New-York tribune., 1872-05-23
PRICE FOUR CENTS.
AFFAIRS IN ALBANY.
PROCEEDINGS AGAINST
JUDGE BARNARD.

JUDGE BARNARD.
TWO RAPID TRANSIT BILLS SIGNED BY THE
GOVERNOR.
[PRoM THE REGULAR CORRESPONDENT oP THE TRIBUNE
ALBANY, May 22-The Court of Impeach-
ment for the trial OF Geo. g. Barnard, Justice OF the
Supreme Court for the First judicial District met here
at p m. to-day, Lieut. Beach in the chair. All
the members Of the Court of Appeals were present ex
cept Judge Andrews, who is in Europe. and all tho
Senators except Messrs. Adams, Ames, Hardenbergh
MCGOWAN, 0'Brien, Tweed and woodn. Judge Barnard
appeared in company with his counsel, r. f. Andrews
exJudge Beach, J. H. Reynolds and ". o. Bartlett and
took a seat in the rear Of the chamber where he
NAMED during the session. interested spectator Of
what was passing, His manner was much the same as
that exhibited on the beneh though even an ordinary
observer could that the air OF ocosity which
sumed when addressing his counsel somewhat
forced. Considering the peculiarly unpleasant position
in which he placed, he bore the curious looks which
were constantly directed toward him from all sides
with much equsnimty.i
When Judge Barnard's name called, Judge Beach,
answering for him. said he not prepared TO answer
specifically the articles and desired time. as he intended
TO plead specially to OF the articles and to move TO
quash others AS indication Of the technical manner
In which he intends to try the case permitted he then
proceeded to question the validity OF the service Of the
articles Of impeachment Mr.. Reynolds here came 10
his aid with an inquiry to whether the articles served
we're tho same those adopted by the Assembly, and
whether they were properly the records Of the Court
Mr. Niles claimed that these questions were improper at
this tne They referred to the business OF the Assem-
bly,. He had objection 10 allowing the respondent
time to mako an answer; but IL he claimed that the
articles Of impeachment defective in any way that
must appear as part Of the records Mr. Alyord said
the arelei here aud had been served in reguor
form, as appears by the journals Of both Houses
Mr. Beach having failed this point, sought another
claiming that the Court not yet organized and the
respondent could not therefore be expected to answer
articles which might have existence. Mr. Prince said
the Court properly organized Last week the pro-
cess issued from Senate but from the Court and
was properly served. He suggested that the articles be
again served the respondent there and then. Chief
Judge Church said the Court had been organized for the
purpose of issuing the process end bringing the re-
spondent before it. The practice the Court
when it entered on the trial and not before He moved
that the articles be served upon the respondent that he
plead now, with leave TO put in special pleas or mako
what motion he fit in twenty days. The motion was
carried and the discussion finally ended by service OF
the articles on the respondent who answered by gene
raj denial and objected TO their sunlciency
The managers subsequently filed their replication,
which h in substance that they rcterate and do insist
on the truth OF the matters alleged and offer TO make
good the came by proofs Judge Allen desired to be ex
cused from serving the ground that he had formerly
acted counsel i'm matters which some OF the charges
were based Judge Pecham also desired to be excused,
on the ground that Of the charges were based on an
order issued by Barnard in opposition TO orders issued by
him. lively discussion hereupon arose, presenting
another opportunity for the respondents counsel to tell
the Court how pure their client was and what serious
consequences decision Of guilty OF the charges must
bring TO him. II was finally decided in Executive se5-
sion not TO excuse Messrs Allen Peckham. A motion
that the trial proceed Saratoga the 18th July at
10 a. m, was carried, and the Court adjourned
The Senate then met in extra session, in the case or
r.as,.s -1.fo fh.I IaaF
postponed till tomorrow morning. The discussion to-
day was carried with perfect proprey but sufficient
antagonsm developed TO satisfy the friends OF Re-
form that the Board CT Managers are both able and
determined to maintain the rights OF the people IN this
matter That there may however, be no dissatisfaction
n any quarter they have resolved to employ exJudges
Van Cott and Comstock counsel, with leave to make
any suggestion they may deem advisable
The Governor to-day signed the Vanderbilt Rapid
Transit and the Swain ThreeTer bills. The latter was
uassed solely through the naded exertons OF James NJ
SWAIN who has been years at work on the project