New-York tribune., 1872-07-30

OVERWHELMING NATURE OF THE EVIDENCE
THE UNION PACIFIC LITIGATION AGAIN-A
THIRD SMALL VICTORY FOR THE DEFENSE
BARNARD'S OLYMPIC THEATER ORDER
MORE MISSING PROOF-THE STEINHART
lBY TELEGRAPH TO THE TRIBUSEl
SARATOGA, July 29.-The proceedings to-day
in Barnards trial have brought forward the usual guam
tty Of proof 1t is exceedingly unfortunate that the
managers are compelled, account Of the absence Of
careless witnesses 70 skip about among the articles Of
impeachment without reference TO order and without
the possibility of assocatng evidence pertaining to the
same subject. The misfortune, however, is simple
matter OF annoyance for evidence like that already n
unshaken as yet by the rigid cross-examnation which
through DO fault Of Mr.. Beach chds play, needs
bostering and the addition # is practically
CARDS the result very much like throwing the gun after
the bullet
Mr.. Parsons resumed his examination OF Cornelius
Bushnell this morning. The story of the fight between
Fisk and the Union Pacific Railroad Company was
brought out distinctly the talents Of both counsel
permitted The litigation and its disastrous effect upon
the Company, finally driving it from the State, and
causing loss Of millions commented upon yester-
day at some length and will bear only passing au-
SION to-day important because relating the third vic
tory on minor points for the defense. The issue
arose upon the admissibility OF the conversation
between Fisk and Bushnell, in which the former
threatened to crush the Company unless they complied
with his blackmalng demand for $4,000. Ofcourse the
point Of the objection was that Barnard present
and had been shown that it had come TO his knOw
edge MI Parsons restedhs argument in reply upon the
point that Fsks predictions of future action by the
courts In his favor universally realized and were
fulfilled almost without exception through George G. Bar
nard, who was his familiar spirit The Leuenant-GOv-
inclined to admit the evidence on the obvious
ground that conspiracy had already been shown but
readily granted appeal Of Mr. Beach for the action of
ffrac nfQdi in Nv
-l6toll. This decision important gain for the de-
fense far future testimony is concerned and should
be underestmated, but effect the result OF
the evidence already in and that is convincing
allow doubt Of the alleged intimacy and conspiracy.
Article XIV was next considered and from the tes-
timOny Of Benjamin Thayer counsel for the plaintiff
in the suit Of Jesse BOlles agt John A. Duff the we'll
known manager Of the Olympic Theater il was shown
that Duff receiver of the theaer property applied 10
his friend Judge Barnard for to lease the property
to James L. Hayes his sOninaw liked rent 1t was
Of course, the duty Of the receiver lease it at as
advantageous price as possible, but Hayes offers
$4,000 year for three years. and Barnard grants his
friend Duff an order the sd OF August 1865 allowing
him 10 accept rent and this in face Of offers TO take
the theater at S2CO0 per year. $4,000 than Hayess
price The injustice 10 the creditors, some Of whom
we're infant children is readily SEEN and the "proec
ton of the court" which minors declared to be
entitled to- becomes concerning Barnard, express
4
ing 10 note that Duff represented by A. J. Wander
poel and A. Oakley Hall. During the examination OF
Tbayer certain papers and documents required by
the defense 70 be read and Plum, the Deputy County
Clerk was called 10 produce them. Singular say, he
did not have them, and like Beamish yesterday, he
stated that he took them before the Judiciary Committee
and they had been missing ever since.
LB Prince the Chairman Of the judiciary Commit
fee last Winter, was promptly called by Mr. Parsons,
and stated positively that he took special care of all the
documents IN the Committees possession and never
knew Of any books missing until be received note from
tho Comfy Clerk informing him that some were gone.
Mr. Beach cross-examned Mr.. Prince with attempted
severity hut the latter unlike the 1ory OF lawyers,
Vbo n said with considerable truth, sare about the
worst witnesses the are, had the WISDOM 10 answer
every ouesfi0u with scTupulOus eXacuesS ana DcNlY
TY,e Sefense would not admit the authenticity Of the
coined documents III the Assembly document ana heli
fehaciougly 70 the exact proof. TIE ConIt dtcldcd
against them by vote Of lG To II, ana mayer was
allowed "a proceed. ~ , a., at
Nsrt,n 7 Tnwpsend and Adoph Levngcr then test-
fed I'M relation the suits Of stcnart agt Fhnk men
tioned in Article xxx Iu which Townsend applied TO
Barnard for an order OF injunction RESTRAINING ihC iVIS
closure OF Chatte mortgage upon certain gooua WHICH
had been Burclased good alt " nclnhafi tht mort
rage not being on tie. Barnard refused gru1y, ana
tod Nj Townsend Il the man came IeIe 10 IoIccloss
fhe mortgage 10 KICK him out. Nj. TOWNSEND waited
uut Barnard got through with the Iush vi nuhlness W
Court at tLe time, and again NehuItu u APPROACH Rug
gesung that his client was imid man, and would not
Ike 10 take such iOrcblc means on pONcuhs htnsc.
Barnard broke out mpautBty There's 40 uso Of your
talking you stayed here AL night You "ouid gov