The New York herald., 1872-07-24

down town; never heard the Union Pacific III ga
ton spoken OF by Judge Barnard; never heard FIsk
speak OF lt until l saw IL In the papers, and
asked him what it meant, when he said
he had fight, and that was all suppose heard
of the railway suits In 1889; read about them IN
the papers; heard no conversation about Blowing
open the safe Of the Erie Railway Company; read
Counsel asked witness whether she had heard
any order gi en- to take possession oi the BOOKS TO
Discussion was had, which was interrupted by
the chair deciding hat the question was incom-
petent.
q. Did you hear Of any proceedings to punish the
directors Of the Union Pacific Railway Company
A. No, SIR; Judge Barnard never talked OF business
to me; 1t was at my house, when ! had
MY CONVERSATION WITH JUDGE BARNARD
WSen Flax ana nea at do NOT
think they talked OF the litigation; heard Stokes'
late testimony IN his trial az TO co .yersaton;
was present ut the dinner party at which Barnard.
Fisk and Stokes were pi iesent; do not remember
any conversation as TO matters Of business at that
dinner; was at Long Branch IN @70; do not re-
member seeing Judge Barnard there may have
him on the boat; Fisk went down every night;
do not know how o ten they were together on the
boat; they were daily passengers and was IN oc
caslonal one; Fisk owned row OF twelve houses
on Twenty. third street; he did not occupy any but
mine; during the summer OF 1869 Fisk resided at
the Jerome House with me; Fisk fitted up the
house 33 Twenty third street for the occupancy Of
some OF the employees Of the Erie Railway Company;
Fisk left my house on the nth OF September 1870;
never saw the counsel OF the Erie Railroad Com
pany go into or come out OF the house 3l3 twenty
third street; never saw Judge Barnard go In or
come out OF that house; could not say whether he
was ever In fisk's box at the opera House; never
saw him there; do not tlsink Judge Barnard ever
rode
WITH FISK AT LONG BRANCH;
never saw them walking together there; did not
see Judge Barnard at Albany at the time o. the
Snsquehanna Railroad troubles; do not know how
long Fisk occupied the house 3l3 Twentythird
him.
Cross-examined by Mr.. Beach-My acquaintance
with FISK commenced In 1857, and continued till
broken in 1870; he was hospitahle and generous
he was In tho habit OF exchanging courtesies with
the habit OF calling at my house; a great many
others called tnere-some OF the best citizens OF
New fork--al OF whom were in the habit OF accept
Ing my invitations 1t was customary for other
and higher dignit0res Of the city than those
have named 30 come to my house and receive hos
pitalites; did not understand the present was
was christening present; ! understand there
were many Others made presents; the presents
were made at an afternoon reception in this case
the parties making 1t could not attend, and made
the present by depositing the $1,000 In the bank;
my box at the opera, and from gentlemen
whom | considered to be the first citizens;
the Opera House was a place that gentlemen and
ladies' of the highest responsibility attended Gene
raj Grant visited IT. he never called at my box, and
contented myself in sitting opposite to him;
under mine; never saw Judge Barnard transacting
any business Of any character at the Erie Railway
office; Judge Barnard's family were At Long Branch
at the time Fisk and myself were there; never saw
any particular intimacy between Fisk and Barnard
at that time; never knew of Fisk and Barnard
transacting any business at any place; never saw
them together anywhere at any time.
Miss Marietta A. Williams was next sworn She
said IL reside with Miss Mansfield know Judge
Barnard have seen him at her house few times
within the past three years; 1t was not quite re-
Gently.
William 7. Smith was sworn. He said:-I am q
deputy clerk OF the Circuit Court OF New York: have
bac,nSht some papers on file in that office with me-
John swan was sworn. He said II am lawyer
and reside in London: came to the United States in
1870; came to attend to business for gentlemen in
terested In the Erie Railroad: on reaching New
York communicated with Messrs. Evarts South
waite and ChOate; was in court occasionally when
in the United States Court when Coleman was
appointed receiver by Judge Blatchford. Witness
here identified the papers in the case, and
he was going to Evarts & Co.'s onice, in Wall
street. took the papers to Evarts Office in order
that the ordinary practice might be complied with
Counsel offered in evidence all the papers in this
case, which were accepted.
THAT NYCE CASE AGAIN.
Charles II. Tweed WAS next swOrn-Am attOr-
ney-at-law, connected with Evarts, SOuthwaitc h
Choate am familiar with the case OF the Eiie Rail-
road Company VS.. Heath and Raphael: witness
stated the order OF proceeding in the case.
Counsel then put in the order OF Judge
Barnard Barnard As in the Ny Nyce suit. witness said the
argument in the motion In the Nyce suit took
on soe "a 50 81 Sn ws
no proceedings have been taken to bring either Of
the three suits-the Nyce. Fisk and lrst Erie suits
to trial Witness detailed the proceedings had in
various cases, and counsel put In the papers con-
nected Herewith, when the Court took recess TIL
four T.. NJ
Tweed resumed the witness stand and war ex-
amined at much length as to the proceed
ings In. the Erie cases large number OF papers
planned them, they were put In evidence. On his
cross-examination by Mr.. Beach the witness stated
that there was delay of long duration In
settling the case in which Coleman
appointed receiver caused by the stock
is OF the receiver Witness was pressed to explain,
when he stated that the receiver had no right 10
surrender the original certificates to the Erie Rail
way Company. Counsel still pressed his questions,
and witness said that the receiver could not have
had the stock transferrca to him without surren-
s IL e SFdsT K set as sSs s St s
registerable the old or original certificates were.
To Mr.. PaTsons-And this was done by the issue
Of $4,000 Of the Erie Railway stock, and that was
done without any law.
Mr.. Beach-Do you not know that this $4,000 was
procured by the sale OF 10000 shares OF Erie Rail-
Witncss-No Sir; ] do not.
Mr.. Beach--Did not Judge Blatcbford require Jay
Gould to make good these 10000 sharesy
Witness SAID there were proceedings to that
effect.
Senator Perry moved that the Court meet here
after at ten A. N. and adjourn at three r. NJ.
Carried by vote % OF 20 ns. to ns or tho Eric p.wsv
Company, was sworn-Was acquainted with James
Fisk since 1864; was his personal counsel and quite
intimate with him; saw him almost daily at his Of
fee and at his hOuse Fish was the comptroller OF
the Erie Company; have known Judge Barnard
ever since l have known Fisk; have procured
orders from him on Fisk's side; the first order
got was that appointing Coleman receiver; pro-
cured 1t at Barnards house that was June L. 1870;
l am pretty sure 1t was In the day time; |
think 1t was after three p NJ; procured
man as receiver; | don't recOllect whether
Judge Barnard was holding Chambers; do not
know for certain; have obtained orders at pri-
vate Chambers do not remember obtaining any In
the OF Coleman; might have done so; can
find out whether did or not; think FISK swOre
to the AFFIDAVIT when the order was applied Tor.
The Court then adjourned till ten A. NJ. to-
morrow.
THE CONNOLLY-TWEED SUITS.