New-York tribune., 1868-04-18
THE GREAT ERIE VAR.
ANOTHER INJUNCTION.

The Erie war assumed new and unexpected
phase yesterday when examination was hed peloro
MT A. A Redheld the Referee appointed by Judge bai
com Of the Supreme Court regarding the alleged partial
y OF Judge Barnard in the assignment OF reference cases
Tho titles of the causes The Eric Railway and James
Fisk IT, agt Marshall B. Champlain ct al, and The Erie
Railway and James Whitney agt Cornelius Vanderbilt ct
AL The only witness examined Mr.. James II. Cole
man, who testified as follows:
O. Please state youriage, residence and occupation a
dence is iic west Twenty seventht and occupation
is lawyer O. Under what circumstance od you @ y,
tine tine Sprss A. My impression Is
acquainted with Judge Barnard by letter OF ntroduc,
Wh Gh GG% % ResE 5 When G
Judge Barnardi K. Well. should say some time about
most mos intimate terms with hint A. Quite intimate
O. VIII you please TO state in what way while on the tne
sSnch fS4 you has as an attofney pTactcns
the Supreme Courts A. BY sending me references @
the the rec @e 10 Of Peter Cagse Gen Daniel cEe and
/ think, Senator Bradley; and afterwsrd Of his
even ewT asked asked Judge Barnard myself to send me
a reference. except where the parties TO the
wear ago stated 10 the Judge that didn't care to have
any references q What did the Judge say to that
sSId very we'll O. Did he send you any afteri A. Yes,
Did you refuse " s to act in a pTG SSGN SG three g.
Of T which you rejected two or three a. can can
%ts nf number %s my poaS | About n how many
snSs. in 81 id ke scnd 10 youi A. cannot say how
references settled or the amount xedi A by having
bin IN ade out generally in the ofceXhat Fas 1alr
sss
nothing do with the amount OF compensation 70 you
A. could swear almost that he never hadneyer TO my
recollection Ihave generally asked the Attorney what
should be the amount and have acted accordingly
a. this Iuncture. messenger announced that there
gentleman outside who wished TO speak Win MI
Mr.. Coleman then retired followed by his counsel ex
Senator Ira shSer They retntnSd in few tn
referee, showing him at the same time the original;
lanes yish SJrrhs ir AIT Marshall B. CSSmpain
Upon the foregoing ahidayits aud notice OF motion,
of April 1859 10 takehe testimony Of James H. Coleman
therein be- the are hereby revoked, upon tAid
afidavits and notice OK motion. NOAH DANis'
Mr. Brady suggested that this was only the 18th Of
During conversation that ensued Mr. Harris said the
grounds on which the Injunction was obtained were mat
answer any Mr. Coleman was willing 10
make adavits any points Indicated or to answer H.
Mr. Brady asked the referee to note the following:
"Mr d. d. Field and Mr. Brady invite MT Coleman 10 70
they put TO him. inviting r shaieL 70 attend ana
Mr. shaner-Thar dom. call for any response from
MT d. D. Field asked to have the following noted
'Mr Brady and Mr. Fied also desire 10 nsk sr Coenan
n he will make affidavit deposition, or give oral
testimony In the suit OK The Ee Co. and James whitney
al agt Cornelius Vanderbilt TO be used IN e"n h 70
pusish Richard sehe for contempt In moving ior he hp
pOiniment OF q Referee" -,
swer Mr.. Field and Mr.. Brady that VIII answer IN an
hour.
Mr Fleld-Thc request is oral-will yOu give an oral
answeri - . =.
Mr. Coleman-If you produce 20 me an affidavit and u
correct and true will 20 IL II incorrect, VIII
change in that particular IL you hand 10 me inerrog
etories, win draw answers and verify the same A.,
Mr. Field-If we will waive the examination before Mr.
Reded and put 10 you certain questions orally respect
ing this suit will you such questions as your
counsel Mr. shaffer shall not object 10 as impropcrf
Mr. Coeman-In answer 20 that, Will neither accept
decline your proposition until consult my counsel
Mr. Brady-Do YOU decline an oral exaniinatoni
Mr.. ColeInan-I do.
Mr.. Brady-TheD we understand.
AT this stage Of the proceedings, an adjournment was
had until to day at o'clock