the elevated
f fe SeYe cyacd Railroad stock and bond There
was single track then from the lower part % the city TO
about tInuttl,st, Ine collPIIS wa ,ni @ i1'
construction, then stopped was resumed 5ooh hlei;
became director and president OF The road remaining
president until it was merged III The Manhattan ConpIny
The roads were independent until Nav 90 1879 the time
the tr1partitc agreement, after which he the con"
part in the partitc agreement IA was 10 san for
Europe the next day, became director Of me Man |
b.ff. (ogttn
pec the structures II the Others could not had moth
INC 10 do with forming the Manhattan Company Invent
into II because II was there and because half of
owned by each OF the other companies hal desire to
furnish rapid transit FOR New-forkClty.
Mr. Field then gave account Of the division Of stock
according to the agreement TIE New-York and Metro
poan stockholders received share for share In the Man
haitian. Regarding certain dates which Mr. Carter |
wished Mr.. Field said he could give fate nforma
ton He had been abroad about eight months ont of the
year most Of the time for the last twenty years The
only two dates nc could remember determined
by his going TO Europe the day after the pare agree
ment and another when he started 10 sail around the
world on the night Of President Garields election he
could not tell how much Manhattan stock he had taken
May, 1873. There was not as much as $4,000 shares
David Dudley Field here protested against making In
ouiry into private affairs. Judge Van Brunt held that
tn had right show the interest OF the various
parties 10 the suit In the various companies The witness
said that his interest changed from time time
he could not tell the amount. He had sold his Manhattan
stock open market in the fall Of 1879: He continues
supposed had sold all had and went abroad. While
IN AcTs received statement that there thirteen
shares left On my landing in this city told my 10
sell these before reached the house.
Mt Carer-I wish your memory were as correct In all
respects.
David Dudley Field Gising excedlyJ-YOur Honor,
protest against that answer IL is offensive.
Air Carter-I did not 50 intend IT,
.ndIe Van Brunt-It was not called for.
David Dudley Field with emphass)-It grossly
or uSivc.
Cyrus W. Field had grown red in the face, and
about to add his protest when his brother exclaimed
to him: - beg you not to speak. The remark
gI"-s.y offensive
MI Carter again disclamed any such purpose, and the
proceedings went on in a somewhat chilly atmosphere