New-York tribune., 1872-08-01
PRICE FOUR CENTS.
BARNARD'S TRIAL.

THE CASE OF THE PROSECUTION CLOSED
HOW THE ACCUSED RELEASED SEVEN POLITICAL
UFFrANs-HORACE +. CLARK on TIE DAM
AGE TO THE UNION PACIFIC RAILROAD
BARNARDs RESPONSIBILITY FOR TIE EFFECT
OF HIS ORDERS.
BY TELEGRAPH TO THE TRfBUsEI
SARATOGA, July 3f.-The evidence for the
prosecution in the trial Of Judge Barnard was closed To-
day and tomorrow the defense will begin It's conradic
tous The Court opened with fun attendance and an
absent defendant. Capt James Irving and Commits
soner John l. Davenport examined In the morning
in reference TO article XXX, and their testimony fr-
nishes another fine illustration OF Barnard's maxim,
Favor your friends, and not your enemies In TINS
case Barnards friend s Mr.. Barnard himself, and his
devotion 10 the interests OF that friend" VIII excite the
profoundest admiration It's intensity and contempt
for the object OF IT, In the latter part OF iScs
Mr.. Barnard then a Judge OF the Supreme
Court, before the people candidate or rceec-
ton Although by means losing sight OF the is thst
Tweed and the Erie Ring powerful enough at that
time almost TO put circus clown upon the bench OF tho
Supreme Court, he did despise the influence that
might be exerted by the humDes ana the mcanest or
his adherents On Oct 1863 the day OF registry for
that election Seventh Ward ruians were arrested
for Illegal registering. On the evening Of the saIoe day,
Capt Irving was served with writ OF habeas corpus,
issued by Barnard returnabe forthwith, at NO.
q West Twenty-hrstst., the Judges own resi-
dence. This, De 10 n0te1, occurred NJ u lao
hour OF the night probably II O'Clock, when
the DstrctAttorney could not well be informed OF ~,
and in fact he had notice OF the hearing and dd not
Of course appear The lawyer whose nihnce with the
Judge sufficient 20 gain any order resulting IN tho
Judges own favor was Wm. f. Howe. Late II night no
with Capt Irving and the seven prisoners 10 Judge
Barnards house. and while the police captain and the
prisoners remained outside Howe took the writ TO Bar
nard who signed the order for the discharge Of the
and hoy vi
that this little midnight bypay might safely be con-
strued as hint which way vote in the coming election
John scanlon and Vim. sehildge two detectives EN-
poyed to shadow Judge Barnard In April, 1862 dur
ing the Union Pacific litigation while not particularly
intelligent, gave enough testimony to show BarnArds
intimacy with Fisk at that time, having seen the former
70 in and out Of Mansfeds house and the Erie Offices
Horace F. Clark next called in reference to the
effect OF Barnards orders on the Union Pacific Railroad
Company Mr.. Clark is elderly gentleman, and an
ideal of old school courtliness. Having been prom
nently connected with many wealthy railroads as Pres
ident director, he witness we'll qualified by
practical experience state understandingly the
vast damage inflicted upon the Union Pacific road In
particular by Barnards deliberate malice Mr. Clark
stated outside the courtroom, as the stand that he
subpenaed the defense TO produce certain books
of the company in the companys office In Boston,
but he added conndenally II dare not take the re-
sponsbilty Of bringing them into this State while justice
Is administered it now is here" Mr.. Clarks tesu-
mony corroboraed that of previous witnesses In refer
ence to the decline of the bonds of the company from
lo to about 10 Immediately following the issue of Judge
Barnards orders and also in regard to its final expulsion
from the State On the cross-eXaInlnatoh Mr. beaSb
9rea 1egal mobierp the Pennsyiyana corporation which
built portion Of the Pacific Railroad under contract
with the Company. Mr. Parsons objected to entering
upon evidence remote from the real question at issue
sturdy and protracted struggle arose upon this pont
Mr. Beach claiming his right 10 do germane to the
question OF the effect OF Barnards orders. The prOsec
on had been allowed to adduce evidence OF that kLd'
and he thought he had good right TO do so Before
he was through, Mr. Beach exhibited little OF the Oad
taste which has at times injured him with the Court ny
rejecting upon ITS course IN allowing me prosecnOn
go into proof the consequences despite his earnest
objection at the time and now.
THE RULE AS To BARSARD's RESPONSIBILITY.
Whatever effect his argument may have had on tho
mind of the Court dssipated by Judge Grover who
improved the occasion declare with his characteristic
force his own position upon the question at ISSUE The
CrtD said he "has received evidence as TO the eiee
OF orders granted by Judge Barnard Those rulings haV
not been based the idea that he was responsible
for those effects any further than that 1t the duty OF
Judge when applied for orders important in their
effects upon the rights OF parties, carefully to
consider the consequences. 1t has not been the
design to open up trial upon tne merl,s nnn
outside Of the S sSt o qwR T nSeeT se se ua S
Pacific Railroad Company in refusing TO award FISK tls
stock he claimed to have subscribed for was rght
or wrong-whether that valid subscription OF not
II we entered upon that the trial would be endless
ceedngy important affecting the interests OF great
corporation. He granted them and the question now Is
whether, after considering the papers IN he case De
acted uprighy judge with an eve single 10 the pro
motion OF ends OF justice or whether exraordnary
orders were granted which would in their results be very
disastrous to the interests and welfare OF the party
against whom they were directed"
Senator Murphy concurred emphatically with Judge
Grover who Immediately afterward said he should base
his upon the question whether the eheet oi the IN
junction was considered before IL granted IN Bar
nard failed consider IT, he omitted one OF the highest
duties enoined Judge. The vote was then called
and would probably have been unanimous had not Mr..
Beach sensibly withdrawn his claim before dozen had
answered. ~ ~, NJ.
The last witness OF the day exJudge Noah DAVIS,
whose testimony Judge Barnard should nave pee pres
ent 10 hear related 10 boast once made ny tne c-
cused TO the witness OF the readiness with which he
Barnard got out Of tight places" ami an immediately
following Illustration which would be amusing II " were
not so vainOus and unchaste. The Illustration was
taken from leaf In Barnards own experience, ad II
true shows him 70 be not only hDertime but Vllaiu
The evidence after discussion was rejected ana ordered
10 be stricken out. The Court then adjourned un To-
morrow, at the usual hour.