New-York tribune., 1886-02-02
THE BROADWAY RAILROAD
JAMES W. FosHAY SWORN AS A wrvNEss
THE EXAMINATION TO PROCEED on WEDNESDAY

THE EXAMINATION TO PROCEED ON WEDNESDAY
UNLESS STAY is GRANTED.
Although the Supreme Court Chambers was
deserted yesterday morning save for dozen reporers
and many lawyers. Of high and low degree With their
clients. 1t filled up IL by magic when the clerk called
flames W. Foshay the first named In the batch OF DO.
PENDANTS which includes Jacob Sharp, in the suit OF
Charles Frothngham and others against tho Seventh
Avenue and Broadway Railroad and the Broad
way Surface Railroad. Judge Barrett was pre-
siding. A voice from the throng answered
Here" when Mr. Foshay's name was called.
and Joseph H. Choate Of the lawyers for the ds-
fendants stepped forward. Mr.. FOshay suppose, Is
here he said addressing the court but an appeal has
been taken part OF the defendants to the Court OF
Appeals from the order OF the General Term directing
the examination proceed and 1t has been perfected
by giving the bonds required by the CODE suppose
my learned friends the other side have tmo 10 look
into it satisfy them that whilo that appeal Is
pending the examination cannot proceed MI. Choate
smiled blandy At Eihu Root, who ,lidht return lno
smile, but replied imagine it would take long time
to satisfy us and ITO Judge Barrett d9nt Ano" low
long 1t would take TO satisfy your Honor"
Judge s1 no % %ay tGe teS eSu can
Mr. ChOate-Then will ask permission TO make appl'
cation to your Honor for the same y, sroe sucb notion
Judge Barrett cannot hear such motion now.
Mr. Roo-Your Honor VII perceive thse hsep spSeetsS
JnSae Bsrrett-The proper way is 10 apply for an
witness take d default. 4. A.. -.
MIR Choate-I have the least objection 10 the VIII
ness being sworn, though think we are entitled 20
stay would propose that the wlthess De sworn auo
the matter stand over till Wednesday morning.
Mr. Foshay, the president OF the seventh Avenue ana
Broadway Ralroad then took the OATH Mr foshay mas
rly sidewhiskers AMI military air. and suggests tae
pictures ruler OF Germany. Emperor "idih' Win
some ten or fifteen years stricken OIL MS age . .
Now as to tie other defendants who are oriereu 20
appear here for examination" sad MI lRoo ohriDelhS
sworn, SUPPOSE 1t Is not necessary that the onets
shOuld remain here pending the examination II the At
already made with the counsel on the other
side to produce defer endans when required can 10
continued. -. - l., han,
Mr. Choate-I cannot keep six or eight men IN manu-
They have that they Will coue When "ahsu
am not going 10 he their custodian AIdres lhG Judse
Barrett ask that further proceedings may stu oNc
until Wednesday afternoon, that we may nave an oPPor-
tuny TO appy TO your Honor WedDesday morning ior
a stay pendng an appeal To the Court OF Appeals.
Ind ye Barrett-Settle II among yourselves. -
Mr. Choate, Mr.. Root, Robert Sewell ana GrahVIhe
aye es then put their heads together for Few nlhars
and with Mr. Foshay proceeded to Mr SeweIls o,nev:
There Mr. FOshay asked the usual form Al qustios
as to age residence etc; and identified cas-no0A a
edger AS belonging the Seventh Ayenne aud brOau
way Railroad Company. lie expressed hs wiiiIhgnesS
10 produce whatever hcr books might be deInand",
and wasasked to have ready the check book ana ourh
OF the company his examination, "hich IL sly
OF proreedings is not granted will take pace ~ l
ewes Office the Mutual Life Insurance Building On
Thursday morning at ii o'clock.