New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-03-08
THE JUDICIAL INVESTIGATION.

BARNARD's CAsE--IHE EatE Cossr,RACY-How
CULPRTs WERE RELEASED on HABEAs
CORPUS.
The fact that Judge Barnard had been sum-
moned before the Le gislatIYe Committee TO answer
charges Of corruption and malfeasaDce in Office drew
together yesterday, az lie Fifth Avenue Hotel mum
Der Of persons who having for long tmo admired the
pecunarts Of the brusque Judge not slow tn show
their sympathy Tor HIM his position vi accused
person There are specific charges against Barnard
and one general charge The latter being accusation
that during his long VI office he has persi-tenty
and Intentionally nsulted members OF the bar and Others
who had Court Transaction with him, and that he fire.
duently used abusive language in speaking from the
bench Whether Judge Barnard considered his position
a humating one not, he certainly treated 10 WITH
large degree Of assumed nonchaance and affected TO
consider his entire acquital "a fOregOne conclusion. In
his Ongersat.on acknOwled ged hs EXPIRE sslons on
the bench and seemed rather PRIDE himself that he
hai used them The charges 0t corruption he denies
and defes Investigation.
The opening OF the inquiry delayed by the non
appearance Of witnesses who hal been subpenaec.
that IL was nearly o'clock before the Judiciary Com
mtee announced Themselves ready 10 open the proceed
ings Dudley Field was the first Witness and the charge
upon which the Committee began WAS that Judge Bar
nar had made corrupt agreement with Jay Gould aud
James Fisk jr, to take possession Of the Albany and
susquehanna Railroad, and that he had granted the
which they were lot entitled to demand Mr. Field
testified as IA the right ~ the law firm which
ne represented 20 appear n the and produced
written agreement between the firm and the Erie Drec
tors, employing them counsel. and also written in
.ructious from the Executive Committee OF the Erie
Directory authorizing Field & Sherman to begin legal
proceedings against the Albany and susquehanna Bail
road. Nj. Field before tne Committee nearly On9
hour andahaf, and there The Investigation stopped pc
caused tine other Witnesses summoned did not appear
Rufus f. Andrews, who Wa present with Judge Bar
nard as hi- cou>"l made speech az the c0Se OF hr
Fields testimony Offering 10 pI0Ince All tne witnesses
and papers in OF the counsel for the
Bar Association were unable 10 procure them,
hut THIS tender OF service was drVIlhed fem
ng the Invest CATION, Judge Barnard, IN Mt
Judiciary "a the hShest position TO which man could
aspire, he thought that whon any citizen knew or
fraud llt Mt transaction done by Judge he should inn
mediately and completely expose IL at any
cost Two members Of the Bar Association
expressed themselves In nearly the same language
At the evening session the OF the Bar Association
against Judge Cardozo were taken up and several wit
crrl sessions produced an ~ the bonds and personal
rccognzances by persons converted IN the Court
afterward released baboas corpus The evidence
produced TO show the criminal negligence with
before their terms Of imprisonment had
expired. was conducted. II appeared thai while
many others discharged without the fling Of
bond whatever Upon these points. Messrr. Yevert0n.
Ogden and Jordan were inned briefly. One witness
M YET to examined IN Judge CarlOzOs case, but this
evidence will be taken at Albany and Is probable that
Committee viii then summon three other Witnesses
o,D,,rL vhen we.srs Frederick Lane Henry Morgan
and X. Coleman the notorious receiver OF Judge
BARNARD, viii be examined David Dudley Field, whom
Inc Committee could ind yesterday, Mr. Sherman.
Who IL Il said il at bany aud Mr. Sterling, said TO be
suffering from eye, ana 40 lncapaclated from a-
peariug yesterday will also appear to-day or be attached
by the Sergeantl arms.
A resolution was submitted yesterday Ivy member Of
providing for open all OF the
persons interested having assented. and to-day
thi- resolution will b. brought up and probably
passed. Tais seems tO be the necessary since
tho Committee have found that they not able
To guard AGAINST intruders, Of whom
last night apparently with the connivance Of the Clerk
the Committee gained ingress shortly before the com
mttee adjourned. Unless special business calls
them Albany before they have concluded Jndgc Bar
nard case the investig cation Will % the end with
ont Interruption.