The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-22
BARNARD AT BAY.

The Judges Counsel ora the Question
What Committees Know About Im-
eacisment-CoPies OF the Testimony
not Furnished to the Defenda nts--A
Fair Trial Asked For-Barnnrd Conf
dent OF Proving His Purity.
In order to ascertain to the fullest extent the
course the Judiciary Committee OF the Assembly
pursued in regard to the impeachment OF the
Judge (Barnard) OF the Supreme Court a
HERALD representative waited upon Mr. RUFUS r.
Andrews, counsel to the Judge. The reporter was
courteOusly received, and, having stated his
mission, informed Mr. Andrews that he was pre-
pared to take any statement he might wish to
make and publish it without comment. Mr.. An
drews consented to the pursuance of this course
and the following is his statement peroattm:-
Mr.. ANDREws-There are many and diverse cir
cumstances connected with the investigation OF this
case that In justice to the public and my client,
should be made known. The Judiciary Committee
while sitting In New York, admitted hearsay testi-
mony and allowed witnesses to testify in relation
to their belief and suspicion in regard to the
Judges acts His counsel, although allowed TO be
present, were not permitted to interfere and offer
was closed the committee placed 1t in the hands OF
George A. Nesbitt Co. to be printed, and at o
q meeting of the Judiciary Committee held in Al
bany on the 18th OF April, this resolution was
passed.
Resolved That the counsel representing the Asso
Carozo be requested to Submit an oral before
es 70 s 70 e N a H.
CATION and that for the purpose Of hearing such
moment and that Chairman the eo NJ tie Be Ss
respective counsel.
On the following day Mr.. Prince, the chairman Of
the committee, forwarded to Judge Barnard this
= Assembly CHAMBER, ALBANY, April II, 1872
H2n n.e e. s G escse resolution ooo0toa Nv ina os
eiary comtee notion q Mr. Hill Il is now VS. 50 s late
the viii be glad to receive O. wren BRIEF ON
s s'ss e at as %S dhs y @ Se se h @
copies to you as rapidly as possible Yoas respsHGNsGy
Notwithstanding this resolution and the letter OF
Mr. Prince the committee never fixed upon any
time for the hearing, nor was any opportunity
and make argument upon the question involved.
The testimony which Mr.. Prince states in the note
to Judge'Barnard was never furnished nor was tho
testimony completed until the very morning when
the report Of the committee was made to the Legis-
lature; and at the present time. the exhibits
which constitute the most material part of the
case, are not furnished.
The day after the report Of the committee was
made met Mr.. Prince In Albany and told him
that the committee had not furnished Judge
Barnard or his counsel with the testimony al
though he had promised in his letter that 1t should
be provided: Mr. Prince replied that ne was I'M
on the day the report was made.
The testimony and exhibits consist OF about two
thousand pages Of foOlscap. 1t was never read by
Prince who If he read it at all, did while it
in manuscript. During the hearing before the COM
time, but one member was present Never at any
time did the whole committee attend, and nearly
all the time as but two or three Of the committee
committee heard all of the testimony and the re-
port that was made to the Legislature was subser-
Went to the pressure of popular clamor. the COM
mttee not having read or understood the testi-
mony upon which they based their resolution Of i'm
The members of the House who voted for the
resolution without one single exception will state
that they voted without knowing what the testi-
mOny was, and that nne-t enthS Of them don't know
what it is to this day.
81 applied" continued Mr.. Andrews, "to the
with note from Mr. Prince himself in order to get
possession of some copies Of the testimony and
lowing day. but the printer who had the matter in
charge stated that he was unable to furnish me
address in New York on their compieto ,A " NY
These exhibits consist OF the papers and orders
IN the cases In which Judge Barnard s charged with
having made improper decisions and these cOnsti-
tute the basis upon which his impeachment must
rest 1t will, therefore, be seen that the committee
acted In nasty and unjust manner towards the
cused, and that the Legislature itself passed upon
his case without any knowledge OF its merits de-
merits. If a jury having case in charge was to
render verdict Of guilty Before hearing word of
the testimony, it would be only paraeled in
the action OF the Legislature by the impeachment Of
The Judge and his counsel now ask that the
right OF fair trial-uninhuenced by threats from
Two Of the leading partzan journals Of this city,
almost daily. during the Investigation In Judge
Barnards case and especially preceding the report
Of the committee, published editorials which stated
that any man In the Legislature who voted against
the impeachment Of Judge Barnard would have his
name published In full as having been bought.
Judge Barnard only asks the same rights which
would be accorded to other citizens who might be
put on trial, and he Is confident, as are also his
counsel, that II his be left to the judgment
OF the tribunal before which he must soon appear
he will be triumphanty acquitted, and his acts as
Judge of the Supreme Court of the State or New
York not only indicated but universally COM
mended.