The New York herald., 1872-07-24

Three Each Day.
SARATOGA, N. Y, July %, 1872.
The Court met at ten O'Clock A. M, with thirty
three members present.
Mr. Beach rose and said he had received a letter
from George Ticknor Curtis stating that he (Beach)
was right In declaring that he (Curtis) had not
withdrawn as counsel for Barnard because he
(Barnard) would not, at his suggestion, resign.
Mr.. Parsons. of counsel for the prosecution, pro
posed to put In evidence the answer OF Milard,
counsel for Nyce In the case alluded TO by witness
tMillard) yesterday, being the suit OF Nyce W.. The
Erie Railroad Company.
Mr.. Beach objected to the Introduction Of the evi-
dence as immaterial
The Chair decided it was incompetent, and Mr..
Parsons withdrew it. Mr.. Parsons next offered the
summons and complaint in the same case. Mr..
Beach objected to its being offered in place Of the
testimony yesterday, but wOula not object to its
being offered as additional evidence. This was
agreed to.
Mr.. Parsons next offered the undertaking on OBJ
tanning the injunction in the same suit.
Edward M. Plum Deputy County Clerk in New
York, was swOrn-I have produced all the papers
on file in the case of Nyce vs.. Erie Railroad Com
pany; one Of the papers was ordered to produce
was the original order Of Injunction; cannot say
whether have produced that paper; have pro-
duced all that were on file. Witness reeXamined
the bundle, and said he was unable to find the
original injunction order. Counsel then asked to
put in evidence copy which witness (Mr. Milard)
yesterday Identified as copy.
Mr.. Beach said there was no objection to this.
Witness cOntinued-I was also supppnaed to
produce an order made by Judge Barnard on June
l3, 1870 IN the same suit.
Witness was shown a paper, and said he pre-.
snmed % n it was copy made ,, from that on file.
dence, on the ground of its incOmpetency.
The Chair decided that the evidence was compe-
tent
Mr.. Beach then objected to it as being unverned
Mr.. Parsons showed witness a paper issued on
June o. and asked him II he recognized 1t signed
by Judge Barnard, and he answered that he did
Witness was then asked II in il the order OF June
13 was referred tor He answered that he could
only presume SO. The two papers were filed to-
gether and that made 1t presnmable that they
sferred to each other.
The Chair decided that the evidence was incom-
petent, as IL was not verified In the legal way.
Witness continued He could no; saw he was
subpGnaed to produce certain atdavits on which
was based orders by Judge Barnard; he had pro-
duccd all the papers he could ind In the suit; the
order of June p was special term order: all am
davits and papers in such cases are filed with me,
and should have been fled inside this order. A
JOSEPHINE MANSFIELD
was called to the stand and was sworn and ex-
amined by Manager Niles-I reside I'm New York at
1863 West Twenty-tbird street; know Gerge G. Bar
III Tie spring OI 1865 resided lOr time Ill
Jersey City; James Fisk, Jr, was there; cannot
say there was Erie Railroad litigation OF my own
knowledge; saw no papers ia such case; left
there In the latter part OF April for New York; /
went to the Clarendon Hotel and stayed there four
weeks; then went to Is West Twenty fourth street;
Did you there see George @. Barnardg
Mr.. Beach objected, as minaterial and irrcle-
want.
The objection was overrued and the witness an
swered In the Affirmative.
Witness was asked how often he was there.
Mr.. Beach objected to any question Of social
character.
Manager Niles said he did not propose to inquire
into the social relations OF the parties but only
Mr. Beach had no objection to that, and the wit
ness answered she could not say how Often per-
haBs seven times; sometimes he would come twice
q Week the Erie Railroad Office was downtown
then; during that year James FISK, Jr, was there
nearly every day.
was there.
Mr. Beach objected to the question as immateriaI.
Mr.. Niles said he proposed to show that Morgan,
Gould, Fisk and Others met there
The question was allowed, and the witness said she
saw Morgan there several times; not as often as
In her house in Twenty third street; did not see
him there quite often; have seen young Dudley
Field there; have seen Jay Gould there.
The question was objecled to by Mr.. Beach.
Mr. Niles replied that he proposed to show that
THE UPTOWN PLACE OF BUSINESS
for these parties.
Mr.. Beach-what Of tbat9 What has that to do
with Judge Barnard He objected to this kind OF
scandazing parties not here before the Court.
The President-The Court suppOses that the
counsel proposes to show that certsin papers were
signed at this house.
Mr.. Beach, beg pardon; the counsel has uot
yet so said.
Mr.. Niles said he laid no stress on the place, and
did not propose to scandalize any one. He might
slfOw that papers were signed there.
The Chair allowed the question, and witness pro-
ceeded, and said she had seen Jay Gould, William
mot present to her knoWIedue when an order for Ir
the books Of the Erie Railway Company was given;
remembers something OF an expressman being sent
for books.
Mr.. Beach objected to this testimony.
Mr.. Niles said he proposed to show that the order
issued by Judge Barnard to seize upon the books
was sent from this house.
The Chair suggested that the fact should be first
proved. 1t was incompetent at this time.
Witness then said she knew OF Fisk
PRESENTING JUDGE BARNARD WITH $1,000;
said to Judge Barnard, "Your little boy has had o
nSs sad % sad thsa sand
he afterwards came over to the house and showed
me the book, and It was $1,000; | think Fisk
ing that present; Fisk had told me the
amount was $4,000, but when Barnard asked me
who told me 80 did not answer; remember going
to Albany once with Fisk and think 1t was when he
went up to take possession the Albany and Susque
hanna Railroad; do not remember when he came
not s ae Sen o
ceived for Judge Barnard at my house, nor
OF any sent; James II. Coleman was never in
the house In Twenty-lourth street to the Jerome
House; removed into my house in Twentv-third
street In 1896; have seen at my house I'm Twenty
third street Morgan, Fisk and Barnard; that was
little over half block from the opera House;
Fisk had q private box in the Opera House; do not
know as have seen Barnard In Flsk's private box;
have seen him In the theatre with his family;
have seen Fisk and Barnard at my house
in Twenty-third street; have seen them on New
Years receptions; never have seen them with
others connected with the litigation; never saw
Judge Barnard there with Jay Could; Barnard and
Fisk never took supper at my house do not know
as they often iined ut my house at night; we never
dined at night; do not know a. they often took
supper, as never gave supper; they never took
meals there except at times gave dinner;
risK WAS NOT DRINKING NAN,
and Could not have taken wine with Barnard;
was at Albany at the time the others were there,
and at that time I understood m election for d.
heid; think it was about three days before the
eIscti0n; do not know whether large number Of
people went up with us think saw some lawyers