New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-07-26

4 SMALL VICTORY FOR THE DEFENSE - BAR
NARDs ALLIANCE WITH ERIE-rHE CHAIRS
MARKED &c. G. B.n-rHE sTANWOOD UsURP-
ALTON.
fBY TELEGRAPH TO THE TRIBUsEl
SARATOGA, July 25-The impeachment trial
pceeds rapidly, and II estimated ,nat IL VIII DO
concluded by end of week The continued ab-
sece of Barnard commented upon In terms anything
bu favorable by many Senators who refuse 10 DeeYe
that the govt keeps him long prisoner fos-
siby with his usual quick wit he perceves that the
result Of the PRESENT proceedings is forcgone concu
siof aud one which his presence will serve 10 rem
der only more certain. All the Judges Of the Court OF
Apeals present to-day; and % OF the Senator's
The Judges have been strict in ateuuancc with scarcely
an exception, AID have thus set good example 70 the
other members OF the Court, few Of whom nave
scarcely seeme to realize the Importance OF several
questions arsn and have through WEAKNESS or less
harmless moy, been absent when the vote was TAKEN
Upon the opening of the Court Arthur Johns was re-
called and exatmed. His testimony IN reference to
Barpards frequGt dlsparaging auson TO the mpeach-
ment proceeding pending against him at once brought
up another objection from the defense against this class
of evidence, as nd relating to an ndicable ofense Mr.
Van Colt entered upon extended argument in reply
cortcnding that While this indctable ofense
neither drunkenness the bench constant pro-
fame swearing, no avOwng publicly upon the bench that
pa-tay for and ennhty to other suitors influenced
decisions. There many other things that did not
cone within the Ivy Of crimes, subject judge TO
Indictment and NJ Van Colt challenged the defense to
produce a single Csc where judge has been indicted
for any official act such charged here but for all
thai there had bee many impeacbments.
After a consultation between Mr.. Beach and Mr.. Rey-
nods the latter ros to reply He referred to the article
at issue where ates that Barnard day from
the bench, before full attendance Of members Of the
bar and deliberately proceeded 10 scratch himself re-
making, am gong to scratch, gentlemen; suppose
that will be in the Jlst article Of impeachment" The
argument OF Mr. RenOds was irresistaby comca, not
however through ay intention the part OF the coun
sell not for wit AID certainly not Tor its breyity but
for the ridiculous seriousness with which he argued
Barnards right to sratch himself Imagine the sedate
Mr. Reynolds peerhg his glasses soberly at the
| the President md insistng-positiyely insist
| ing-that his elicit George G.. Barnard, was at
| liberty II he c0se, to subdue any irritation
| of his flesh by applying MS fngernails thereto
Yes and only tht but he had the right inform the
Court that cling to do IL. The humor Of the stu
alton forced itself upon the mind Of the entire Court
while Mr. Reynoldswas hunting up authorities and II
| was undoubtedly de TO this that Mr.. Reynolds prob
ably 10 his surprise, won his point The vote being
taken only two Seniors Benedict and MCGOWAN, voted
| in favor OF admitting the testimony concerning Bar
nards illusions 10 Impeachment This Is the first mate
nal victory the ddene. II strikes out considerable
portion Of the Specifications Of Article 81 but on the
else 50 readily. Thsby no utilities the remainder
| Of Bamard's indecnces the bench ana these were
the least vulgar ADVANTAGEOUS Of them all. Expressions
born o. pure mactand revenge have been rected and
expressions OF contmpt for reputable lawyers yet re-
| main 70 be heard.
Specification . OF the 37h Article came up next In
the witnesses testimony. This specification contains
| Judge Barnar1's words the bench =" have driven
one Of scoundreb out of NewYork and am going 10
drive cut this set referring by "scoundres TO the Of
dcers the Union Pacific Railroad Company who were
engaged in litigation with Fisk, r at the time 1t being
Mr.. Brtetts turn win victory, he took the chance
and objected TO the specification claiming that under the
laws governing this Court 1t could not receive the eV-
dcncl ii than three ago when the Incl
dentoccurred. Mr.. Bartlett, OF course, lost by na-
moy ote aud probably did not expect seriously to WIN
tStes Of com amy sense So1e against the reception
| evidcce relating 10 Barnards intimacy with the
Erie tng for Barnard has never granted orders or done
anytug his judicial capacity which could work Ill 10
that pwerfu body Of cOnspirators The most lndlspu
able cpnecton is shown between the rulings Of Barnard
and tb plots of Fisk. The Erie Ring has been magnet
to With Barnard and other congenia spirits have stuck
fast cd which he at least, mas never deserted Spech,
cations very similar In effect, similarly disposed
Of, SeAtor Johnson alone voting 10 sustain the 0pec
ton. ne witness was then surrendered to Mr.. Beach
whose While extremely severe lalle
10 shah in tue least the trust" Orhlhes OF NE testimony
| EX-Jdge Vim. Mitchell, a white-bearded, venerable
gentleran testified the utterance OF Barnard which
country Mr. Hertzog, member Of the firm OF Narcotic
d Co., hch furnished the Erie palace III IWentythrd
st. witfurniture testified to having sold 10 the Eile
Compag dozen chairs, similar TO those already III
the Off, with the single exception thdt they ana not
| bear tb monogram L. X. They were returned snose
qucntwith instructions 10 mark them O. G.. b. which
| was dos, and the Erie Railway Company paid the bill
The cre-eXamnatiOn utter failure only eclting
the factha those chairs were specially WITH the nIn
| and N he knew Of other customer with the initials
g. g. all of which tho defense did not, OF course, care
to hear This proves beyond question ar suspicion the
| complity OF Barnard aud the ETe Company, ana is
| regard as deadly 10 the defense.
| Jas LaUry, lawyer OF NeW-Iork told an interest
ing stos judicial wickedness, relating that IN the
mldCf February, when he counsel Tor tue racine
| Mail snmship COMPANY, Mr. StanwoOd, a particular
friend Barnard, was creditor OF the Company and
debtotO W. A. Goddard. Goddard, unable to get his
| money ON StanwOOd, obtained an order 81 Injunction
| from .Hgo Ingraham restraining the Paeinc Mail
| Stoansp Company from paying to stanWo0d what II
owed IN, thus keeping lien upon the money OF the
| COmpaT belonging 10 stanWOOd StdnWOod Is bar
nard's TEND, Is Rufus f. Andrews and the latter
is next en- walking out OF court with an order from
BarnarGacatng tue injunction III tue SUIT winch was
| nothingtO do. The Pacific Mail Steamship Com.
| pany hlined 20 pay the money, and 80 Barnard
| sends tim letter Threatening imprisonment II they
| don't ~ II. Rufus f. Andrews asked few ques-
! tons a'ut IT, and said that he told Barnard what
| mistakele had made, and Barnard sent stanwo0d 10
get the tier back. He further admitted nat ne dldht
( rememb positively whether he got the order IN Il
| private )Om or not, whether Barnard read tie
order bore signing although lie thought he read II to
| him. go
Field ~ searman, counsel to the Erie Company, swore
obtaIug order, shearmans request appointing
Fisk audCOulter receivers Of the Albany ana Ssque-
Fisk's hOe, No. 80 West Twenty thrdst aud Barnard
signed th order which had been prepared IN the Grand
Opera Hose. The plaintiffs IN the SUIT III question
| against thAlbaDy and Susquchanna kduIOdu Company
were Chaf * Wilbur, whom he FIRST met al the Glahu
| Opera Hole The Court here adjourned I'LL tomorrow
| morning al0. 80
LATER.Iudge Barnard arrived tonight and is at The
| Grand UnA