New-York tribune., 1872-07-18
JUDGE BARNARD's TRIAL.

OPENING OF THE COURT OF IMPEACIiMENi Al
sARATOGA-FIRsT DAYS PROCEEDINGs-THE
TACTICS OF THE DEFENsE-AN Ap1oohN-
uENT POR TwENTY-F0UR HOURS
SARATOGA, July 1.-THE Court OF lmpeach-
ment convened for the trial of George c. Barnard met
bor o,,v In the Town Hail. well adapted for
coprt puroses as IL possesses fair acoustic properties
with a gallery extending around three SIDES ana SUM
ceuy extensive, with the main floor, to ACCOMMODATE
ne many aratogans and strangers as are willing 10 ea'e
the races TO witness the trial OF notorious new iorA
Judge The hall breezy when air at all is strrlng
and In TIA new suit OF dark furniture, fresh from the
Senate Chamber at Albany, and contrasting strongly
with the bright handsome carpet, 1t is deightfm spot
in which to spend the few hours OF business winch arc
allowed in peasureloying retreat Ike saratoga rl'y
for the Judges and Senators who are apparently doomed
10 give to work the that other men take Tor recre
alton must be ironically offered since 1t is only during
the hottest hours Of the day that they are confined
when the ground intoerabe and hotel chamber
sitting.
Twenty nine members OF the Court beside Leut.-Gov
Allen c. Beach the President Of the Senate and by stat
ute the President Of this Court Of Impeachment, an
swered TO their to-day. All the Judges OF the
Court Of Appeals Chief-Justce Church and Judges
Allen Grover Peckham, Folger Andrews, and Rapalo
were also present, with the exception OF Judge Peek
ham, The absent Senators were Messrs. Alien, Ahies
(who detained by dangerous ilness Foster Harrow
er johnson, and Madden, who, however, subsequently
~.
and sent no excuse The Managers all present with
one excepton-Mr Jacobs of Brooklyn. Their counsel,
Messrs Van Cot and Parsons, who acted on the nves-
CATION before the Judiciary Committee as counse iorthe
Bar Association in connection with Albert suckney'
were reinforced by the senior counsel for the Managers
the Hon. Daniel Pratt of Onondaga County and assisted
by Mr. stickney and Burton N Harrison, one OF the
counsel for the prosecution in McCunn's case Barnard
was Represented by W. o. Bartlett and Rufus f. An
dreUs the accused himself not being present.
The roll had barely been called when the usual open
ing tactics of defense were resored by Mr. Bartlett,
who wanted weeks delay for the distinguished re-
spoudent his client The President reminded counsel
that the oath must be administered to the Court before
proceeding to any business. Mr. Bartlett raised the
pont that the Court could receive the oath in the
absence Of his client and stated that Judge Barnard was
eonfued at home in New-YOrk by gout, ana prODapy
could not attend for a week. Mr.. Bartlett then read
certificate TO that effect from Drs John G.. Crane, j. o.
White, and ID. Clark.
acknowledgements Beach promptly overrued the
question about the oath by ordering it TO be admins
tered and MI Bartlets point, which would have been
strong one the defense since had 1t been decided
IN their favor the Court would seem to be entirely dc
pendent upon Judge Barnads caprces OF positions
whichever il might be, was lost. The question OF
weeks delay was, however put TO the house. when de
cded against it promptly Mr. Bartlett, it may be men
toned also added In support of his proposition fora
weeks declay the rather strange argument that he him
self wanted time TO confer with his client Before the
oath could administered he nterposed another obec
tion namely, that il contrary TO statutory pfOVs-
ions Tins objection was quietly ignored, and the oatn
Vas at last administered. Mr.. Bartlett then brought
forward his last resort and announced tnat the soeae
counsel MessIs Beach and Reynolds, were detained in
Albany in the Tweed Connolly and telGs cases ana eou
not possibly be here He read letter from them to this
effect, which was nocesG from the discrepancy OF me
time asked by each Mr.. Geach requesting OhlY udy
or two instead OF the whole week which Mr.. Bartlett
tried to get he brought forward the letter The
evidently disposed t. be just To the people rather
than to Barnard, granted MI Beachs request
and adjourned until tomorrow morning. -
There is cloud OF witnesses here waiting to swell the
volume Of proof against Barnard. You meet them in
hotel corridors and cool DGrrOOms. They huttOn-hOle
each other and you, and exchange eOnjectures as to
when they will be called They are ready and anxious
to in the morning but want to see the races III
the afternoon.
The rather unsatisfactory proceedings IN the Court to-
have least shown thing stern determine
tiOn 10 ont exact justice 10 the accused Judge
whether absent present and TO have no sentimental
DELAYS over such utmental illness tine bout.