New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-08-06
THE BARNARD TRIAL.
M pprr urDcE,s uNPoTENT DEFENSE.

the Managers that tomorrow will very possibly see 'e
md of IT, when there may be a single day 3 aoJo uii'
In order TO allow the printers to eaton up auu Tue SUI
ming IN will then begin. Fears are expressed W
that "a soon as the summing up is finished there VIII We
an adjournment Of some length leaving W
final vote to be taken subsequently IN AiD"nS'
nut some OF the Managers say that w.
now as IL the decision would be given promptly ~ -" w
,n,odv should be- The "strlke while tho IRON
Is "a applicable 20 this asst could possibly po
10 any, for the evidence viii DO fresh IN the mos " 0
members and fair decision is almost sure 10 oo
snlt The prosecution. owing 70 tho latitude aHoWoo
by the court 10 the defense 20 examine witnesses p
chat NAV he called sde issue" VII probably lhGeeu
tbcv deem tho late evidence OF the defense worthy
of isbutta call few witnesses IN concluding Vuo
case but their testimony cen hardly occupy
day aud tho defense is just about eoheiuohg'
coScERNIsa RECEIVERS ALLOWANCES.
Weeks W. Culver and Benjamin Wright OF the urn Oh
Culver & Wright were examined trst, this mornuS 10
reference 70 tho sut Of Eemdof agt Savage IN Wnich
they were counsel for the p nth Mt culver coriec'eu
an error ne made week tesyiug that he was the
counsel who argued the motion for receiver lie hau
pn,y discovered that motion made by the other
attorneys Tor an order 70 show cause, ana Wheh
MS arm found had been neglected, they presseu IT,
Both these witnesses opposed granting OF an allow
nnco TO ira shafer, To whom Judge Barnard allowed
$50 and vet they testified that they did not think the
amount excessive. Nor did they seem TO think that
there was anything unusual In Barnards granting an
allowance of 500 Iugraham the old receiver III inc
suit although they had previously held that ne snouu
not have been appointed at ail
Ira shoder whose naino has become wen Known since
these impeachment proceedings we're in7t"'eu' OH ao
count OF its frequent connection Win th Oh 'ne IT,
sponden rs a warm personal friend and adherent was
fbon examined on this same He claimed that us
allowance OF $500 was perfectly Just as he had attended
80 or co times the motion for receiver Tor winch he
get an allowance of $500, and spent two or
three days the uial Tor winch nc
90, $500 more. In reference 10 tho suit oil
t.cN Tho ftvyqr lynN II.
Rsroad IN IS, ch il is charged that Barnard granted an
order Of injunction restraining the Company IRON dong
any business or fom removing their books and papers
ont Of the state and in which receiver was appointed,
shancr attempted to rebut Mr.. Baugss testimony Oh
some days before. which showed that the order was
granted simply on the complaint OF Bright ana Lis own
verbal statement, $3.50 being the only security
required Mr. Skater roclted the history of ne case
and said here was more than the affidavit OF light ior
.berc WAS the affidavit Of Gunnson, his partner Judge
Grover sl,ed him 81 mo affidavit 81 Gunnson pc sub
rnittcd 70 Judge Barnard a the one Oh which liz granted
che order and tho witues replied, No" He also tled
TO explan away the granting of Tho r"ceiver5hIP wn
out notice TO Defendants. by saying chat the Com
yal would have taken advantage OF the nouee 10 re-
move from the state.
IRA SKATER OssEXANINED.
Mr. examiuatiOn was IN several respects
somewhat comlca He asked where he had been
accustomed TO Judge Barnard, and no salt lie had
mover seen him except the Court upon the street.
He subsequently admitted that he had seen hn Two OF
Three times at ]. Mcbride Dayiison's This Mr. Parsons
rev ont in MA COaxIng way which has proved s.
rnicacious with tho defendants witnesses ahd subse-
uuentiy ho discovered that at the particular time
when the witness was there with Barnard
they wcro talking socially with Davidson, not IN
fhe store exactly but in The little back clce Dr. Far
sons wanted 10 {. they woro not drinking together
there Certainly" said Mr. shafcr; "Mr. Davidson
had all The accompaniments O, sociability' The court
and counsel i1cluding JucSe Barnard, INDUCED in
broad smi., lts expression, and Mr. Parsons
genturCd 10 .lq Ire what the acconipahiiheh's OF
socabli,y" were, whoreat Mr.. Sh@her explained PITY
1nglv and as il a little astonshed at Mr.. PdrSons's
ignorance Of what constitutes social intercourse be
tween Judge and safe manufacturer that he meant
"Champagne" at which the Court again smiled, ana
silently acknowledged rs Indebtedness 90 Ir. snafer
for a new definition Of a very common wori lie wR-
further asked ii Judge Barnard INDUCED o. that OCed
sion IN any OF me acc COMMANDMENTS ana 9''ay u
This was sufficiently amusing to make tue accused Linn
now BARNARD GRANTED ORDERS.
The subject then dropped, ana Mr. Parsons turned
back to Tie impeachment movements against Barnard
in 1867 By Fisk & Gould, when sbaler was Judge and
Baruards counsel The question who counsel for
Fisk IL Gould was answered by Judge Barnard, who iu-
feTupted the witness by saying neerngy, oh there
was an army Of thcm-Feld, Porter, &c| Mr. shaftr
was examined very rgdy in reference to the Milwau-
zee and St. Paul Railroad. Witness asked for an IN
2nnetioh on a certain day, and that same day
again came 10 Barnard 20 get receiver appointed The
rst lime barnard aid not even Icad over be papers,
III Timed lie order Of injunction because Ira shaH
Il. Wien however the latter came again 40
same day Barnard evidently Thought that ~as Carry
tng The ke pretty and pretty zr too for he hest
ssied aId asked shater If h. was all right about
rover Of the Court - appoint OF property
IN Wisconsin, dehaabc question to hlt. 'Oh,
yes" ~ ser told HIM ats ALI right" and down
the signature. Now" said Mr.. Parsons, you don't
mean TO say tins was an ordinary ordeIr well; no.
replied the witness WAS NJ ~ a very eXtIdOF9l"a1y
order" "Yes, Sir" me def mt reply bat nave
very ilrstrious precedent" " An SAID Mr. Parsons
s'iet us have IT," r Sn0iicr ruInaged over pile OF pa
pers, aud selected one which no hande4 10 3tr PaIs9ns
IL was a OF Belmont against the Erie Railway, bat
N sunseaucntly turned out that It mt tine
against the Erie Railway, which he tried unsuc-
ressfOlly 70 ind, and he Iiodnced that order
would .Uow what inc other 40 THE order had
nothing 10 with tie present trial. MI Parsons dc
were issued ags ~ the Erie Rliw y and which Mr..
Shaft Jailed 10 as an llustld0OA vf - - mus
Erie ROAD was chartered Under tt3 ave OF New
York mainly, anu the Milaa-4-e and -. Paul
under the laws OF Wisconsin; aud " leave the READ
60 draw ms own inference as 10 tne iOfmcls
application % the present case Continuing the eGaA
nation, the subject OF the ridlcWousl. small seouy II
k25O required IA the Milwaukee ana Stfaul hugatOn
was brought up, and Mr.. shalt,r f '.t i'it judge
Barnard granted the ordeT Withou. a'F i'o.ou OF
surcties, ana made no lsqarles II ~. "t. 7naHef
didn't know th.t nc himself looked at the undertaking,
which was assq up y ss ana oo s az soI e
nor say any nIug before he signed IT,
COS.r.ir>T WuNEss.
Dr. Henry L. Quackenbush was the next witness, and
the one destined 20 create just about such impression
a. Barnards court officials did Saturday In
so Mr. Beach he explained all about Barnard's dining
room chairs which strKingy similar 10 those N
the Eric Offices rs % create unpleasant suspicion Ia
eople's minds II M Parsons had simply let this wit
leave the stand without crOssexamnaton, the Court
would have rejected his testimony as utterly unworthy
81 eredence, Notwithstanding be informed tLe Court
.hat 10 New-fOrk ph5 Aielih Wi'h an
extensive practice Tie substance Of his direct