The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-07-26

as I went and looked at the order; cannot tell the
year in which the language about his enemies being
Unfortunate was used; cannot tell what matter
was pending; 1t was general remark
This witness was subjected 10 a lengthy and
searching cross-examinatiOn, but nothing new or
material was elected Witness said he could not
give any dates Facts by which reference could be
tanned; my impression Is that Du-ant was not
present at the time; can swear that Judge Barnard
usru tue words or similar words; that nc used
either tue word ''robbern or "scoundrel."
FAvoRlTE RErEREE CRATES.
JUICE William Mitchell was called and sworn.
M. "a sons sald he proposed to prove that when
Gratz Nathan was proposed AZ referee in the first
Erie suit Barnard said he knew but one Gratz and
that was GratZ Coleman; 'he IL my Gratz,r or .'ho
IL ny referee: thereby alluuing to a notorious
TACT that said Nathan was perso. usually selected
by Judge Cardozo and meanin- thereby that he
(iiarnard) rad like favOrte In James H. Coleman
The witness stated that he was present AT the
time referred TO in the specification, and when APP
plication was made for referee, and Graft Nathan
was proposed, Barnard said, 'Gratl wnoY know
but one Graft and that Is James H. Coleman; - tae
Judge may have said Gratz Coleman, but think he
said James IL. Coleman.
CrOss-examined 10y Mr.. Beach--The remark was
made in Jocose way; was offended ut the re-
mark
CHAIRS FROM THE ERIE RAILROAD.
Adrian HerZig called and swOr-Am a furniture
dealer, with Marc0tt II Co.; heard the witness Rob-
insons testimony concerning chairs ut Judge Bar
nard's Yesterday MarcOtt Co. made such CHAIRS;
they made furniture for Judge Barnard; they
made furniture for the Erie Company; they made
such chairs as Robinson saw ut Jud &c iarnards tor
tie Erie Directors room the Chairs for the Eric
Railroad Company were made with the monogram
Il. r.. those with G. G. u. were paid for by the Erie
Railroad Company, a. also the others; all the fur
niturc was paid for by the Erie Railroad Company;
the cost OF the chairs was 500 d piece; we made
four revolving chairs they were SO more piece;
there were ten or twelve chairs OF both patterns
marked with the c. g. b. monogram.
CrOss-eXamined by Mr.. Beach-rhe manufacture
OF these chairs Is peculiar to our establishment;
we the only makers OF this style OF chars don't
know that 1t has not been initiated by other manu-
facturers 1t is not unusual to have monograns on
Erie Railroad Company marked q. q. b.; sold no
chairs TO Judge Barnard; We sold 10 The Erie Rail-
road Company chairs not marked H. H.; don't
know what monogram was on them; Judge Bar
nard never bought chairs OF us.
TO Mr. Parsons-i remember that there were
chairs sold to the Erie Railroad Company without
any monogram.
10 senator Benedict-The monogram die
&c G. b." shown to me was made for our estao-
lishment.
TO Senator D. p. wood--Our bill shows that there
were two dies ordered Tor the Erie iiaroad tho
bill does not tell what letters were on the die.
TO Mr.. Beacl-Cannot say whether one OF those
dies &c. e. b.
THE PACIFIC MAIL ORDER.
James G. Lowery was called and sworn-I was
counsel for the Pacific Mail Steamship Company in
the suit OF Goddard against Stanwood The wit
ness proceeded TO state The action taken to procure
settlement of Indebtedness against the Pacific Nail
Company, WHICH eliminated IN an order addressed
to the Pacific Mail Company rom Barnard as l0l-
lows
Il the i not aa my S OF s 'y
Monday morning. on the opening OF the Court
There had been no other order served upon the
company prior to this.
The cross examination of thus witness was SIM
ply explanatory OF the proceedings.
Rufus Andrews was sworn ana testified as TO this
charge; he attorney for StanwoCd, who was
not Intimate with Barnard, and did not know Bar
nard in California; think the Judge was sitting at
Chambers when he granted the order. witness
stated the proceedings IN the case.
CrOss-examined by Mr. Beach-"Thc action In
this case is still unsetted as 10 the paper threat
ening Imprisonment witness said that Judge Mar
nard was under the impression that the Pacic
issued that they were in contempt, and had used
insulting language toward him In the matter; he
witness) told him he was mistaken; that the
order he had issued previously was not u peremp-
tory one; finding he was mistaken ne told stan
wood to so aad get that paper back; StanwOod
went alter IL.
ALBANY AND sUSQUEHANNA SUIT.
John w. Sterling was called and sworn. W.T.
ness destined as to the proceedings under the In
junction issued by defendant at the instance oil
David Wilbur against the Albany and Susquehanna
Railroad Company. witness said the order APP
pointing Fisk and Porter receivers was preferred
ut the chambers In the house 313 Twenty-third
street; the papers referred as the Opera
House; Wilbur was never client OF our firm be-
fore tins case; first met him at the Ellie railroad
onice; when got the papers started for Judge
Barnards house, on Twenty-hrst street; on the
way met IA gentleman who took me to No. 3l3
Twenty-tnrd street. where we found Judge Bar
nard; tins was in the evening, about ten O'Clock;
BIB Twenty-third street Is two doors west OF the
entrance of the Erie Railway Company.
Adjourned until ten A. NJ. tomorrow.