The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-07-21
JUDGE BARNARDy TRIAL.
How the Senate and the Court of
Appeals Agree Together.
The Political PulIings of the One and the
Judicial Dignity Of the Other.
The Line Of the Defence and What People
Say About the Case.
YESTERDAYS PROCEEDINGS.

A~~NA s, a.
YESTERDAYS PROCEEDINGS.
SARATOGA, July 20, 1872.
The trial Of Judge Barnard has at last come down
to earnest business. With the exception Of two or
three country donkeys, who are always wanting to
''clear the chamber for private consultation" and
one or two weak wits, who cry, nothing Of merri.
ment or moment in anected soto voce, the Court
| OF Impeachment appears to enter upon its work
with dignity and diligence. The presence OF the
FINE BODY OF JUDGES
Of Appeals has good influence upon the politicians
Of the Senate. who began their duties by highly AMI
mated requests Of the Clerk to give them the most
cheering form Of information about the way to
draw their extra pay.
THE MOST MARKED PEOPLE
In the assemblage are Judge Church and the grim
Judge Grover. who mean business, economy and
discipline. The managers, after their grand
squabble to be put ON the places they occupy
have subsidized to their primitive schtst, and
excepting Alvori, one Of little moment to
the fortunes of this cause. 1t Is battle
between counsel, with public opinion for the
court, almost every member Of the body being
representative Of his particular amount Of sus.
stttuency behind him; and this is, perhaps, the
nearest we will ever come to justice in causes Of
this exceptional nature and magnitude.
| The account written by Mr. Macaulay Of the
TRIAL OF WARREN HASTINGS
has had perniciOus effect upon the trial Of all
! modern impeachments. 1t covered up with the
gewgaws OF personal biography the real body and
spirit Of that long trial, and converted into dra
matte procession serious and important prece-
dent In courts OF grave and occasional authority
Hence, whenever Judge misbehaves, or q Pres
dent steps the ine there is profound agitation
among all the shallow pates in the impeaching body
who suppose that they are to go straightway to i'm
mortal fame on the canvas Of some West or In the
pages of some Hildreth. History will never revive
without ridicule the prompt ostentation with which
the managers OF the impeachment OF Andrew John
son went to get their photographs taken in group,
to give all the due facilities to the said history nor
the laborous efforts Of one manager without imagi
nation to turn that extraordinary figure Of speech
of the sFlole in the sky" IL Is a subject Of con-
graduation for their heirs and assigns that these
managers OF Judge Barnard's trial concluded, after
agonizng debate to tie their ears over the tops of
their heads and bray only in whispers or private
sessions.
THE SENATE.
They have shrewd, unninching, ready foreman
in Mr. Alvord and their attorneys approach the
question with that slow deliberate, besieging eau
ton which intimates very thorough and unsparlng
work. The presiding oflicer, Lieutenant Governor
Beach, as have before remarked, looks the can
dor and power Of authority from his fine open face,
and he has besides splendid presence nothing I'M
necessary to say and would rather be efficient than
brilliant. Among the Senators there are half
dozen cunning. unreliable faces, and three or four
nippant and lightweight characters. Some OF these
0enatcrs were constructed for looser terms ofegis-
them and foundered all their hopes. In the main,
however, the Senate ia superior to previous bodies
g. snd not inferior 70 5e sa%e e n a.
wealth, others Of record, and several Of that calm
selfconstrained walk which is the surest, II slow
pace toward permanent distinction
THE RESPONDENTS COUNSEL
are not selected with view to their mutual re-
and no longer, in the felicitous language OF q
former EFFORT, excaims that his client "bares his
bosom to the shafts that come from every quarter
or descants impressively upon the painful nature Of
the respondents hereditary govt. Mr.. Andrews
seems to be the outofdOor man, and he Is awake at
be friend OF Judge Barnard more than an advO-
cate Mr. Townsend has explored English law TO
study the precedents In impeac an the buk OF
nolds. Judge Barnard Is not here, although for
some time suspected to be rusticating In cottage
at the Grand Union.
THE PRESENT IMPEACHMENT AND ITS PREDECESSORS.
The trial Of Judge Barnard being an impeachment
in form, with anterior and surrounding circum-
haps, the most important position OF any State
Judge in America--On the Supreme Bench OF the
Union-compares in importance with the trial Of
Judge Chase, which happened in Washington city in
the first term of Jeffersons administration, Aaron
Burr presiding.
The offences charged against Judge Chase were
almost purely political, or were offences against
equity and judicial moderation, arising out OF the
extraordinary acerbity Of the federal party toward
risen and victorious JenersOnianisn. The semi
monarchcal pretensons Of John Adams and the
ra,ra laUic 1at nd a
sympathetic administrator in Judge Chase, and the
new party brought him TO the bar OF the Senate
The purity OF his life and his decision and fortitude
in the Revolutionary war gave him the moral sup
port Of nearly the whole Of his party, aud he was
not punished
There is no parallel whatever between the
causes of indictment Of
JUDGE BARNARD AND SAMUEL CHASE
No political passion enters into this issue, and
the charges are wholly of personal misconduct, par
TALLY and judicial corruption extending over sew
eral years, and nearly brought to trial five years
ago. The powers and influences which stood
at Judge Barnard's back at that time are now
which he acted has entered into new alliances; Its
Old debauched ringmasters are impOtent to
even sas no e az
party, and within as well as Independent OF the
Bar Association, democrats, liberals and regu-
lar republicans are among the prosecutors OF
Barnard. Two judges, associated with him In
public notorety, have retired from the Bench
one by voluntary resignation the other by re-
moval-and II Is current talk here that one other
Judge would have been presented for impeachment
but for the approach OF the end OF his official
term and some other reasons notnecessary to men.
ton. There are
THIRTY EIGHT ARTICLES OF IMPEACHMENT
in Judge Barnards case, separate and cumulative,
each charging oppression" .1nlury" aud matter
OF scandal and reproach." There are fifteen
specifications Of Language coarse, obscene and
indecent among which jeers and nings at
the Court OF his pending trial. In another letter
will take up these articles and run them through.
They are supported by huge pamphlet containing
Testament
probably the whole of this testimony will be again
taken In the course of the trial. The Court is a
law unto ITSELF there Is no appeal from its de-
cision, ana 1t can limit the period OF the trial If 1t
wishes.
THE MEMBERS OF THE COURT
have been reading and commenting upon the articles