New-York tribune., 1872-07-29
BARNARD'S TRIAL.
PROGRESS OF THE IMPEACHMENT INVESTl-
CATION AT SARATOGA.

UNION PACIFIC RAILROAD CoMPANf-BAk-
NARDs BALIGN INFLUENCE CB-MfSIEhloo9
DIsAPPEARANCE OF IMPORTANT PROOF.
SARATOGA, July 27.-The proceedings OF To-
Gay In the trial OF George g. Barnard have Deeh VI a-
SrbinG Interest to lawyers although possibly I,"e
'earisome TO the average spectator. The articles OF Nh
parchment, referring the suits between fredercA
l. Lane and the New York Pier and Warehouse Compa-
~ ana the ltigatlons OF Fisk with the Union Pachc
haroad Company. have occupied the entire day ana
evidence submitted constitutes probably, damaging
portion OF the proof against Barnard any which has
yet been adduced The scandaous character OF the g
gantic conspiracy against the Union Pacific Railroad, the
enormous amount OF money involved the bodnoss Of
Fisk aud Barnard in daring a contest with this mighty
corporation ana finally the boased OF the latter
to use his own words in driving" Company out OF
the State throws into the shade tho minor plots Of the
two and their attacks upon individual interests.
BARNARD IN COURT.
The Court opened with six Judges and twenty-five
Senators present. the abscntccs being Judge Andrews
and Senators Adams, Baker, narrower, Johnson Lord.
Wagner and Woodin. Judge Barnard himself came in
during the day, but only remained hour. A little
while before his entrance messenger came in and
spoke to Mr. Beach, at once arose and left the roOm
little later the who. next to Fisk has won, per-
haps, the most unenyiaDle n0Orety OF any In the
country occupying responsible position, came swag-
cerng in swinging his cane and showing nothn; OF the
morning had led all to expect and took his seat beside
his counsel The sensation which Barnard had possibly
come IN late in order to create not equal to the self
Importance OF Mr. Baretts distinguished" client, but
it must have been gratifying to him TO catch every
hand the glances OF surprise and disappointment ex
changed by the spectators who evidently prepared
to in the author of all these unscrupulous orders
man OF striking appearance, possibly such one as fig
in yellowcovcred literature without tho spanges
and high-top boots but the reality consisted
OF a large diamond stud immaculate shirt bosom,
a heavy neck and face which instantaneously cor
rOborated the evidence already in An amusing remark
which will be appreciated by New-York lawyers, was
made outside the courtroom by dIsnterested spec
"why don't anything particularly startling
in him. except sort of wicked look in his eyes" "Oh"
corrected his companion who had doubtless pointed
him out " that's habtualp
SHAMELESS ERIE CONSPIRACY.
Thomas u. Sherwoods examination resumed on
the opening OF the Court and the story the three suits
Of James Fisk, jr. against John Doe and Richard Roe,
subsequently against the witness and aterward against
the NewYosk Pier and Warehouse Company, clearly
told andformed another illustration of Erie influence
Barnard. On Oct. 24, 1862 election to be held Of
the stockholders Of the New-York Pier and Warehouse
Company. A plot formed by Frederick A. Lane,
Fisk Could and others TO obtain control OF the Com
pany by securing the election Of board Of directors in
favor of the Eric hing. This time the catspaw was to
be Lane and Lane, of course under competent in
sructons procured proxy upon GOOO shares of stock
which stood upon the books of the Company in the name
Of Daniel Packer its President, well knowing that 1t
would be the duty the inspectors of the election to
reject any vote upon so to make the law conform to
his actions rather than to conform to the law, he goes
10 the everprocuaDe Barnard and just before the cleo
ton gets from him one those famous par orders
which are founded facts at all, directing the de-
fendants-nspectors of election (who alluded to
Ian No. anh ard
Roe the inspectors not yet being chosen)-
to receive the proxy OF Daniel Packer in trust Lane
goes 60 the meeting and cooly informs the directors
that he has managed to pick up some shares and has
come 10 vote. They OF course demur ana Lane there
upon pulls out Barnards order. notwithstanding Lane Is
not allowed to vote Before the meeting to declare the
result OF the election occurred, two days later Lane
gets another order from Barnard which he causes to be
eryc npon Thos d. Sherwood and Others inspectors OF
lrcon recurring them forthwith make their report,
and 70 return the vote Daniel Packer in trust ut
10000 shares The inspectors however, did not count
the vote and so, the 2Sth, Barnard appoints " a.
Prentiss Lanes law partner receiver OF the Company
The latter determine to ght 1t out, and Mr. Sherwood,
who had then elected Secretary refused to give up
bis trust Lane was equal the occasion, and got an
order of arrest from Barnard against Sherwood upon
which the Sheriff took him to Jail On the 3lst he was
brought before Barnard who was fairly compelled TO
decide and did decide that Sherwood was not In con-
tempt of court, and he was accordingly dlscharged:
Uere is IA palpable rraud as attempted to
be perpetraed creduous public ana In respect Vi
nttr reeessness it is almost without parallel Here Is
an order granted upon nothing headed with title con-
tanning fictitious names defendants, when 1t had not
even been made TO appear by the papers upon which the
order was made that any person intended TO De repre-
ented by such names proposed threatened or designed
IN refuse 10 receive the proxies mentioned In the order
or that they were doing threatening 10 DO any ACT
which entitled the plaintiff Lane. to such relief or any
relief or which would in way iniure him. Ihe game
is transparent Then the arrest OF Sherwood speaks l
itself and il the worthy members OF the Court here need
even more subsantation of guilt let them look at Bar
nards confession in discharge OF Sherwood admit
ting that he had not been in contempt
SUSPICIOUS DISAPPEARANCE OF PROOF.
When the testimony Of Sherwood was concluded, the
managers called Richard c. Beamsh, the CLERK OF the
Chambers branch the Supreme Court to produce the
hooks OF Judges ngaham Barnard aud Clarke for that
Coprt in reference to the matters under consideration
The sensation produced in Court can be better imagined
han described when Beamsh replied tnat ne nad Deeh
unable to hnd them that in fact they Dad been miss
n ever snce he produced them before the judiciary
Committee at the Fifth Avenue Hotel This Is tho frst
suspicious circumstance indicating iou pihy aIng t @
veght with the Court OF course, 10 give me accused
the benefit of doubt II may possibly oe Garc that In
brought before the Committee THESE DOCKS nave
been Insald, and finally lost iet u is an
at this time, and furnishing such convincing proof
against Barnard, should be the ones E 70 as us
nnear and IL s impossible to explain why II lost, the
Spder should not returned them long ere THIS unless
erested p the result Of the trial. Beamish Is known
70 he firm supporter Of Barnard, and has more than
once expressed the strongest indignation at certain OF
the nroceedInrs instituted help convict his patron
Mr. Miles stated the Court, on behalf OF the Com
mttee of the Managers that all these books were re-
,ned Inv the witness and OF them ever taken pos
ession of by the Committee, last winter The books
were large and IS in number and the problem at pres
WI - Whether this large mass walked away by itself
was singled and left lying on the table when the
CommIttee left the rooms, or was spirited away Dy
pcrson or persons unknown. 80. .
BEFORE the next called, Mr Stckney offered
In evidence four kilograms which passed between
barnard and Coleman the 9Th OF August. Mr. Beach
rrouested would defer 1t until MI Barnard came