New-York tribune., 1872-08-07
THE BARNARD TRIAL.
THE LAST DAY OF THE DEFENSE


az THE sTANp-BARNARD IN HIS OWN BE-
HnF-A PITIABLE EXHIBITION OF TEMPER
lBY TELRGRAPH TO THE TnBUNEl
S,RAroGA. Aug. 6-The last day of the de-
fcnse in the Barnard impeachment trial mas oeeu VI ="
usual interest. even so than when Mahsnei" "o
an attentive audience for hours. News MES WIZ" .
velous rapidty in Saratoga, for although u nSu w,
80 rroviopslv announced that Judge Barnard
,r,oaa be a witness to-day in his own de'ehso'
he had not been on the stahd ten "
before the courtroom filed with an easei ""U Y1,
peetant assemblage, composed largely OF I"ui'e' - -
wife was said 10 be present, as wen as many
friends legal and otherwise. IL was field day lor 'o
counsel also; for they supposed to possess tne %
css for public display OF talent as other men' anu
ia pct often have such an opportunity In the slnah
conrt-rJoms Of the Metropolis. MI Beach was VI
course unusually diended, sarcastic, ana nperunehV "
the gentlemen who are conducting the active portion o
the prosecution for the Managers In fact, his exam
nation Of Andrew j. Garvey, who was again oeioro
ths Court to-day as the defendants witness, was 80
grossly mkind that Mr. Parsons finally eomplaiheo ~
the Court and then silenced MI Beach, whose sv"9
iars upon the spectator from its undercurrent VI
aud the concerted smile which accompanies r' ~ 80
thai the Court would prevent the witness -. 'rod
insulted 'in the manner which is haoi'u ~ ,,y ip
counsel" Mr Beach also took occasion 70
p,RtrSE correspondent because he hss no' oeen
Immersed with a due consideration Tor MS V"
profuudity Of talent, and has reiralneu loN go,
ptr,tb In REGARD TO IT, Evidently the Nulherao spO0
en- Ne Rcachs makeup is the matter OF wit. NO'nihR
stirs up the muddy water so quickly as to onaieo i'
with dulness OF wit OF heaviness OF repartee'
REPORTS OF BRIBERY AND CORRUPTION
r, proper now that the case is about coneudeo' 10
take up the gauntlet which Mr.. Beach threw do"h In
the beginning of the trial. when he alluded 10 Tue c
scters which surround the trial. and to ask MN II nc
included in those characters the very quesonaDe one
that is reported to be stopping at one OF the large ho'es
here with plenty Of money in his pocket and an uh-
eoua amount OF inclination to spend it upon the nna
votes THE TRIBUNE correspondent was told very lately
by a gentleman whose position guarantees DIN
70 be frst-cass authority that prominent sen
atOr here has a friend who was apprOaChcu
nv auan with an offer ike ths II the prominent seha
tors friend would promise the favorable vote OF the
aforesaid prominent Senator without regard to now any
one else should $4,000 would be put into ms nahds
and no questions would be asked; but II the senator
failed to vote promised, then the $4,000 must be re-
turned Whether it is true that such Infamous III
auences are at work to any great extent in this direction
it is impossible say but without seeking to inict
personal Injustice upon Judge Barnard 1t must be stated
that this is no "baseess newspaper fabrication, but
founded upon fact
BARNARD WILL NOT RESIGN.
The proceedings of to-day began with sensauon the
moment the gavel sounded for order Judge Barnard
arose. and addressing ChieiJustice Church. who oeeu-
pied the chair in place of the LeuenantGovernor pro
ceeded to utter denial OF the paragraph that appeared
in THE TRIBUNE OF this morning, in reference to his
resignation He sand:
Previous to the beginning Mr.. Chief Justice OF the
proceedings here to-day, deem proper TO say IN con
sequence OF two articles which appeared IN paper pun
lsned in the city and county OF New-lOIk similar III
many respects others which have heretofore been pub
shed IN effect that had resigned or ntendedtO resign
that they wholly unjust uncaed for ana erroneous
Wnen came here to this court came with such wit
could get. prepared TO meet any charge nai
an now T. meet any OF the consequences Of my acts
justice OF the Supreme Court, whatever they may be-
di1SHsifcton from holding any office Of honor profit
trBst during the period OF my natural life
THE UNION PACIFIC RAILROAD SCANDAL.
As soon slight rustic Of whispers succeeding this
declaration had subsidized Mr.. Clark Bell, who
sci for the Union Pacific Railroad the time the order
was granted by Judge Barnard on the 18th Of March,
enioning John j. Cisco Treasurer from removing any
Of the bonds securities and money from the state
called witness for the defense, and testified that he
applied Judge Barnard at his house the day for
modification OF the order seriously interfered with
the operations Of the Company and Judge Barnard said
that he had granted the order Inadvertently broad
was, and hereupon he modified the order at the re
OF the witness Mr. Beach tried 10 get the witness
10 state positively that on the examination Of Durant on
the contempt proceedings Judge Barnard did repeat
the sentence hat ne had driven one set OF ID seOu-
dres OF the state, and going 10 drive another
but that it quoted by Durant. But the
animation he could state anything II positively
and would not deny that Barnard may have said, You
refer 10 remark made at the AsOr House." DC. In
reference 70 the interview al Barnards house when the
injunction order was modified, the witness admitted the
in which he swears that he told Judge Barnard II you
are going to make US settle with Jim Fisk any way be-
right; hut We can't 20 a step further under
this order If we obey" Mr.. Barlow was with
the witness and united in the application for mOdhca-
ton OF the order, and IL may explain the suddenness
with which Barnard perceived that the injunction would
intimate friend OF Barnards and Mr. Bel was shrewd
enough to take him along as companion. But the in
junction was modified and matters smoother until six
days later Ehen on the lsth VIM Tweed was appointed
receSeI; 5 then the company rebehed, aud Mr. Tweed
IA As he utfua .Efafa
that was no fault CT Barnards The witness said he al
ways advised the Company not 10 heed the orders of
Barnard because nc considered the case had been re-
moved TO the u Courts. Their position always was
the u Courts without the concurrent authority OF
any State Court.
GARvEY's PLAsTERNG JOBS.
The defense next called Andrew j. Garvey and Mr.
Beach said he proposed to show by him that he had ap
piled to nearly all the Judges in NewYork City for leave
TO do work in painting decoration &C.. upon their build.
ings gratui.ousy Mr.. Garyey, however this time re-
fused to be made tool Of aud denied fatty that he
had had eyes done work for Judge Brady, Thos. ].
Cfeamer or Judge CaFdOzo. MIR. Beach continued
TO ask the same question aud over
again although Garvey repeatedly answered. "Not to
the that the counsel should not harass the
witness So Mr. Beach replied, lll-nauredy, +" l don't
have scribe IN Court who reports his utterances In THE
TRIBUNE" Tue remainder OF Garyeys testimony con
sisted Of the statement that he had had
Win M Peckham and Mr. OCOnor In regard his diff.
neulty with the city.
THE ACCUSED IN own DEFENSE
Judge Barnard then took the in his own defense
1T would be fortunate II the manner and appearance OF
the man could be reproduced in these pages or II IL
possible print his testimony verbatim hut Il
can only be described sensational 70 the last degree
The soldiery bearing which has made so deep an i'm
precision on Que Of the newspaper correspondents and
which partially produced by the tighthtting close
buttoned coat which be always wears was all there as
he stepped jauntily up TO the Clerks desk and
held the Bible TO his lips The remembrance
OF the scene VIII be lingering one IN the memories ~
ls