The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-08-07
DARNARDS IMPEACHMENT.
The Supreme Court Mogul Rises
to Explain.
HE HAS NOT RESIGNED.
Andy Garvey Vehemently De-
clares Himself Innocent.
BARNARD ON THE STAND.
A History Of the Great Injunctionist
by Himself.
What He Knows of Erie, Fisk
and Mansfield.
PatrOalizing Peter Cagger's
PrOtege.
What He Knows of Erie, Fisk
and Mansfield.
PatrONiZing Peter Cagger's
PrOtege.
Never Was a Member Of the
Tammany Society--Never.

commencement, Mr.. Chief Justice, or the proceed
ings here to-day, deem it proper to say, in conse
quence Of two articles which appeared in paper
published In the city and county of New York,
similar In many respects to others which have here
tolore been published, in effect that had resigned
or intended to resign, that they are wholly unjust
uncallcd for and erroneous When / came here to
this Court / came with such witnesses as l could
get prepared to meet any charge that might be
brought against me. was prepared then and am
prepared now to meet any of the consequences of
my acts as Justice Of the Supreme Court, what.
ever they may be-whether 1t shall be removal
from Office or removal with disqualification from
holding any office of honor, profit or trust during
the period Of my natural life"
THE UNION PACIFIC RAILROAD.
Clark Bell, counsel for the Union Pacific Railroad
Company, was called and sworn. He testified that
after the injunction order against that company had
been issued application was made to Judge Bar
nard to modify the same and he promised to do so,
saying that he had issued it, broad it was, mad
vertently, and he did issue modified order. Wit
ness was examined at some length as to the &C.
lions brought against the Union Pacific Railroad
Company. He said the actions were brought on
account OF charges OF bad management
of the officers OF the road, but could
not definitely state the complaint; ] was
present when r. G. Durant was examined before
Judge Barnard, when Durant said to the Judge, "We
drive us out Of the State - this was an incidental
remark made by Durant; my impression is that
Judge Barnard denied the remark as Durant stated
1t, but am not certain whether he did or not;
think Judge Barnard did not repeat the remark;
the matter created great excitement among those
proposal that the episode be suppressed, but
made the request OF the reporters not to publish It,
BY Mr. my sxa%na
to this matter; now think that Judge Barnard
disclaimed the remark; Judge Barnard certainly
did not say that refers to remark made at the
Aston House. that had driven
OSE SET OF DAMNED RASCALS
think Judge Barnard called for Dnrant.s authority
but ! don't think Judge Barnard repeated
not to put the masr In bis
receiver was issued six days after the issue OF the
modified order; never moved In the matter after
modified order that the original order was seriously
injurious to our company; told him IL that order
continued 1t would make us suspend all our work;
SETTLE WITH JIM FISK
before we go q step furtherYn stated the case as
bad as 1t could be stated, because the case was
really bad enough; gave Judge Barnard to under.
faith; had then only nodding acquaintance with
Judge Barnard; had no personal acquaintance
with him; S. L. NJ. Barlow went with me when l
went for the modified order; assumed that he
was acquainted with Judge Barnard; the
Union Pacific Company had some ten or eleven
thousand men employed ON the road at the time |;
there were about q half @ dozen counsel employed
in this suit by the c0mpany solely on its account
the orders were issued continuously until we had
instituted proceedings In the United States Circuit
Court.
10 Mr.. Beach-The counsel on the Fisk side were
equally as earnest in their contest as were the
counsel on our side; when made my statement of
the effect OF the original order Judge Barnard said
he had granted it Notwithstanding it was
broader than he had intended it to be- aud that he
would modify IL with pleasure.
To Mr.. Parsons-Wnen Barlow and went to
Barnard for the modification do not recollect that
will make the notifications ! remember very
well what Judge Barnard said, but do not reco
lect him making such an expression.
ANDREW J. CARNEY WAS RECALLED
and d. know Thomas J. Dreamer; did no
know OF any of my men doing work on his house;
at least not TO my knowledge or with my consent.
witness was asked If ne applied to Judge Brady
to do work on his house.
Mr.. Parsons objected
Mr.. Beach said he proposed to SHOW that this wit
to do work on their houses for the purpose OF
tradlcting his former testimony, and which would
also be contradicted by Judge Barnard on the
stand.
Witness answered that he did not do any work
for Judge Brady, nor for Judge Cardozo to his
and belief none OF my men did work on Judge
Card0zo's house or at my expense; can't say
lut they did work on that house for themselves; I
l0n't know whether there was any understanding
)r compromise between my wife and the city
)nlcials In connection with my return to the city:
inow that on their believing In my innocenceI was
I AN INNOCENT.
Counsel-You are, chr
WItness-Yes, sir.
Counsel-We will see about that.
WitncsS-Very well; when the time comes.
Mr.. Parsons objected to the examination as en-.
irey irrelevant.
The Chair-it is very remote.
Mr.. Beach--Yes, sir; it is remote. Nevertheless,
( has q bearing
After some Conversation, Mr.. Beach diverged,
md asked witness to whom he first commun.
ated this arrangement to decorate Judge Bar
lard's house. and he said woodward & Co. was
lso asked whom else he told, and he said Peck
'eckham's house; also to the Attorney General, at
is house; also to Charles 0'Conor, at his house.
BARNARD on THE STAND
Judge Barnard was then called and swOrn-I
ecame Judge in 1857, as Recorder in New York; in
s61 became Supreme Court Judge; have been Su-
rene Court Judge ever since up to the time of my
impeachment Witness then described the size OF
Is court room, the passages, their number also the
hairs, and the manner in which the business of the
curt Is transacted. He said, as to chambers he
ad always considered that no matter where he
rag, anywhere In the state, at any time, he had
ght to Issue an order, and he had always done 1t
'henever the occasion required.
witness was shown what purported 10 be. che
espatch he received at Poughkeepsie, and which
nd said that he did not believe the despatch he
sceived signed j. II. Coleman was thus marked;
aug not notice it; Il he had known that any
espatch was sent to him by Fisk he would not
ave gone to Fisk; witness then stated hoy he was
ENABLED TO LEAVE Ills SICK MOTHER
= the opinion OF the physician; thought my lam.
OF the slightest Idea that Fisk wanted me In New
ork to attend to any matter in connection with
he Erie Railroad; aid not know that 3l3 twenty. |
hird street was Fisl,'s house; when reached that
ouse inquired for Coleman and was told he was
OF there / then started for my own house; on my
ray | met Sterling, who told me he had some
cry important papers for me to look
{ at once 1t Mashed over my mind that 1t was the
IAN who had sent the despatch to me; asked him
it was he and he denied IL: looked ut the