New-York tribune., 1871-11-16
REFERFR CORRUPTION
ONE OF JUDGE BARNARD'S FREAKs-THR CALM
GER CASE-HOW EVIDENCE Is IGNORED.

ONE OF JUDGE BARNARD'S FREAKs-THR CALM
GER CASE-HOW EVIDENCE Is IGNORED.
Another case came up in the Supreme Court
yesterday illustrating clearly the system whioh has
long been practcod by tho Judiciary in the appoint
ruent Of referees and which fully exposed In
TIE TRIBUNE yesterday. An action brought by Maria
GalIuger agt. Simon GalnRer for limited AVOrce on
tho ground Of brutal treatment tried before Judge
Barnard In April 1870 and Judgment obtained for the
plaintiff In the following August Judge Barnard fixed
the amoDy at $50 per month Five months later Judge
barnard for apparent suddenly u.odfes bis
decree Of August m and suspends the operation OF it. 80
far as regards the go per month amony.
Tho oblignS Barnard then drops this morsel In the
shape OF a reference, TO j. V. W. Doty, Csq. This
gentleman after listening TO tho testimony, reports
that tho value OF deiendsnts property real aud per
sOnsl, t3sSOO OF which $500 ouly is personal prop
erty; that his indebtedness S26,25O that his in
come Is A,6OO from all sources, and his expenditures
sS2i9 leaving 25l for tho support Of himself and bis
Sod who ia OF age and able TO support himself On mo-
ton OF the plaintiff the is sent back by Judge Suth
crland to the referee. His next report sets forth
that he finds the real estate worth $4,000 there being
no other property Of any particular value and the In
debtedness s27OOO and that deendants sole income 10
s9 600 from the his real estate After deduotng
all expenses be has less than 900 year to 1--we upon
out Of which he has 10 support himself and SON
The referee reports allowance for amOny out OF this
scaniy income of $3.50 This report s based upon the
testimony of expertsrcal estate brokerswhO estimate
tho value OF the property above, IN defiance OF the
most positive proof the part OF the pann that inc
defendant could effect sale Of his property at $4,000
Henry Morrison, cOunselOrataw. testified that no hAd
n customer ready who would purchase the EighthaVe.
property at $4,000 and also purchaser for the stanton
st. and Eldrdgest property at $4,000 As to his debts'
defendant produced testimony by the actual presence
OF his creditors to tsoO bat 30 the
other alleged Indebtedness Of tl3 ho failed to produce
g single creditori
Again the plaintiff searches for JUSTICE and this tme
ands It, She applies Judge CardozO shows how mer
cessy findings OF fact have been altered. and how
extravagauty the law has been msnerpreted nnd the
Court on the 9th OF September set aside the report and
ordered In addition TO the allowance now DUE 400 per
month to be paid to the plaintiff This order of judge
Cardozo Is appealed from ana the case was argued
yesterday before the General Term tho decision being
reserved. The defendants points have been already
noted. The points OF the plaintiff are tesey set forh In
port do not see, he says why the referee should
have found the value of the defendants property at
go oOO in the proof OF bona dc offer OF $4,000
The debts sworn to by the defendant were 10 very
great extent very suspicious anG should Do so"eu DUB
q very low figure In estimating bls means"
LAWYERS INDoRsING THE TRIBUNE'S EXPOSURE.
Much interest and qualification were OK
pressed yesterday by the many members OF the legal
profession upon reading the article In The TRIBUNE en-
titled Referee lawyers" AS nearly all had OK
perenced tender mercy Of those sharks OF the Bar
and Bench they eminentiy wen qualified to judge
Of the facts set FORTH All united in udorsing The
TRIBUHE's statements and IN denOuncinR the corrupt
practices Of the unjust JudSee and their equally corrupt
and rapacious tools Nearly every leading member Of
the Bar had fresh illustrations cite OF the dlsRraceu
proceedings Of the who degrade the Bench Of this
great State One Of the oldest and most respected
lawyers in this oty spoke very severely OF Judge Bar
nar and stated that day while one Of the parts OF tho
Supreme Court was session. the great body OF lawyers
assembled kept up buzzing conversation which dis
turbed business Barnard, who on the bench, OK
claimed with leer Sit down boys there's no money
to be divided to-day" Referring TO threat OF james
A. Coleman Judge Barnards GratEI to have tho writer
of THE TRIBUNE article arrested the lawyer said.
"Let Coleman arrest him Snd hundred lawyers will
step forward to defend him and everything that
he has written and more too" 1t has been suggested
that to prevent any Of those arocious practices
the next Legislature should make statutory provision
whereby Judge should be Obliged to appoint the ref
cree named by both parties TO suit Whenever they eK
pressed wish to that effect in Court.