The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-10
THE JUDICIARY INVESTIGATION.
The Charges Against Judge
Barnard.
EXAMINATION OF WITNESSES

The Use Of subp@nas-The nlegality Of Some
Charges Till Friday.
The Investigations in the charges against Judge
Barnard still occupy the attention Of the Judiciary
Committee; but thus far Messrs. Albert Stickney
and John E. Parsons the prosecuting counsel for the
Bar Association, have not succeeded in bringing to
light any frauds Of startling nature. The Judiciary
Committee met yesterday morning at ten O'Clock;
but business or other causes has sadly diminished
their number, Messrs. Prince, Niles, Tllden ana
Hill were the only members present. Judge Bar
nard was punctual in attendance. accompanied by
! his counsel, Messrs. Rufus Andrews and George
Ticknor Curtis The following are:-
THE CHARGES AGAINST JUDGE BARNARD.
FIRST CHARGE.-That Judge Barnard did release
on babeas corpus without knowledge OF the District
Hummel, some ifty prisoners, In suits daIing from
1857 to 1871. Twenty OF the cases occurred before
1862 the time when the Judge took the oath OF office
SECOND CHARGE.-That Judge Barnard did con-
vain ana 's a @
persons Of J. ii: Ramsay. Henry Smith, ". /. N.
assist In gaming the election OF Fisk ana Gould to
the ONCE OF directors Of the Albany and susque-
First Specification. In the case OF David
Wilkes against the Albany ana susquehanna Rail
suspenoing j. II. Ramsay, President OF the aiore.
said company.
Second SPECIFICATION That In the case Of AFRO
Chase against the Albany AMI Susquehanna Rail.
road he did the 9th OF August, 1862 illegally and
0orrupty appoint FISK and Coulter receivers OF the
THIRD Specification on the 7th Of August
1869 ne dld corrupty appoint r. l. Pruyn receiver
Fourth SDectfcdtfOn.-In the case OF Bush against
the Albany and Susquehanna Railroad. on the 14th
OF August 1869, he dd cOrruptly issue an order APP
pointing W. J. A. Fuller receiver OF 2, 400 shares of
stock ofsald road.
OF August he did grant wrts and orders purporting
to come frOm the Supreme Court and that said
orders were 1rauduently issued at PoughEeepsle on
the day after his mothers death and the day OF her
funeral
Sirtn Specification on the 9Th Of septem-
Der. 1869, in case OF Albany and Susquehanna Rail-
road against Ramsay and others, he did, for pur.
pose Of conspiracy WIN Fisk, Gould and Others,
Phelps to bail In the sum OF $4,000 each
THIRD CHARGE.-Tnat Judge barnard did Illegally
and corruptly appoint one James L. Coleman re-.
ceiver OF 600 shares Of Erie STOCK, the property OF
| English stockholders.
FIRST Specittcation.-That Judge Barnard did this
IN conjunction with Fisk ana Gould for the purpose
Of stealing the Albany and Susquehanna Railroad {;
ton Of putting the road In the possession and
under the control OF Fisk Gould, Lane and Barnard.
en-, Soma s%dGe BarnarI on
II. Coleman and appoint one Charles Robinson re.
ceiver OF said $1,000 shares of Erie stock.
u
corrupt decision in denying motion Tor aimOny.
FIFTH CHARGE-rhat Judge Barnard discharged
tempting TO register Illegally voters at election
In which SAID Barnard was running Tor Judge OF the
retornabe from his private residence that at late
hour OF the night they were discharged Dy said Bar
~ ms ga ana me as ne would
SIXTH CHARGE.-That Judge Barnard mas shown
gross favoritsm to James H. Coleman In appointing
him referee In large number OF cases during the
years 1862 1870 and 1871.
SEVENTH CHARGE.-Tnat Judge Barnard has made
large and extraordinary allowances In certain cases
to lawyers practising before MIN.
EIGHTH CHARGE.--That his conduct upon the
bench while sitting as Judge has been unbecom.
ing and wanting in dignity: that MS expressions
have been indecent; that he has abused respectable
iavorism for certain counsel and certain llhganis:
that in the performance OF his oclal duties he has
o s eeS To e @
grace OF the legal profession ana the support oil his
| friends.
| Mr.. Stickney opened proceedings by placing Mr..
| James Coleman on the stand. Mr.. Coleman is
| well known as having been appointed referee
in various cases by Judge Barnard. The object OF
the prosecution in producing Mr.. Coleman was to
prove that on Augusta, 1869, the latter gentleman
had sent Geographic despatch TO Judge Barnard
at Poughkeepsie, where he was visiting his sick
mother. The despatch was said to be summons
to attend meeting tnat evening at the residence Of
JOSIE MANsFIELD,
In Twenty. third street, where ne to meet Fisk
Gould and the rest OF the conspirators In this at
tempt to gain possession OF the Albany and Susque
hanna Rallroad.
Mr.. Coleman testified that on the 9th day Of
August 1869, he was not In New York city, but at
Long Branch, where he was residing with his
family In answer to several other questions he
also stated he was at Long Branch the day previous
to the 6tn OF August and remained there for two
three days longer. He was then questioned In
reference to the charges and specifications
which state that Judge Barnard was at Pougnkeep
sic the 9th day Of August 1859, at the bedside OF
his sick nother that he there received Geographic
despatch from James E. Coleman, requesting his
at No. 1859 West Twenty third street, that, In accord
ance with Tue purport OF the despatch, ne came to
street. ana there signed the documents appointing
Messrs. FISK and Coulter receivers or the Albany
ana Susquehanna Railroad
In answer TO these questions Mr.. Coleman stated
that he was not in New York city on the day named;
hal never sent any Geographic despatch, and that.
as far as he Knew there was not word OF truth In
the charge whatsoever.
The examination Of Mr.. Coleman was continued
for short time longer but finally Messrs. Stlckney
and Parsons dispensed with his services ana rested
on their laurels. -
Sterling, member OF the firm OF Field shear
man, who secured the order from Judge Bar
nad s M Sterling hs ss
fed that on the 9th OF August, 1859, he was
in New York city, and In the morning went
branch oilice, in which they were In the habit Of
ransactng their business for the Erie Railroad; his
object in going TO the office on that special day was
to meet the Executive Council and Board
Of Directors OF the Albany and susque-
at their proceedings and 1t was at that time that
the papers were drawn out vesting his firm with
the authority under which they acted future pro-
ceedngs; MIR. FISK and Mr.. Gould were not present,
and ne did not remember anybody else being there,
with hp "a