The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-07-30
BARNARD'S Bette MORE.
CONTINUED FROM EIGHTH PAGE.

Dun, the receiver.
when 1t transpired that a portion oil the records
had been missing ever since they were produced
Manager L. B; Prince was then sworn. He was
Chairman Of the Judiciary Committee OF the AS
semby; the committee met in Fifth avenue, New
York, and large quantities OF original papers were
there produced from the County Clerks office; there
were bushels Of them; some were brought there
under my charge, and some were not; some were
copied and printed; this was done under my super
returned We're W. not returned
until received note Informing me that such was
the lact down to that time aad endeavSrea 70
Gross Examined by Mr. Beach-The members OF
the committeewnine In number-were present;
there were counsel present examining witnesses;
Judge Barnard appeared by counsel ana personally
to the County Clerks ofIce to be copied cannot
specify any papers which are missing am unable
to say whether there were any original letters con-
The LEASING OF THE OLYMPIC THEATRE
without refreshing my memory by looking az the
: To Mr.. Parsons (who showed the printed record
lection there were original letters presented ten
dering offers to rent the premises; those letters
Present The other day when the witness Herzcss
testified that George .. Hall had died since his ex
The act he was 's Judge Barnard Is
present In person, and also by counsel; Halls esti
fnony was taken By stenosrapher and it Is here
TO Mr.. Beach, do not know from my personal
knowledge that the letters alluded to were original;
none OF this testimony was taken in the absence OF
the committee. Witness then explained how the
he wa F s s wss
mp, with perhaps short intervals. '<''@
Mr.. Parsons claimed the right now to introduce
copies OF the papers as he had shown that he could
the papers produced before ore the ." Committee were
originals, nor was 1t sufficiently proved that they
are lost. The Chair put the question to the Court
and the objection was overruled.
Rerts to the erect that fair rental OF the olympic
%'sss: ;ssS
e. s sa made Of June May So ca s s 9 s jim
notified Hackett, counsel for Duff, that would lay
the S received before Judge
and II was not until the 2Sth OF August that found
TnE DECISION FILED.
found the original motion papers filed with the
decision those papers were produced before the
Counsel read several propositions to pay $25, 900,
and other sums nearly as much, per anilum for the
lease OF the Olympic Theatre. Witness-There was
Ua s SO p by sa
20 pay sums about equal, directing DuG, receiver.
counsel also read the opinion OF Judge Barnard
h decision sens months s
Aard, wtpess c6ntradicted several statements
contained u Judge garnard's opinion, as
a Ss Judge ssFi aRs SFs s aSt SPEAKING mn q
some Of the papers, that II they were not before
as9S ss ssERp Sa hsS ey a g R
M1a4a s Ess5R9PPRR ade Peep Hess offered seed
To Mr. Beach-The result OF the appeal was
REVERSAL OF JUDGE gARNARD's DECISION;
dee aee cr ea CSa an
barnard, Cardozo and Ingraham, and tnat Court
decided the case not appealable, leaving Judge Bar.
thara vua Nh Mfvrl fv
Ta a ga s HSpssss he as
Enveriaed and unobligatory until the leases were
Counsel showed witness the papers to identify
s snem' and ne held the papers, reading them for
Nj. Beach, think you have examined that paper
long enough to answer.
Witness cannot exactly answer yet.
W ~; HeaonMWii you give me back that paper
NJ Withdraw SsWet the sne eGession
Withess- Then you can have the paper.
To MI. Parsons-Judge Barnard never intimated
to me that any OF these offers were not genuine;
after the Court left Barnard's decision standing
%sn e the new Court & and they de-
General Term again, and that Court reversed Judge
Barnards decision; the case was In hand some two
HUMpTY DuMpTY's MANAGER
John a. DUFF, sworn and testfled-Became &C.
quainted with Judge Barnard in 1855; became con-
nected with the Olympic Theatre in 1868, and have
there after the theatre was leased to Hays; he is
my son-in-aw; first leased 1t to him in 1867 there
to Seesms With N
Z. Hackett In 1868; don't think ever saw him and
ends not Been asy
sci In any other case. l.
10 Mr.. Beach-Hackett was counsel in case
WITH 1Ss y hs sSu any
money on the theatre witness explained that the
tneatre nad been run down under g man named
onered in fact, the only one was BY Barney VIII VII
tiamsi that the Court had decided that Hays
snond have the lease the theatre had since, on
Martin l. Townsend called and sworn-Acted as
Golnse; y the case Of stenhart VS.. Funk before
Judge Barnard in Chambers; presented papers
asking an Injunction against selling the fxtdres,
SC, OF Irving Hall; when had stated part Of the
would not grant the injunction he said, If any one
came to take possession Of my property to
] told him my client was ruined, and he said,
.'Then caD In the poice;'' urged that It was
proper case and stated facts, but he declined to
Issue the injunction; waited a while and then
again applied, bnt he only told to Kick any one
out who came; then went out and delivered the
papers to Stelnhart; next morning, on arriving at
the office, found the papers, with the injunction
Crossexan1ined by Mr.. Beach-Judge Barnard
Gld not read the papers when ! presented them.
Witpess repeated the circumstances Of the case.
Ad0lph Lcvenger partner Of the last witness,
was sworn, and repeated his testimony.
: Francis N. Bangs was called and sworn-was
COulScl vf tno nHWduhce dnu 81. raul hullfOa0
Company In the case OF A. 8. Bright against that
company: Witness stated the case, which con-
sisted OF two parte orders Of injunction Issued by
Judge Barnard against the company, also an order
AppJ JaMss NJ. swErNY xASAefR AND FrdRtyrn
OF the road and effects OF the road; the complaint
was made by Ira Shafer of the hrm OF Shafer &
coleman; don't know that he is the one made re.
ccver In the Erie cases; the company had no notice
or the motion; caused search for the undertake
lngs in the two orders, but could find Oniy one
which was In the sum OF 1850
The Court then adjourned till ten O'Clock A. NJ.
tomorrow.
THIEVES AT A PRIVATE BATHING ESTAB-