The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-07-27
BARAARD'S IMPEACHMENT TRIAL.
Unearthing the Orders in the Sus-
quehanna Railroad Suits.
EFoReED DESPATCH.
Fisk Brings tho Judge from Psughkeepsie
By Using COlsman's Nams.
Manipulating the OirectoriaI
saeH asa Election. e saos .7n.t

uoI .Nr <-i1K ~ 0ai11ocl1.
The Pier and Warehouse Company
Placed sUnder Orders"
sfngr M sARAr0GA. N. Y, July %, 1871.
the Court met ct ten A. n. with twenty-nine
members present. A cold rain storm prevails here
to-day. The health OF Judge barnard is such that
he was unable to appear in Court this morning. pa
John W. Sterling resumed the witness stand, and
continued the statement OF what he did after re-
ceiving the order appointing Fisk and Courier re-
ceivers In the Susquehanna Railroad case. After
receiving the order he proceeded at once to the
Hudson River Railroad depot to take the
train for Albany; did not see Fisk
after receiving the order; don't know
Of any order being issued between the issue OF this
order and the writ Of assistance served ON the
Sheriff Of Albany; went to- the Albany and Sus-
quehanna Railroad oflioe little before eight
A. NJ, after reaching Albany; was at the ONCE IRE
quently that day; think saw copy OF the writ Of
assistance In the afternoOn 1t came BY telegraph;
the original writ arrived some time In the evening;
have no knowledge OF an attempt to execute the
writ before the arrival OF the original writ remem-
Der the suit Of Pruyn against Parr Parr was Sheriff
Of Albany law a5sfgst teal 5. n8tDl3sqla %
Counsel proposed to put In the papers in this
case. s.,r1afo sagf.fas of3 Ot ma8s g8M q aG eBlI
Mr.. Beach objected, on the ground that 1t was In
admissible In this case against Justice Barnard.
He said II It was necessary to introduce these pa
pers for an understanding Of tine exigency which
induced Justice Barnard to issue his ORDERS ana
that these cases are to DO gone into for examine
tion, he would not object. 3au99 5n g, az
Mr. Stickney responded that Il was not proposed
to 60 into an examination OF all this SusquehanDa
litigation; such course would protract this trial
too much; 1t was proposed only to show that Judge
Barnard had interfered without right with the case
The chair decided the papers were competent
aud admissible. ra 1p0d n9laaW odi p.
Counsel then read the i 10 irnl ni9 s1e
INJUNCTION ORDER OF RECEIVER ROsENDALE,
directing the Sheriff of Albany to desst from exc.
cutting any writ of assistance for twenty days. 1
Witness continued-He received no other order
from Judge Barnard till the 10th Of August, when
he went to Poughkeepsle with Hamilton Harris and
saw Judge Barnard there at Horsey's, his
brothers.; did not remember that Judge Bar
nard was there to attend the funeral Of
his mothers; witness was shown several
writs and orders and Identified them as being in
in the handwriting ana signed by Judge Barnard;
has doubts OF their being signed at Poughkeepsie;
they were dated on the 9th and 10th; leaving
POnghkeepsie went to New York; don't remember
seeing any. order requiring the parties against
contempt; think have copy Of an order direct
Ing suspension of proceedings In the case Of
pruyn vs. Parr, and directing the Sheriff Of Albany
to proceed and execute the writ OF assist
MR.. PLUM RECALLED.
Here Mr.. Plum, the Deputy County Clerk OF New
York, was recalled and asked II he had produced all
the papers on file In the County Clerks office relat
ing to the Susquehanna case, and said he could not
To Mr.. Beach, have all the papers that were
Ged In this case; Lhsve doubts Of all the papers
many papers which have not been returned;
mean Ihave all the papers that were on file when
missing was an aff1davit In the case Of Chase
against the Susquehanna Railroad.
THE BUsH-SUsQUEHANNA CASE.
The witness, Sterling, wBs then examined in the
case Of Bush against the Susquehanna Railroad
in which the for shares
sstance issued to the sherir OF Albany county; he
had no knowledge OF any demand being made for
this stock before the order was applied for and Is.
sued; do not remember OF any proceeding IN the
case before referee.
Cross-examined by Mr.. Beach-The first action in
the Susquehanna litigation was in the case of Bush
against the company; the election for directors
took place early In september; there were cross
actions between the directors and stockholders.
witness was asked II he had printed statements Of
the litigation in this caseP
Mr.. Stickney objected on the ground that the tes-
timony should be confined to the papers presented
to Judge Barnard for his action.
Mr.. Beach maintained that for perfect under
standing of the case all relating to 1t should be in
the possession OF the Court in order that the
CONSPIRACY AND CORRUPTION
against the respondent could be met. The Court
decided the question to be competent. Mr.. Beach
then asked that these printed copies be distributed
The witness was then asked how many suits were
there, and replied:-'On the Ramsey side there
Mr. Beach proceeded to notice seriatim the vari.
Gus cases In the SusquehaDna litigation with q
view to informing the Court Of its character.
witness stated that nc had prepared the papers
with view to their being presented to Judge Bar
nard; he had no knowledge OF any conspiracy be-
tween parties applying for these orders and Judge
TO Mr.. Stickney-I was on my way to New York
when stopped at Poughkeepse; Hamilton Harris
did not know mis- business, but had an intimation
hi aynsa sr % 0,Ss5 ST Sp Sn Barnard
Thomas r. Fox was called and swOrn-Am West
ern Union Telegraph operator at Poughkeepsie;
know Judge Barnard; saw him at the Western
Union Telegraph of,ce August Q, 1889; we keep
are not now In the office; made copies shortly
after August Q, 1869; made copies Of kilograms
the copies shown to me.
Counsel proposed to put these kilograms in EVIL
dence.
Mr.. Beach objected on the ground that secondary
evidence could not be received The originals, he
said, have been destroyed. He objected at least
until he could confer with his client, who, 1t
not for the nclement weather, would be here now.
The Chair said secondary evidence could be re-
cetyed where notice had been given witness to pro.
Once originals and he could not do so.
Mr. Beach again stated that he desired to consult
his client. ..s...-. -. =,
The Chair suggested that postponement be
granted He was OF the opinion that the evidence
was admissible.
Witness continued-I saw Judge Barnard In the
oflce IN the afternoon. when he sent an answer TO
o despatch received from James II. Coleman.
Dispatches were shown witness and identified.
| One dated August Q, 1862 to Barnard reads:-
| Come to New York tonight without fall
Fisks pass sos. JAS. II. COLEMAN, d. II.
| witness said it came "Jim Fisk" but he left OF
| the word 'Jim.'
| Cross-examined by Mr.. Beach, do not know
| whether Coleman sent the despatch or not.
Mr.. Beach-One Of the kilograms from Barnard
| 90 Will ha fharo A nv