New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-11-27

other eases IN court, while il was at the same
time kept IN the hands of Judge Cardozo There
was an attempt To avoid this by suffering default iii
SUCH a way as aiterward to revive the case before
impartial judges. but this was defeated by OGOTman,
VINO mao now followed Judge Barnards example, ana
changed sides, and who at this time June, lo6Sl
az an important argument cOntTiyed to prevent Mr..
Williams from being heard at all.
The case coming to final trial before Judge CardozO
IN consequence of OGOrmans action about the de-
fault, the latter managed to keep out of Court the
witnesses who might have prevented Wood from
gaining his case lie also caused the calling of Judge
Barnard as witness who swore to sundry matters
IN direct contra LECTION of statements which he had
before made in presence of witnesses Ottoman on
this occasion also prevented Mr.. Williams from max
ing any argument and in his speech retraced
all the charges of fraud between Wood and the Com
mon Council. The result was that on Aug. !, 1868,
Judge CardoZO decTeed that Wood could have his
money. formal appeal was taken, but III such a
manner that there Is no reason to suppose IT VIII
seriously impede Woods obtaining his $lSO,OOO.
Judge Barnard, Judge CardOzO Corporation
Counsel OGOman, and Mr.. Williams, are the cnleI
personages of this drama
1t is true that IN the gloomy back ground therecan
be seen the gigantic shadow of Fernando WOOD,
pulling unObtrusyelY the strings which move DOth
Judges and Corporation Counsel. We need not iake
him into the account But we may properly, snow
how the author has enlivened the dry thread OF these
legal proceedings by hanging upon 1t here ana theIe
whatever pictures his material Afforded lako IEr
instance the passages that show how aStOunulngy
Judge Barnard flew III his own face, wheh Tue
occasion finally required: A certain cItZen whose
name is not given but who is called " had narrated
minute. cirenmstantial detail the whole story of
Woods bTibing the Common Council, TINS A. MN
self having in fact been the man whom WOOD con-
suited about the wav to do it, Here is something
about Judge Barnard's first statement:
roboraton of the information about Mr.. Woods $2lOO0
transaction with the Common Council Having entered
Judge Barnard's courtroom on DuapeSt one DAY. the
Judge sent to him into his private room back OF the
courtroom Here the Judg caused some unGn 10 Ib NC
set before Mr. Williams and another guest namely JONI
anderson esq ana 5tS er w tod Judge Barnard told
hole of he japanese
far as il related the Metropolitan Hotel; ana pocee
ing he then without the reserve or secresy tod
Mr Williams the whole story of the SlW3g
transaction, just \ had before ioi3
evidence sufficient to determine the Wood case I1eae
was small reason for believing that Judge baiu, ~
well as the citizen X, would help Obtain eylqtnVe'f
indeed Judge Barnard would not even tesuy I himself
told MIR Williams he had helped get nun INTO tue
case and said he hoped the city would win IL was
most hopeful circumstance; and the lawyer went away,
feeling himself much strengthened IN his expectations III
We Extract in continuation the story of Barnards
change of front and how IL is to be accounted Tor:
Here is the point where Judge Barnard turns snort
aly of Mr. Wood whom he has thus far endeavored TO
ruin One key to the secret OF tlls sudden
ing the appointment OF Special Term Judge; haa now
ten days within which his power to appoin! was limited
by the law ITSELF had now expired on April % neither
IuSse Barpard's anger and disappointment vented
in more than characteristic public utterance and
were little concealed as TO be simply noto
rious II would have been strange il so shrewd mana,
ger as Mr. Wood had not endeavored to turn TINS state OF
things 10 account The two men were naturally pOucal
and financial brehren why should they be neutrahLng
each others forces instead OF joining them Tor lont aG
count reconciliation was enec!ed anu on AprI, .
1867, Mr.. Woods application Judge Barnard graneu
an order to show cause why Judge Smiths INJUNCTION
should not be vacated. The question was argued May
and and on May Judge Barnard ordered the njune,
obtained Judge Smiths signature hye weeks before.
on the same day with Inc IaSang ao su Ie
not proper and legal alternative lnandamus when
should NOW for second tlmel order Controller Connolly
IN "a
reason why not, but the 'peremptOry nandamus "heh
can properly only when argument ON the aterna
tive mandamus has shown reasons why the thing or
Mr. Co3noy was now commanded to execute the lease
and nav the rent under it Internationally, at sight or the
We say or in the course Of the following night" for
there Is credible though from the nature Of the
SSs waG hS friends and ae at which The
cagne was ratified with much champagne and the re-
- quired papers signed by the highly encouraged
Judge who by good fortune had his ermne at the house
6a SSS sS5 and whe6 the RfS 81 S9o and
required from both bottles Judge, left the rned de
sped away with his prize safe I'm his pocket.
This is the way Barnard testified in Court at the
final trial Let the reader compare his testimony with
Judge Barnard was the very first witness. Mr.. VIII
lains offering examine him. Mr.. OGOrman insisted
dong so. but after few questions Mr. Williams quietly
med him In answer to the questions of both Mr. OGOr-
man and Mr. Williams Judge Barnard now swOre posi-
versation with Mr. Wood about leasing the premises
ton between Mr. Wood and anybody about such lease
that he never told Mr. Williams that he had had such
conversation with Wood.
This was TO Mr. Williams) toleraby surprising amount
Of swearing. But the thoroughgong Judge Oyerleaped
tile petty bounds OF lawyers questions and sWoe onward
with exhaustive completeness that the only converse
ton he heard the subject" was one where Mr.
Williams present where Mr.. Williams volunteered
assertion that he WilllaW had information sufficient
break the Wood lease, and that he could get EN-
ployed by the Corporation Counsel he though. he cOud
break up and that thereupOn he he Wltness went to
Mr.. OGOrnan aud suggested, and lac believed caused
the employment Of Mr.. Williams in the
Lawyers sometimes demOish the characters OF wit
But il is often that witness on the
Standard that witness a Judge OF State Supreme
Court too turn upon the lawyer on whose Side he Is sum
moned and make furious and resolute assault.
intended to demOlish the character Of his lawyer SUCH
however, was the spectacle 100 amazing 10 be amusing
displayed before the Court. Mr. Williams cross
examined his formidable assahant, who however yielded
little to the questions, exec pt assertions more unquahed
II possible, than never made any statement IN
your hearing" ne testified; and again, 10 question
about the letters Mr. Williams had written Rim, 1.-The
letter stated that you wanted me TO testify 10 state
of facts that bad no existence In vain did Mr. Williams
recite in detail the circumstances OF the invitation OF Mr.
Williams and the other citizen into the Judges in
DuaGest the conversation about the Japanese sWindle
aud the subsequent about the leases e" do
not recOect II" the logical Judge because 10
never occurred" Three times more Mr. Williams asked
him I'm slightly varied terms aud three swOre
that there had been such
ton whatever at any time OF place.
There is literally nothing to remark as TO these
statements except TO say that if the first and last of
orr extracts are true. Judge Barnard swOre III open
court to what not true. VIII he accept this soln
ton or will he undertake to punish his ealumniator
and vindcate his personal ana Official character by
prosecuting Putnam for libel
AS to CardOZO This Judge was not in the swear
ing business but in the deciding business. I'm that
and as legal Ogican and Interpreter OF the meaning
of words he appears in the narrative as a " Daniel
come to judgment"
All this is Strongly set forth in the following para
graphs which show exactly how he assassinated the
The decision OF Judge Cardozo this occasion neces
sarily ruined the case OF the City-hrSt because II
lie f.la NrfFn IaHA