The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-04-18
SUPREME COURT.

The Erie Railroad War-The Case Before An-
ether Observation-Disclosures Touching Judge
Barnard's Partial on the Bench.
Before Mr.. Redneld. Referee.
TIE Erie RdH,cdp Company us. Marshall b. Cham
plain, ana The Erie Ratlcay Company Us. Cornelius
Vanderbilt ana Otters--Thls complicated case was
mp yesterday mornlng in one OF the new and unex-
pected phases which II Is almost daily exhibiting.
An examination was held before Mr.. Redfed. ref
cree, touching Judge Barnard's Partially on the
bench In the assignment OF reference cases. The only
witness examined was James H. Coleman, who testi'
led as follOws:--
O. State your age, residence and occupations A.
am twenty-nine years OF age, residence l46 West
Twenty street, New York. and lawyer by
@. Under what circumstances did you make the
acquaintance OF the Hon. George G. Barnard, Justice
Of the Supreme CourtP A. MY impression Is that
letter Of introduction from Mr. p Cagger, OF Albany,
with whom studied law; that was in the early part
81 1864 or latter part OF 1863.
Q. When did you become intimate with Judge Bar
nard9 A.. should say somewhere after 1854 or 1865,
Q. Have you since that time been on most intimate
terms with hims A have been quite Intimate with
HIM.
@. Please state In what way while on the bench he
has manifested his Partially for you as an attorney
practising In the supreme CourtP A. He has sent
me references.
O. Did he do so of his accord or on requcst' A. He
did 80 first at the request OF Peter Cagger, General
Daniel +. SckleS and, | think, Senator Bradley, at
Arst request and afterwards he sent for me OF his
'gwn accord; don't think have ever asked Judge
Barnard in my life to send me reference except on
cases where the parties in the action consented tony
appointment; on the contrary, Tor over a year ago
stated to the Judge that didn't care 10 have any.
Q. What did the Judge say to that suggestion A.
fdon't remember what he said.
= Do he send you any afterwards A. Yes, sir.
Y. Did you refuse 10 act In any or them A. Yes,
In two or three.
q Two or three out OF how many? A. l could not
tell you; can ascertain.
q. Can you state more about how many In num-
Der the references were to two or three OF which you
perhaps they number about thirty OF course can
not state with any degree OF accuracy.
2. About how many references In all did he send
your A. cannot state the number.
Q. How were your fees in those references settled
or the amount fxed9 A. BY making out bill in
the office for what was fair compensation and
presenting the bill, and they would pay 1t; bill OF
mime ever was questioned
q. Has Judge Barnard nothing TO do with the
allowance or settlement Of your billsf A. can
swear most positively he never has; have generally
asked the attorney what was fair and been guided
by that.
STAY OF PROCEEDINGS.
At this stage OF the examination Mr.. Ira Schafier
handed to the referee an order from Judge Davis
staying the proceedings until further order from the
SQUIRT.
Mr.. Brady and Mr. Field then suggested that Mr..
Coleman make his deposition orally in answer 10
questions which they would put to him, and that MI
Schafer attend and object 10 any questions which he
may think Illegal or improper
Nh. schaffer said that the request did not call for
Mr.. Brady and Mr.. Field then asked Mr.. Coleman
whether he would make an affidavit or oral state
0lent III the Silt OF the Erie hdliIOau company
Cornelius Vanderbilt and Others now pending In the
Seventeenth district to he used on motion to pun
fsh Richard Sche for contempt, In moving FOR the
appointment OF a receiver
Ne. Coleman said, the request was now In writ
ing he would answer the Inquiries OF Mr.. Field and
Mr.. Brady, within hour rom that time, In writing.
Mr.. fled-lf the request IL ora! will you give an
oral answer
Mr.. Coleman-If you will produce an afidavit that
IA correct and true will swear to it, II incorrect
vii! change In that particular. you will hand TO
me nterrogations win verify the same under oath.
= wi e.
fore Mr.. Redield and we put to you orally certain
questions relating motion in the seventh District
.eourt, the motion In the Sixth district, viii you
answer such questionsas your counsel Mr.. Schafer,
shah not deem iulproperf
Mr.. Colernan--I answer 10 that. VIII neither
accept nor decline your proposi ion but would ask
opportunity 10 consult Mr.. Schafier, and VIII
answer you during the day.
The proceedings were then adjourned I'll one
o'clock to-day.