The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-27
TEE JUDICIARY COMMITTEE.
The Charges Against Judge Barnard Still Under
ACCOMPLISHMENTS Of Witnesses
for the Defencs-More Improper
Language from the Bench.

The investigation OF the charges against Judge
Barnard still occupies the attention OF the judiciary
Committee, and they do not expect 10 finish his
case before tomorrow night The committee met
at the usual hour yesterday and proceeded to hear
the testimony OF several witnesses or the defence.
Clarke Bell, counsellor at-law. appeared for the
defence. He stated that he had been employed as
attorney and one OF the counsel for the Union Pacific
Railroad Company at the time Judge Barnard
granted the Injunction and appointed receiver
for the road The first step he took in this case
was shortly after the orders had been granted,
when he discovered they were SO broad In
scope and character that they virtually tied
up the operations OF the road. lie then
drew up such notifications OF the injunction and
power OF receiver were recommended by the OIL
GERS Of the company, and in company with MI. S. L.
NJ Barlow, went TO Judge Barnard's house and laid
the case before him. Judge barnard examined the
papers, and, stating that the notifications appeared
necessary, he granted them as requested. Mr. Bell
was then questioned in reference to the testimony
OF previous witnesses, rs 10 whether the granting
OF the injuncons ana appointment Of a receiver by
Judge Barnard had caused the remova! OF the CON-
pany' 8 ONCE to Boston. The witness stated that
there had been o conflict lasting six months be.
tween the Eastern directors and others as to the
reno val OF Ofce BOOKS, papers, &C., and that re-
moval was contemplated before Judge Barnard
ever granted the orders. This evidence OF MI Bell
was In direct contradiction OF that already given by
Mr.. II. Tracy and Mr.. Horace +. Clark. Witness
also stated that he had been twenty years practis-
ing ut the bar and tried number OF cases before
Judge Barnard. lie never had any reason to sup
pose nor did he believe that Judge Barnard ever
mo v sus and that he was Influenced solely ~ what
he c0nsi dered his duty.
Der Of the flrm Of townsend, Levinger 4 waid.
heimer Mr. Levingor, OF that arm, was examined
ssoa &c sSe Sass Of few snSs sn's In
and stated that his firm made application to Judge
barnard ior an Injunction 10 restrain inc
Stenhard then took the papers to District Attorney
Fellows, who obtained the Injunction that was re-
stated that he had taken the papers owing to the
legal incompeency Of Mr.. Levinger and also that he
was near enough to hear what Mr.. Levlnger stated
to Judge Barnard or to know that 1t was Levinger
VINO MADE the application. Mr.: Townsend testified
himself, ana not by Levinger
Mr.. Denis Mcmahon, member Of the bar, testi-
fed In contradiction Of the evidence given by Mr..
Miles, the stenographer, who had been employed
by the Bar Association to take down any peculiar
witness stated that in the case OF Waddy VS. Gen.
eral Esan that he had heard Judge Barnard make
man in Jail; nothing from nothing leaves nothing,
and u ne Is GU. he may earn s the other
slightest foundation and ialse
Mr. Arthur Johnes stated that he was reporter
for news ASSOCIATION, and had been employed by
Mr. Stickney, OF the Bar Association, 10 take notes
OF any peculiar expressions made use OF by Judge
Barnard In chambers; he stated that after reading
some newspaper CRITICISMS OH some OF his ACTIONS
Judge Barnard had ssid that some Of his enemies
had ded-relerring, as witness thought to MIR.
Raymond and Mr. Eaton-and that those that Kept
on abusing him would also die pretty soon:
ii. W. Genet and T. O. Fields witness
had tried get In TO take notes OF the proceedings,
but had been prevented by the officers at the doors
witness acknowledged that this was at the time Of
the Stokes trial, and there was large crowd inside;
+. Andrews present during the Waddy against,Egan
case, ana also on the day when Genet and Fields
were bailed; he saw MI. Andrews there all the time
ana spoke to him.
Mr.. AdOph Herzog furniture dealer in Seven
teenth street, was examined by the prosecution,
Erie ONCE and Grand Opera House, that he had
made two mOnOgrams-One OF "E R.n-which was
put on all the furniture IN the Grand Opera Houses
lie had subsequently found among his mono9rams
one OF &c. u. B.,n but diu not think that such q
monogram was ever put on any furniture that went
out OF his store.
The counsel for the prosecution here made appli-
cation TO the committee to grant search warrant
for Judge Barnard house. TO see If they could ind
any furniture In his possession Ornameuted with
the monogram &c. G. b." The committee decided
that no evidence had been produced That could
Judge Barnards house, and therefore denied the
Mr. j. h. Herrick, one OF the directors of the
Albany ana Susquenanna Railroad Company was
examined in reference to the manner OF taking
pOssessiou OF the road He stated that no violence
had been used, and to the best oil his BELIEF the pro-
ceedings were quite quiet.
The committee then adjourned until this morn
Ing at ten O'Clock.