The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-07-27

lawyer. and he disliked to Issue such an order
against lawyer; witness said he had to urge the
matter. saying h could not md another Judge 20
Cr0ss-examined BY Mr. Beach-This order Was
not issued with the purpose OF interfering Win sne
spiracy entered into IN any OF the matters IN the
the parties named in the charges. or any other par
ties whatever. Witness stated that on receiving
the order ne went directly 70 Albany arriving snG h
showed the papers to the counsel, ana DAVE y.
Field said they must DO served on the sheriff Is
fere with the erection he did SO, and the next he
saw was the arrest OF the parties, and ball was
taken there was no interference by the Snerin
I - n DAVID aBoEssEcK WAS SWORN:
Was stockbroker on Broad street, New York;
I Mr.. Bosch raised the question whether IL was
issued by Judge Barnard were used; he Is charged
with unlawful action In issuing these orders and IN
acting In alliance with parties corruptly In issuing
them; the statements upon which he issued the or
ders are here |; they show whether the orders were
issued unlawful y; " however, we are to go
fore us an intermlnable course OF proceeding.
Stickney responded that II the o ders were law
fully issued then there would be no occasion TO go
into the investigation but we propose by intr0duc-
ing this testimony to. show that orders issued by
Judge Barnard were unlawfuiy Issued for the rea-
son that they were totally uncalled for by the Cir
The Court decided the testimony was competent.
The witness then detailed the acts Of the service
OF the papers on ntm and his surprise at the action
ne also gave an account ola part OF the proceed
JOSEPH BUSH, THE PLAINTIFF .,
In the suit OF Bush against the Albany and susque-
hanna Railroad. was sworn. and testified as to the
voting for directors Of that company In September
Celved only Fisk votes.
., Cross.exsmined BY Mr. Beach--was aware that
on examination 1t was found that there were cross
inlunctions; witness said this matter was dlscov-
Se ana was % tnat only the votes
John r. Cole, manager OF the Opera House In
August 1852 was sworn, and said Fisk and Gould
this house lifted up on the istn Of August, 1867 O.
House; never saw Judge Barnard in SIS West
Twenty-third street; had seen him In the Erie
0fhces; had never seen him at the house $50 West
HARRIS PARR, SHERIFF OF ALBANY COUNTY
o M o sf WIZ
early part Of the day; did not notice that it was
written on paper with the Erie Railway heading;
y 9sd no SEAL as recollect; thought 1t was copy
Crossexsmined by Mr.. Beacl---It seemed to me
T. BE %t d was handed to me By Hamilton
wanted me to execute it.; showed it to the par
ties-to Harry Smith; he told me had no right to
not execute the paper, and they said the original
would arrive in the course OF the day. then took
legal advice, going to w. J. Hadey, who said that
he would see that proceeded legally; executed
the other order, which was an order Of arrest, at
the building Of the Susquehanna dep0t; did not
interfere with the election, which was to take
place on that day; had an attachment for R. II:
Pruyn; 1t was some time before I was able to find
him. 051 fRf ~
rff .lF THOMAS D. SHERWOOD 1I lli
was called and sworn to show that Judge Barnard
issued an order directing the inspectors Of election
for directors Of the New York Pier and Warehouse
Company to receive proxy votes, without there
being any evidence that they would be refused |;
also that receiver was appointed without good
reason Witness detailed the proceedings under
the order. -s ga a aenrtE $50 pe a.
Mr.. Beach protested against this evidence, as it
did not show that there was, as Is charged In the
articles any intimacy between the parties elected
and Judge Barnard, he, therefore, could not the
relevancy OF such testimony. n,
The Chair said he thought this evidence ought to
be excluded 10 hge T-a lfai 80
Witness was then examined as to the appoint
ment or receiver for the company, and stated
that the papers were served Us charged in the COM
The Court then adjourned till ten A. NJ to-mor-
row. sAAil'AA y