The New York herald., 1872-08-02
Judicial DecOrum at a Lunch
Table.
Laughing Over the Ludiorous E,E
feet of an Injunction on
Railroad Directors.
A United States Commissions
er's Fears.
"A Set Of Damned ScOundrels" To Be Driven
Out Of the State.

SARATOGA, August l, 1872
The Court met at ten A. NJ, with thirty members
present
The prosecution called General +. p. Blair, wits
was sworn. He said I'm the spring Of 1869 was
united States Commissioner to examine the Uni0A
Pacific Railroad to II II was In a sound cOndl-
ton the election Of directors was to take place In
March, 1869, but 1t was arrested by Judge Barnard:
saw him on the afternoon OF the day Of the cleo
ton; 1t was In the lunch room Of the Ast0r House;
there were about dozen persons there; was
there when he came in; think he came in alone:
soon efer he entered he made statement regard
ing the election; he said he had given an order b
restrain the election, and he gave laughable do
scrpOn OF the CONSERVATION Of the directors ut tho
condition they were placed I'M he was grotesque In
his manner describing the affair, and NO
were all amused at it presume oil present wore
acquainted with the Judge; he also said after Civ
Ing the description, that he had driven one set Of
damned scoundrels out Of the State and would drive
out another; his manner then was more serious; Z
communicated this to several Of the officers OF tho
company; regarded 1t as menace to them, anl
considered it my duty to warn them.
LAUGHING OVER MISCHIEF.
Cross examined by Mr.. Beach, did not under
stand Barnard to say he was present at tho scene
he described; 1t Is my recollection that he was do
scribng the scene as described to him he CIV
ing ludicrous description OF the affair; remart1
were made by persons present; the description was
laughable In Its effect on the bystanders 1t was In
mimicry the Judge acted out the manner and con-
sternatiOn of the dircctors 1t excited much amuse.
ment I think 1t was the desire and intent Of Judge
Barnard to excite amusement; hesitated some
time, and 1t was only after consideration that [
came to the conclusion that the Judges remark
about driving certain persons out OF the State was
serious enough to inform the company; was In
doubt a first whether he was serious in the threat;
was not acquainted with the business OF the con-
tracts for building that road; had heard a great
deal about those contracts before this occurrence In
q general way; had understood the railroad man
ayers had contracted with themselves; that there
was an organization known as the Credit Mobilier,
consisting OF themselves, and they thus contracted
enormous sums OF money; 1t was also said that an
MEANS DERIVED FROM THE NATIONAL GOVERNMENT
had been absorbed by these contractors; do n0t
think ever heard that millions of dollars had been
drawn by these contractors before any OF the road
was constructed: this could not be done II tho
Commissioners did their duty; there were three
Commissioners; was not one of the Commissions
caused by the death OF General Curtis; remained
In this position until was turned out Dy General
at event vs e PSs s
of President Grant.
witness said he thought he correctly stated be-
fore the judiciary Committee that Judge BarnardS
l cannot tell when heard the allegations against
the road first, but think 1t was some time after
sns ny
did not Keep myself posted as to whether the
stock Kept up IN I the I market; Tss l heard taa:
receiver; do not recolect Of ever hearing Of do.
cline prior to that time.
the road were members Of the Credit MObier
TO Mr. in impression Is that JTdse
| to him by the 0fficers serving the order.
RECORDS OF UNDERTAKINGS
| Richard c. Beamish was recalled and said he had
| brought an undertaking book for 1859; he said n
| was a file of undertakings in the Supreme Court
from the 10th Of April to the slst OF December.
the orders and receiving undertakings Justice In
| graham held the Chambers on the 4th OF August
entry @ Of an Sndertaking G i'm in the Gas case Of Chase w.
| The Susquehanna Railroad; find 1t on the bottom
sag that it nS' IS m IN eed
while the others are In black; cannot explain
Why this Is s SO It Is written BY the same clerk ycs
| 3d OF August Is also In red ink; find other
tries in the same way; It is not the prac.
later than the date and the clerk wanted to put
them under a certain date; thus he was Obliged 70
ber flnd no undertaking in the case Of Fisk
against Ramsay; Justice Clerke held Chambers on
that day; down tin then Judge Barnard held
day Of each month; the 9th was the first Monday Of
the month
Cross-examined by Mr.. Beach--It frequently
happens that while one Judge Is holding Chambers
In the ordinary room, another Judge Is holding
Chambers in another room; think this was tho
case on the 9Th Of september; Judge Barnard held
Chambers all through August; there Is a law
M 10 o naVe rsceyeS
dertakings month or two after the order
was granted; Judge Barnard has performed the
or ten years. he has done such business tor other
Judges; have examined the records, and ind that
Judge Barnard has issued between
TWENTY-FIVE AND THIRTY THOUSAND ORDERS
In the Chambers during the past eight years; find
alimOny was granted the wife being the defendant;
1 find no such case In which Judge Birdseye was nm
m ms ad ss tne
thirds of the orders issued by Judge Barnard which
were appealed have been affirmed:
70 Mr. ParsOns-Judge Barnard does not hear
motions in the Chambers before twelve o'clock
cannot say that Judge Barnard procurcs for himself
larger share OF Chambers business
To Mr. Beach, do not know as l. ever knew OF
wife, defendant In divorce case, being produced In
Court; l never heard the remarks attributed to
Judge Barnard by Judge Brdseye; was always in
attendance at the Court and always heard what
Judge Barnard said.
TO Mr. Parsons-I have an ONCE adjoining tho
Chambers room; have heard lawyers laugh whilo
in there; cannot remember hearing any remark by
Judge Barnard which caused the laughter.
To Mr.. Beach, never heard Judge Barnard make
from the bench anv vulgar or Indecent remark:
have heard other Judges make remarks which
To Mr.. Parsons-An the remarks I have heard
from Barnard were delicate and decorous
THE RESPONDENTS CASE.
Mr.. Beach said the counsel for the respondent had
concluded, on consultation, to omit formal OPEN
ing, and would proceed to call witnesses.
George V. Thacher, Deputy Clerk OF Albany
County, who had been subpGnaed to produce ccr-
tain papers, was sworn and testifed:- IL remember
the Fisk VS.. The Albany and Susquehanna Railroad
suits; have made search for the papers, but could
not find any; know there were papers on filc bus
was unable to find thcm
counsel asked for attachments for William l.. ~.
Phelps, Walter s. Church, J. W. Van Vakenburgh
and John Mcnamara, Witnesses subpGnGed 10 ap-
pear this morning. but who were not present. At
tachments were granted.
Mr.. Beach stated that they had subpGnaed over
twenty witnesses to appear here to-day, and only
one was present. Ii would not be advisable TO cx-
anime him to-day, as II would be on q detached
matter, and would not facilitate the proceedings Of
the Court. He was greatly embarrassed and did
not know what to suggest; he would therefore
lea va n IN the (Ourt To decide what wac RI h doo