Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-01-14
WHOLE NO. 1O,525.
DIAMOND CUT DIAMOND.
w. H. l.. Barnes BADLY and Successfully
Trapped by G.. w. Tyler.

ing before the Court, in addition to the
filing of the astonishing affidavit of Nellie
Bracket, asserting that her entire tcsti-
mony in the eSse was bus a tissue of false
hoods, u lively scene occurred between
counsel, W. I'll. i. Barnes and G. w. TYLER
which was rs romantic ir details as it was
unusual 10 be met with in Court proceed
ings.
AT a given point Mr.. Barnes introduced
document, purpOrting TO be y contract in
duplicate made in May, 1881. between Geo
W; Tyler and NJ. Gumpel, an expert in
writing by which the latter agreed to
swear on the trial that the exhibits on
winch plaintiff based her case, were scnu-
me and IN the handwriting of Sharon, and
tor winch. Ill the event of her winning the
suit Tyler was to pay Gum?cl $4,000.
Upon thasroduction of the affidavit to
the Court, VI. Tyler dcIlied that be made
amy such agreement ami requested Mr..
Barnes to take the witHe>>-staa3 for ex-
animation upon the matter, which lie did.
Mr.. BARNES UroN THE STAND.
He was asked by Mr. Tyler when he
got that contract paper? He replied last
saturday. From whom he was asked,
which he refused to answer
Mr.. Tyler again denied that he ever
many 'tAl 'tS-t NtlllS!ib Will NtuIflel.
Judge Sullivan said that Mr. Tyler could
file an affidavit.
Mr.. Barnes again declined To answer any
questions as to where he got the paper, on
the ground that he is an attorney in the
case. He said the only question was if the
document Is genuine or not Where he cot
the paper was not an issue in the case. He
argued that any paper showing that the
Court has been imposed upon is proper.
Mr.. Tyler stated that gross frauds had
been perpetrated in the ease either by him.
self or Mr. Barnes, and he demanded to
know where the papers came trom2
PRIVILEGED COMMUNICATIONS
Judge Sullivan said it was aquestion of a
privileged communication. u. c. Terry
urged that Mr. Tyler had n right 10 know
where the paper was obtained. Mr. TYLER
took the witness stand, and strenuouSly de
MED than he ever made any contract with
Mr.. Gumpel whatever He said he wrote
the paper and signed it, but ATr. Gunpel
did not His signature was a put-up lob
for the benefit of the defense. He wrote
the paper January Z, 1885, and read from Il
memoranda TO the effect that it was drawn
for the benefit of Barnes He said he wrote
the name OF Gumpel himself with pencil.
FURTHER TESTIMONY.
Mr. Barnes again took the witness stand
and declined to tell from whom he got the
paper, rs it would be a breach of profess
sional etiquette. He said that his refusal
to answer was not based upon any effort to
conceal what he bad done If il was true
that Tyler wrote the contract and forged
the name of Gumpel for the benefit of
Barnes he did deceive the speaker He be-
lieved the document to be genuine. He was
willing TO 90 into the fullest investigation.
If he answered the question it would in
volve disclosure made by his client.
BUYING THE DOCUMENT.
Question-Did you pay any money for
that paper? Answer decline to answer
that question without being allowedt to make
an explanation. If Mr.. Tyler and his clerk
put up job on me and compelled me to
pay for a forged document, can't help it.
Question repeated and the witness again
declined to answer it.
Judge Sullivan thought the question
proper.
The witness held consultation with the
other attorneys, and then said he would
tell all he knew about the matter, but he
must protect a propriety.
Mr.. Barnes then resumed the witness
stand and said he had paid money for the
paper. The first price was $1,000, the sec
ond price was 81, 800, the third price was
S25, 600 and was paid to Clerk Mclaughlin,
of Judge Tyler's office. The money was
paid at my house at noon on Saturday last.
The money was in greenbacks obtained
from the bank on Mr. Sharon's check.
TYLER As \ WITNESS.
George W. Tyler was recalled as a wit
ness, and said he had talk with Nc
Laughlin some time ago and was anxious
to find out who was disbursing money in
the Sharon case. \ week ago last Satur-
day Mclaughlin told me that Captain Lees
told him that he had proof of a contract
between me and Gumpel, and with Mrs.
Pleasance, as TO their evidence. McLaugh-
lin said he told Lees that | knew, if such q
contract was in existence, where it was
Lees asked him to get it, and said he (Lees)
knew that he (McLaughlin) had left my
employ. He said Lees offered him s. 900
to get the contract. Lees said he had done
the disbursing for Mr.. Sharon, and that he
had got witnesses in the case. | told him
never to converse with Lees and Barnes
together. Told him to go back and tell
Lees that he wanted to deal directly with
Mr. Barnes He saw Mr. Barnes, who said
that Mr.. Lees was in the employ of Mr.
Sharon. Mr.. Barnes, he said, wanted him
(McLaughlln) TO break open my desk drawer
and get the contract. This was last Mon
day or Tuesday. | told him that | thought
it iustiiiabie for me 10 show up these cor
rupting influences. | therefore wrote the
agreement for the benefit OF Mr. Barnes |
sent to Gumpel and he came to see me, and
told him what had occurred. lie agreed
with me that we would be justified in get
ting at the matter. He gave me his sigma
ture, and in his presence | practiced in
copying it. Finally | put Mr.. Gumpels
name to the contract and gave it to Me-
Laughlin. He went and talked to Mr..
Lees. They went to Marchand's and met
Mr.. Barnes there. He did not take the
contract with him for fear it would be taken
from him by force, but he read a copy.
Barnes subsequently offered him $500 for
the paper and he accepted it. They met
again at Marchands, and he produced the
contract. The document was read over
and Mr.. Barnes pronounced the signatures
genuine, and said he would doubtless get
new trial on it. Mclaughlin thought he
would strike him for little more money,
and said that he would have to leave the
city. He promised to give an answer the
next morning. Lees was in a saloon across
the street at the time and waiting. Mr..
Barnes sent to his Office and Mr.. Bell
brought up s., 500.
A RISE IN PRICE.
Mclaughlin refused to take the money,
and ne reported progress to me. told him
to strike for $300G0, and if necessary to
come down to $4,000, or $4,000, or even
$4,000 if he could not get any more. Last
Friday he met Lees at Marchand'S and
after a while Barnes came in and asked
Lees to retire. They began negotiations,
Saturday they met at Mr.. Barnes house,
who counted out large amount OF money
and r,Iadoed his word of honor that he