New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-10-30
NUTS FOR MIR. f. C. BARLoW TO CRACK.


rome EdfIOr of TIE Tribune.
SIR: Mr.. Barlow admits and he denies, but
his admissions and his denals are equally fatal to him
He admits that he engaged In scheme to procure leg
sation from Last Winters Legislature. Was this leg1s
laton for private or public endsi He answers the
question himself in bis affidavit, sworn May II, 1872
when he saye considers the action brought matter
OF private and not Of public interest" Here we have
the General Of the State lobbying-thAt the
word and tho only word applicable to the caselobby
ing according 20 his own explanation, for private par
ties II he received nothing for this service ana MS
hands were clear OF money the day when he was
born, his action was most improper and scandalous'
But he did receive money. But no was
merely the disbursng agent Of these private
parties lobbying for legislation his delinquency was
great 80 great indeed that he ought not TO retain his
office day longer II the Governor has the power to
remove suspend him. it should be exercised without
delay and II there be such power the Legislature
should impeaeh him when 1t meets.
What else does he admit He admits that he paid
800 to Henry Smith, Speaker Of the Assembly, out OF
the moneys received of those private parties What does
he denyi He denies that he intended to influence
Smith legislative capacity He admits that he In
tended influence him in his professional capacity
Was emith's mind dvisblei and Barlow really so
silly as to suppose that Smith would sympathize with
him and work with him in all the courts, but would not
sympathiEe with him work with him in the Legsa-
ture Or TO put the question another form, that
Smith would help him sue but would not help him get
bill passed without which the suit could not be carried
oni Let suppose casc The City Judge OF this city
can practice in the Supreme Court II man indicted
and about to be tried before the City Judge were TO re-
tain him in civil suit in respect to the same matter
pending In the Supreme Court would not every sensible
person pronounce the retainer brbe and the Judge
soldi But undertake to show that Mr. Barlow did In
tend TO influence Mr.. Smith in his legislative capacity,
and here are some Of my reasons:
l. In his letter to the Directors of the Erie Company,
dated Aug. 10, and intended for publication, he was
careful to mention the retanersof Mr.. Hale and Mr.
Treman but to mention the retainer of Mr. Smith,
Why did he not mention iti Why did he attempt to
cover It up under the head Of minor retainersp He
evidently did not suppose that his letter TO sckes was
10 see the light Was therecOuld there be any motive
for conceang Smiths retainers, except that 1t was
transaction that he did not to have knownf Con-
cealment ia badge OF guilt. The concealment in this
case could have no motive but guilty knowledge.
q Barlow's letter Smith, dated JAN 1, was got mp
for the purpose OF deception. There could be no motive
for writing It Smiths services enable him
to get his fee and hoodwink the public. 1t written,
OF course for publication. That unnecessary IL he
and Smith were not conscious Of something wrong in
the transaction. The letter, moreover, carries false
hood on It's face Smith had been already retained as
appears both by Mr. Barlow's letter TO The Times and
Mr. southmayd's letter Mr.. Barlow. Barlow, in this
letter TO Smith dated JAN says: "YOur familiarity
with legal proceedings in relation to the Erie Railway
make" (sc) "us DESTROYS Of securing thus early your
services for future in the courts" Mr. Southmsyd
gives us to understand that Smiths services
cured in December. 1t is thus plain day that the
bargain with Smith was made in December, and that
the letter was put In this shape in order to make APP
pear transaction Of January, after Barlow had en-
tered upon his office,
g. Mr. Barlow in his letter The Times of Oct is, says:
"Mr Smith never present at Of conferences
even upon the purely legal questions. Both myself
and those acting with me, so far as know, purposey
reraned from consulting with him upon pending legis
lation though Of such matters unavodaby
sometimes spoken Of in his at conferences and
caucuses OF the members But nothing in the of
discussions between attorney and client took place
the subject" How delightfully."- innocentl Smith was
not consulted upon pending legislation Suppose that
he was consulted before the bills introduced. He
might for ought we are told, have drawn them. But
in respect to pending legislation, how came Mr.
Smith to be present Eat conferences and OF
the members" where "such matters" were spoken
of" But there nothing in the nature Of discus
sion between attorney and client" at these "confer
ences and caucuses OF the members" How could there
be Who was the attorney" and who the client"
at these conferences and caucuses Of the members1
Barlow Of was present, or he could not have
known whaS took place. Smith was present. Other
members of the Legislature were present "such
tiers we're spoken Of" And Smith, 1t is to be hoped had
his hands the 500 in his pocket put there by Barlow.
L. Mr. Barlow has been guilty Of gross falsehood his
letter to The Times. He says: THE suit became
necessary because the directors removed by other
means" And he parades Mr. Southmayds letter de-
aring that the voluntary retirement Of the Erie
ayers under the movement conducted by Gen. sickes
made summary end OF the whole controversy between
the shareholders and the managers Of whom they
complaining, and in manner wholly unexpected, and
thus rendered the suit which had been de-
termined upon and In which Mr. Smith and others had
been obtained" Mark now the facts. The movement
conducted by Gen. Sickles eliminated the nth OF
March, and it was not until the Sd Of April ~
days afterwards that Barlow began his suit, which
then begun with all circumstances Of hustle and parade
He gave up the 18th Of May because he could pre-
pare a complaint declaring oath that he began this
suit lat the request and TO protect the interests OF
large body stockholders OF said railroad residing in
Europe and represented in this country by John Swan
esq., these being the very persons for whom Mr. South
mayd had appeared aud paid the money to Mr.. Barlow.
have great deal to say, but this will suffice for
the present Meantime IL would perhaps be well II Mr.
Barlow would inform the public how much money he
received from Mr. southmayd, or Mr.. southmayd's
clients and 70 whom and when he paid It out. II he
does not give this information may be got In another
way. MEhBER OF THE BAR ASSOCIATION,
Neie- York. Oct. 25, 1877.
THE WHEELER EXPEDITION.
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