The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-16
THE JUDICIARY CONN!TTEE.
The Charges Against Judge
Barnard.
Examination Of Number Of Wisnesses-Presi-
dent Grant and the Lats James Fisk. Jr.-
Samuel ]. lilden Counsel for Erie.

Tie Judiciary Committee resumed the exan,ina-
ton OF Tie charges against Judge Barnard yesterday
morning, at ten A. NJ. sharp. The attendance OF all
the members of the committee does not appear to
be necessary N order proceed with business, and
yesterday Mr.. Prince the sole representative OF
the judiciary present, and he occupied the chair
and
JUDGED THE JUDGE
without tie assistance OF any OF his learned col
leagues Phc point OF law raised DJ the counsel for
Jndee Barnard as 10 the legality OF accusing an
Gnic,1l with misdenesnors which are charged TO
have been committed previous to Ms having taEcn
the Oalh oi ONCE has caa sc,i considerable Discus
sion, and VIII probably be argued to-day by the
counsel on both stes.
sessrs Sickney ANA Parsons, Of Tho judiciary
Committee, we q AT their seats early, aud the
rival Of Judge Barnard, accompanied b., his counsel,
Rufus Andrews ana George TicSnsr Curtis the
CcMalTIEE OF ONE
proceeded 80 bu inc ~ The first witness pnt on the
stand was MIR. Andrew Boardman, OF The firm OF
Benedict !, Board man. lawyers, in this city. THIS
was brought up III order 10 prove that Judge
Barnard MAS IN the habG OF showing improper
Iavorilism regard u me ordering OF CHARGES TO
members oil the egal profession concerned i'll
cases mat happened to come under his jurisdiction
The case In question: was one known as Elmcndofr
vs.. savage and ne, IN which tie witness
was subsidiary to another case Of Savage against
Kane, which was tired in july 1896, but was not
concluded unll may, 1870. III the coparnersnip
SUIT OF these parties Mr. u. o. Ingrahan Jr., was
appointed receiver. Out OF the funds coecred by
receiver II appears that Judge Barnard ordered the
firm OF
CULVER WRIGHT
the sum or $1,5cl and Ingraham's counsel fee OF
S61o. Witness argued against these charges, ami
moved 70 open the decree. Terence Farley and
@es fnas ne s s
in made LOT more inan the whole
was asked by RUFUS Andrews whether he knew that
"'es.n He was then asked il he knew tnat the
Court 0i Appeals and the General Term OF the Su-
and he said ne did. MIR. Andrews then
SAID, "Did You appeal IRON the order to which you
iaSsnter Inc witness was shortly aterward s
missed. The next witness put Oh the stand was
D. sa ses Of TIVE legal pro
IN the profession. This witness, 1t appears. was
mixed up III some Eric suits during the time OF the
CONTEMPT OF COURT
under order OF arrest issued forthwith the w.t.
ness gave delaIicd account OF the trouble during
the time OF election OF directors Tor the New York
and Pennsylvania Railroad. -Messrs. John Doe aud
Richard Roe were inspectors Of votes. There was
adispute as to proxy vote on co. shares. me
and elected witness secretary. While in that onice
had the dispute about the books.
the firm Of nassett Redaeld, who testtfed ia re-
gard to the Albany and Susquehauna charges
against Judge Barnard.
mr.. Stevens, q clerk In the employ OF the Erie
road also testified upon the same charge, AMI re-
mempered accompanying
the night that he was appointed receiver OF the
Albany and SusQuchanna Railroad.
Mt. Cole, o; the Grand Opera uouse, was the next
witness examined, and testified as to the leases OF
some property OF FlsK's Twenty third street,
and also as to the ploprctorsnip OF No. 3i3 WesS
Mr.. Cole was followed by Chief OF Detectives Jim
Irving and cX-POlicc Commissioner Thomas Acton,
who were required TO testify in regard to one or
the ne,, charges IN , wnich Judge Barnard was was
men who had been arrested Tor Illegal
registering. Messrs. Irving and Acton both
testified That the men in question had been arrested
without any warrant ana mad been brought up be.
fore Judge Barnard at his private residence, and
MI. Thaycr was then called TO the stand IN refer
ence 10 tue case OF B0we5 against Dun, IN
when me witness was counsel Ior, the
witness, tne different offers tnat had
esn made S for the a 5es BY 81 n Of
thousand dollars and how It was finally leased 10
the present lessee for $4,000. Daring the examina
until haii-paSt seven
After Inc committee OF one. Judge Barnard ana
counsel Messrs. suckney Parsons, ana the seve.
raj stenOgraphers, Constituting this
COURT ON IMPEACHMENT
nad INDUCED IN their evening meal they returned
to the field OF their labOrs and commenced bust
ness with the examination oil no less person than
pcared to he IN perfectly easy state OF mind and
not at all dismayed By the august Judiciary Com
ullttee, WHOSE I0rCcS Oy tlinc Decn C0nSlu
erably ausmented by the arrival OF Mr. Niles.
The counsel for the Bar Association commenced
z. What was your business III the year 1869? A.
was President OF the Erie Railroad Company.
q. Did you then know OF the proceedings Snat
were taken to appoint James Fisk, jr, and William
Coulter receivers OF the Albany and ,Susquehanna
Railroad vonpany' A. Yes, sir; believe rcmenl.
q. what do you remember in connection with
tnat anairY A. Iremember that was called upon
10 sign bond; they Told me 1t was ssary to
sign DOtl. signed II.
Q. DO you remember what was the amount Of
the pondY A. am not sure.
q. DO you remember anything more about it9
A. No, SIT Knew nothing more about It untll a
ew Gays G when s reaa tine news
sion Of the Albany and Susquehanna Railroad.
Q. DID You give any instructions to your counsel,
MeSsrs Field Shearman as to what Judge they
should apply 10 get the order for receiver signed. A.
No; except that think advised them to apply to
Judge Clerk, as l thought he was friendly TO MIR
: Q. Was Judge Barnards name mentioneds A.
q. Wnen did you first learn that Judge Barnard
had granted the orderY A. did not know until /
O. Did You see Judge Barnard ana Nj. Fisk to-
getner that dayY A. NO, sir.
O. Have you ever seen them together? A. Yes
have seen Judge Barnard IN Mr. fisk's box at the
@ VINO else were in the ooxa A. / do not know;
saw Judge Barnard there once.
order was granicd9 A. No. SIR.
Q. Do you remember anything about any tcle-
graphic dispatches TO PoughkeepsieS A. No, DO
not.
The counsel for the Bar Association here con.
cluded, and Mr. George Ilcknor Curtis, one OF the
associate counsel for Judge Barnard, took the Wit.
ness In hand.
q. You say YOU saw Judge Barnard In q private
box with Mr.. Fisk ut the Grand opera House9 A.
Yes sir.
q. DO you remember what piece was produced on
the stage that night A. am not quite sure.
q. Did you ever see the President OF the United
States IN that box win Mr.. FiskS A. Yes, sir, I
have (smlling as he aDswered.
Q. DO you remember the play that was produced
that evening" A. YES sir; AS well rs can remeni.
Der 1t was "Charies Malley," with the cavalry OH
the stage.
Q. Did you employ any other counsel beside
Messrs. Field and Sncarman In behalf OF the Erie
Railroadf A. employed several Others
2. who were theyY a. | had John Carson, OF
Buffalo, Judge Divn, OF Elmira, and Samuel 4. TIL.
den or New York.
o. Whenldid Won retain Samuel T. Tiden Tn