New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-08-03
THE BARNARD TRIAL.
PROGRESS OF THE IMPEACHMENT IN
yESTIGATION AT SARATOGA.

ORDERS IN THE ALBANY AND sUsouEhANN Ma |
LITIGATION JUsTIFIABLE = uNiNroNi~NA
TESTIMONY.
sARAroaA. Aug. 2.-The defense has been
more successfu to-day than yesterday in procuring WIZ
nesses as there seemed TO he large NUMBER OF 'ei ~
the court room, and Mr.. Beach was readS 10 80 On WIN
his case as confidently apparently as though ne au W
excellent chance 10 succeed. Jonathan X HerfleK'
director and Vice President of the Albany ana suque
hanna Railroad Company the first witness eaie no
formal opening being made. After establishing "i'
Herr,oks familiarity with the history Of the allegations
between the Company and Fisk ana OF inc piO"s
of the Ramsey and Church parties in the directory Va
the road Mr. Beach proposed query as TO the origin "a
the suts against the Company. This brought up at
once an objection Mr. stickOey for the managers
on the ground it irrelevant to the quesoh AZ
issue namely Barnards action Mr. Beaeh Saiu nc
should show conduct of Ramsey and ms enque
was such as to justify that action, and II ne was o'
Going TO be allowed 10 disprOve conspiracy then
conspiracy must be considered as estaDhSheI MI
etckney replied that the defense eould only reOus no
proof that had been put in against them' WHICH CON
sisted OF the orders OF Barnard the papers ON "hn
they were made and the intimacy between FISK ana
barnard Mr. stickney cited illustration the ruling OF
the Court which excluded the evidence ohereo py inc
prosecution OF the interview between Fisk aud Bushhe
ChiefJustice Church and Senator Murphy participated
In the discussion Of this question: the former declaring
IN favor OF sustaining the objection because there had
not been sufficient evidence to prove beyond doubt
n conspiracy Senator Murphy took the contrary
ground that there had been evidence tending 70 snow
conspiracy the defense might very probably go INTO
proof that the character OF the Ramsey-Chufch Con
tentlon called for such orders. The objection was
finally overruled-l7 l6-the examination Of the vat
ness continued and testimony went to show that lie
with many others began TO dsburst Ramseys manage
ment and tried before the election Of 1862 to control IL
by buying up majority Of the stock Ihlrty lhousanu
shares were borrowed from Fisk and Could ana WIN
them the Church party gained the ascendency To meet
this difficulty the Ramsey party issued $1,000 more shares
upon which they voted and this the condition OF Things
which the defense claim warranted the orders OF BaIharu
THE IAusEYoHURCH TROUBLES.
VIM l. NJ Phelps, treasurer and secretary OF the Com.
many wac next ON the stand He explained that he had
not brought the subscrpuon-boOks which he was sub
penaed 10 produce because he was suOpenaed al 100
late an hour evening to procure them 1t Will be
remembered that Mr. Beach said yesterday after attach
mens had asked for against all his Witnesses that
they including Mr. Phelps had already been suopenaed,
yet Mr. Phelps he did not get notice ti late ast
evening No sooner the defendants counsel asked
about Ramsays actions in the directory thah
the former ohjection was renewed. Judge Grover
end bluntly that 1t now evident to
all that the Iamsey Church difficulties
were TO be gone in detail with view to finding out
which party was the wrong, and he for one would not
consent by his vote TO DO when the only question
properly before the Court whether Barnard was
Justified In making his orders by the papers presented IN
the interest OF the Church party The last decision OF
the Court in direct opposition TO the previous de-
con excluding evidence Of Fsks ownership Of stock in
the Union Pacific Railroad Company He called atten-
ton 10 the fact that Court allowed this evidence
in every Judge the State would be liable hereafter TO
removal II papers found TO he false which orders
are granted. 1t would be an exceedingly dangerous
precedent 10 establish.
Senator Murphy repeated in substance his previous
opinion holding that in rebua the defense should be
allowed TO show that there corrupt motive acu-
atng Fisk and Gould in applying for orders. After
further discussion the vote was taken and the OBJ
lection susained-17 to H. Judge Peckbam declined
10 vote as he had made orders in the
Mr.. BEACH's REJECTED ADDRESSES.
The next proposition q Mr.. Beach 10 prove that
The books Of the Company hidden in graveyard
prevent their getting into the hands OF the directors
Senator d. r. Wood asked whether there any ale
cation IN the papers this fact which Mr.. Beach
piled in the negative although lie interrupted himself TO
say there general allegation Of couceament
Mr. sticSney objected, again evncng his willingness,
however. permit the evidence If the prosecution were
allowed 10 produce rebutting evidence. This remark
decided the case, the Court, -disposed TO enter
upon an intcrminabe controversy sustained the oDec-
Mr. Beach proposed next show that $4,000 was voted
10 Ramsey ~ 1850 without any Just consideration The
TeOeness Of this question apparent that the o.
Jocton OF Mr. suekney was quickly sustained by vote
20 to IS Mr. Beach then said, sarcasticay that he
hardly thought he would espass any longer on tne time
OF the io1lt anu f sh VINES tney All ne
had stated from personal knowledge, 10 which witness
John H. Conner formerly Flsk's private secretary was
Seu SiS 10 Nf b cue v Tss M t osneI
being Fisk did hand the money personally TO
Barnard and tell him that he must repay Inn IL orders
John r. Fellows, Assistant District Attorney OF New
YORK, testified in reference to his obtaining an njunc
ton from Barnard the interest OF J.. X. Stenhart
which Seinhart said be could not get through the in
efficiency Of other counsel Fellows said that he had
particular intimacy with barnard but had met him
often at Dennonico's, j. Mob Dav1dsOns and many
Mr. stckney discovered. after some angling that he
stated things outside Of the papers IN obtaining the i'll
junction.
MORE ABOUT THE RAMSAY. CHURCH BUSINESS.
Walter Churche codrector in the Albany and susque
hanna Railroad Company, with Herrick talked vOluDly
about the trouble between him and Ramsey, and had
great deal say about the rOughs who present
election day in the Ramsey interest speaking especially
OF John W. Vanvalkeuburgh the Superintendent. whom
be boldly declared 10 be be "disrepuable character"
Those familiar with the case VIII doubt believe
intense satisfaction In the beginning Of the testimony
Mr.. stickney objected 20 such general statements
they within the previous rulings Of the Court and
the objection sustained ChieJustice Church voted
in favor Of sustaining the objection on the ground that
the Court determined there had been no sufficient evil
dence of conspiracy established against the accused and
seemed 20 him, therefore, that the evidence was
entirely tmmaterlaL As Tor the respondent,
stated In the papers 10 be assumed 20 be
true aud he aeted rightly that enued tne Wnoe cues
ton The Court had received evidence on the part OF the
prosecution the direct effect OF the orders OF Judge
Barnard be understood senator Murphy 70 insist that
that was incompetent because u Was OF no consequence
what the effects were, II the party was entitled 10 the
was perfectly nght Ia case where party as
matter OF absolute right or law Claimed a
was Of Importance, and Judge would
have right consider the consequences but many Of
case the consequences OF his orders necessary
subjects for him 10 take into consideration III deternin
tend 10 rebut evidence of conspiracy. the allegations
contained ia the papers were Justification OF Barnards
20 far as the legality Of BarnaTds orders concerned
the quo tion Of conspiracy OF corrupt comb