The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-07-25
The Evidence for the Prosecution in
the Erie Business Closed.
Coarse and Ungenteel Language on
the Bench.
Revelations Concerning BarnardS JubilatiOn
Over His Enemies Defeat.
Norman B. Eaton and the Eric Railroad Gang
Court Reporter on the Stand.

! SARATOGA, N T. July, "a, 1872
| On the opening Of the Court this morning Will
liam H. Morgan was recalled and examined by Mr.
Parsons, of counsel for the prosecution He did
not recollect that any one accompanied him to
Judge Barnards house when he obtained the order
appointing Coleman receiver; Judge Fithian ac
companied him to Fisk's office and Fisk swore to
the papers; ~ am almost positive that Judge Bar
nard was holding court at chambers when
l went to him; read the complaint
to him; can't say whether l read the
whole; l don't know whether I stated that
the stock asked for was the English stock; can't
now say whether read that part of the complaint;
he read the order In which the names of Heath and
Raphael occur; don't think the complaint stated
that with the exception OF 900 shares the plaintiff
did not claim to own the stock; don't think there
was any injunction restraining the transfer of that
stock; think 1t had been dissolved; Judge Bar
nard told me he would not issue any more orders
OF that kind; speaking or the Nyce suit, he wanted
| TO know If this was another such suit; don't
know that Judge Barnard knew Fisk con-
nected with the case; don't know that told
him OF il; il l read the complaint I did;
went to Judge Barnard's house one other time to
get an order in case in which Fisk was Interested;
had been frequently to Judge Barnard for orders in
cases in which Fisk was interested, at the City
Hall; don't recoect getting orders from Judge
at his own house; may have done so, but have no
recollection OF it; have seen Judge Barnard four or
five times at the Erie Railroad Office; saw him IN
company with Fisk and others; never obtained an
order from Judge Barnard at the Erie Railroad
Office; have seen
JUDGE BARNARD AT THE OPERA HOUSE
once or twice; can't say that he was in company
with Fisk; think never saw Judge Barnard with
Fisk at the Erie Railroad Office when it on the
81 Daa ctrant mat with flann
together in my life; never took part in their con-
versation when they were together; did not obtain
with Judges Fullerton and yanderpoel, who Oh.
tanned 1t; when they got it don't remember the
fe%rSaS q to the rsSGy 81 ne Ss Bs
nard retained the papers from February Is
TN s United States the oous4 s Wnsss
was shown the order, and said If the order was
issued on March Q, as he saw It was so dated, he
S him sa oae fs mic
name for receiver. Witness was shown
Coleman as receiver to a Charles Robn
son. and said that he Thought it was the hand
this change was made in the order giving leave to
sue In the case Of FISK and Others vs.: Heath and
have been written by Judge Barnard This paper
The order appointing Coleman receiver was
shown witness, and lie was asked who made the
change in the same He said it was all in his writ
ing, and he made the changes. He said it was q
rough draft and he had no time to make q copy;
he could not tell who made the changes in the date
at the bottom; he could not tell whether it
! was his writing or Judge Barnards think Judge
Barnard signed the order when Judges Fullerton
and yanderpoel We're there, and then took the
know whether he changed the date from February
81 to March 8; when
saw him in the dining ROOM did not notice the
furniture. Witness was called upon to describe the
that 1t was similar to Judge Barnards furniture.
Cross-examined by Mr. Beach--Don't know that
walnut wa that color is the commonest color used in
New York had nothing to do with the Nyce case (;
being connected Or associated with Nyce in that
case; knew OF oil the Erie cases and was engaged
Raroad e COMPANY beng at ane connected with that
suit, nor OF any one connected with the Erie Com
pany; in the first Erie suit was counsel; Judges
me- they examined the complaint ! drew mp; we
worked don, on it together; we deemed GENE It proper
him, became acquainted with the suit by reading
the papers.
case; the propositions and agreements for settle
ment; there were two suits commenced by Fisk in
the Heath and Raphael matter, and in the second
Robinson was appointed receiver; before this
second suit was commenced counsel determined to
poel were present when tho application was made
to Judge Barnard; the reason for changing the
| receivership from Coleman to Robinson was that
Coleman refused to act as receiver.
FIFTY THOUSAND DOLLAR Fee
TO Mr. Parsons-Did not hear Southmayd rcpud
ate settlement as proposed heard 1t said that
| Thompson represented Evarts, and heard South
mayd say that Thompson represented Erie and
counsel of Heath and Raphael in this settlements
think this is to be found In the papers.
Witness was again crOss-cxamined by Mr.. Beach.
when he stated further proceedings in the case.
Charles Robinson, who was appointed receiver in
He said he was enSaaed In the stocK ward
business, which brought him to the Erie Railway
Office daily; he had seen Barnard there; had
known him from boyhOOd; he was informed by Jay
! Gould tnat he was to be appointed receiver IN
place OF Coleman; was not told by him tnat Bar
nard was to appoint him; did not see Barnard on
the subject; don't hnow as told Barnard of what
Could told me; borrowed $4,000 Of Could and paid
me; handed II to Barnard; have seen the Eric
! halfway OFFICES frequently; have often been in
Bainards dining room and can describe the urn,
that furniture since Then, or since is0 don't know
WHO made the furniture; cannot say whether 1t
| is black walnut; 1T is net dark enough IL Is COW
| Ell ed with brown leather and has monogram in
git on it; the letters are G. G. b., think.
Witness was shown monogram, aud said 1t
looked ike that on the chairs, but 1t was larger:
he should not think II was struck rom this die; the
general arrangement OF the monogram was tue
| same; have seen chairs In
| TIE ERIE DIRECTORY OFFICE;
| they are covered with the same material; some or
the chairs compare with those OF Judge Barnard's.
CrosseXamncd 10y Mr.. Beach-Was witness
them before that never noticed them particularly
before, bat went TO examine them as a wit
ness, and had also examined thos, In the
Erie once; am farmer; am worth over three
| hundred thousand dollars; was worth that when
appointed receivers have known Barnard since
| boyhood, and Of late years was intimate with him;
| he made application 10 Inc for $4,000; told him |
would let him have 1t; he did not know was going
TO ret 1t rom Gould; i;arnaid has paid that loan;
think lie paid 1t within two or three montls there
was no understanding, direct or otherwise, con-
| Meeting this loan with any judicial decision.
To Mr.. Parsons--I did not tell Judge Barnard |
| would get the money from Jay Gould 1t might have
been one or two days after he asked for 1t wsen |
gave 1t to him; will not be certain that gave him
Goud's check; don't know as there was anything
said about Gould when gave the check.
To CHIEF Justice Churcli-Gould did not know the
purpose for which wanted the money.
TO senator Murphy-Havc known Barnard since
boyhood; he often borrowed money OF me AMI al