New-York tribune., 1872-08-16
THE BARNARD CASE.

PROGRESS OF THE SUMMING UP.
MR.. BEACH CONCLUDES HIS ELABORATE PLEA
JUDGE VAN CoTT BEGINS THE FINAL ARGU-
MENT FOR THE PRosECUTIoN-AN ADJOURN
MENr PROBABLE.
IBY TELEGRAPH TO THE TRIBUNBl
SARATOGA, Aug. 15.-There is now proOa-
biity the Judges OF the Court OF Appeals will ask
for an adjournment Of the Court for time TO prepare
opinions before they submit their notes. for the present
impeachment is one Of great consequence ana they
nightly understand that 1t will be an important matter
Of future reference Unfortunately for the hopes OF the
members of this Court who rash enough to expect
early return this week 20 their homes, Mr. Beach
made two hours job Of the summing up for the defense
again this morning. He dwelt again on the
subject of press persecution TO the
disgust of many members OF the Court,
come Of whom freely expressed their opinion
of injudcious frequency. One Of his strange views
taken to-day was that il tho Court condemned Barnard
condemned those practitioners on whose application
he acted and another that Barnards injunction in
the Foley suit which led TO the breakup Of the Ring
ought TO clear skirts from the mputation OF corrupt
motives
The witness Garvey also in for large share OF
Mi Beaoh's attention, and denounced as unworthy
Of belief 1t VIII be remembered that Garvey charges
pecuniary corruption only on Barnard, while Mr. Beach
claims it is not record that he is guilty OF pecunlary
corruption He passed over Dr. Quackenbush's disagree
nent with the respondent in regard to the chairs with
the remark that was merely failure OF memory, and
claimed that the worthy Doctors evidence was
rofu$ation of the charge Of bribe-tahng, but he
did not deny that also showed intimacy with Fisk He
stated that did to be the apologis of Fisk
He did not admire his character but it was his duty TO
defend him so far II operated Barnard. But his
soldest statement was in regard to Barnards boast
about giving the patronage Of the Court to his friends
He went so far as to say that every member OF
the Court would give the patronage TO friends
rather than TO enemies was perfectly proper,
and vn111d do oh
seduittod.
MR.. VAN CoTTs REPLY.
The reply Of Mr. Van Cott was widely different. Dsdain
the speech Of his more pretentous opponent. Dsdain
nag to enter upon any personal denunciaton OF the ac
cused abuse of his legal adversary by whom he has
been twice called subtle and tealthy emissary Of the
Bar Association" Mr.. Van Cott, with his first words
asked the very question Of Mr. Beach which everybody
wanted asked and which dpes at once the force OF the
latters sentiment about the pursuit Of his
client for years. Why queried Mr. Van Cott has this
hostility been general and so continuous on the part
of the press the bar and the commuDityi Geo. g. Bar
nard is yet q young man. He has enjoyed
extraordinary opportunities in public positions to
win enduring reputation and to draw
himself the respect the affection and the confidence
Of the people Where have their enemies come from
Have they sprung out OF the groundi Mr. van C0tt IN
Chiefusce Nelson of the Supreme Court OF the United
States whose services for half century nave never we,
unlicensed press. Plainly enough and calmly enough
MI van COtC showed that the
gentleman fallaciOus that there deePseated
reason for all this, and 1t could be found SIMPLY and
AOely in the corrupt and deysh NAL conduct OF the
respondent himself.
NR. BEACH's ASSAULTS REPELLED
The speaker took up the attack upon the composition
Of the Court just where Mr. Beach left it, and proceeded
to complete the argument in a way probably entirely
fore gn to intention desire Of the latter So far
from there being any that the Court animated
by political animosites it hoped instead that the
Court would be divided upon the line Of the political
anties of members and prevent the judgment of
ewothirds conviction and condemnation of the
accused Mr. Van Cott repaid the discourteous ausion
70 the managers as dummies" by asking
what Messrs. Bartlett, Reynolds, Andrews, and
townsend had done In the way Of assistance
apcn the other side as those eminent gentlemen
had principally occupied their time thus tar during
the trial in resting calmly upon their chairs and looking
WISE with an occasional sarcastic smile TO accompany
that OF Mr.. Beach. The hit exceedingly effective
and was reished by the Managers, whose aid ana sup
port MT Van Cott subsequently credited deserved
ety in continually reading and quoting newspapers TO
the Court and striking right and LEFT at the Bar AS
eociatOn which really has no standing III TINS court,
strong point was made Of the fact that the defense had
had advantages never before enjoyed by an accused
person great State prosecution. Inc estmony for
The prosecution on the trial s substantially the same as
pn the preliminary investigation, and notwithstanding
the time the defense has since had 10 rebut the evdeneg
they have failed TO do it, AS Mr. Van Co sald the de-
fense the OF a the witnesses for the pros
ecuton and all the testimony while the prosecution has
had work in the dark TO meet with tactics never be-
fore employed for mere was TIE common petit petit
was given to vndicate the accused from the charges in
the articles The evidence Of Dr. Quackenbush was dis
sected and shown 70 be suDerfuge ana not only tnhl
put a ridiculous one for he had only come forward az
the moment to help his patron out OF scrape, ana
when he did, he was fatty cOntradcted by that very
patron The hour Of adjournment arriving the further
argument postponed until morning, aud Will proDa
by occupy most Of the day.