The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-20
Recy Revelations Relative to The Manage.
rleEt OF The Road,
MORE ABOUT LEGAL EXPENSES
Testimony Of Thomas G. Shearnian, w. w.
Goodrich, Judge Downing and
Supcrin tendent KelsO.

and threw further light upon the dark chapters OF
the Erie management.
THOMAS @. sHEARMAN,
OF Field 3 Sherman, was first sw0rn-Was as
s0ciate counsel with David d. Field In the Erie
directory previous to March. 1872; had consulta-
ton with John H. Conner Ia the council room,
Erie Ofiices January. 1872; he came In and stated
that Mr.. Gould had claim against the estate Of
Mr.. Fisk; he asked witness whether he was cog
infant Of written contract between them wit
ness told Conner that there was such a contract
and that 1t was just, inasmuch as the money had
been paid by Gould; witness had no personal
knowledge that the money had been paid to Gen.
eral Barlow only from secondary facts and crcum-
stances; was persuaded that the money had been
paid General Barlow but would prefer not to state
the grounds.
The committee decided to
PRESS THE QUESTION,
but Mr.. Sherman demurred at answering the
question when put by Mr.. Stickney, inasmuch
as that gentleman was so afIiliated with General
Barlow that 1t would substantially be replying to
an examination by General Barlow in person.
The committee sustained the right Of Mr. Stick
ney to conduct the examination.
Mr.. Shearman Information as to the completely
Of the Attorney General was derived from Messrs.
Gould, Fisk, Belden Simon Stevens and several
parties, clients OF witness, whose names have not
been mentioned In this matter. and are therefore
NOT AT THE COMMAND OF THE COMMITTEE;
the information from Gould came up In this way:
Just before the coup d'etat the Attorney General
was about to bring suit against the Gould direc-
tion, which witness was advised OF; Gould had
stated that he would be able to fix matters with
the Attorney General; that he had been paying him
the money contracted for, $35, O0O at regular in
tervals; the SUIT was not brought at the time Of
the coup d'etat; Mr.. Gould desired the Attorney
General TO institute suit against the new direc
ton to compel an accounting this was not pressed
by advice OF witness, but the Attorney Generals
pressed great contempt both Tor a suit brought by
the Attorney General and for that Official himself
ANOTHER STATEMENT,
which tended to confirm Mr.. Gould's was made by
Mr.. Simon Stevens; at least Mr. d. D. Field had
statedit to witness in presence OF Mr. Stevens,
who assented to the truth OF 1t; 1t was, in effect
that General Barlow had demanded 100000 OF Gen.
eral Sickles as compensation for his services In
bringing about the overthrow and in procuring the
repeal or the classification act; he had lobbied
very strenu0usy for certain measures pending at
Albany; witness declined to give the conversation
teman.
Mr.. Stickney suggested that 1t was well estab-
lished rule that there was no privilege Of lawyer
and client In legislative Investigations. The wit
ness having volunteered to recount the features Of
Mr.. Snearman-One day in November Or Deem.
Der, 1871, Mr.. Beden came into the council room,
Erie Building, and stated that Mr.. Fisk wanted to
make contract which would have to be very care
fully drawn; it was that Fisk and Gould were TO
find some business for Belden and Hayes worth
found the first named were to pay the latter S. 600
monthly in advance; the contract was drawn and
h Saya 70 o 70
who must be satisfied as to Its binding force;
witness had no knowledge then that that per,
knew nothing Of that part OF the contract, and
only Mr.. Fisk had the management OF it; Gould
was really for the beneft Of General Barlow;
Stevens afterwards stated that he knew OF money
70
had said precisely that, while foreman OF the
Grand Jury person had offered ts to TO-, I'm cyl
the Tweed prosecution with General Barlow; he
(stevens) had gone to look into the evidence, but
going to inquire into the matter they had been
called into court and discharged.
Stevens also stated that Barlow knew what dis
position had been made OF the $1,000 paid to
Speaker Smith; Smith used that money to have
himself elected Speaker: the fight at that time was
very warm; witness had also been informed by
Peter H. Watson that friend OF General Barlow
had been 10 Watson to suggest that in view OF
him tBarow) general retainer OF $40, 600; none Of
the corrupt practices OF the old directors had ever
been stated to witness before their contamination;
NOT TO STIR BARLOW UP,
as he was friendly, witness had declined to be
bound in such Q way, and had continued attacking
him on the ground OF improper conduct in several
re8peCLS, LleSe cases come KDoWI-
edge Of witness BY Information.
Witness had opposed the passage Of the "Attor.
passage Of that bill-in public; would not have
drawn any inference Of improper conduct from his
action before the Legislature. unless it might be
deduced from his determination not TO bring suit
until the passage OF the Attorney Generals bill-a
measure which had no chance OF passing, and
which thus became an easy way Of escaping bring
70 Mr.. Lincoln-Tnere was no consideration for
the contract between Fisk and Beden h Hayes;
VVytpn hv thnvn
ness was cognizant was Belden going to Albany to
see the Attorney General and Q similar visit In this
city has no personal knowledge that any part of
the money paid under the contract had gone to
the Attorney General; mad been so informed by
clients but cannot say that they claimed to have
paid; their statements had been suticently !
strong to convince witness that such was
the TACT; witness understood that Messrs.
Bischoffshem & Godschmidt held 65 1000 shares of
Erie stock at the time OF the coup d'etdt; witness
protested quite intimate information as to the
finances OF the company, owing 10 being called
upon to defend suits brought by the Internal
Revenue Department; very complete examine
ever collected as tax on unpaid dividends II earned;
II there was such surplus as has been published
has not vet appeared in their accounts wtness
on the contrary, had received information that q
less business was done in 1872 than in 1871 while
the road Is not IN IS good condition now.
W. W. GOODRICH
said he wished to contradict statement made by
member OF the Assembly; no sum was received
by him while q member; was in Albany several
times as counsel and adviser to gentlemen
who were engineering bills; know VI no money
being used In Albany IN connection with any bills;
the 900 received did not come from the Erie
Railway; received 1t from Mr. Swan, agent of the
English stockholders; | had my suspicious OF
money being used at Albany, but have no personal
knowledge that such was the case.
Judge Joseph bowling was next sworn, and tes-
titled as follows:-I have no knowledge OF any
money being paid for the overthrow Of The Could
and myself received large sums OF money; this 1
am happy to have the opportunity TO state is en-
tirely false; no oners were ever made to me there
were all sorts OF rumors that Kelso was offered
money and that received money; as far as ! am
concerned the rumor was entirely false.
Superintendent KelsO said he had no knoyledce
OF any sums OF money being expended for the over.
throw OF the Gould administration; 10 has been
said that fabulous sums were paid to him this ia
entirely false; he simply did his duty In preserving
the peace between the parties
Iliar nnfta naua rolG