The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-20
TIE JUDICIARY INVESTIGATIONS.

Testimony of Horace #. Clark and
Others--ArGuments For and AaaiDst the
Police Justice BiIl-The Case Against
Judge Rnrnnrd Nearly Closed.
The judiciary Committee were very busy all day
yesterday and succeeded in disposng OF a consider
able amount OF Dusln ess.
The committee look their seats about half past
ten, and the first witness put upon the stand
was Mr.. L. Won Hoffman, banker, who
stated that the firm he represented
had been agents for the English stockholders
In Erie and had sent CO. 600 Of these shares to the
Erie office TO be registered and the authorities re-
fused to 40 IT.; thereupon ensued the litigation. IN
which Judge Barnard appointed James II. Coleman
receiver. The witness was OF the opinion that the
administration ofjustice IN this city was prejudicla
Mr.. George Opdyke, the well known banker. the
next witness, was OF the same opinion as Mr.. Hon-
man.
The next witness was ex-Judge Lucien Birdseye,
OF BROOKLYN, who testlied TO the use OF Improper
instances, once in 1862, and again In July, 1871.
Mr.. Nehimlah Millard, member OF the bar, was
to case OF Niles vs.. Erie Railway Company.
Mr.. Horace e. Clark stated that he was President
S Inc S US New aven anS
panies director OF the New YORK Central Railroad,
director Of ONO and Mississippi Railroad and presi:
dent OF the Lake Shore and Michigan Central and
all Its branches. The office OF the Union Paclnc
Railroad Company was originally IN New York,
OF railroad suit, IN which receiver was ap.
pointed and the books and papers OF the company
directors once PAID the sum Of 100000 upon the
settlement OF the differences that arose In New
by check to Judge Fullerton as representing some
BODY whom the witness did not know and OF whom
he has not been lnlOrmed but, on my honor here
state that believe Judge barnard never received
one dollar Of that money.
Judge Barnard here made application to the com
mittee to subpoena az once all persons who could
throw any light on THIS matter.
Witness then stated that he believed the lawyers
are just as much as the judges, and the people
also to blame. The present elective system OF
the judiciary Is bad, and since the adoption
equity practice, took away the old safeguards in
reference to lniuncuons, master In equity and re-
was almost an ennre Generalization In the admins.
trat1On OF law and Justice. He recommended code
tice and which will guard more safely the interests
| OF litgants who or whose matters are continually
before the Courts OF Justice and the Legislature Of
Mr.. Charles Tracy was then called. Mr.. Tracy
gave detailed siatemens OF different proceedings
| there were receivers appointed ana which had
afterwards been taken to the United States Courts.
| He submitted all the papers and documents relat-
ing to these suits which then examined by the
| committee aud they then adjourned.
| An open session was held by the Judiciary Com
mttee shortly before seven O'Clock last evening. Tor
| the purpose OF hearing arguments In favor OF or
against the proposed Police and Owl Justices bill.
Mr. Gerry. speaking against the BILL called the at
IcntlOn Oi cOmlttee 10 flrSt III
city, from the Battery to Blocker street. This dis
trict ID presided over by Justices Bowling ana Ho
! gan, and contains all the dangerous characters in
this city During 1870 the police in this district ar
rested 3,677 persons, 867 OF whom were sent to
the Grand Jury. The others were disposed OF
by the Judges. l am at loss TO know why this
change Is sought as 1t Is notIor the bene1t OF the
people, and ask you to give the question due con-
sderati0n 1t Is dangerous to The city to allow these
courts to be overthrown and thus let loose all the
dangerous characters in the city.
Mr.. Oney here made O short address In favor OF
the bill, claiming that the Legislature has power to
remove the Police Justices IN this city, should they
will It,
The committee then invited both parties to send
in any written arguments the question that they
should deem proper.
THE SECRET SESSION
OF the committee was resumed at eight O'Clock p
M. Mr.. q. 8. BUSHNELL one Of the Directors OF the
Union PACING Railroad Company testified corrobor.
atlng the statements Of Horace f. Clarke.
Mr. Orton, superintendent OF the western Union
Telegraph. was examined IN reference to telegraph
dispatches, and Judge Pratt, OF Syracuse testified
as TO the case In which Judge Barnard denied the
motion to appoint receiver Tor Che Merchants'
Union Express Company. The committee then ad-
journed until this morning at ten O'Clock.