The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-05-02

ns 0nsstorp engased IN nat converse
| A number Of otaer questions and offers Of proc
| JUDGE BARNARD .srArrs Il. u.vp,
| Az THIS Stage o. the proceedings, Judge Barnard
n accordance with an intention expreesed earlier II
the Day proceeded TO examine the witnesses a,
% what was Your object in bringing this suits
ny OBJECT was IN part to enable the Erie Railway
broad glage connection through to Chicago.
Is that your answerf A. That was the mair
Q. Was there any other objects A. think tina,
would comprise everything.
g Was I not said openly to you, in law once
all hazards Judge barnard from hearing this case
A. From hearing which caseP
g This case, when Il was before me in the other
roomy-or VIII give you the remainder Of the ques-
ton. And, second, to get mandatory Injunction
nom some other judgei A. We'll, il vas not our
that was the suggestion entirely Of Judge Gilbert
q Well, then your answer Is "No,s A. That Ia
my answer in reference to the mandatory injunction.
r. HOW about the nrst clause Of my question: A.
think very possibly 1t may have been said to me.
@ Do you know whether James Fisk, Jr, William
to the house Of John Crane and oered him
to have that Injunction vacateds A. No, sir, not
q. Did you hear director in the once Of the Erie
Railway Company say that the Executive Committee
had ordered that sum to be padf A. No one Of those
Q. Were you in the carriage with Mr.. Marston and
Q. From whom do you know the fact that $685.
we, were onered ior me modincationS A. don't reco
Q. DO you know how Mr.. jerks came to be en-
gioyed IN tMs casef A. He was employed by Mr.
2; How much was he paid, and by whoms A.
eSe ~ he Wa %d paiS Sa ana how
Q. Was be not paid $1,000 down and 5000 con-
When you were n pres s At the Metropolitan
Hotel did not one OF the counsel who was there,
when he heard the complaint read, say "it was
did not Dudley Field say that by doing 80 you could
frighten Judge Barnard or the bench, and Overawe
or use the balance Of the judgesf A. don't remem-
Der that.
Q. See If you can't remember thats A. don't re.
member anything being said about "0verawrng"
Q. State whatever was said. A. don't remember
now. l don't recollect this thing having taken
place.
Q. DO you remember anything like ita A. have
an impression that Judge Porter was not favorable
to making Judge Barnard party to the suit, but
won't undertake to state that now, 1t is so long
Judge Porter ito witness)-Did you say the com.
plant was read In my presenter A. don't think
Q. Was your counsel at that time, Mr. Belden9
A. cannot say that advised with you as to this;
don't remember having done so.
BY Judge Barnard-Wh0 told you that they would
"overawe" the othersf A. don't think any one
MR. CLARK RE-ExAMINEs.
Mr.. Clark then resumed the direct, and ELECTED
among other answers the fOllOwng:-Q. When was
it that Judge Porter said you that it wrong to
make Judge Barnard partys A. could not tell
you, sir.
plant was being read? A. remember distinctly
that Judge Porter said it was not best to include
Judge Barnard.
Q. What other counsel were present. A. think
young Mr.. Field Dudley Field was there and
notary.
Mr. Field then re-examined the witness, but very
httle important Information was elected.
JUDGE BARNARD TAKES ANOTHER HAND
Judge Barnard then examined the witness as fol-
O. On the It'll you swore to the AFFIDAVIT, and on
Monday the 9th day OF March, do you recolect Of Mr.
Field and clerk from his ofce going to your ONCE
In Broad street, A. Young Mr.. FeldY believe he
was down there on Saturday morning.
Q. Did You tell him at that time that you "could
not carry the thing through Il Judge Barnard was
defendant" and did he say that he had piece Of
paper In his pocket that would hold himf A. I don't
remember, SIR. don't think Dudley Field Is q gen.
tleman who speaks very confidently about such mat
Judge Barnard-This was taken from a gentleman
In his Office who will be subp9naed here.
Mr.. Clark tre-examiningl-Iwant to know whether
anybody paid $4,000 on your account to Mr.. jerks
without asking you to reimburse him. A. suppose
O. Do you know now who paid t A. do not sir.
z. Can You ascertain who paid itP A. think you
can ascertain If you ask Mr.. jerks (Laughter.)
Q. Was it paid before or after the service A.
don't know, SIR.
Q. who furnished the list Of names to your attor.
ney to be embraced in these chargess A. don't
mr. Field here rose to examine the witness, and
asked whether any counsel had ever objected to
Judge Barnard's name being embraced In the Whit
ney suit but all questions relating to that complaint
were excluded
stated, In reference to the article 1.-THE Judiciary
OF New York City, published last year in the North
American Rerte'r, that he had the book there and
would keep 1t, and those who have the manuscripts
would furnish IL to him.
JUDGE BARNARD ASKS FEW MORE QUESTIONS.
Q. by Judge Barnard-The day before yesterday
did Mr.. Field send down afllaVt office
containing great abuse OF me, and ask you to
to It, and you sent it backs A. producing paper)
q. And You declined TO swear to itY
Mr.. Field Sr.-Let me see it?
Judge Barnard-It Is not offered In evidence.
Mr. Field wish to see IL.
Judge Barnard--I think not.
Mr. Field lexcitedy)-That affidavit is perfectly
afidavt. ''' ' ''' ''''''
The aiidavit was handed to Mr. Field, and he
began to read William Belden, being duly
sworn''-when he was interrupted by half dozen
objections from counsel on the other side.
Judge Barnard said 1t was not in evidence now and
could not therefore be read Mr. Field could take It
and read II at his leisure.
Mr.. Field asked witness whether he refused to
swear to It because 1t was too lenent or too abusive
OF Judge Barnard. but the question was ruled out.
BY Mr.. Fied-Was 1t In praise Of the JudgeS
Judge Barnard-l rule the question out, sir.
don't want any praise, and can stand all the abuse.
Q. BY Mr. Fcld-Ths AFFIDAVIT was sent to you, sir,
before your examination was concluded, was 1t mott
A. II was sent to me the other day.
part OF the people closed mt that time and that
we were to he called upon for our rcbutting aida-
vitsY A. think that paper so stated.
O. Have you shown this aiiidaylt to the Judges A.
have rot, sir.
q. DO you know how he came to know of IT.
Judge Barnard Qnerruptlng)-No, sir; nor he never
will know that.
Mr. Fied--Ie never viii knowY
Judge BaInard-No sir. | am doing the same az
other people have done with me, and am following
them with detectives.
Mr.. Field then examined the witness, who testified
that he did not remember saying that Dudley Field
told him the only safe course for him was to make
Judge Barnard q party; counsel told him (witncss)
the reason why Judge Barnard should be made
party.
Judge Barnard excluded the question as to what
those reasons were, as he did not want all the
DIAL OF New York aimed at him behind his back.
o. Did You or did you not often see Judge Barnard
at George A. Osgood's officer
Judge Barnard-That IL proper question. want
to see how often he saw me there.
Mr. Clark lfneekly)-I don't object, because your
Honor directs me not to. Continuous laughterl
witness answers-I believe / have seen Judge
naFV arI lAtEN. tharA