New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-03-19
JUDGE BARNARD'S CASE
TESTIMONY OF JAMES ii. COLEMAN ASD THOMAS
g. FIELDs-REFEREES AND RECEIvERsHfFS--
CURIOUS FINANCIAL TRANSACTIONS.


TESTIMONY OF JAMES IL. COLEMAN ASD THOMAS
&. FIELDS-REFEREES AND RECEIvERsHfPS--
CURIOUS FINANCIAL TRANSACTIONS.
The Assembly Judiciary Committee continued
Its investigation Of Judge Barnards case. yesterday
large portion OF the day was consumed In waiting for
witnesses, and the entire evening session was devoted
TO hearing arguments Of counsel Mr.. Curtis commended
that the Committee was debarred from prosecuting
its investigations into the conduct OF Judge Barnard for
the period prior to his last accession TO the Judicial
office; that the Committee must necessarily con
fine its inquiry and action to such causes OF
complaint as have arisen since Judge Barnard
last took the oath Of Office In 1902 and
that the Bar Association should be prccluded from
adducng any testimony on such matters The Commit
tee adjourned without coming to any final conclusion on
the subject What reason tho Judges counsel have
for believing that the evidence yesterday the
best that could have been produced for Judge
Barnard IL best known to themselves but
they said. "Ths hns been feldday for Barnard, and
it will put him through" What the Bar Association
think Of II they declined to say Aside from the evl
dence tending to exculpate Judge Barnard.
1t was said that he had made a
good impression" on the Committee.
member said yesterday TO O lawyer, "When Barnard
into the Committee room he mods genally To tho
legislators, with How you, gentlemen slaps
his leg with his little cane, and after Is
minutes walks ont quite unconcernodly. They have
a sort Of leaning toward him." Judge Barnard was
present at both sessions held yesterday, and con
Quoted himself with the same jaunty and
defiant OR which he invariably assumes
under attack. During the sitting of the Committee
he at times and relieves himself OF the
rksomeness Of listening the charges by saunteIDg
into the Hobbies and chattin, with his friends
Mr.. Prince, the Chairman Of the Committee. not
present yesterday, his health having become
seriously impaired by his unrcmitiing atten-
ton to the arduous duties of his position.
The first witness examined was James II. Coleman.
who testified that he had been appointed either
rferee receiver times. Mr. Coleman produced his
books before tile Committee, and stated that
his entire receipts from the various references
and receiyerships did not exceed $4,000. He further
stated that he had never paid Judge Barnard
any commission or shared the profits arising
from any such appointments either directly
or indirectly, and that for three years he
had declined any and all retaners and had refused to
appear before Judge Barnard to procure any order
whatever. He also said that he had spoken 10
Judge Barnard relative ia any decisions that Barnard
was called upon to make.
Mr. Coleman admitted that various attorneys had left
orders at his Office for the purpose Of obtaining Judge
Barnads signature thereto, but also stated that these
pdrte orders that Judge Barnard IN tho
habit Of calling him. and was known TO be frequently
ms ho Uce anu snat these s were @ W DE sne
handed to the Judge. and after examination by hun
were returned TO the attorneys ana ne J3emanD had
vices During the afternoon It was reported That Mr..
had sreceived from Judge Barnard The story OF this
transaction that Coleman having immediate need OF
procured It from lis fathern.law MIR. Anderson, and
advanced is to Coleman. In another account tho
sum borrowed. While there is no denial that
the transaction really took place. the report that
is officially and positively contradicted Mr. Coleman
viii not si , further n,. N s the matter until u
whatever financial transactions have occurred between
himself and Judge Barnard have been of an honorable
character In this matter four transactions will be
amined mnulely.
amendments to the Code Of Procedure, which passed
hs % i Fsa wS'V ta n
the GRoGs Which he wSS Savs tue ,Ss
taS a aass' and Of vh ss ta Es n1a.s
the Supreme Court Judges Of this district with
1ss or pSH Tn the sSnps Of
placed himself his rights legislator and objected
TO answering the inquiry under clause OF me Oonsii,
members OF the Legislature as TO their legislative acton
and haV snf ndd in many and Various svasO
answered the questions which were propounded bur AZ
The IEnuSn reporter was vat n aUdggd
Der Of the Bar Association suggested, in ooxng The
compass without settling on any definite point. He e.-
tiled that he had never paid any commissions or Zee,
| to Judge Barnard to secure favorable opinion
money Uei he ' had SorroTed $500 from him detailed
statement OF the circumstances or TINS loan being
demanded he stated that having been pressed for money
he had requested Judge Barnard to loan him thng
amount. Tue Judge was himself pressed for money 1T
the. time, but on Mr.; Fields representations IN,
| own note which no got discounted ut tho
Shoe and Leather Bank THIS note was made for the
purpose Of taking up of Fields notes. which he
unable pay. lie stated further that Judge Barnard
assigned his salary to secure the payment Of the note
which discounted. THIS SUN he has PAID
| off by degrees, and there Is now due
to Judge Barnard 1850. He also testified that he had
read manuscript during tho session OF 1871 which he
knew to come any Of the judges OF the First judi
cal District, which he knew ~ DO In tho handwriting
| of any one of those Judges
| The testimony yesterday was given by the friends OF
Judge Barnard and 1t expected that they would
has not yet concluded case, and it is expected that
il the Committee should decide to admit evidence bear
ing ON Judge Barnard official prior his present
term office many facts Will be developed that Will JUS
tfy the Committee Ia recommending his Impeachment.
Should such testimony admitted 1t would DO well
the Committee subpoena Mayor Hail, aud request him
| to tell all he knows about receyerships.