The New York herald., 1872-08-19
Mo actlon I'M wh,ch co,a.

1 ---- mo action In which Coll
wss appointed receiver wed g tae GrGS
trct Of New YORK in 1871. The srts.. 'e or W
the said Circuit Court had MAJ. a d
S AND and d1 aa Drssr at maas ssa
n man r.. ..,s r,scsiysr, deliver up the ssd So
deliver up the said stock to the said defendants who
owned or represented tho same at the time the
Ssa NOT s SnS Ss
reason TO believe; that the said order. appointing
and on an affidavit or afildavits or one Augustus
himmei IN said action; that it was not made to ap
the a% d a nH p y the SAID a
SAID Justice that 1t was necessary to appoint a re.
ceyer Of the said stock for the due protection Of
the same. or that any legal or sufficient ground ex-
isscd or making the said order that the said order
was not made according to the due course and
Practice OF the said Court, or In the exercise Of
Justice and lawful discretion, but contrary
thereto; that the said Justice made the said
corrupt partiaiity toward James Fisk, Jr, jay
Gould and others, who were then directors Of the
corrupt intent. contrary to law to deprive the said
deiendants or some OF the possession and enjoy
ment il or the said stock owned or represented by
tnem ana 10 prevent them from exercising their
lawful right to vote on the said stock at elections to
be held pursuant to law for directors OF the said
so owning representing the said stock, and to the
great scandal and reproach of the said Court and or
the justice Of the State Of New York.
On this article every member Of the Court-thlr-
ty-sIx-voted guilty.
ARTICLE FIFTH
relates to the suit Of James Fisk, Jr. against the
Union Pacific Railroad, in which Justice Barnard
issued an ec parte order, enjoining the directors
from holding an election for directors. which was
then-oth OF March, 1s69-about to be held. until
Fisk's right to stock which he claimed was deter
mined. The article alleges
That such order was wrongfully issued contrary
to law, with wilful and corrupt partiaity to-
wards FISK, and with corrupt intent to intimi-
date, harass and oppress the Union Pacific Rail-
such company.
On this article thirtvHve members voted guilty.
Judge Allen was excused from voting, because of
had been counsel In the case.
ARTIoLK SIXTH
relates to the appointment 0fWlam M. Tweed, Jr.,
receiver In the above case all bonds of the United
States and OF the Pacific Railroad in the possession
OF such company or any of its agents. or bonds
hereafter to come into their possession. The re-
ceiver was directed by Barnards order to take I'm
mediate possession Of all such bonds and securities
which said bonds and proceeds were Of the value
Of many millions Of dollars. The article alleges
That 1t did not appear that plaintir had any legal
UT equlCaDl0 rlRnC 10 6uCn securities, or that any
legal ground existed for such order, and that such
order was contrary to law and issued with q wiful
and corrupt partiaity towards Fisk, and with q
On this article thirty-1ve members voted guilty
Judge Allen excused.
ARTICLE SEVENTH
relates to an er parte order issued by Barnard
wherein william M. Tweed, Jr., receiver on an un-
verified report, was directed to open the
safe OF the Union Pacific Railroad, either by
picking the lock, or cutting or blowing open the
same safe, as the said receiver might think best
that no legal ground existed for such order, and
that 1t was issued with corrupt intent.
Thirty members Of the Court voted guilty on this
article Chief Justice Church and Justice Peckham
and Senators Johnson, O'Drien and Teman voted
not guilty.
ARTICLE EIGHT
charges that Barnard knew that the Union Pacific
Railroad suit had been removed to the Circuit
Court Of the United States and that the Supreme
Court had ceased to have Jurisdiction wheu he
issued the orders specified in the preceding article
members OF the Court voted not guilty
on this article. Judge Allen was excused from
voting.
ON ARTICLE TWENTY,
charging Barnard with corruptly receiving valu-
able and costly presents, among others $1,000,
presented to child OF the said Barnard, and on
another occasion number Of costly chairs of the
value Of $500 and upwards, the Court voted guilty.
ARTICLE TwENTY-FIRsT
relates to the action OF Barnard In the case OF
Aaron s. Bright against the Milwaukee and st.
Paul Railroad Company and others, and charges
Barnard with corrupt conduct In issuing an order
,njoining the company and others, directors, from
Duilding constructing, purchasing or operating
any OF the railroads whatever with the avails Of
such road, and also from removing from this State
the books papers and property in the possession Of
said directors The article alleges various illegal and
scandalous acts in this suit and AYERS that Barnard
was Influenced by favoritsm to one Ira Shafer, the
attorney and counsel for plaintlY in the action to
the great wrong loss oppression and injury Of said
company, and to the great scandal and reproach Of
said Court, and Of the justice Of the State Of New
York. The vote ON this article stood thirty-lve