New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-03-09
FACTS FOR MR.. FIELD.
NO. III
CONCLUSIONS FROM THE STORY OF ERIE
LITIGATION.

with those proceedings Do those facts show him to be
= fair and honorable lawyers
when Mr.. Fields professional conduct lie criticised
pubic attention diverted the points involved
by discussion OF the abstract question whether law
yer may rghtuly appear for client without reference
to the Aters character Letters from writer's on legal
ethics published maintaining the right OF counsel
to appear for whoever require their services Such
discussion has nothing 70 do with Mr.. Fields case,
aud its only effect is TO draw away attention from the
real question and to make 1t appear that Mr. Fields pro-
fessona conduct has the support Of respectable
The charges against Mr. Field not that he acts
counsel for Fisk and Could though the very large part
of the community which is thoroughly convinced OF the
corruption and rascality OF the Erie managers will
inevitably have the opinion OF lawyer who habit
uay and constantly appears in their defense, and
all their transactions, which 1t would have of
counsel who habituay act for gambling houses OF any
other dlsreputable class Of the community. Such
counsel would not commonly be supposed to have a
very keen of honor love of justice and this opn-
ion cannot be driven out Of the minds of the public by
any of discussion about the duties Of counsel
The pretense that Mr.. Field any other lawyer con
sders himself bound, is bound, 10 appear IN every
civil offered to him is false in fact and preposterous
in theory. There lawyer who does not constantly
exercise the right Of choice
But do not propose to discuss this abstract ques
ton. What has affected Mr. Fields reputation among
the honorable members Of the bar is not that he APP
pears counsel for Fisk and Gould, but that he CON
ducts their lhGatOns in defiance Of all rules Of pro
fessiOnal honor and common honesty That he is CON
ccrned in the bringing OF all of fraudulent and
oppressive suits and pIOceedngs-as those IN the sus
quehanna casc-n which there pretense of justice
That he drags his opponents before judges whom he him
self denounces as corrupt and whose relations with the
Erie managers are generally believed whether justly or
unusty) not to such should exist between judge
and sutors before him. and that he takes advantage Of
these relations 70 obtain ORDERS and nunctons and re-
lief which not warranted by the law and which he
could not obtain from any unbiased judge 1t is nothing
against man that he sometimes obtains orders which
are reversed erroneous All lawyers do that. But al
lowing for the that every lawyer at times is hon
esty mistaken, and obtains orders and relief which
turn out not to be in accordance with the law ask
how. considering the frequency aud mOnsrOusness Of
Mr Fields Erie proceedings, and the Judge from whom
the greater part of his extraordinary orders are OBJ
tanned. and all the attendant circumstances any
man can escape the conclusion that his pro
ceedings in these Ramsey nothing else than
deliberate attempts to defeat Ramsey by fraudulent
means instead OF meeting him fairly in the courts
II MI Fields reputation for acumen be not wholly base
less he could not have believed that the suit OF Erie
sgt Ramsey had any foundation either in the law or
facts, that the other proceedings have mentioned
the honest and honorable conduct of litigation.
IL for the public TO say whether his acts do not
irresstiby lead to the conclusion that he knew they
acts OF that INTENDED such
These being the charges against Mr.. Field, II is mere
moCkery say that other counsel nave accepted Erie
tiincrsso they have aud they properly may-but be-
fore Mr. Field can avail himself Of the poor
that other people like himself let him show us any
such proceedings as those above stated in which any
spectacle lawyer has been engaged.
I presume that Mr. Field will not dispute the abstract
proposition that lawyer who brings his adversary be-
fore Judge whom he knows to be corruptly influenced
in favor Of his client is party to the corruption.
Tnis not the place to discuss the character of Mr.
Justice Barnard. 1t is enough to say that large and
respectable part of the community believe him to
De devoted 70 the interests OF the Erie managers,
their he does not sit upon the bench to
hear imparay AMI to decide according to the law and
the evidence and this belief is not likely to be weakened
BY a contemplation Of the proceedings above detailed.
useless for Mr. Field to question this judgment or
call proofs TO sustain IT, The matter may reasona-
bly, be left in this way Those who believe that
Judge Barnard generally pure and that his orders and
proceedings these particular cases have been made
fairly ana imparaly. will give Mr. Field the benefit of
this belief Those who of contrary opinion will in
evtaby be influenced by il in forming opinion of Mr.
Fields proceedings and of the motives and intentions with
which the various orders and inuncons were obtained
For the character and conduct OF this Judge have this
bearing on the discussion. Mr. Field says that what the
law H. is determined by the Courts and not by his
critics. and that when he obtains order from Judge,
this Is true, surprising the Judge is honest with
lose who believe that he is in collision with one
party or the other, or even generally corrupt and
open TO improper influences. the argument falls.
Bat whatever the general opinion, or the truth Of the
matter may he, Mr. Field is not il position to make
any question to the rupton Of Judge Barnard on
the bench. Judge is selected for these litigaons,
nom he at least believes to be dishonest Some three
years ago bitter cnmty existed between this Judge and
Fisk and Gould. They guilty Of contempt OF his in
functions and ne drove them out Of the state into New
Jersey Suddenly these hosttes ceased, and close
alliance between the parties followed. Mr.. Field was
them IA now the counsel for these people. Before this
change of relations, he publicly denounced Judge Bar
UNIT sit the bench and demanded and took
steps toward his impeachment and also made various
charges against him 10 the Governor OF the state and
hc will not even now venture TO say that he believes
Judge Barnard to be an upright officer.
And not only this, but there judicial proceedings
from which may gather Mr.. Fields opinion on this
subject In the suit Of Belden aSt Cornelius Vanderbilt,
George g. Barnard and Others I'm 1868 lin which suit
Mr. Field counsel and the active manager for the
plaintiff though Mr.. shearman the attorney of
ori Judge Barnard made party defendant. the
ground as set forth in the complaint that cOmbina
ton had been entered into between the defendants, Van
derbt Barnard and Others to speculate in the stocks of
tbe Erie Railroad and to the process Of the Courts for
me DurpoSe Of aiding their speealdOns, for which pur
pose they had various consultations together in whchit
Wa agreed that said Work agent for Spr0lOr
bod bring actions and other proceedings in the Courts
in which some of the directors of the road should be
moved and Receiver appointed. That in pursuance Of
said conspiracy certain injunctions were granted &c,
no 40 The inunctiOns referred TO az granted in pur-
snaace Of a conspiracy were granted by MI Justice
Barnard.
Tbi. .lit OF course is not conclusive as to Mr.
Eisld.. opjnion of the Judge before whom he
dragged Mr. Ramsey. II is OF course, posS'ote That
counsel may conduct litigation in which Judge
- charged with consprng with Others to use the process
Of the Court OF which he Judge to further socA
peculation-while he (the cOunseD believes as matter
OF fact that such judge is apure and upright oncei
-, nrse "a possbe But every man il entitled TO the