The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-08-14

Yupt eDdA And this must be established BY
usiswfdi ct has been s committed win Corrupt
intent lt wtll not do TO assume that the acts Of
g Ss hss suRs
o. uniawfli acts with corrupt intent It win s. the
duty OF this Court TO examine this question care
Re Sns q ss% had
issued not warranted by law. Counsel then spoke
q q % sy the s snss
the adoption ofthe code u has become very com
mon, not alone in New York, but throughout the
injuries 4 may entail; nevertheless II was issued
granted that the most careful discretion should be
followed the example Of otseF Judges OF great
granted n : statute. The statute provides that
Z judge may issue an injunction whenever he has
cessary and he asked this Court not to punish this
Judge Tor following the statute.
Tue counsel then proceeded to consider the ques-
ton OF appointing receivers, and cited the law
which provides that Judge may appoint receiver
Il is isir Se the indgs to rs,,wS.. he snail appoint
. receiver. There was no discrimination provided
for by law. The counsel then referred to the crti-
than in New York. This too, q provided for: by
authority Of law, carries his Court with him wher
ever he 10es in the State. This was found necessary
Il Claimed that such writ is never
issued except after final Judgment Now, that was
true before the codes but, SAID counsel Y not 80
now; and be read the code showing this to be the
fact In this case the writs OF assistance were
issued before demand for the property had been
whether this Judge is to be impeached FOR so doing
when afldavits were made and shown him that
properly and on these afdavits he issued the writs
Counsel could see nothing unwlse, indscreet or
unlawful ~ such action under such circumstances.
coSrs 10 the rst article which charged the respond
enc with
10 CLOSE is books ar the transfer Of the stock
q Heaih and Raphael he stated the circumstances
- tAs case and detailed the o. ynS Cvs
which he s showed oss " to be- s an at..ccmpt 70
get control Of the majority Of the SOCK
and rule the MANAGEMENT Of the road. 1t
and was 50 REPRESENTED to Judge Barnard, where.
upon he acted as Judge should act. He said this
which became SO famous afterwards. There was
nothing In the complaint Of Nyce which connected
Win Win Fs dosd and wSs
= nonresident, and brought his suit in
his own bvalf to protect his interests against this
represented BY Heath and Raphael. nor was there
anything to show Judge Barnards connection with
Nyce. Counsel then noticed the second charge, in
which Fisk Gould and others appeared as plaintiffs
and Heath and others as defendants, and stated at
length the history Of that case In which he showed
that the Of the action was the fear that with
the aid OF Commodore Vanderbilt, the English
stockholders would secure control Of the road.
Counsel thea noticed
ARTICLES TAREE AND FOUR
which were OF the same nature, being the additional
then took up the fifth article, referring to the &C.
ton in the ease OF the Union Pacific Railroad Com
pany. He said he had offered to put in evidence
that James Fisk was entitled to the stock he
claimed but the Court refused to receive 1t there
FORE the orders were based on this fact he asked
eighth articles had reference to the same litigation
and the counsel explained the force, effect and
purpose Of the complaints on which the orders
Issued by Judge Barnard were founded. He main
tained that these orders were properly issued;
FISK HELD THE STOCK HE CLAIMED
TO hold. That could have been proved here beyond
Q doubt had the Court allowed It. He owned the
stock, and he was assured that there was corrupt
scheme existing between the Credit Mobilier and
the Union Pacific Railroad Company and in order
10 preserve his property he made the application
be dad. Gould anything be more properf The
counsel referred to the fact that after all that had
been s said Of Judge Barnard being the tool Of
cation OF John J. Cisco he issued modi-
ned order which allowed the Union Pacific
company TO 60 on, pay their debts, continue the
construction Of their road and pay for the same.
Does this look much like his being tool of Fisk,
Gould Col Does the issue Of this modified order
.1ok e sn1s vas slack~s sqt Qa the RATt n
with them, when the Judge grants this modified
order allowing the company to proceed with their
businessp
The counsel said there were many things done by
Judge Barnard which he did not approve OF, but he
would not pass this great and noble act OF Inn
Partially without calling attention to II and award
Ing him the high praise he was entitled to.
Before Mr.. Beach had concluded his argument the
Court adjourned.