New-York tribune., 1872-08-17
JUDGE VAN COTrs CLOSING ARGUMENT.
BARNARD's UNJUST oRDERs-RAILwAY LITIGA-
TIONs REvIEwED-THE FULL PENALTY OF
TIE LAW DEMANDED.


BARNARDs UNJUST ORDERS-RAILWAY LITIGA-
TIONS REvIEWED-THE FULL PENALTY OF
TIE LAW DEMANDED.
GENERAL PRESS DIsPATCH.i
SARATOGA, Aug. 16-The Court met at 10
IN IS members present. Judge Van Cott, Of counsel
for the prosecution resumed his argument at the point
where he left off yesterday crcsng the orders issued
In the Nyce case restraining the Erie Railway Company
from transferring the stock belonging to the English
stockholders then took up the order issued the
succeeding day, appointing receiver OF that stock.
Respondents counsel said that Judge Barnard discov
erng an error on his part made in the order of the 2d
Of June restraining the transfer revoked that order
the sd aud issued another How it, If he discovered
an part that he repeated tine order, and in
It's enormy by adding TO it the appointment Of
Arcoeverl
Mr. Beach replied that the second order was issued
upon new facts presented.
Mr. Van Colt said the counsel continually falling
into concerning these facts. Judge Barnard did
his order Of Injunction and he proceeded TO
state that the first order issued in March, and fol-
lowing that there two three other orders. On
the 22d OF June stipulation that there
mistake violating the injunctions proceedings
were stopped to contempt There revocation
Of the order, alleged Judge Barnard's finding that
he had made Counsel then referred incident
oily 20 in which Judge issued order
10 in the Union Pacific Railroad, returnable
az certain future day before the arrival that
eeyer thus seriously interfering with the construction
VI great transcontnental railroad
THE RECEyERsHP BUSINESS.
Returning 10 the in which the order was ssued
putting the stock OF the Erie stockholders the hands
Of receiver, counsel referred TO the vercaton the
complaint made by James Fisk. r and complained that
entirely insufficient He asked II 1t was legal and
proper 10 dpOssess of his property simply the
knowledge and belief OF another Counsel then re-
erred the effort made 20 have the 100000 OF stock
registered that it would become marketable after 1t
released FROM the Injunction and asked why Fisk
and White the order restraining its registration
Some had motive for this act, and who was it I
We find Judge Barnard making this unlawful order TO
prevent the registration and for ali these orders there
cause but nevertheless they issued, and by
manipulation the part OF Jay Gould s3OOOOOO OF this
stock actually stolen; the evidence shows, and
find that co 900 shares locked upare put in the
hands OF Jas H. Coleman for what purpose Why. that
they should not be voted upon. And what is the result
Are they not voted upon When the election time
Hyes this JAS H. Coleman goes TO the office and
these shares for the Erie party Was this not part of
the little scheme entered Onf Then the case by order
OF Judge lngrahan, is carried, 10 the DIS
grace OF the state, into the United States Court
Judge baichiord then made order taking this stock
of the hands Of Coleman and handing n over to s
owners But what was then dOne3 Why the counsel of
suits which had originated tois litigation Why discon.
unue these suits II they meant anything beside simply
Culd Che parties TO these suits obtain usce In the
United states Courtsi Then on the 2sth Of February
Robinson was appointed receiver Of all the stock held
D., Foreigners in this country and the complaint of
fk the cate 70 this order is made in such way as 10
cover the proceeding In the United States Court Where
tc sincerity, them OF dlscOntinuance the suitsf
hessrs. Eyarts and sOuthmayd, shrewd lawyers as
they are, fell into the trap OF this discOntnuance of
lAe suits. They thought the proceeding was
bona ade one, and yet ere Mt. Swan could 20
from the courtroom 10 the office OF his law
yors lie served with order ap-
pointing Robinson receiver. Now, said coun-
bel Judge Barnard knew this trick He was fully aware
~ a. II IL such conduct this that he been guilty
~. lie bas outraged all law. There was another
grant circumstance In this connection. On the nth OF
hcpieuiber he issued order making these various
orders special term order. He knew all about these
Didrs ana yet he made this order which disastrous
10 Tie Interests Of the of this stock and disbon
ping 10 tie Judiciary Of this state This Robinson
W ultimate association with Fisk Could and Barnard