The sun., 1872-08-01


1869, about the latter part ~ April.
ihasGSas p ne gso % @s01t ccs Mad , daily
6c s oR %st P % da sd qSa PSSs II t
% SGS9 H 'Mn qes & fRs h y ~ wv sains
Bristol. think, runs to Boston. Judge Barnard came
a9ne a9ne TO The steamer, met tsk on the g3ngwey, and
e %as not nSar SS eaouah to ear tscr eo1verssion
Tn cross-exaninntion the Witness, who had
juft said Judge Barnard was In the Eric Offices
twenty minutes, stated that tho Judge might
have been in there throe-quarters Of an hour or
an hour.
BY Mr. rarsoea- AncG Judge barnard let The, E!ic
Offices he went TO thc Office OF John McBrldr Davidson
the TRANs-Nisso souri, RAILROAD KING.
maGG cnr President scg Of the rnion
Missouri railroad king looks the picture OF an
pld-schooiNe New, York gentleman. ile was attlred
buttons His whole attire was very plain-black
neck tic, stand-up collar, and shirt front with
out studs or damnnds. Mr.; CLARK gave his testi-
mony standing. lie leaned against the Presi-
dents desk and toyed lmrntiently WITH ms eye
the questions of counsel. MIR. Clark said
THE UNION PACIFIC CASE.
reside In the city Of New York. Am lawyer, by
sn T r.oddp RS pTifhl' he non a Pns
isiiroad extends wc,ery from thc Mssouil liver So
% % 6c Sd new 81 en and sew a
Of iGe eSn Pacific in 1861 vas then A. il is a6w 1900
shares tllrtysiN millions The bonded debt b. luctu-
against ne Non raclGe Ss hsT q tie ruc history
Of the tur WAS not connected with the nIn IGCihc
In isCs aud 1859.
TuE EFFECT or Tur LtrrG irION wtru FISK.
o.What. in your opinion the effect Of that lili.
gati3n mon the 1ck ana bonds oi ~ road; A. hsf
" to Tint time am nnd vas ie.n quite isnli. AM az with
hc % nb rGtSs 20 St me @ @ t Jonds
h Rcn aSS Erosd S The t @ Of Si @ s Soa iSS
had ioau,j money the Arst mortgage bonds and 81
fbsc iip,S "1ag Es had TsaebSG D hs h lie
kct value ot these hst mortgage bonds ie neigh
ear eSod f a. r la'Ty ySy s oR R'NP 5H ss IS
w i ciois @ ooTd R,S 9p dST 9S s@i fe 's
Q.-nid the decline commence inmclielsiy On the
tS q eoSScnsc 1f S bTsn Ss 10 Be- o IL he
n,n ra3C9S Il 'irHaI i t,rr "'f bHgTt olyef Acs ~
ul..ach.,t s s 1 Was M MfresGent. had no relation Viii
that road Director or otherwise TIL Wttn the year
ruE INITIATION or tn. prRrCruRs.
9 were the gentlemen. DiIceiors ara Pre,'ideni Of
@ fSS sS"aG % SShSansy say Scir TcPuatoas we
C.-Da Ne reputation Of those rentlewcn tvtify TN,
cuorr, tlat thy we're robbers, scouu4rels OF damned
Mr. Ilcach objected to the question as wholly
immHt rial. There was ~ prof that this re-
marx Of Judge Barnard was with reference to
tbs railroad Or the acton pending or, CON,
mcuccd 10y Fisk against this conn ny. Ho bad
had repeated occasions to submit to the Court
that he cNainination into this private declara-
specification alleging the remark r. Il rrcd %. Irc
tu tie conduct nud manners Of the judge than
lN Illf vi uttltii' hill IL llu var ~ lli
PROOF thW this remark was not original hut
made in explanation OF one W hich fed frCm Nr.
puont In reply TO Mr. Field Are We {" inquire
into the history and standing of every per
son ar1in,t whom remarks may have been made
The Chair was ~ opinion that the question
was admissible. there beiug evidence tending to
how lhnt Judge Barnard's remark roleir, to
that corporation.
NOT ROBBERS NOR scoUNDREfs.
@ tt me wtiltnoeu public reputation of tho
iNI ..". . iNd ,Mttt- oi llr lhloh l"lu, hhlI'A !
's'eSH( Know sT b more sgy rSrp,a,S men tS,
tle -auiiemen then connected Win tae road,many ~
non many Of Nhoil are stil, con., ctcd wi'a ~
await, pos R 'bronghcnt t6e county thsn NAM n
De gentlemen then connected with thc road, aud many
sti conucccd. New lork was then as II IS now, tho
aiice from View YORK to boston hos been caGsc q
se;t 1isneG Hpd d. IN y, sd Ih9
caused ty such embarrassment falls ultimately the
ny lAc gT9sTc.s q 4 Il: ,s s in
state mat the litigation va- not 6Dl0 tr. hist t
,ust: Ruled out.
~ IRRELEv,Sr INQUIRY.
Q Wa. me credit Moollicr th,n budding the Uuou
boitr dcriyod from other gentlemen than mysr'f |
mover inyes9gsir9 ihc ransae'ions between the road
Judge Grover said II occurred 10 him that tile
INJURY as 10 who built the road was quite re-
mote from anything affecting judge Barnard.
Mr. Beach hoped that under the license ~
proof already permitted In regard TO this road,
no rule will now be adopted To prevent the de-
fence from examining into everything In regard
| to IL.
Q--Iaye you the original check aud vouchers Tor
Mr.. Beach said this evidence had been dis
tlncty excluded 10y the Court. II was proposed
| t0 introduce tax about a $4,000 ubOut which
no Hldence had yet been offered.
MI Nil,s said they would show that Sj0,SI
| W., lIid hY the company, and that no further
proceedings were taken until the injunction Is
su,d on the day "i the election IN 1863.
The Court was chl. ed. and all the Judges Of the
| Count OF Appeals Judge Allen not Noting-su,-
| taiued tho objection. The prosecution then
| waived the question.
Mr.. Beach then offered TO show by the books Of
| the company tho subscription Of James Fish, Jr,
| In connection with other subscriptions.
JUDGE GROWERS OPINION.
Judge Grovtr-we are not here to try whether tne
c Il ,oe TX SoR SoR SSi1 ws,e s ~ ~ to to
wrong. 1t throws hight whatever the conduct of
Jgdse BARNARD Il appears 20 me that t0s Whole line
proPciIy 5onaae ID, or wSeiher Gsre were frSGds s
SI SI M % ,ra5 'P 'eP2,n HAsy spt were to pr s
and certain, important orders were asked q Nm
Whelhcl Fraling those orders he acted uprishty
Ias sHs Se Te ew a. S2 Pa5 u. hi G to ar
purposes other than the upright administration OF Jus
t,n Of hc reputation OF the Directors had ayeFS re
% ssG VsrE be- s and az az Inc ee .S NJ
eanno too soon con6ne The trial to uls conduct ot Mr.
| sllied him and The facts known to him.
SENATOR MURPHY CoNCURs.
| senator Murphy concurred entirely with the
opinion II Judge Grover, but IN his opinion the
| rule should have been established when te4-
timony relative to the effect of those orders WAS
| introduced.
| Judge Grover said he voted to admit evidence
| relative to the effect Of these orders, because
| when judge f. applied 20 for sn injunction,
| the probable effect ~ the Injunction should
| enter into the consideration OF the judge us to
| whether he shall grant IT,
| Mr. Beach hoped tho Court would not prevent
| him from showing the luEU sAs<. that operated
| on the public mind at homo and abroad to de-
preciate the securities Of the Union Pacific Rail
| road. lie proposed to show thlt other iutu-
| ouccs wore AZ work, not secret or private, but
| notorious at the time, aud Just covering the
| time Rt which these liti'atlons were instituted
| Was the defence to he charged with these CON
| sequences without the privilege to trace them
| 10 TIA sir sources
| THE TEsrIMONY INCLUDED.
| The Judges Of Appeals voted W:1;:'mnusly
| Judge Allen not NOting-to ,N-iude m" test
| muny, and Mr. Beach Withdrew the question.
| Nn further Croas-CNaWinatlun Mr. Clark uc
| kUuNlD .td that The ritips Ot the road uirui