New-York tribune., 1872-04-13
BARNARD'S CASE.
ARGUMENT OF THE COUNSEL FOR THE BAR
~ ASSOCIATION.

ASSOCIATION.
A CONVINCING DOCDMENT--THE SEVERAL JUDI.
CIAL OUTRAGEs DETAILED-rHE GRooSDo
FOR IMMEDIATE rsPEACHMhNT'
The investigation of the charges against
Judge Barnard having ended the Committee OF tne bar
Association, yesterday, forwarded 10 the @gis'"u,o
their argument In the case. Aportlon % thIS p''
bsen published in the report 10 the Bar ASSOCIATION Oh
Tuesday evening. The argument Is a. foilows'
The charge to be established against Judge Barnard IT, r..
Of either maonduet or corrupt sed moi establish
that he has been guilty OF corrupt @ tSat
alone L scn Ss Of sa T fea
against Judge he should be impeached anu Pun%,ansJ %
caracer for inte gritty in judicial action ia not enough
for Judge He must be spotess. More9yer tniI ndga CON
.ce % ra%d aoS v 70 smpy ascertain whether there is
probable believe him guilty y,Sd Of aIy tSefs Is
opy shown grave suspicion certainly If there are
grave acts OF misconduct which have rnlned ns
ness and destroyed public confidence In his adnIhiSsEI ~ ~
ton Of Justice this Committee should report the f.e.s
and nj their further investigation oy a,nard s
case be judged this principle There has Des %
more than Of maconduct None VIII aeo Isro be
fore the Committee. And they VIII DO sueeo p'ooi'0'
tho testimony shows them TO De-
now ORDERS AND DEGREES WERE PAID FOR.
At the outset let one thing be admitted IL Is not
claimed that IL has been proved that any one sum OF
money has been paid to Judge Barnard by any one per
SON. "a the price for any order or decree Ana .'
Is the only stats Of facts which makes corrupt cohouo.
In Judge, we admit at once that we nave not Po'e"
corrupt conduct against Judge Barnard we ciaiin'
6Ses nss 5at than That they corrupt
orders and decreos. they are not at tne very e
an al tass oTder receiver Of railroad com
pny damage Sn e shs he STas that
order corrupty II he grants the order because the
plaintiff has at time given him large Ss prssens sSan
him political support becausc he Will thereby avoid
political opposition or because ne VIII ~ or be
cause he has escaped ana s.
punishment for his crimes or nnsy ne sans ner ,y
sona friend or for any reason or purpose A
cep do simple justice 6etwsen the be anse be
s Of another question But that @ one ne
iap.s ,e no one vii for an instant deny single
such ofense is clearly proved, no one VIII cIan va. &
Judge should not be @ Or e proved
in any case, Judge Barnard received any su h W W
money for any order or decree. We % prove 'n'
In the Spring of 1863 Judge Barnord in what Is known
as the first Erie LITIGATION made nge1 6oSS yeSv heaV
lily on James Fisk, r Jay Could anu & ni,emen
and am sa%e o tSe Z! refuge in
yOnd reach OF the sheltering process OF te %
the history Of our judiciary that the process of the SUI
preme Court had driven the officials OF any %
out Of the % state IL Rawag Sas taS sss on Of the state mmc
datey thereafter, the testimony shows the couse
Of these gentlemen PREPARED IN 20 office sgsns
the Hon George c. Barnard Il was oil poured on ,ne
Every piece judicial good fortune that has happened
1n1 ;ss ssfn an and Lane
and their friends came back from Jersey City in peace
and quiet the aanS ,S 'Ie dTt %as np
further before the Legislature the charges IN
1t found out BY the connsei VINO dreW IL 70 9e I
frue and from that date began close degree oil social III
tImacy between Mr. James Fisk, Jr and Judge Barnard
and Messrs Fisk Could and Lane appear as
junction suits, ior the most remarkable series OF
and nation so called These
orders suspendng presidents and directors ,,an ana
appointing receivers Of large tr Sa SnSas Of M
lawful owners, enIoning elections, lmprisoning mem
bers Of the bar without BAIL no case OF any knu Sae
granted without hearing the party whose nper @ of f
process of the supreme Court things have been
done in only court in all Chrisendom Ihey nave nave
SeTe e bees done oily for one suor by judge
This one sutor the sworn testimony SHOWS mas oee
since the preparation of the memorial before
the boon companion OF Judge Barnard Judge Barnard
constantly at his Office In his Dox AT the Opera
House, visiting his mistress.
pAnrAnD'o
This one sutorat the COST however, OF the Erie Rail-
waysupplies gorgeous furniture for Judge Barnards
dining after the general style OF the furniture Of
the Erie Railway except that the monogram is g. g.
B." instead Of L. R,' and makes one Of his children
present OF $1,000 check of S3,OOo which IT, Like all
check and heckbooks needed In this Investigation,
unfortunately lost or destroyed, "beng of value
voucher" passes from Mr. Jay Gould as loan to Judge
money in bank bills the currency Of thieves when or
wheIe he cannot tell To appoint this one sutor re.
mothers deathDed in Poughkeepsle, and to New
York telegram dated at the house OF the
This same one suitor is able to follow Judge Barnard on
the very day OF his mothers funeral to the house where
and wrts unheard of In the law This one judge can be
found ny this one sutcr LOT proceedings OF al Kns at
uf time nd "a fp
orders proceedings OF Judge Barnard for this one
sSo% that Millions of dollars damage has by these
orders and proceedings Of Judge Barnard caused to in
to & capital Ifen has
from the & that az sey h1s S
city, both at home and abroad; unless 1t is shown
that, s. has been paid in cash to the Judge at
tho opinion Of men, corruption is proved It's
testified by MI Fisks counsel on his OATH that every
rect and could not have been rghtfuy refused aud
rayely informed that Judge Barnard has never de-
cded cause on final hearing in favor Of the Erie
the charge brought against him The causes
brought before Judge Barnard by these gentlemen
get far dual hearing, and intended to
get far They get to bearing at all The The
the chance for q hearing always comes too late.
ARE THERE GROUNDS FOR IMPEACHMENT
And this case rested OF the single orders or
proceedings, there might by possibility be shadow of
doubt in the mind Of some men 10 whether un-
dOuDteu ground OF preeunSS against Juuge barIard
had been shown. Many however, Of the cases here
proved In themselves Of gross nature such
complete and thorough ontrages the property and
liberty Of citizens, that there no suppostion OF inno
cence possible They must have been granted with
corrupt motive No judge can honestly grant such
orders II Is impossible 10 ina yne degree OF ignorance
in any judge sufficient to make Judge Barnards nten-
ions honest in most OF the matters here proved against
him. But II great degree Of ignorance pos
sibie, he should be removed at once for ignorance
and gross incapacity to perform the duties of his Office
Judge Prescott Of Massachusetts. mpeached and re-
moved for receiving fees exceeding In amount the legal
fees to which he entitled In $50 or $40 In