New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-07-25
THE BARNARD TRIAL.

BARNARD's RECEIvERsHIPs-How HIS FRIENDS
WERE PROVIDED FORA FAMILY ARRANDE-
MENT IN ERIE MATTERs-ERIE FURNlrUkE
IN A JUDGES DINING-RooM-"Wlr ON tiih
BENCH.
10y TELEGRAPH TO THE TRlBUNEl
SARATOGA, July 24.-The trial of Barnard
wasresumed this forenoon pretty full attendance
and a large amount of valuable testimony was gwen
The departure Mansfield from tho courtroom yes'er
day. the signal for its instant evacuation by nearly
all che ladies' and good share of the men, ana very rev
OF them have back The first witness cailed 10
day was VIM H. Morgan from whom was obtained the
fact that he obtained the order appointing Coleman
receiver at Barnards house, after the Adjournment OF
the Court although he might have obtained IL curing
Court hours had he been disposed Inc iacllly WIN
which Barnard carried pouderous an institution as
the Chambers OF the Supreme Court ABOUT Win hi'n
wherever he goes Is and has long been in New-Nork
III subject for humor and indignation. IL is certainly
lust the time for these Senators and Judges
who are content with making laws and administering
them proper places, to consider whether TINS seI
assumed privilege OF Barnards, and Others Ike ""i'
should not be curtaled.
The witness stated that he had obtained many ORDERS
from Barnard 1885, in which Fisk was an interested
party. the order Of arrest IN the Albany
and SusQuebanna suit which was also granted oy bar
nard ia his own house. In reference to the Nyce SUIT
he thought the appointment Of Robinson, wee coleman
resigned was in Barnard's handwriting The Judges
furniture claimed have come from the Erie ONCE was
tine interesting subject brought up. and MI Parsons
drew from the witness that Barnard's diningroom FUR
nture was similar that the Erie office The rest OF
his testimony sufced to show surprising forsetfulness
the part Of the witness Of the Nyce suit and OF the
parties TO which he connected.
Charles Robinson, who owns a stock-yard at Wechaw-
KEN and an intimate friend of Barnards, was called
next by the prosecution The facts that were elected
the witness far they reflected upon Barnards
integrity fairly wrung from him, and were conse-
quenty all the significant IL is noticeable that
the friends of Erie 20 be the friends of Barnard
and rice rerSL Fisk interested in the stOckyards,
which bound by contract to receive all the cattle
that the Erie road. Although Robinson mad
been right for years. he actually couldn't re-
member whether his yards communicated with any
other road OF course, it was surprising to be
further informed chat the witness was IN the habit
OF transaeting business the Erie office every day.
and was on excellent terms with the gentlemen
who at that time performed the pleasurahle
duty taking Of Erie money. At tins time FISK ana
Gould are engaged in heavy litigation; some Judge
must interfere in their behalf Coleman has resigned
from the rccevership in the Nyce suit and has got rid
OF another like that OF his position in previous
sut What better man be chosen than Mr.. Robinson,
who has known Barnard since he boy, and lent him
InoLey and who is likewise connected with Flsks inter
osts Robinson is appointed receiver and thus all the
kept in the family. Before he was appointed
however he is informed 10y Jay Gould that he-the wit
nesss going he appointed receiver, although how Mr.
Gould knew it does transpre AT all events, his pre-
dic,iou is true and Robinson is appointed
The main point Of the testimony however, was to
show the similarity between the furniture In Judge
Barnard dnpgIOom and that in the Erie office, and
monogram die was produced which the witness would
not identify as the from which the monogram on the
furniture was produced but the letters looked the same
ho also remembered lOaning TO Barnard 5000 on the
atters application. The witness borrowed The money
stra!ghtway from Jay Could and gave Barnard jay
Goulds check for the 5000. This was in july ISL On
Rohi hesitation
admitted that he worth over 100000 and further
stated that Gould did MT know the purpose for which,
the 5000 was borrowed from him.
Mr. Parsons here offered in evidence affidavit of
August schoemmei reference to the order appointing
Robinson receiver and also offered the fact without the
introduction papers; that the papers on file IN tue
SUIT OF the Erie Company, Fisk aud White ait. Heath
aud Raphael all hedn the Office OF the Clerk OF me
Circuit Court of the United states, or rather certified
copies of them on oct. II, 1870.
Robert Reuter-, clerk IN tne office OF Won Hoffman q
Co, New-IoTk bankers, testified that by direction OF
the n he delivered the 6o956 shares OF Erie stock IN
Farmers Loan and Trust Company in june 1870; two or
told il hadn't been examined; he went again, subse-
quenty and the answer then was that Hilton WAS Guy
day he received the same answer; he after%ard went
was referred TO Coleman, the receiver but failed even
then to obtain them and, in Short never did OBTAIN
The last witness was Arthur Johnes, law reporter
for the NewYOrk press, who was called to prove GER
nard open court, which have been testified to before
Judiciary Committee and the SUBJECT OF
81. Mr.. Beach renewed his objection 70 TINS article,
which waived at the beginning OF the trial, making
the point beneath the dignity OF the Court TO
consider such trivial allegations. He sought TO excuse
these utterances from the Bench by maintaining that
the present system of election had induced
familiarity and freedom between the Judges
and the members of the Bar, and that 1t
was hardly tit, under the solemn circumstances
under winch this Court had convened TO establish the
precedent wit upon the bench was TO be regarded as
an indictabe O1ensc He then referred to formidable
authorities IN support OF his theory, which
were calculated TO cover up the issue ana perpeX the
Court, rather than leave the question ansWerabe 10y
yes or 10. The argument was well wOrded, ana may be
regarded complimentary to the shrewd abilities OF the
speaker and with better case, would have raised III
the minds OF the Court doubtful contest As II was,
the reply OF Mr. Van Colt demolished whatever serious
doubt might been created by the specOus argu-
ment of opponent The question: in his opinion, was
not one refined manners, but of judicial mOtives he
FASTENED assure the counsel that there was
not the slightest fear Of Barnards wit ever
becoming ndctable oense cleyerness OF retort was
by no means reprehensibe, but nnuendoes whose sole
point consisted in their maciOusness or ndecency were
proper reason for impeachment The speaker referred
10 no authorities, but confined his argument 70 close
OF the question, concluding with an
Illustration witty and applicable thai IL forced laugh
from all the members of the court. Inc testimony OF
the witness was then continued for short time until
the hour Of adjournment. o.
iGBEBRAL PRESS DISPATCH BID.
IL o. N, tIo ~ tIa