the court and counsel went at great length into all the details connected with the issue of the unauthorized bonds. Judge Barnard, finding that these examinations occupied more time than he could well afford, soon determined to send the cases to a referee for the purpose of having the evidence taken. Accordingly, on the 23d, he appointed Mr. John B. Haskin as referee; a gentleman somewhat known formerly as a member of Congress during the Buchanan administration, and one whose name has since been connected not. with all that is purest and best even in New York City politics. This appointment was indeed thoroughly in keeping with all the other proceedings in these cases, and, when announced in court, led to a little colloquy to which subsequent events lent a peculiar significance.

Mr. James T. Brady, one of the Drew counsel, stated that, if the court pleased, he would prefer to have some other person appointed as referee than Mr. Haskin. It was not quite certain what range the examination might take, and while he was on very good terms personally with Mr. Haskin, he would prefer to have the matter sent to Mr. Leonard. In this case there had been charges of interestedness in the litigation made against a party with whom Mr. Haskin was on terms of very close friendship, and it seemed more proper to him that it should be referred to some one else.

Judge Barnard said that the referee had no discretionary power whatever in such a case, and would merely take such testimony as was offered to him, and report to the court.

Mr. Brady. — Well, sir, he is objectionable to us; but if the other side insists upon it, I suppose they have some reason for it. . . .

Judge Barnard said that in regard to the referee named, the court had known him intimately for many years, and had the fullest confidence in him.

Through the action of Judge Barnard, therefore, and notwithstanding the fact that the opposing counsel stated in court that they had no desire to insist on the appointment of Mr. Haskin, that gentleman became referee, and proceeded to take evidence. This, however, did not also prevent his figuring on the stand as a witness; for, on the 8th of April, when the interrogatories and answers in the Jay Gould case were read before Judge Barnard, Mr. Clark proceeded to call witnesses, and among those called was John B. Haskin. His examination was unique in every way, and should not be lost to history. During it, be it always remembered,

Mr. Justice Barnard was presiding on the bench, and the Messrs. Field sat at the counsels' table. The evidence, as reported in the daily papers, was as follows:

John B. Haskin was called as the next witness for the people, and examined by Mr. Clark, and testified that he was an attorney at law, and had practised about twenty-six years.

Question by Mr. Clark. Were you ever employed by Mr. Dudley Field, professionally, prior to the 1st of March, or since?

A.-I was applied to by Mr. Dudley Field, the attorney for Mr. Gould, on the 5th or 6th of March last, to accept a retainer in this Erie Railroad controversy, which I declined. I had never previous to that time been employed or requested to act as counsel by Mr. Field.

Mr. Brady, "on his own responsibility," objected to this line of examination; but after some discussion it was admitted, and the witness continued:

"Mr. Dudley Field, on the morning of the 5th or 6th of March, called at my office, and desired to retain me as counsel in this Erie controversy. I asked him on which side, and he said, "the Drew side." I asked him before whom, and he said, before Judge Barnard. I replied that my intimacy had been very great with Judge Barnard, and that I supposed he thought my influence as associate in this case would assist his side of the litigation."

Q.

What further was said?

A. He said that he desired me to accept a retainer in the case, and said that if I would do so, it might be the means of avoiding serious trouble which would take place in the legislature. as I was Judge Barnard's friend, and if I would get that injunction modified I might, as his friend, prevent the terrible consequences which would result in this fight which was to take place, as Judge Barnard would be impeached; I then left him, and went into another office. In a short time Dudley Field came back, and handed me this book [producing a book], with his written modification of the injunction, as I believe, in his own handwriting, saying, "If you will get that signed by Judge Barnard, I will give you five thousand dollars; if that sum is not sufficient I will make it more." I declined the offer; and having occasion to go to the City Hall to see Judge Barnard, I went, and met him at the Astor House, where he had gone with some friends, - John R. Hackett, Mr. Thomson, one of the directors of the Erie Railroad Company, and some others whom I do not recollect. I told him incidentally of this application to me, and he said, "Dudley Field must be a dirty fellow, to apply to you for this modification in this way, for he applied to me in court this morning for this same modification, and I refused to grant it."

Q. Did you see Dudley Field again?

A.-I did not accept the retainer or undertake the service.

Mr. Brady then arose to cross-examine Mr. Haskin. He said he was not responsible for what was to follow. The other side had invited it, and the consequences must be with them. When he went into the case he knew

something of the fierce onslaught that was to be made.

Q.- Mr. Haskin, you have stated that you have been intimate with Judge Barnard for a long time; are there any other gentlemen with whom you have been intimate?

A. Yes, several.

Q.-Name them.

A.-Mr. Hackett and others.

Q. Have you not been intimate also with James H. Coleman and Judge Jones, of the Superior Court?

Mr. Brady.—I will name some places. Your office, corner of Pine Street and Broadway, and a lunch room in John Street.

A. You mean the "Commercial Lunch," I suppose, where you and I have met, and where I have taken a few drinks with you.

Q.- Where I have drank with you, do you say?

A.- Well, I don't know; you told me so yourself, and I am telling you what you said on the subject.

Q. Do you say so now?

A.-I have answered you all I mean to.

Mr. Brady (very emphatically). — Very good, Mr. Haskin: I accept this as a personal contest with you, and shall follow it up as such.

Mr. Haskin (excitedly, and laying hold of his cane). — Well, sir, any contest you see fit to have with me you can have, here or elsewhere, and any way you want it.

Mr. Brady (sotto voce). — Oh, well, that is low. Mr. Haskin, do you intend to answer my questions?

A.- Well, I am not certain that you have drank there with me, but you have told me so.

Q. About how often?

A.

About as often as you have put impertinent questions to me. Mr. Brady asked if the court would permit such language in court.

Mr. Haskin said witnesses have some rights in a court of justice, even if they are on the stand.

Mr. Brady. Does your honor consider that you are sitting judicially

The judge answered that such was the case.

Mr. Brady. Is it your honor's practice to allow a witness to interrogate counsel in this manner?

Judge Barnard. I have directed the witness to answer your questions.

Q. Well, Mr. Haskin, have you ever in your life been applied to by anybody, to use your influence, personally or professionally, with Judge Barnard, to accomplish any result whatever?

A.- Well, in cases where there were great interests at stake, to point out to him certain objects that were entitled to consideration.

Q. Did you ever agree or undertake to influence his action as a judge? A.-I might have done so on the side of right. What do you mean, sir?

Mr. Brady.-Oh, well, you will understand what I mean, sir. Have you never in all your life used your influence with Judge Barnard to induce him to make a decision in favor of some person in litigation whose cause you espoused?

A.-I don't recollect any case of that kind.

Q. Will you swear that you have never done so?

A.-I won't swear I didn't, because I might have done it in some case in the number of years I have been acquainted with him.

Q. Did you ever receive any kind of reward, directly or indirectly, for using any species of influence, or promising to use any species of influence, with Judge Barnard, or control or direct his action in any respect whatever?

A. I have never received any thing; no, sir, except my legitimate fees which I have received in references and so forth.

Q. Well, you said the other day that all those cases of references Judge Barnard sent you.

Q.-Was there any agreement ever made that he should send certain cases to you as referee?

A. He may have said before the order was settled in some cases that he was going to send them to me.

Counsel here went into a long cross-examination about the references

which had been sent to him by Judge Barnard. He then asked him about his connection with the Christy will case.

Witness said he was general counsel in that.

Q. How did you earn your fee?

Witness.—I will not answer; it is none of your business; it is impertinent.

Mr. Clark interposed, and said it was irrelevant.

Mr. Brady.—I want to show that Mr. Haskin received a fee for his influence with the judge to gain a decision at the General Term. Mr. Haskin said there was a suit pending about the matter. Mr. Brady repeated that when he went into the case he knew the hostility with which he would be met. He was prepared for it. He had known some of the men a great many years, and he had hitherto kept still. He would repeat the question about the Christy will case.

Witness. I refuse to answer; it is none of your business.

Witness further on gave some testimony as to what he said to Judge Barnard about the Merchants' Express Company case before that judge last summer; he (witness) was not a counsel in it, but when on a fishing excursion last summer he was talking with the court about the law of the case. He told the judge there were some cases in which a judge could not afford to do a favor for a friend; I knew you were in the case, Mr. Brady; I told Judge Barnard that the newspapers were all down on the express monopoly.

Mr. Brady. Did you tell Judge Barnard in what cases a judge could afford to do a favor for a friend? You say you told him there were some in which a judge could not do a favor.

A.-I did not say there were any.

Did you hear of any judge (not Judge Barnard) getting $50,000 in a case?

4.- No.

Q.- How much money have you made by references since Judge Barnard has been on the bench?

4.- None of your business.

Mr. Brady. What does the court say about it?

Judge Barnard said he did not see the relevancy of that testimony.

Mr. Brady. — Have you kept an accurate account of the moneys received by you from references since Judge Barnard has been on the bench? Mr. Haskin. - None of your business. I have some rights here, although I am a witness. I will not answer such impertinence.

Mr. Brady. What does the court say?

The court thought it was proper, but the witness refused to answer. Mr. Brady said he would then move that Mr. Haskin be committed until he would answer for contempt of court.