New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-04-21
THE PROCEEDINGS.

Thomas q. Snearnlan OF tne HTHl Ol IiCiu
a shearnsn attorneys, testified: had conversation
with j. II. Conner concerning a contract in January or
February 1871 in the Ere Railroad binding; he came
" me with paper stating that Gould had a claim
against the estate Fisk for payments made I'M
der contract with Beden and Hays he wanted To know
whether Fisk signed such contract; said know
Fisk had ned the aud that it in favor of
BcIden; had no positive knowledge that any money
thus paid Beden intended for Gen. Barlow, nor
that the contract in any way in favor OF him l
believed, however that such was the case-but 1t was
merely belief; got my Information from Fisk Could
eden and several other whose names have not
been mentioned IN connection with TINS matter ana as
they are clients OF mine decline to them also
was Informed of il by Simon Stevens; GOulds state
made IN conversation IN the early part OF
1872 he spoke the with Belden and Hays In
connection with Acknowledgement Barlow; on several
subsequent occasions he referred TO the subject but
never encouraged any conversation about 1t on the
uight before the coup dGt be again referred to IT, and
said he could get the Attorney Generals name to suit
any time aferward, when the Attorney General had
begun suit against Gould and Lane Gould called on me
said that there must be some mistake, and that
Belden was going to Albany to have the matter txedj
Ihe words Gould used in relation TO Gen. Barlow Were
mat he had fixed him" or that he would fix him;
he impression / GOT from the conversation was
chat he was bTibing Gen. Barlow; l SPOKE IN
very contemptuOus manner Of Gen. Barlow
and OF the whole transaction; made no
very strong objections it, but merely gave NV private
spnon Of It; said that should continue ~ ny oM
way 70 fight the ArtOTneyGeneral dld not give my
hat when he was With Gen siekles the received
sleter from Gen. Barlow making demand Tor large
sun of money 100000 believe II was stated 10 me by
another person IN the presence OF stevens ana ne
agreed 1T the other person was David Dudley tled
this 100000 for services rendered during the change
Of parties in the management; received all my H.
formation from others; have never spoken TO Gen.
Barlow; the answer to the letter REFUSAL went 10
TompSnV. spesking before committees / decline TO
VII IOd by Mr., BclQeu until him
N the latter part OF November OF uhe alst ol
me Erie building, and told me that Fisk
wished TO make a contract with MIN OF very
peculiar character and desired that II should be very
carefully drawn. as he wished TO show 1t to thrd per
SON by III flsK Iou9, anu O1hcdS NJ ~ r occ 30
ton should clear them $4,000 per annum, and until
such business provided Fisk to pay them 5000
monthly In advance was struck WIN tie PeIuar na
the contract and asked what business they were
going to agree to- but could get no Information; FISK
said was an right and that was to end on ten days
hotce so prepared draft OF the contracts had not
concerned al all IN il took the paper to Fisk and he
signed it; Gould had nothing TO do with the making Of
Gould the existence Of the contract at that ume
understood from Stevens that be had learned OF money
coming 10 Gen. Barlow from person whom
the latter employed but Stevens did not youch for II;
Wheeler H. Peckham was the person he referred 70 |
stevens said that he foreman Of the Grand Jury
came TO him and told him where ne could get
the about the $4,000 paid as fees and that he went
al search for them; the next morning TIE Grand
Jury was called into court and discharged PereinptG5
NSsTtnS minated to me that lie Knew what dispoeton
smit6:,tbey were having very hot fight the
nations nd tue money in just In time TO secure
The nomination Of sun Tn; Watson told me that friend
Of Gen Barlow had Deen 10 him and suggested that IL
wond be the right thing in consequence OF the services
rendered 10 them by Barlow TO give him retainer
IF $1,000 perhaps; Watson peremptOrIy declined; |
tbcr pefson except Could went to Albany to fight
cen Barlow before the Committees both the Railroad ana
Judiciary Committees; charged GenBaFlo WIN ann
ang secretly with Judge Barnard while he was making
public attacks upon m opposed s W9a hs T eS o Ss
classification act providing for new election OF oihcef
zen. Barlow mad been urging very strohgH al puoS Tue
ssage the bills adverse TO Could the AtorneyGen-
sra stated the judiciary Committee OF tue Assembly
hat useless for nun 10 90 any thhg iu lne matter
lnt he had secured the passage OF the AtorneyGen-
sra's" bill. when every man In the Legislature knew
nat II could never pass do not know that any connec-
exists between Beden ana Cen baIlo" tnat mOu'4
influence either swear falsely TO save the otheri
never heard in way that Beldens contract had any
connection with coal contract with Fisk nobody ever
old me directly that money had been PAID 10 Cen Bar
.ee6 Al 6 zoo which Included the schen aud Wander
o suits the ordinary legal expenses would amount 70
sny work as counsel, but have seen him in con-
uItaton with Gould about bills pendngi 40 not know
d placing the extra legal expenses under the cOhsTuc-
ion account cover them up IT was IN december
ow; received for my services $1,000 per year WIN
ssxas for over office work, making IN an perhaps SI''oO
Der annum "a that myself personalyi my nIm re-
eiyed for services generally about 5000 10 s4VVU per
year making total OF s5OOO 10 700 Ior an oIr a "
hree years s250OO could not swear that we dlu not
,eceve that amount cannot state any legal services
rot think they were paid TO him his personal nfu
snce but for disbursement; think 100000 or $4,000
oud be a very large for any services that Barber
rendered 10 the Company my Impression was tnaI me
payments Barber for the purpose Of Influencing
Tbs witness explained the error in reference TO the
alleged payment OF $4,000 10 Samuel j. lnden only
10000 had been paid hun, hut two vouchers iOI Inc
amount had been out Of which had never been
MINOR TESTIMONY.
The Hon W. W. Goodrich made statement In rela-
non 10 the 81 900 paid TO him by the Erie Company 1t
was not paid till after he had ceased to be member OF
he Legislature and then legal fees by Mr. swan, for
Leryices rendered at Albany
Justice Downgof the TOmbs Court had no knowledge
of any money being paid by anybody TO any person for
any service whatever Gen. Sckes had called upon him.
thinking be had some influence Win MI kelsO, ana had
asked him 10 Superintendent Kelso 10 do his duty IN
protecting the directors in session 81, 49,
SUPERINTENDENT KesO said he had no knowledge OF any
unIs money being expended Tor the overthrow OF the
Gould nm mas e SefP ssS s sa' S1
ala his duty in preserving the peace Detween ne paie
Giovanni p. MoTOsni, recently Auditor OF the ERE
Railroad, testified kept BOOK CONTAINING iegai ea-
,enSe. merely memorandum different IRON the gen
.ra books In which they all appeared Kept TINS f9r
my own convenience, as so many INQUIRIES were maae |
for those particular aceOuns nave seen vouchers LOT
large sums Of money 10 Tweed and Barber they regu
IaTy 20 into the construction account never heara any
bdy those payments TO Barber or tweed were
for on AP 70 Gov DIX ana got his receipt for them
30 not think that dividend could have been declared
,say: IL Is not possible 10 reduce running expenses
SitIout letting the Company run down.
TESTIMONY or JAMES II. RUTTER.
Ya,oos II Rutter General Freight Agent Of the New
-, CENTRAL Railroad testified was Assistant Cen |
-, t,e,obt Agent OF the Erie Railroad in 1874 knew Of
t pro Rata Freight bill which was before the Legisla
-. I WAS in Cleveland at the time, and received |
d,snateh from Mr.. Archer, desiring me to come to |
aanv Al once did 80, and arrived late at nigh1 and
Srcber in Mr. Vanderbilts room, at the Della
Iou"I Ii I I was asked by Mr. Depew. VINO was
nan what thought Of the bli ana sara ~ YOU'D
axe tnS ti New York railroads aftsrward appeared