The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-17
THE JUDICIARY COMMITTEE.
Further Investigations Of the Charges
Against Judge Barnard-The Com.
mittee Still In Secret Session
The Albany and Susque.
hanna Charges.
A QUESTION OF LAW AGAIN RAISED.


Fifth avenue. 1t ia really boon TO md some EN-.
poyment for the small amount OF brains with
which these gentlemen are afliicted. and little
judiciary gossip forms avery pleasant and plquant
sauce to their daily lunch OF crackers and cheese
on which they luxuriate during the intervals when
they are not inspecting the stock bulletin. 1t IL
really interesting TO watch the intense eagerness
with which these gentlemen scan the
latest despatch from the stock market, oc.
casiohally calculating. Erie strong 7" "Onio
ana MISSISSIPPI going upp .'Pacifc Mail
very shaky" &C., as If they each personally
were carving large line OF the above stocks,
Obliged to hang up the check for their breakfast
were, perhaps, indebted to some indulgent landady
for the comfort Of that m8tutnal meal.
There ID one thing about the Judiciary Committee
that displays proper appreciation OF business
hablts-that Is punctuality- ana at ten A. M sharp
they were at their seats and ready for business.
Mr. Samuel J, Tilden was also present yesterday,
and lent his aid to the deliberations Of Messrs.
Prince and Miles. MesEs. George Tcknor Curtis
and Rufus Andrews. The associate counsel for Judge
Barnard, and Messrs. Shckney and Parsons, OF the
Bar Association, represented the legal element
The first witness called was Charles H. Tweed, q
clerk In the employ Of the law firm OF Everts South
mayd Il Cnoate, who was examined IN reference to
charges against Judge Barnard. IN connection witch
the appointment OF James II. Coleman as re-
ceiver OF
10000 SHARES OF STOCK
In the Heath and Raphael suits. Witness testified
that Judge Barnard appointed James II. Coleman
receiver Of said stock, and afterwards Charles Rob-
inson to the same once; Mr.. Coleman refused to
hand over the stock. Witness swore that Judge
Barnard granted the order appointing James II.
Coleman receiver Of the stock.
Mr.. James II. Coleman was then put on the stand.
The witness testified to his having been appointed
by Judge barnard Teceiyer OF $4,000 shares OF Erie
stock, belonging tome English stockholders; after
receiving the appointment ne went to the Erie Of
flee; had the shares transferred to him, and then
took and deposited them at the safe Deposit Com
street; he shortly afterwards proceeded against
d also by Judge
the United States Court; each SUIT demanded the
instant
The witness stated he refused TO deliver up the
stock to either party and quietly awaited the issue
OF the conflict OF Jurisdictions; he held the StOck
until Judge batcntord, OF the United States Court.
made his decision, ana he then gave 1t up. MIR.
that up to the present he had received no lees for
his duties as receiver; Judge Barnard had granted
an order FOR his fees subject to the approval OF the
Mr.. Thomas r. Fox was then called This witness
is telegraph operator at Poughkeepse, and he was
examined III reference to the telegraph despatch
which 1t is alleged was sent by James Fl. coleman
to Judge Barnard ON the 9th OF August. The wit
ness stated that no Sucn despatch had passed
through his HANDS, ana 10 the best OF his knowledge
nothing Of the kind came over the wires to POugn-
keepse.
the examination of the next witness. Mr.. Robert
Reuter-, occupied very short space Of time and did
not Drlng to light any evidence OF an important
Mr.: William Morgan, the confidential attorney of
Messrs.
FISK AND GOULD,
was then put upon the stand and examined to some
IN reference 10 the Heath and Rafael suit for
the 900 shares OF Erie stock. The Witness did not
throw much light on This dark subject, saying that
he only mixed up in the AFFAIR far as the Erie
W n-tn or had nUnrR
Gated with Judge Barnard upon the subject.
The next witness MI George Fowler, an oil mer-
order granted by Judge Barnard which appointed
FISK and Coulter receivers OF the Albany and Sus-
quehanna Railroad. Witness stated that on the 6th
House and met Mr.. Surfing, OF the firm Of
Fields 4 shearman: Mr. Stirling was was getting
where he was going, to which Mr. Stirling
replied, "a am going TO look for Judge Barnard or
some other Judge;'' witness then SAID, II saw Judge
Barnard few minutes ago; think he has gone
into No. 3l3 West Twenty third street,
Y. Did you 20 with him there a. did.
| O. VINO was living IN that house A. | think Mr..
Ford: 1t was only partially furnished.
| Q. What was 1t used ior' A. believe Mr. Ford
were in the habit OF going in there to sit down and
smoke.
q. When you saw Judge Barnard was any one
! with him? A. saw no one.
O. when you went In with Mr.. Stirling who was
| In the roomY A. Judge Barnard was there alone,
| sitting down, smoking cigar.
Mr.. Stirring then stated to Judge Barnard that he
|
would like the Judge to perise the judge took
the papers, and, after glancing at them, asked Mr..
Stirling to read them out aloud; he then read them
himself, ana few minutes afterwards
SIGNED THE ORDER
which appointed Fisk aud Coulter receivers OF the
Albany and Susquchanna Railroad.
| q. Have you mad any communication with any
one about this case Ia any manner whatsoever A.
| q. Have you had any communication with Judge
Barnard or any OF MS counselY A. None Whatever.
| z. When ala you see Judge Barnard last? A. 1
|
1859, the day he signed the order.
q. Did you have any communication with Mr..
| Rufus Andrews or MI. George TlcknOr CurtisS A.
| None whatever.
The next witness put on the stand was United
was to testify In relation TO charges against Judge
Barnard Tor offences that are said 10 have been
committed in 1865, prior to his taking the oath
OF Office for his present term the question was
raised by Judge Barnard's counsel TO the right OF
ON sunn charge The COMMITTEES i acceneI Inn @
murrer and decided not to proceed with the ex-
| ANIMATION OF the witness until they had lu meet
ing and had come to decision upon the right or
| wrong OF the question.
Mr.. Rufus Andrews here cited several cases Of
| speaker OF the House OF Assembly a charge was
| made that he had received bribe OF $3.50. Ills
occurred year prior to MS election Speaker. Inc
case came up before the Assembly, and they de.
clded there was right 10 convict hum past
impeached in 1870 II was commended by Henry
Smith, counsel for the Judge and now Speaker OF the
House. that they had no right 10 inquire into any
charges that came up before his present term OF
Ofice. In the OF o. Is. Mattison member OF
Congress for Oneida county, who was alleged 10
have been guilty OF
BRIBERY AND CORRUPTION,
in some OF the Western land swlndles, IL was con-
tended when the matter came up that the various
acts with which Mattison was charged n nd been
committed prior TO his election for MS second term
OF Office. Able arguments were made and English
authors and decisions cited To show that here was
no right to examine into charges alleged TO have
been committed by Mr.. Madison prior to
his election his second term Of ONCE. The ques
ton, however was never decided as Mr. Madison
resigned, and returned TO his constituents at
oneida.
from Mr.. Davenport ia reference TO certain
acts OF habeas corpus granted BY Judge Bar
nard in October, 1seS, simply because the
counsel for Judge Barnard wished 10 show that
Judge Barnard did not deny the granting OF these