The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-07-28
THE IMPEACHMENT TRIAL.
Appearance of Judge Barnard
in the Court Room.
WHAT HIS DEFENCE WILL BE.
Barnard the Victim Of the System Of an
Elective Judiciary.
THE PROCEEDINGS YESTERDAY

SARATOGA, July q, 1872
Judre George G. Barnard arrived at the Grand
Union Hotel thursday evening, where quarters had
nrev,ously been prepared for him on the second
neor OF Cottage row, opening upon piazza, and
snording q cool view Of the green park and shade
lrees OF the motel. He was accompanied by his
family and, after resting day, and then dressing
himself with his wellknown punctiliOusness, he
repaired to the court room soon after twelve
O'Clock on Saturday.
He wore frilled shirt and plain black suit of
summer cloth. His hair has partly turned in color.
but his mustache Is black, his large, blazing black
eyes are as brilliant and dilating ever and his
figure as straight and athletic as young mans.
HIS tall carriage and sOldier-like address i'm
pressed the court; there was nothing weak, dis
pirited, defiant abont him he entered,
although he limped upon his cane, being still
afii ted with hereditary govt and its concomitant
OF iniammatOry rheumatism After illness Of
nineteen days he preserved all the marks OF man
Of extraordinary mental powers, nerve and muscu-
lar constitution The average spectator would not
have set him down more than forty years OF age.
Nature gave him handsome and dramatic face
and bearing, and these, after an extraordinary
career he has retained, with the added gravity OF
the late grave period of political revolution in the
city of New York.
His voluntary appearance made more impressive
this scene OF the trial of his impeachment already
very notable in the annals OF pageants of its
character. Romantic and historical literature
have 80 long attached to the idea OF judges
q venerable and solemn department, that many
were probably surprised to in one who had
been fifteen years q Recorder and Supreme Court
Justice those youthful qualifications which the
mind most readily attaches to the soldier and the
politician.
Barnard" said one this afternoon, who had
looked up at his entrance, sis the victim OF the
system OF an elective judiciary; taken out Of the
great arena OF politics at bOyish period OF life
and expected to perform with the elaboration OF
mn English Chief Justice functions for which his
Duoyancy and training incapactated him, he is
now too young TO begin as Supreme Court Judge
OF the State Of New York, and yet he has
been on the bench since the date of Buchanans
election. The people who declam against him
elected him to the height lie fills They must
needs elect every thing, judges included, and they
make boys Judges"
The above is the burden of talk here, and the re-
spondent's derived infrmities added to this
description of criticism appear to have softened
feeling towards him. The Court, however, main
talns its circumspect, unbending character. and
little can be derived from conversations with its
managers and attendants. The presiding officer s
large and grave as ever; the managers hudded to-
gether to watch the prosecution; the opposing
counsel Continue their intellectual duel without
moments afectatiOn of truce and the Court ITSELF
the Senate and Bench together, watch narrowly
and often question without restraint In the cool
weather the court room Is inviting ana ~ I'VE
hours session is welcomed by many OF the men,
bers and attendants as good way to kill the day
at a watering place.
Lieutenant Governor Beach said last night that
be thought the testimony would be all in by the
Ia hnf JudUa
Barnard expects to take the witness stand him
self about Wednesday or Thursday next. Among
his witnesses will probably be Thomas e. Durant
stokes the SLAYER of Fisk will also probably be
witness in the early part of the week.
The line OF defence to be pursued to testimony
will probably be adopted in accordance with Judge
Barnard's own suggestions ! am enabled, by an
impartial acquaintance with several OF his friends
TO state some OF the points to be covered by this
defence, and also the current OF opinion expressed
upon that side to the Judges chances and his
The respondent ascrbes the whole of the present
prosecution to his admitting W. M Tweed to bail
IN the sum OF $4,000 Tweed had already been put
$750,O00, and the criminal suit against him,
which had for its object his Judgment in jail, could
imply in the Indictment mlsdemcanOr, larceny,
some of the ordinary forms OF felony, which are
commonly baable at from $500 to $4,000, Judge
Barnard's friends allege that he had no right 10
hold Tweed, even in the amount he did enforce
from that worthy, Which was the largest known for
Prior to the injunction upon the city govern
ment which Judge Barnard granted-other judges
being AFRAID or too prudent to give 1.-THE demo-
by Samuel j. Tilden, was Invariably overwhelmed
by Tweed, Hall, Barnard and Companys regular
occupancy of the Wigwam. The latter gave the Til
den party no quarter, but with the vigor of younger
occupancy read the whole Regency faction out of
hOnors and awards. In the general rise OF the
popular food against the Iammany regulars Bar
nard was doomed by the Tiden party with the rest,
but his prompt issuing OF the Injunction Closing
the lid of the city treasury created feeling in his
favor which no movement could stem until he let
Tweed go to bail Then the Tilden daily democratic
organ in New York opened upon Judge Barnard,
saying that this lberality with the chief OF the
.Ring" had signed the doom OF the Injunction
Judge
The above s very nearly in the language imputed
to Judge Barnard himself within recent period.
His friends point to the files OF daily newspapers
now vigorously denOuncng him TO show that the
morning after he closed up the city treasury the
came journals were affuenG In his praise and
corded him the livliest gratitude. And they add
"Here was an injunction which fle public safety
people who think it an enormous impertinence for
Judge Barnard to have interfered in corporations
guehanna and the Union Pacific railways Yet
the Corporation OF New York was spending seventy
millions year-the capital OF the greatest rail
ways-wlen, at the request OF the same tickle
million OF readers and writer's an Injunction OF
Judge Barnard stopped the game and saved the
sOvency of the city Before metropolitan court
Ui the grade OF his the largest litigation In
America must come, and TO enjon q railway OF
the mixed character of the Union Pacific is. IN law
and equity more significant than the interests
involved were slight"
I state the above TO show the line of defence as
sumable by the respondents advisers. who
argue that the great bulk OF the feeling against
him is built upon phrases TO catch the ear and alarm
The Imagination: and that ut last one OF his much
decried lnjunctions saved the city OF New York
from revolution and made him popular hero.
10 resume, as ut first, Judge Barnards small but
compact array of friends impute to Mr.. Tiden the
foremost energy am, direction in this prosecution,
ana say that 1t would have been of little no avail
but Tor his tBarnard's) antagonism to certain
writer's III the public prints, VINO threw open the
columns OF al least four OF the daily Journals Of
New YORK 10 lniiammatory editorials which
were inditcd and nsp ed by the beaten
faction In Tammany Hall, and were intended to