New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-03-21
THE CORRUPT JUDO rs.

RJ1NOUS EFFECTS OF JUDICIAL MISDEEDS.
CONTINUATION OF THE JUDICIARY INvEsTIGA
TION-THE ALBANY AND sUSQUEHANNA
SUITS AGAIN--fURTIIER TESTIMONY RELA-
TIVE TO THE DEPRECIATION OF AMERICAN
STOCKS BY THE CORRUPT JUDICIARY-BAR-
NARD'S vULGARIfY.
TO corrOborate the testimony of George
Opdyke on Tuesday relative the lack Of confidence at
home and abroad in stocks within the controlling inu
of members O: the NewYork judiciary, tho prose
cutting counsel called 10 tho stand yesterday several
prominent merchants bankers and dealers In securities
The for the prosecution IL expected will be con-
cluded to-day and the Committee thus enable to to
Albany on Saturday.
John Taylor Johnston Secretary Of the NowYork Via
duct Railroad Company, and President OF the New
Jersey Central Railroad Company. testified that he
familiar with both homo and foreign stocks, having had
experience OF many years he thought the desperate
expedents TO which certain Of tine NewYOrk Judges re-
sorted, and their in such that OF the
Albany and susquchanna Railroad. had indsputaby
had known instances in which public con
ddence in certain stocks had been destroyed
By the fact that they subject to the rulings Of the
Judiciary of this State and considered that two Judges
the City OF NewYorE accountable for the insecure
feeling which prevails he further stated that there
urgent need for the passage OF law restricting
Judges in the appointment Of receivers and also reqr
ing that the parties affected have opportunity to protect
themselves witness thought that If the Judges were
honest the laws, they at present stand. could be
rghtuly administered but that they would still be dan
Gerous, the proceedings taken in most cases being
pdre and the Judges therefore liable 10 decide I'M
justly III regard to the appointment OF receivers.
william A. Booth corrohorated much OF Mr.. John,
stons testimony and explained the disastrous want OF
confidence which experienced owing To the nlscon-
duct of the Supreme Court Justices and to the conse
quent instability of many deserving enterprises.
william F. Havemeyer testified that he had had an ex
tended experience among the mercantile community
and in the MARKET the acts OF the judiciary during
several years past had to considerable extent para
lyZed American securities, and deprecated them III the
ewes OF European negOtiatOrs.
several witnesses were then examined IN relation to
the Albany and Susquehanna suits. David a. Grosbeck
testified that he stockoder in that Company tat
in 1862 at the time Barnard issued the Injunction no
owned $40 shares and that while walking ~ tne streets
Of York he was une xpecedly Intercepted by OF
the receivers appointed by Barnard aud deputy sheriff
who there and then in spite of circumstances. conhs
Gated the 900 shares which witness happened to have
with him. -
hanna Railroad testified in detail as To the seizure OF the
road by James Fisk jr the circumstances which at
ignored thcreupon arrested at the instance
OF Barnard and committed to Jail This witnesses evi-
dence was in corroboraon OF that previously gwen con
EXJudgc William Fullerton who was called by Judge
Barnard was Intercepted his disposition Of tho
$4,000 alleged by Horace +. Clark Presdent OF thc
on behalf of the directors OF the Union Pacific Com
pany for the settlement VI the suit instituted III 1903 ny
James Fisk. jr. Witness stated that the entire amount
had been paid 10 Fisk 20 protect the Company from him.
and that Barnard had received no part OF H. nor mad
william Hill Of the firm OF Devn. Miller & Trow. tcs-
tilted to the ilcgay of an Injunction issued by Barnard
nsrd having been a member OF the Society.
Royal Phelps and John A. Kennedy, president OF the
Bank Commerce. questioned the points tesii
fled to by William +. Hayermeyer and others. Both wit
declared that the notorious character OF the judi
| cary made II terror to merchants and brokers.
George f. Miles, law reporter of THE TRIBUNE, testi'
fed in reference to the undlgnaei ana INDIGENOUS
actions and remarks OF Judge Barnard while on tho
Bench. adducng the following among the numerous in
stances daily occurring in his court, which was place
where any body could 60 at time and be amused as
| application he charged the moving party $40 costs.
because he sa1d they hSd not proceeded , IN
pay for their mistakes Oh. don't get any OF it, though
believe that is put down against in the articles Of
impeachment" [LauGhter.l ON the same day in the
of Vaddy agt Egan Tor debt, he said he knew the
defendant he goodnatnred gambler, and they d
faro he P@
other justices held that %as not IL Es s
him out he said he should reduce his ball. II 5000 Justices
plaintiff IA security. He BARNARD knew good many
men In NcwYOrk who would give their note for a mil
Feb 49, While Mr. Miller of Miller Peet Opdyke, was
submitting paper to be signed Judge Barnard paused,
the firm OF Miller Soutenburgh Peckhan the latter gen
eman being M Erpm"fnt memGSG OF the B ES1
don't belong to that firm. theni 1t is lsneeringl
fine firm, is MT il !" Judge Barnard told another law
sickness No, you have got 10 come up TO the bu-ring
this tne Old fellow" In another Barnard told
! ing to hear him again. He had been III thore
eight times already this same thing "all for
"a miserable judgment debtor" The lawyer said he had
only been there twice Barnard after giving him the lie
by saying that he stated things with singular nnxact
ness and he would use palmer language II he was of the
bench turned TO OF the court officers and asked him
to substantate his statement. The official could not
he had seen the lawyer there more than times.
| On February 20, Barnard opened his Court with
| the remark that the article in The n. y Times OF
that morning charging him with having said from the
bench that he had 100000 III bank to bride the Judi
clary Committee with, lie; the that wrote 10
was liar, and in my opinion 1t written by OF
| the most Infamous lawyers in New-YOrk CITY" In
another instance, where counsel wished case put on
until certain day Judge Barnard told him 1t would
be necessary to discuss the question. Mr. Barnard.
himself IL engaged on that day" In the judiciary In
| yestigatiOn On another occasion, when the court
room hlled with lawyers who noisy, he called
ont wish those gentlemen who have business here
would 90 out. don't believe but what some OF them
came here to get a watch or two. Watches lost
here every day" Again. in divorce suit. where amony
WAS claimed. and opposed on the ground Of poverty.
Judge Barnard told the counsel for the Wife, III lie can't
pay it, you take IL out of his hide them At another
time Barnard told lawyer, who pleasantly advised him
lin open COURT not to invest his money in certain
house, which he he lawyer WAS opposed u counsel.
No have got my money invested ia the bank for the
Judiciary COMMITTEE" Laughter
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| JAPANESE HOMEwARD BOUND.
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