New-York tribune., 1873-03-19
therefore you will regard the balance remaining n your
hands as Your own fee and thus close the account.

hands as Your own fee and thus close the account
~ w. ID. f. SICKLEs.
Mr. Barlow, in reply, submitted statement OF the
exnendtures made by him which, after including several
items Of contingent expenses and payments 10 counse
OF 5000 to Mr. TremaiD, $500 to Mr Haze hooo 10 mr
souhmayd and $500 to Mr. McFarlane. left balance OF
SO7 which was remitted by check to MI sckes III ao
dton to the $4,000 received from the sckes party OF
English stockholders Mr. Southmayds party sent Noo'
which was paid to Mr. Carter. In defense OF bis acoh
in refusing TO any extra compensation for his ser
vices Gen. Barlow cited the laws Of 1872, vol IN wheh
the authorized to accept costs ana
10 apply them TO the expenditures OF his oce account
ing for the money so received to the Controller at the
end of the fiscal year. Regarding Gen. Barow's con-
necon with the Erie Railroad he desired IT to be under
stood that he had no connection with any other than
the English stockholders.
Regarding Mr.. Smith, the Speaker OF the Assembly,
who employed counsel, it had been decided by
Gen. Barlow and his associate adviser that on account
Of the complexion OF the judges then sitting in New
York. the OF the should be charged to Al
bany and from previous connection with the railway
suits against the Erie Railway Company and the Albany
and Susquehanna suits, the selection was made by
Messrs Smith, Tremain and Hale the best men TO be
employed counsel in the The first conversation
with reference to their employment took place In De
cember aud as Mr.. Barlow went into office and
the money had reached him to pay the expenses, Mr.
Smith was retained counsel in the JAM 1872
and only to the litigation and not with ref
erenee TO legislative action. AT conference
held in Albany on Jan. 4, In which Messrs.
Hale Tremain, r. W. Peckham, jr., and Mr. Swan took
part IL was noted that officers Of railroad companies
who could removed by judgment could be suspended
at the beginning of action against them for fraud or
malconduct in Office, and that legislation to accomplish
this would be necessary the repeal Of the Erie CLASH
cation act would leave the present managers stil In
office. bill was therefore prepared and Messrs Hale
Treman, and others argued 1t before the Judiciary
Committee While the preparation OF the Dill IN equity
was going on inquiry into the contracts made by the
officers OF the Erie road instituted II was found
necessary 10 procure large amount of evidence, and
Gen. Sharpe was employed by Mr.. Sickles as also Mr.
Seymour formerly State Engineer, TO obtain the
evidence.
The reasons given by Gen. Barlow for the delay in the
commencement Of the Erie suits were that Mr.. South
mayd had the charge Of the drawing OF the BILL and the
object of the litigation being to the men then in
Office it became necessary to have them suspended from
office by legislative action, and at the request of Mr.
southmayd on the sd of April suit begun by the
service Of summons upon Jay Gould, Fred A. Lane, and
upon the Erie Railroad Company by service upon Gen.
Dix the President. Mr.. Sickes did not like this, and
the suits at his request discontinued The test
mOny gwen by Gen. Barlow tended to show that the
sudden change in tho conduct of Mr.. sickles was
consequent upon the sudden accession to power
Of his friends by OF the sickles coup deat and
that Mr. Sckles had notified TO Barlow that they had
already recovered over million of dollars, and that
they would recover more. No evidence OF Importance
regarding Mr.. Smiths connection with the Erie Railway
legislation was elected but the impression that Mr.
Smith had been spoken to in the matter of beng counsel
by Mr.. Ramsey and Others before his employment by
Gen. Barlow, evident.
At the close of Gen. Barlows testimony, the Commit
tee went into Executive session. adjourned 10 meet
tomorrow morning at o'clock 10 consider in the mean
time upon the pToprety OF crosexaminng Gen. Barlow.