The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-07-28


succeeding; he denied the application-that il, he
delivered an opinion on that day to that erect;
then about the 10th Of March the order denying the
the day for electing directors was liked by an act
Of Congress- that day was the 10th Of March,
restraining the election issued by Judge Barnard;
the stock was held all over the country;
the Inuncton was Nv" served on the morning Of the
election; no votes were taken after the injunction
was served on the inspectors though over two
service; the next proceeding was the arrest under
an order issued by Judge Barnard OF several gentle
OF his e next step was an to
show cause why receiver should not be appointed;
all the proceedings were had before Justice Barnard
none OF these proceedings were initiated by the
Union Pacific Railroad Company at the time the
order for receiver was issued; work on the road
was In full operation; the expense was very
large sum daily; sometimes constructing mile a
Mr.. Beach objected to this evidence.
The President regarded 1t competent, as II might
have bearing on the charge OF corrupt intent on
the part Of Judge Barnard.
validity Of the orders is contained on the face Of the
papers. He asked In all fairness, whether the
as 70 e on 'n With tha
could he know anything about the eject Of the dis
Mr. Parsons said II these orders were properly
and innocentl Issued then there was an end OF the
Se ease Is M
FORE held that he had right to show the effect OF
the orders, as well as to show that they were
illegal and corrupt 1t has been shown that there
was an intimacy between
FISK AND THE DEFENDANT.
II we can show that thew were Issued corrupty we
can also show their effect
Mr.. Beach replied, referring the points he had
raised The Chair submitted to the Court the ques-
ton whether the objection should be sustained ana
It was decided in the negatve-Yeas, Senators
The Witness NEUTRALITY-SUSPICIOUS. money to carry on
the work was raised in New York on the credit OF
the bonds OF the On tne 10Th q Marc ON
the 18th of March an order was issued authorizing
the receiver William Tweed IT, to break open zen
bonds &C.; also, on the same day, writ OF assist
ance was issued; when l appeared before Judge
to the United States Court, and was no longer
within his Jurisdiction; he paid no attention to
During the examination OF this witness counsel
read the complaint OF Fisk in which he claimed to
have bought large amounts of the stock OF the
company, paying therefor fifty-fve cents on the
dollar, which was the amount paid by other stock
holders; also that the Credit Mober had the let
ting and making of contracts, and the directors
were stockholders in the Credit MOber and in
that way large sums OF the cOmpanys money were
squandered; also other charges OF swinding and
mismanagement on the part or the directors.
Counsel also read the answer of the directors, to
the effect that the plaintiff had not paid as much
for stock as other stockholders that he
rendered 1fty-dve per cent, whereas other stock
holders paid 100 per cent; that they had no ar
rangement with the Credit Mobilier to build the
road that they had no connection with the Credit
Mobilier, and denying each and every charge OF
swindling and acknowledgement.
Witness prOceeded-An order was issued enjoin-
ing the company, among other things from remov-
ing from the State the bonds, which bonds were
used used Tor The purpose OF constructing the road;
to the United States Circuit Court, and Judge Bar
nard issued an order
Witness was examined DIT some length as to the
proceedings in the case and as to the various or
on Judge Barnard entered the Court for the first
time, and took seat beside his counsel w. A.
Beach and II. j. Reynolds.
Witness also testified to Judge Barnards saying
he had driven one set OF Id rascals out OF the
State and he would drive another.
ine the Witness re"d rom the arGSment Of D. D.
Field before Judge Barnard In opposition to the OBJ
servatons Of Judge Blatchford, denying the motion
for stay OF proceedings IN Judge Barnard's court
Judge Blatch0rd having expressed the opinion that
one out Of twenty-fOur defendants could remove o
cause from State to federal court. Counsel also
read the opinion Of Judge Barnard in the
case, in which the position OF Judge Blatchiord
Is also cOmbated, and In which his action Is
explained and argument made to sustain it,
He also read several other opinions in the case de-
livercd by Judge Barnard and then proceeded to
crOss-examine the witness.
Bell was my associate don't remember that Bell
said to me that II would 60 to Judge Barnard and
argue the application he would modify ms order;
don't recolect saying at any time that Judge Bar
nard was damned rascal; might have said he
Barnard, while on the bench, used the profanity
"damned;" Field was examining Durant at the
time.
THE CONDUCT OF BARNARD.
Witness then repeated his testimony as to Judge
Barnard saying he had driven one set OF damned
rascas out OF the State and he would drive another
he was repeating q remark he had made at the
Astor House for explanation; 1t was not an original
declaration the bench, but said in answer
to q remark by Durant that he had heard that he
(Barnard) had made the declaration and then
Barnard said he supposed he Durant) meant what
he "a
and which was, "a have driven one set Of damned
rascals out of the State and will drive another"
Counsel here occupied some minutes endeavOring
to get an answer from the witness as to whether
he handed 10 Judge Barnard papers containing o
motion.
Witness said he handed the papers TO Judge Bar
nard but he was not positive but he gave them TO q
clerk, who handed them to Judge Barnard.
Counsel appealed to the Chair for o direct answer
from the Witness and the Chair directed the wit
ness to answer "Yesr or mo"
Witness answered "NO."
The counsel then endeavOred to get an answer
whether he put the papers on the clerks desk or
In his hand, and after considerable effort got an
answer that he did not know where he put them.
Witness said that Judge Barnard made no further
orders after Judge BlatchfOrd finally decided the
case.
To Mr.. Parsons-Judge Barnard handed me q
bundle of papers once and asked me II there were
not some he could get rid Of; there was q
large number, and he wanted to know #
he could not dispense with some; i looked
them over and saw, among others, the papers /
had handed in, and told him | thought he ought to
keep ALL Ieel certain that the papers handed to
him reached him; they were In that bundle; never
had them in my hands from the time handed them
In until saw them in that bundle.
The Court then adjourned until Monday at ten
AN.
EIGHT HOUR TROUBLES.