The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-11

with = wilful and corrupt Partially toward umes
FISK, Jr., Jay Gould anu Others to the great injury
ARTICLE charges that Judge Barnard, in an ac-
ton depending in the supreme Court, wherein the
Erie Company, James Fisk, Jr., ana Justin ID.
White were plaintiffs, and John Benjamin Heath
and others defendants, did, On about the I'D OF
June, 1870 make an eI poTte order restraining the
defendants from transferring Erie stock, appoint
ing James u. Coleman receiver al All lie
i sr ts s'' Win S, lower n ' ri h, s "ss
sci and pay them out al the procce,s
OF monep coming 10 his hands, and 10 transier 10
his o4n name on the books OF The Eve Company all
OF the saa stock, &c; that II was not made 10 ap'
pear by the complaint aud ahravif that the
plaintiffs wcge the iea9l equitable OF the
said stock of which Coleman WAS appointed the re-
cciver; that Judge Barnard made the order mp
pointing Coleman receiver contrary to law, with
wi!iul and corrupt partiality toward James Fisk,
Jr., Jay Gould ana others
ARTICLE charges that IN the case Of James Fisk,
Ill, and Mortimer |. Earl W. John BENJAMIN Heath
and others, IN March, 1871, Justice Barnard made
an ca faste order appointing Charles Robinson re-
ceiver o. all shares Of Erie stock which had been
transferred to Robert a. Heath and Henry !. RAJ
phac or TO the Erie Stockholders Protection
wh ,na' 1e sad sV cSem mas haS s
been appointed receiver In the fnrte order oi
the .id u June, 1870; that AT the time Of the ap,
been transferred to the United States district
Court; that the said Court made an order directing
Coleman To deliver up the stock to the defendant
Al this Justice Barnard knew or had good and suf-
bcicnt reason 10 believe, and knowing made his eI
partc order. with willlul and corrupt partlaiity
towards James Fisk, Jr.
ARTICLE 8 rccites the history OF the litigation be-
tween james Fisk, ill., and the Union Pacific Raul
road Company, in March, 1859, and charges that
Barnard issued an or parte order enoining the d.
rectors OF the Union Pacific Company against hold
plaintiif ('iss) as to the stock described IN the
complaint is determined In this action" The order
was grossly partial to James Fisk, Jr and with the
corrupt intent to intmi1ate harass and Cypress
the Union Pacific Railroad COMPANY.
ARTICLE charges that In the case of the Union
Pacific Railroad and James Fisk, Barnard appointed
VIM. NJ. Tweed Jr, receiver OF all bonds III the pos
session o! the Union Pacific Company TO inc sailc
of millions o. dollars The order was made on am
davits OF James Fisk and Others, ana there was no
legal or sufficient ground for issning the order.
ARTICLE charges that the Soth Of March, 1907,
called n report. signed by William NJ. Tweed, Jr.,
Receiver Of the Union Pacific Railroad Company
bonds, issued an er i)d'fe order authorizing ana
directing the said Tweed to open the safe OF The
| Union Pacific Railroad Company by picking the
lock or cutting or blowing opeu the same, as he
might think best; that the said order contrary
to law, the practice OF the Court and no sufficient
ground existed FOR making the said order.
ARTICLE charges that Judge Barnard wilfnly
and corrupty issued the orders In the case OF the
Union Pacific Railroad Company, AS recited in pre-
vious articles knowing that the case had been re-
moved to the United States Court.
| ARTICLE charges that in the case ofDavd Wilbur
| vs. The Albany and SuSquehana Railroad Company,
Joseph H. Ramsay and others, Judge Barnard. col
| ruptly and in the wiihil violation OF the laws.
granted an order directing Ramsay, who was then
President OF the company, to refrain from eXercis
ing his otlce ~ President and Director or from
issuing any stock or interfering In its affairs. The
| order WAS er pGite Judge barnard made the order
| with wltlil and corrupt intent, DC.
ARTICLE 10 charges Barnard with mai and
rupt conduct in Office. in that the 4th OF August
1869, in the case of David Wilbur vs. William L. NJ
! Phelps, the Albany and SIsquehanna Railroad
! Company and Others he corruptiy and in wful vio
lation of law did issue an order directing Phelps to
transfer to the plaintiff 700 shares OF stock OF the
company. This was an re parge order, contrary to
| law and the practice of the Court.
I ARTICLE IL charges that the said George G. Bar
nard did on or about the 9th day Of August 1862 in
an action then pending In said Court wherein AFRO
Chase was plaintiff and the Albany and Susquehan-
ma Railroad Company and others were defendants,
corruptly, and in the wilful violation OF the laws
of the State of New York, grant an order
whereby he appointed James Fisk, Jr., and
Charles Courier receivers OF oil the property,
franchises and effects Of the said company, and
dering said receivers to take immediate possession
Of ali said property and receive all moneys and
make all payments necessary or proper for the due
Of saa road ana that said
full wrong or gross personal negligence That said
order was granted er parte, without jurisdiction,
stance and request Of said Fisk, in the
had come at the request of said Fisk, from
the bedside OF his MOTHER who was then danger
York. and that said request was made with the In
tent and purpose OF procuring the signing OF said
order by said Justice That IN and by the papers
not appear that there were any good or sufficient
or any grounds for the granting thereof. That In
or by said papers it did not appear that said Justice
said order That it did not appear that
said company had been dissolved was insolvent
in any danger OF insolvency had forfeited it's
corporate rights That the said order was not
made according to the due course and practice OF
the said court, or in the exercise of just and law
fu discretion, but contrary thereto That the said
Justice made the said order with willfu and cor
ARTICLE IL charges that the said George g. Bar
nard did, on or about the 18th day'of August 1861
| In an action then pending IN said Court, wherein
AFRO Chase was plaintiff and the Albany and Sus-
quehanna Railroad Company and Others were de-
the laws of the State of New York, grant an order
whereby he the said Justice, did order Harris Parr
who was one of said defendants and was then
Sheriff OF the county OF Albany, and Campbell Allen
William S. Shepard, Thomas Coleman and Stevens
v. Trull, who were others of said defendants and
were then Police Commissioners Of the city OF
Albany, and Joseph II. Ramsey who was one OF
said defendants and was then President of said
company and jeremiah J. Austin, Jacob Leonard
William A. Rice, Charles Courier, John West
over, John Cook, Eliakim r. Ford, Samuel
onnc Evers and pnVa wilbur who wers
other defendants in said action, and were then
directors Of said company to refrain from disturb
their performance OF their duties as receivers Of
said company, from interfering with the possession
liver to said receivers all and every the property
effects OF said company or that might he held in trust
for the same That it did not appear in or by the
complaint or the supplemental complaint in said
action that the plaintiff was entitled to the relief
therein demanded, nor did it appear that the de
procuring or suffering any act to he
done, in violation of the plaintiffs rights
ARTICLE IS charges that the said George G. Bar
nard did, on or about the 7th day OF August, 1862
then being Justice OF said Supreme Court, in an
action then pending in said Supreme Court wherein
AFRO Chase was plaintiff and the Albany
| and Susquehanna Railroad. Company and
others were defendants, corrupny and In
the wiful violation of the laws of the state
of New York, Issue writs of assistance directed
to the sherifrs of Albany county and Broome
county, commanding them, and each of them, to go
to and enter upon the railroad and all other prop
erty Of said company, and TO eject and remove
therefrom all and every person or persons holding
and OBTAINING the same or any part thereof against
James Fisk, Jr., and Charles Courier who had been
appointed receivers OF the property franchises
| and effects OF said company, and to put and
| place the said Courier and Fisk, and each
and both OF them, in full, peaceable and
quiet possession OF said property without delay;
and them, and each and both of them in such nos.
session thereof from time to time, maintain keep
and defend, or cause to he maintained kept and
defended. That the said writs not issued ac-
cording TO the due course and practice Of the said
Court In the exercise OF a lust and lawful dis