New-York tribune., 1872-03-20
JUDGE BARNARD'S CASE.
THE MYSTERIES OF RAILROAD LITIGATION.

N.
CONTINUATION OF THE JUDICIARY INvEsrfGA-
TION-DAMAGING EFFECT ON STOCKS AND
SECURITIES OCCAsIOHED BY DIsTRUsr OF
NEW-YORK JUDGES.
The Assembly Judiciary Committee exam
ined. yesterday number of witnesses whose testimony
various points did not present Judge Barnard in
faerng light regards either justice personal dig
nifty portion Of shis evidence tends to prove that the
pursued by Barnard and other udges Of this city
on all occasions where valuable and securities be-
came matters OF litigation before them was such as to
deter moneyed from investing In any securities so
situated as 10 be amenable to their jurisdiction,
and this feeling OF dsrust largely deprecated these &C.
curites abroad Other evidence was adduced showing
Barnards utter disregard for the dignity OF the Judicial
position his apparent readiness 20 grant inunctions
upon dubious grounds and for questionable motives and
his contempt ordinary decency IN his daily style OF
conducting his Court.
william Prince the Chairman, was present yesterday
The Committee concluded to extend its investigation
into the charges against Judge Barnard for the period
prior present of Office. 1t is understood thst
James H. Coleman will be asked for full account oil
his business connections and various operations WIN
Judge Barnard prior to 1862 his evidence given on
Monday related only to the past three years
The first witness yesterday L. Won Hoffman, OF the
firm Of Won Hoffman Co., Bankers, who was examined
with reference to 60OO shares OF Erie Railway stock
which the Erie Office for registry At the time
OF sending these shares he held agent OF certain En-
gish stockholders, 10000 shares representing par
value Of sOOOoO0 These shares the Erie Company re-
fused register litigation followed and Judge Barnard
appointed receiver to take charge Of the stock
Mr. Won Hoffman claimed that the appointment oil the
receiver was secured by undue influences of which Judge
Barnard was fully cognzant The witness narrated the
proceedings taken before the United States Courts 10
the shares mentioned. He was also examined
TO the effect OF the action or the New-fOfk courts
upon American securities ABROAD and said that in his
% I'M tha fu1i
city affected them unavoraby and detraeed from their
value.
Geo. Opdyke testified that he wasa dealer In American
and foreign securities and had dealt largely in that ca
pacty with foreign investors. He asked whether
in his opinion the reputation Of the Judiciary Of New
York had any effect influence foreign Investments
in American securities" replied that he thought it
had, particularly in England, and that this feeling OF
dsu extended TO other portions OF Europe where our
securities we're largely sold or purchased.
Lucien Birdseye. ex-Judge Of the Supreme Court,
testified a. TO Judge Barnards conduct and Language IN
that on that occasion Judge Barnard used vulgar and
uubecomng language He also said that Judge Bar
partook Of eyy and that he freaSsI1ty treated
| Mr. n Millard testified that he was attorney for
man named Nyce, who brought an action against the
Erie Railway Company and procured an injunction from
Judge Barnard prohibiting the transfer OF certain shares
II Is claimed by Others that Nyce tool Of and in
eouson with James Fisk G that this action M rartS WAS
Judge Barnard was priyy to the scheme NJ MiaEd Mn I'd
had never heard Of Nyce until be retained by him,
and that he understood Nyce was lawyer from Penn
Frederick A. Lane. director Of the Erie Road, few
days previous to Nyces calling upon him. he further
wa ns' bee but thar they we're brought to him
already prepared for service and that on application to
Judge Barnard an Injunction was granted WITHOUT any
| objection being interposed ,,,, s.,u
Horace Clark. President Of the Michigan southern
and Lake Shore and Union Pacific Railroads testIned
that lie had large and practical experience Ia railroad
ns5ees sna beh tend Tu 10 ast their values and that
investors at home and abroad have had feeling OF ds
First Judicial District Of this State, or which IN any
Judges in the City Of NewYork AS an instance OF the
extremity 10 which railroad companies are forced ne
though solvent and doing prosperous and ncreasing
business, compelled to remove Its oilees ahd us
| prevent seizure by receiver and the consequent
conascaton of its business ana properly & tbro S
the Union Pacific Road into the receivers hands, ex
Pnsa 19s IT, soency S o He referred
$4,000 which his Company made to William Fullerton,
ana which the Company driven TO make In order 10
ascane from the net that was laid for He did
know where the money went after 1t passed into Mr.
TbarIes Tracy who was counsel FOR the Union Pacific
Road testified az ensn IA b Jndee Barnard in 1893 in
the ca of James Fisk, against the MON fhne iI-
r9aT; T d dr "a Receiver and the breaking open of the
Company safes, although at the tune inc COMPANY "a'
l clearly solvent - ,,,r,,- o.u,, pro,idort ~ .ba
western Union Telegraph Company testlned IN reluon
| In tine Poughkoepsie tele grams. c. :. bushnell, d
director OF the Union Pacific Railroad Company, cor
roboratad substance OF President Clark testimony ne
stated that he had had an extended experience III tnS
-'-o' "nd that the outrageous proceedings OF
the members Of the SeYosk Judiciary nad peen deri-
mental 10 the value OF the American stocks and that the
Company BY Judge Barnard had driven IL from this city
10 Boston Judge Pratt Of Syracuse testified to the bad
reputation Barnard had achieved The committee tAen
| ati vnpIu a., m.
| ARGUMENT on THE POLICE AND CIVIL JUSTICE BILL.
| An omen session OF the Committee held between
the hours OF last evening for the purpose of hear
ing evidence relative the proposed Police and Civil
Justice bill.
John Graham who appeared in opposition 10 the BILL
said IL proposes to have ten justices do the work at
present done by niue. The present salary Is $4,000.
while the bill proposes to make $4,000 per year The
proposed law hypoertieal its face and was based
! on desire 70 effect change rather than reform
The districts by which the Police Justices are elected
CON prehend enough electors to determine whether
the power be transferred the supreme Court Judges
The system Is not wrong unless repuDcan government
| is wrong The second query was whether the Judges
under this system sgrace their trust IL so. could
nor tley bc disposed OFF The office OF Justice OF the
peace was elective and until Constitution Is made
could not be transferred to the gift OF any Two Judges
| or OF the Board Of Electors. 800 -
The passage OF the bill was advocated Dy 1ir Oney'