The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-07-28
PROCEEDINGS OF THE COURT.

The Court of Impeachment met at ten O'Clock A..
NJ. Thomas G.. Sherwood resumed the witness
stand, and his examination concerning the pro-
ceedngs in the matter of electing directors of the
New York Pier and Warehouse Company was con-
tinued. The witness said he was arrested on an
order issued by Judge Barnard "of arrest without
BAIL, and put in Ludlow Street Jail; there had
been no order served upon him previous to his ar
rest to show cause why he should not be punished
for contempt witness said he was brought into
court before Judge Barnard; Lane said there was
no doubt Of contempt on my part and he would
leave the punishment TO the Court; Judge Barnard
asked in whose name the stock stood, and said in
the name OF Daniel Packer; Lane said he was not
aware Of that; told him that he was aware oil it
Judge Barnard then said If such was the case the
matter would drop Lane insisted that was still
in contempt. but Judge Barnard said no, that there
was no cause, and the proceedings were founded
in error. lie then discharged me.
Counsel then read the order OF discharge which,
however, imposed upon him ten dollars costs.
Witness was asked for whom Lane voted in the
answered he voted for Fisk, Could Lane, Mortimer,
Smith and others; Frederick A. Lane was one OF
the Erie Directors.
s-examined by Mr.. Beach, was elected in
spector few minutes after noon on the day of
election for directors OF the warehouse company:
Lane appeared and presented proxies for Hamil.
ton and Packer; we received
THE VOTE ON THE PACKER PROXY
with the UNDERSTANDING tnat IL was TO be COnSid-
ered We received 1t under an order OF the Court;
we subsequently, in violation of the order OF the
Court, rejected the vote; we made no application
to vacate that order; the next order was 10 make
returns of the vote; we made report; we did not
report the vote of Lane as a proxy the next order
was appointing receiver; we did not hand over
the books; the next order was an attachment for
contempt; did not make any application to Judge
Barnard to modify his order; made no such applica-
made aware Of the fact that the stock was regis
tered In the name OF Packer; when he was made
aware OF that fact he at once stopped proceedings
and released me: had
SETTLEMENT WITH LANE;
concerning this matter: was paid $4,000 IL was
paid to me on account of my imprisonment: made
an apology to the Judge when was brought before
nim now call IL an explanation; in the ordinary
sense OF the expression, made an apology The
witness. In answer to an inquiry by Mr.. Stickney,
OF counsel for the prosecution, stated that he had
not time 10 make application TO Judge Barnard To
modify his first order; he looked Tor him but could
re- MIR. beach, searched for him in Chambers:
do not recolect Of looking for him in any room
other than the one In which he held Chambers.
Richard G. Beamish Clerk in Chambers of the
Supreme Court of the city of New York, was sworn.
Witness was asked If he had Judge Barnards
minutes for August, 1869, and answered that he
had not seen them since they were In the posses
sion of the Judiciary Committee at the Filth Avenue
Hotel; neither had ne the minutes or Judges In
graham and Clefke.
Manager Niles, who was member of the Judi.
ciary Committee, said the books were never taken
Mr.. Beach, left the books some fifteen in
nnmber) In the Committee Room.
The witness was allowed to leave the stand for
the present
Counsel proposed TO offer in evidence the tele.
grams in the SusQuehanna case.
Mr. Beach said his client desired to be present
when they were offered; and as his health pre-
cluded his presence he asked a postponement OF
the matter which was agreed to. Charles Tracy
was called and sworn In the matter OF James Fisk,
Jr., against the Union Pacific Railroad Company
asking an injunction against the election of direct
ors. lie said-I was counsel on the part OF the
Union Pacific Railroad Company; suit was CON-
menccd July 2 1861 the defendants first proceed
ing was application to remove the cause to the
United States Circuit Court; proceedings sufficient
TO keep the matter alive on this application had
been adjourned from time to time;
MOTION REMOVE THE CAUSE
was made before Judge Barnard on the 18th OF De-