The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-07-19
and watch nor hirnself the course Of proceedings"
"What are the merits OF Judge Barnardas


eleven years Judge on the bench, only two or
three OF all his hundreds perhans thousands, or de-
cisons have been reversed BY the Court Of APP
peals One Of the very charges made In these articles
OF impeacnment-hs decision IN the case OF Ramsey
been noutralized by the Court OF Appeals which has
since confirmed his action even while this trial Is
| pending.
''lndiscreet fidelity to his friends and loose
! animal spirits There isplenty or testimony TO be
aad without gong TO nd IL on n snese 9eads ou'
ais lie man OF education pa
| Eyes, educated at Yale. man OF natural grasp
and understanding, with very wide ana adve ZEN
success achieved at an early age, both socially anu
THE SIDE INFLUENCES.
what are the influences pressing this trial9"
1.-THE Bar Association Of New York, with some
side support, OF an unsteady character from the
tlemen as Samuel J. Tilden."
"Are the managers men OF ability ~
''Two three of Them AlvOrd is a very able
man, with long experience, resolution and force.
veddcr and Huested, OF Pcekskill, are also men
ab , the average capacity OF State legislators.
"Do they, as managers, compare at all with the
managers Of the impeachment trial OF Andrew
40 Lord MOI Ben Butler could swallow the
"WHAr rs THE CHARACTER OF THE COURT
OF impeachment, generally considered ?"
THE Judges OF the Court of Appeals are innexi;
BILE, pure men, holding over for long terms, well
qualities Of mind. Names like Sanford Il.
are good enough for any BENCH and the trial OF the
highest causes. Ii happens that the majority OF
These are democrats, put nopody can cnarge any OF
tce The Senate, also is an able Senate, one OF the
best we have had for years."
POLITICS IN THE TRIAL.
VIII politics. In your Judgment sway this
venture upon this matter. The dominant part Of
the Senate is administration republican, and
since the democrats have made a., fusion with
exceedingly bitter, and swear to strike or the
head Of a democrat wherever there Is chance.
! and know very We'll what the political part Of q
court OF this kind is capable Of in the way of
who show scrupes ~ Besides, there Is Is a q
vast outside hue and cry against Barnard
which evidence Of technical sort cannot not
John the Baptist's, on a charger, by thousands of
influences and folks, such as ragged for the blood of
costly folly of Johnson's impeachment. Happily, 1t
takes two-thirds vote here but the old Judges of
Appeals have no more voice than the political Scna.
tors"
THE TAMMANY INJUNCTION.
"Will It not be In Barnard's favor Mr. Andrews
that he so promptly arrested the excuses OF the
| New York city government and put an injunction
upon the Comptroller and other officials ~
That ought to be powerful point In his favor
with all conslderate people who have seen the mar
wells accomplished through Barnard's injunction
that andacious and cool spirit OF fearless defiance
which is part OF these present charges against him.
without that act we might have had collision
and revolution In the city OF New York. III you
will take this large pamphlet OF evidence-nearly a
thousand pages-and look at the testimony on this
the public confidence, shirked their duty on
that OCCASION while Barnard as Edward Pierre
SuRepan@ wa ne es Eae 70 inc rSn
the city government. AS his term was about eX-
pirne he objected to taking the responsibility and
preferred they should make the application to some
| other Judge. They next went to Judge Ingraham,
! who was not to be found. Sutherland also slOped
In due time and, being found, finally refused the
| papers.
| BARNARD WAS NEXT SOUGHT.
! He promptly offered to meet the Committee OF
! Seventy's lawyers next day In Court and then and
there deliberately granted the Injunction. Barnard
then modified the Injunction at the further sOlicta
ton OF the counsel OF the Seventy aforesaid, to
! let the city government proceed under safeguards
All this stands out In clear relief In Mr.. Strahan's
ferrcd taking his chances of denomination to
granting the prayer Of the petitioners; ana then
except Barnard The testimony Of Judge Barrett
was TO the same effect, when, leaving the court
room, he said THAT was bold and noble act Of
Judge Barnard, and If I was Judge would not
have had the courage to do 1t without taking the
papers,
ayes; otherwise they would have prevented
this impeachment business progressing as 1t has
to, and have had no time, either for resentment or
to- give aid"
ton.
WHAT BARNARD's FRIENDS SAY.
Mr.. w. Williams, amongst other friends Of Judge
Barnard, says that his personal tncOrruptlbility
with money Is proved by his poverty, and that he
sold his diamonds few days ago to pay attorneys
of Barnard on the Isnch that cool remark that he
made when John MckeOn stormed at him :-"0ni-
| cer open that window. Here's man with the
hydrophobia.n
Plenty of anecdotes are current OF Barnard's
noncltd0H humor, as, for instance, his appearance
before the Judiciary Committee Of the Assembly
with lavender kids and diamond constellation on
his finger Several Of the witnesses brought here
are earnest friends of Judge Barnard.
MANAGER ON BARNARD's CHANCES.
"What are the probabilities Of Barnard's acquit-
tai W said TO the manager in question, referred to
above.
~ think he has no chance whatever. That is the
opinion OF the members generally OF the judiciary
! they took, and of all who know the temper, com
position and expressed sentiments of the great body
| of Senators. believe that as In McCunus case,
the democrats Will vote solidly for the present at
ttude OF morals and politics is the worst that could
! be for Judge Barnard. Those who would like to
! help him see no opportunity before or bchind.r
DANGER.
'Upon what do you think he will suffer mostS"
"All or nearly ALPHABETICALLY those relative to
the Erie cases His pronigacy Of injunctions, rain
ing them down, so TO speak, without preteXt, and In
the face Of law and public opinion his INSCRIPTIONS
reference OF the greatest interests to the worst
men, imperinQ all propcrtp; his open appearance
in the streets and theatres, with the people under
whose rod society suffered, and not only these
facts. but the universal dispersal OF the knowledge
OF them, make Il sentiment which no Senator can
ulsODey ana ne returned 10 any place OF trust
again by any description of constituency Few people
knew, comparatively speaking, OF Judge McCunn's
offence, and yet he was convicted by solid vote OF
both parties Judge Barnards name is a national
word for judicial infrmities and excuses Upon
similar charges as to receiverships and referees
Judge Cardozo resigned without rlsking a trial. II
Barnard had any social wisdom he would have fol-
lowed that example"
''wnAr DO voc THINK OF THE LEGAL EXCEPTIONS
to be argued by his attorneys Have you read
them ~
.'They will all be overrued. II this were an ordl-
nary trial there might be fitness in that form
of defence; but for q Judge OF the Supreme Court
to rely upon that kind OF negation and technical
error is in itself subversive of Justice, and implies
commercial desire to BIO acquitted, instead Of a
wish to be honorably indicated"
NO MANAGERS TO ne NOISY.
"Will the managers themselves undertake to
argue and press this case, at Washington city ~
mo sir The board OF managers was made up