The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-19
The Charge Of FavOritism Against Judge Bar
determination Of James Il.
Coleman and Tom Fields.
The Argument of Counsel on the
Legality Of Charges.
The Sub COMMITTEE on the Regis.
ter's Office.

increasing In strength as the examination OF the
charges against Judge Barnard being brought to
close. Yesterday morning. ut ten O'Clock. Messrs
Prince Miles, Tllden, Flammer and Strahan were
ready to proceed with business, but as the counsel
for the Bar Association and the witnesses did not
put In an appearance the examination was not
commenced until half-past eleven.
The first witness called was James II. Coleman,
who was examined to some length in regard 10 the
different orders that ne had been given by Judge
Barnard referee and receiver. The object OF his
examination was TO furnish evidence In support OF
the eighth charge, which alleges that Judge Barnard
displayed unjust favoritism In the granting OF SUCH
| orders. MIR. Coleman produced his check books
and bank book for the past five years.
and also his register showing the orders
| OF receiver and referee that he had received from
Judge Barnard IN the past three years. They
| amounted In all to AL as shown by the statement
OF the County Clerk The witness then stated that
many OF these orders were merely formal, as the
fees amounted to sums varying from six to fifteen
dollars, and IN most TWO orders OF reference
we re made and fled-One 10 compute the amount
due on
BOND AND MORTGAGE,
and the other sell on foreclosure. He then stated
that thus he had In reality only received nalf the
Der shown In the statement OF the County Clerk,
for in many instances after the entry Of the order OF
reference the ma tier had been arranged by private
agreement, ana he was not referred to at all.
O. What Is the gross amount Of ices that you have
received nce January l, 1859, up TO the present
II me- account oil ali references and receivershlps
and all proceedings which came to your hands
tn rough the interest Of Judge Barnardi A. To tho
best or my Judgment after close examination OF the
re gster and due conversation with those employed
my Office who have this business In charge, ind
That the amo unit would not exceed $4,000 In gross
O. Have you ever either directly or Indirectly,
ha paid to Judge Barnard, or to any one on his
received by you on account of sucn references A.
No. have never had paid or gwen either directly
or indirectly, to Judge Barnard, any sum or portion
OF the moneys wnich received as fees IN orders as
referee or receiver.
win Judge barnard A. The ONLY pecuaiary transac-
ton have mad with Judge Barnard has been the
vanced 10 me assist NE In carrying on my real
estate transactions, and l am at the present mo
OF $4,000 which the judge advanced to me to save
foreclosure on some real estate In my possession.
ton to Induce YOU TSi to ase Your Ri naencs with JUICE
Barnard to obtain favorable decision IN cases that
lave d ee yo ever been emoSeS as attorney or
counsel In cases that came up before Judge BarnardY
pied 10 and 1 invanao,y dechned; 10 some lew
instances where orders had been lett at my Oiice
by attorney, have asked TIE Judge 60 sign them,
but have personally interest IN the hteations at
| issue ana In many Instances the attorneys were
Mr.. Coleman. before leaving, requested that the
counsel Tor the Bar Association and Inc members Of
| TIE judiciary COHlullItce WOutu SuDJeCL HIS Dunk
books and register closest scrutiny as he mad
| brought them forward for that purpose.
Judge barnard, through ms counsel, then handed
list or the referees and he had appointed
since January 1869. up 70 the present tme which
clpa legal firms IN the city had been appointed to
either one or the other.
on the staad. Mr.. Fields asked question in
relation TO the passage OF certain code Of amend-
by the Governor. Mr. Fields declined to answer
any question in regard to any acS or anything done
by hin az member oil the Legislature VI 1871, on
the ground that this commission mad no Jurisdic-
THE FURTHER GROUND
that what he ala was done under The direction or
the House OF Assembly oil 1871. and unless the COM
mlttee had q right 10 Investigate the acts OF that
House they mad no right TO Investigate the OF
member OF the same.
Mr.. Fields In the position he took.
Mr.. FIELDS then informed the counsel for the Bar
cldc charges or specification OF a charge upon
which they desired 10 tax hs testimony he had not
the slightest objection to answer any questions re-
Mr.. Fields was then asked If during the session OF
1871 he had received any drafts OF proposed Amend
mems to a code winch were IN the handwriting
OF one OF the Justices OF the supreme Court OF the
the best OF his knowledge nc mad mol and stated
that amendments 10 CODES came from different sec.
session They were referred 10 the judiciary Con-
nittee OF either House, ana when near The
oughly dgested by the Commissioners OF each
House and bill ehibOdying those amendments
WHICH were IaVOraDly passed upon was passed
enher with or without amendments IN the form OF a
Dll which took the usual course OF Ul5 pass
Ing 'roasn me heEsatGe. Inns course was not
Fields was then asked II h. had any
PECUNIARY TRANSACTIONS
with Judge Barnard The witness replied that biz
pecuuiary transactions with judge barnard were
confined 10 the borrowing or oanlng OF moneys
rom said Judge IN amounts varying from $40 10
500, and his repayment OF tle same, with one ex.
ception. Tnat IN october, ISL, he had a note Of
$4,000 come due and, not having sufficient funds to
meet toe same, ne mentioned tho mater 10 Judge
Barnard, VINO prollered him some assistance
as Judge OF the Supreme Court to the
shoe and Leather Bank, who discounted his per.
sonal note on the above security, and with the
funds thus raised Judge Barnard advanced $4,000 to
witness, which enabled hun 10 meet his note; since
that lime witness said thai rapidly as he Obtained
the money IL was applied to the liquidation OF this
debt and at the present time he was stu 81, 500 u
the debt OF Judge Barnard.
Mr. y I II. Ward, JE, Wall street lawyer, was then
called and questioned by Mr. Parsons in reference
TO case OF Myers against the Garrison Mining
Company. Mr. Ward Stated mat he nad nothing
10 complain oil In the matter, as ais clients were
perfectly satisfied with the action taken ~ Judge
The committee then adjourned until six O'Clock
~. NJ, When they held an open session, ana gave
nearing TO United States Commissioner davenport,
VINO maze long argument IN favor oi the new res
istration bil! FOR the CITY OF New fork, which
by oo DION 0'G R.h awkins Mr. baSen,
port aOs pSSe very Dy "a me aySr ii s
TO the respective merits Of each clause. IL IS very
prevent n possible illegal registration, ana bro.
yides some very intricate measures 10 further fnat
obJect rne committee have taken the bil under
consideration.
AZ nali.pasi seven O'Clock the committee resumed
their Investigations OF the CHARGES against judge
Barnard. As there were Witnesses TO DC ex-
ahmed they gave their attention TO the hearing OF
Jae gument5 IN reference 10 the LEGALITY oil their
nearing evidence on charges preferred against
ludge barnard Tor acts ALLEGED TO have
Jeeu committed by nun In 1861 and 1865
PRIOR to his taxing the oath OF ONCE for his
resent term. Mr. George Tlcknor curtis, asso-
laie counsel Tor Judge Barnard, commenced with
Us argument against the admission OF such eyI
ence. Mr.. Curtis occuDed the attention of inc
ommlttco for about thres-quarters Of an hour dur.
lg which Tune he clted % NUMBER OF