The New York herald., 1872-08-01

y thst men tnan the men managing that Board
none~ = time; New York was then, as now, me me
rany's office caused
10REAT INCONVENIENCE AND EMBARRASSMENT;
Sny such circumstance fails ultimately on the stock
Qnestion-Did not the Credit Mobilier build this
Mr. Beach objected to this question.
Judge Grover said he hoped no evidence would pe
taken as to the Credit Mobiier as tnat was! was
matter entirely out OF the matter before the Court
Mr. Beach said he hoped that no such ruling
would obtain at this time; evidence Of this char,
ask permission to meet 1t at the proper time, and
the Chair ruled against the admisslbiity OF the
Manager Niles then asked II ne had check for
$500 in his possession, paid for settling the suit.
MIR. Beach objected to this question: as there was
The Chair put the question to the Court, but be-
fore it was taken Manager Niles withdrew his ques-
Judge Noah Davis was sworn-I am District At
torney for the United States for the Southern dis
the Supreme Court; also OF the Court Of Appeals;
have been acquainted some ten or fifteen years
n sa 70 & Hps o. has sd Inn
was IN the habit Of going into the room where the
Union Pacific Railway Company are yet pcnding; !!
have only general knowledge as to how the road
was constructed by whom it was constructed, and
under what contracts; the road was completed be-
fore became connected with 1t; have not exam
ined the papers and have not passed my own ludg
Witness said the treasurer of the company was
in Court and he would give all the information
Mr. Beach accepted the suggestion, and sus-
pended the examination on that point
ton list Of the to show that Fisk was
stOckhOfder.
Mr.. Parsons objected on the ground that the evi-
dencc In the case should be confined to
THE ALLEGATIONS BRFoRE JUDaE BARNARD:
Mr. Beach responded that he had struggled @ ron
ton to the facts az laid before Judge Barnard but
the managers insisted on going outside Of those
papers, and their demand had been sustained by
the Court; now, however, they change ground.
Judge Grover said II appeared 70 him counsel
oe oe Is 0t to his e
dence had been admitted as to the ertect OF his
orders, because ajudge issuing very important or
ders seriously affecting large interests should take
the effects into consideration, and it was question
whether he had exercised that consideration; he
action Of Judge Barnard on the papers before him
and the knowledge OF the facts In his possession
ana that all matters relating to James FISK, Jr., OF
| place for consideration here.
Senator Murphy concurred with Judge Grover
fully, ana had determined to exclude all these eX-
| traneous matters.
Mr.. Beach followed at some length, calling atten-
tion to the fact that much evidence had been intro
duced showing the effect OF the orders upon the
finances of the road, and he then asked whether the
other side should not show that all this effect was
produced by the fact becoming known that the man.
agemeDt was corrupt and wrongful. He proposed to
show that there We're other influences at work
decline. lie claimed that he had right to do this
he denied the opinions OF these witnesses II you
exclude this evidence you shut the avenue OF truth
and do n great wrong and injustice. He there
fore appealed to and implOred the Court to not eX
| clude this evidence, that this respondent may,
so far as he can, justify himself and his actions
The question was submitted to the Court, but be.
fore a decision Mr.. Beach withdrew his offer to
show that Fisk was q st0ckhOlder.
Mr.. Beach asked II IL was intended to exclude
evidence OF the effect of the corrupt management
| on the part OF the company, and the Chair
was only as to the proposition made by him
Mr.. Beach then asked witness If he knew what
was really the cause OF the dstrust referred to con-
| corning the securities OF
THE UNION PACIFIC COMPANY,
and he answered that he did not
Mr.. Beach-Have you any knowledge OF any facts
occurring ut the time OF these orders which showed
that they affected the stock and securitiesY
Witness made several efforts to answer this ques-
tOn, but, putting In explanations, Mr.. Beach would
not accept the answer. Witness finally said he
knew OF men calling In loans on hypOthecated secu
rities he did not know as he knew Of calling In
any loans on those securities.
Witness cOntinued:-He had heard charges and
allegations against the road in connection with the
| Credit MObilier.
| Witness was examined at some length as to Con
| gressOnal action concerning the road, going to
show that the company was for q long time before
the country.
To Mr.. ParsOns-I cannot say why General Blail
declines to answer the subpoena OF the Court
| undcrstand General Rlair's family 10 i'll my iin
| preston Is he Is on his way here now.
After some discussion as to It's admissibility wit
ness said Just after the proceedings in the Erie
contempt case remarked to Judge Barnard that
they were not exactly proper, and he said he never
had any difficulty in getting out of a tight place.