New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-04-13
BARNARD'S CASE.
Continued from second Page.

eaton for these outrageous orders was inc 20 re-
contumacv OF the eorpOration's officers in reis ~, III
cognze the authority Of the judge aier ne the tinted
Jurisdiction by the removal or the case hnrJ n Mr.
STATES Court The pretext il simply apssru a ~
49, had reed ~ sen lot and had refused TO peror
his contract plaintiff seeA,ne have cot an er parte
order from Judge Barnard app4nns vas shown by the
JnG o. in his order appointing receiver Oh inc p ~
OF great railroad doe q, the Companys stock
Tur srsorFHANNA RAILROAD LITIGATION
T., ,no sps,uebanna litigation Judge Barnard MADE
arotber series Of orders which are utterly unp"raeeu
They are recited in the charges made against Juuee
barnard and nothing need be here urged ou' points
freshly appearing by the evidence. The testimony as W
the taking from David Groesbeck Of large amount
of ths stock very significant Mr. Groes
heck o wealthy and prominent broker is attending 70
his ordinary business, and person calling himself re
ceivcr comes with dcputysh and demands OF MI
croesbeck his susquehanna stock. This stock
n re H"S decided. Mr.. Groesbeck's title to
that stock good and perfect against al the wfo e
without notice hearing this receiver comes 10 Iae
C dvises hin, 'sTbis is rather extraordinary
And Mr. GroesOeck fearing TOT tHs slS S had e h 6o
sn--enders Guetiv his susQuehanna certificates. This
kind of proceeding when taken without the protecton
Judge is called robbery. and is punishable
by indictment and q term IN the state Prison
But when it is committed under the protection
OF a writ and order OF the Supreme Court, ana
By Judge Of that Court the only remesy Is ~, pei IN
ment removal Mt Bush the pialntin IN tne suG u
which Judge Barnard granted this order appointing =
believes e issuing OF sald stoeA N zee MANNER i nv
the price Aforesaid wholly unauthorized ana Void
was void and could he voted by actually as
the inspector the subsequent election, received tne
receiver voted for MessIs. Fisk and Gould, having re-
eeived ballot from MI Fisks counsel at the break
fast table that morning, and having the cerca.es rU
yenen.y Win %, BIN R, on Fax q GSuld and in fact
voting at all by accident II Will DE seen al once
mat an INJUNCTION would have hindered Mr. Groesbeck
newer scconDshed 6y the learned Judge the
parties, in relation TO the eOeOO shares Of Ensisn ERIE
shares " the stock, is to be compared with
the event just narrated.
THE CHASE AND WILBUR SUIT.
In the Wilbur suit. an order granted by Judge
Barnard that the defendant Joseph Ramsey, refrain
from exercising the offices of President and Director OF
the above Company either of them, and from issuing
any stock said Company, in any way interfering IN
Its afurs-untl the further order of this Court TINS
not ng5 allegation OF any lie gal act whatever which
had been by Mr.. Ramsey and II enlOlheu nm nm
from DONG any act whatever IL the performance OF Ills
Ofica duties. ... NJ. A.. o..t-o-
In the Chase suit have been already iedehlaIy hSl-
toned. Judge Ingraham was holding Chambers Of the
Supreme Court il New-YOrk CITY; but Judge Barnard
must be sent FOR from FOughAeepsle Ihe 5t ,eS
which summoned Judge Barnard from Poug4Keepsle
was dated at Mrs Mansfelds house: Judge Barnard
mt Ills answer TO Mrs Mansfelds house. Beyond
Doubt when he reached New-York, he himself went nj
SUMMONED The order appointing Mr.. Fisk receiver,
however, far as the testimony SHOW s11eu III
House and Mrs Mansheld's house, in the same block
with 6otl II never appeared whether NOT the Court
was actually opened BY ordinary proclamation, or
whether clerk present IT any rate none OF JAe
minutes could be found among the records. Surely for
fnr set Of men delays Of tie law have become merely
70 he Ioiiced tina. the whole Of this litigation con-
cerned matters and property many miles away from
The Courts and Judges in the counties where
this railroad ram were competent 10 give Justice 10 an
parties. Why necessary for these men 10 ~ 10
NeW-YOrk Clty for their rights NEeh lAey ca 20 ~
graham here who was regularly holding Chambers at
Court 70 whom applications for these orders should reg
ullrlv have -uade, and who would have granted
az right and proper orders, and no others
A JUDICIAL CURIOSITY.
The writ Of and the injunction order on the
18th August in the Chase suit the rares Of
these judicial curiosities. The order appointing Mr.
FISK receiver was granted the 9Th August Mr.. Fisk
tried To take possession Of the the morning Of
the 7th. He was unsuccessful Mr.. sherman then, IL
NcwYOri City. on an affidavit which showed that he
Albany which stated It's face that his information
was entirely derived from telegram, obtained from
Judge Barnard WhaJ Is cll,l an ~, gui44e
tire Railroad Company, It's President, all s directors
thIt other action the sheriff Of Albany County. and
the Police Commissioners OF the city OF Albany
and James Fisk ir, Receivers appointed IN this action,
in the performance OF their duties as such receivers
from Interfering with tine possession ~ uch Receivers
from hinderng or DELAYING IN taking Possession or
nr,srtv an Effects of tbe above-named railroad com
pany held in trust for II from refusing or negieeung
10 deliver the said Receivers all and every the prop
erty effects OF the said company or that may be h Id
in trust same, any and nature. real or
personal; and from melting or encouraging any olp0sl
tioE. permitting any opposition 10 De mace 20 'ne sag
Receivers IN the discharge OF their duties "a SUCH
THAT AL the defendants refrain from commencing OF
prosecuting any action for the purpose Of obtaining an
INJUNCTION against said company, OF ITS officers, agents.
OF servants, against said plaintiff herein. CT SAD Re
celVers dppolhleu hcreIl, any. 49, il - o.
prosecuting any action for the appointment or he
ceyer Receivers OF said company, or from making any
Application therefor, except 10 TINS Court ID inns acilOn
The Police Commissioners OF the city Of Albany were
made parties defendant by supplemental complaint.
Inc only -EesaIon Ia In15 COlln mH 70 Snlln1y
"Tha the plaintiff il informed dtd behepes. the
said have attempted 10 EJECT the said receivers Oy
force ana Violence ana are stu attempting so 10 90
Not word OF evidence was lad before Mt Justice
Barnard when he granted TINS INJUNCTION Inc papers
which LAID before hln showed clearly that there
evidence. And at the same time, on the same
assistance directed the sheriff OF all counties where
the railroad company mad any property There Is no
jurisdiction ia Court 10 lssue u writ OF assist
unless after final decree in an action There II no
by any other Judge. They nave never been Is
men. Judge Barnard knew he had no jurisdiction 70
grant these He knew he had no evil
There never could be evidence which such njunc
ton could rghtfully granted. And have utterly
500 5000 100000. for this series Of judicial out
rags, which Judge Barnard love Of justice COM
PEELED his mothers deathbed. 20 hold Court
III tine apartments VI James Fisk.
THE ERIE swINDLE
In OF Fisk and others against the foreign holders
Of E.ie stock Injunction granted, pGrte
sranng all registration and transfers OF the stock Of
foreign owners, and appointing James II. Coleman re-
eever all that stock and he instantly seized stock Of
the par value OF upwards OF 100000 The OF
the that Heath and Raphael were trustees OF
the stock under contingent pledge not TO vote
against the Fisk and Gould Board, thelr mana cement
OF the Erie Company proper, and that Heath aud
Raphael intended TO vote the stock against those
directors. Tie injunction was granted IN June ana The
election under the Classification act was not
TO occur until October. and then Tor only
got the stock for the Gould and Fisk