New-York tribune., 1872-07-31
'-i ipx rrLRcnApu TO TIE TRIBuNE.l

RARNARDjs FOUL LANGUAGE-ANDREw J.
GARYEY's TESrIMONY-INTEREsTlNG plsCLo-
sURES.
IBY TELEGRAPH TO THE TRlBUNEl
SARAToGA. July 30-The High Court OF I'm
reachment resumed this morning. the examination Of
f. n Bangs a New-Yo lawyer OF 20 years practice
who was counsel for the Milwaukee and ST. Paul Rall-
road in lsCs the suit instituted according TO The com
plant, for the purpose OF adiudsing that certain
bonds held by the plaintiff were bona hde bonds i"r
value and that plaintiff entitled 10 the security
of mortgage The appointment Of a receiver was also
asked for together with an Injunction restraining the com
many from removing the state OF its books or
papers On Aug q, 1865 Barnard granted an injunction
upon the complaint of Bright, and nothing else re-
straining the company from doing any business Ihe
only security Barnard required was an undertaking OF
the plaintiff the of $3.50, without any affidavit OF
qualifications Justification, On the same day Barnaru
appointed James NJ. Sweeney receiver without any Sc
curity.
C. r. Stcinhart who was not present yesterday, was
next called in reference to his suit against Funk the par
tculars Of which have been given. His testimony was
a striking example Of the stupidity which sometimes
anuses "a courtroom, and while he failed TO make
very favorable impression upon the Court his prejudice
i'm Judge Barnards favor apparent To all Even the
accused had to laugh when Stenhart volunteered the
astounding information that he knew Barnard was "a
lust and honest Judge"
Edward F. Underhiil, a stenoGapher, was called TO
verify the testimony Of George Hall, deceased, taken
before the judiciary Committee, identifying the chairs
in Ba1naTds house similar TO those IN the Enc Office
Joel O. Stevens Deputy sheriff OF Ncw-York. testified
next in reference to the old fight between the TammanT
Society and Police Justice Scott. Barnard, while mem
Der OF the Society," granted order in the interest OF
Tweed restraining the Society from preventing the en-
trance of the General Committee, which attempted To
hold meeting in the hall The squabble is familiar to
all and the order Of Judge Barnard was sufficiently COM
mented upon at the time.
6. E. Miles, law reporter Of THE TRIBUNE, repeated
norton OF his testimony given before the Judiciary Com
mttee last Winter, in reference to Barnards Indecent
utterances the bench but most of the specifications
were stricken out under former ruling OF the Court
This witness said he employed by the Bar Assoca-
ton TO attend the sitngs Of Judge Barnard and report
his sayings and dongs his instructions were 10 report
such proceedings as would show how business
transacted in Judge Barnards court Mr. Beach" Your
business was maSeJuGge Barnard lustrlous r. Wit
ness-"No, Sir; notorious
BARSABDs GROSS NDECENcY.
Ex-Judge L. L. Birdseye Of New-York testified 10
speech OF the ylest uttered by Judge Barnard
while on the bench in the presence of woman The
language was so gross that mider word inserted
in the specification of impeachment Mr. Parsons pro
posed 10 offer In evidence the testimony of Judge Birds
eye, taken before the Judiciary Committee, without
reading IT, wishing the witness 10 repeat such Of
fensive language in the presence oi room full of aides
Many or tle women tstut ptGrStit m even
after this explanation, although number Of them hur
redy departed Mr. Beach insisted that he shond Object
10 tins evidence. The LeutenanGovernorw about TO
put the question the House when Judge Grover
marked hat he had never the real Language, and
therefore he could no, undersandngly The book
containing the vile word was accordingly passed round
and Judge Grover instantly said he should vote in favor
of the evidence going in II was, IN his opinion n
peachaDe uterance Tie vote then taken, and the
dbection was oyenued-l8 10 II. Mr.. Beach allowed
Mr. Parsons 10 read aloud the testimony untl the
tcnCe containing the obnoxious word was rci"hcd, when
he ohartaby allowed Mr. Parsons to stop, and the
went II without reading.
CARNEY on THE WITNESS STAND.
The name of the witness produced genuine sen.
saton IN courtroom, for it the famous paserer
Andrew J. Garvey, whom Mr.. Parsons called in a loud
voice The hall door opened, and in strobe the vertabe
Garvey. The defense looked surprised, and probably
were rather astounded. The testimony of Garvey
given in loud and yet anxious tone He has lost
that hunted haffrightened appearance which was 80
visible his memorable examination In the Mayor
Hall trial. there is doubt that the majority Of the
members Of the Court repOsed confidence Ia him. he
practically avOwed hmecf repenint man, who l. tell
ing the truth. because even imputng the harshest mo-
tves, he plainly that is for his own interest AT this
time do After the customary preliminary queS-
tons reference 70 his business &c the testimony as
suIned the following Interesting shape:
q. Did you know James Fisk ,Jr, and jay Gouldl A.
O. And Tweed who was AT one time director Of the
Ere Railroad Company A. Yes, Sir knew him 20 years
Q. Have you seen any Of these gentenen in company
with Judge Barnard A. Yes, Sir; | have seen him
with Fisk Fsks private box at tine theater in 1862
q Did you ever DO work on judge Barnard's housel
A Yes TescO painting and decoration in 1868 and 1869
@ Have you ever heard OF the Albany and Susque-
hanna Railroad and Union Pacific htigatonsi a. Yes
@ When was this work done, with reference to the
date OF these hugations A. can't fix the date.
@ DID Judge Barnard ever pay you for that work
A. No, Sir.
@ State the conversation between you ana him with
reference TO dongiti A. saw Judge Barnard IN the
latter part of 90 and he said wish work done
on my house !, think he sent one Of the officers
marc "a s;tG, : can nave anything done want have
q. Aud upon that You did tins work A. Yes.
q. To what amount A. did two jobs worth abont
Ihe crossexaminauon of Mr. Beach was unnecessarily
cruel When the witness replied to question in refer
the city frauds, " unfortunately am Sir" Mr.. Beach
il his most sarcastic manner said, agree with you"
have heard go, but never did anything criminal.
@. am not examining on that question A. When
q. Have you recently lived openly in this cityi A.
Yes slr.
{, And DO attempt has been made to arrest youi A.
Q. or require bal against yOui A. No. Sir.
ties conDtced with The city treasury A forced
out Of the city by iptimidatons and threats
& Isere W SeGI' ID you "a goi i 4, No Europe, Se ~
q Have you III any way since y0urftturn 10 NewYork
compromised your difficulties with Iweed's friendsl A,
O. Have you had any understanding with those repre-
senting the city IN the prOsecution' A. None IN the
world there have been overtuTes made 10 at ali
aud have not been arrested
During the crosse Examination Mr GaTvcy added 10 an
answer that be would not tell al untrub' Mr. Beach
insutngy replied, 81 done know whether you would OF
The remaining Ease considered during the day was
that of John X Elmendori against James savage, 10
compel specific performance of contract for the sale
10 the paiDuf OF house ana lot at the price OF s?Uo
In this suit d. T. ingiaham IT was appointed receiver
aud Judge Barnard made several orders granting e1or
bitaDt and grossly unjust allowances 10 him, 70 the
plaintiffs attorneys ana 10 Terence Farley. Ira shaer
vas ingrabans counsel and Bar nards friend. Andrew
Boardman, New York lawyer ana others we're exam
ined on thls case Tomorrow Frank Bar aud Horace