New-York tribune., 1872-01-18
SCANDALS OF THE BENcu
JUDGE BARNARD DESCRIBED BY ONE on m,
FRIENDS.

If.
stood to be Of his particular friends an est
from an article 1.-The Judiciary OF Hew-York c,v.
printed In The Noyh American ReveD, In July lss =.
was written by SIr. Thomas G. sbearman now eou,.s
for the Eric Ring and partner Of br. David Dud..,
Field the Mr. shearman who got the myst.,,or.
night order from Judge Barnard said to have b..,
signed in tho apartments Of Miss Manslcld sppo,ns,
James Flax jr receiver Of the Albany susauesD.
Railroad tho Mr. Shcarman wi was most Int,a.,
y associated with the transactions Of 1869 and 1870 xt
have been severely commented upon all ever En,,A
and America who rricd to serve Barnaris wrs BY ter
graph who has employed himself since the assass,nao
Of Fisk In trying to manufacture popular sympathy ana
respect for that railway freebooter and who i suupos
to be the instigator OF Judge Barnards sudden ndn.
ton the journalists who have presumed 10 ouest
his purity OF character. And when we say that N,
Shearman Is the author OF ths following extract ".
wish TO be understood speaking by authority and ma
on tho basis Of mere rUmor:
The condition TO which the highest courts OF the cx
have been reduced can however best he realized from
judges tho Bench (Or Is both pleasure and duty
most Of the judges in The three pfineio, cor
unqucstonabe integrity, but fair example, Of what al
This man was nominated fOf tho Bench against the sa
Of all the judges, and elected without the suppOn
Of dozen respectable lawyers Of any party His knosl
edge Of law from books is cOnessedy small but he has
keen perception, and can take In with remark
able qUlckness; that II cause rs well argued befors
hin. and he listens attentvely, without having any
bias Or 3Jddce he can render decision on the spOt
Judge In tic city. THIS Is q great merit but HnfOrtu-
natey this is all his merit and the number of"ihs"s
once. he will take the papers 10 his oco, and probably
never open them until he has forgotten all that was said
and judge less fitted to decide upon tie strength Of
his own study than he Besides, there ID no 60
curty against bis hearing another argument after he
leaves the Court and the last word likely to leave the
most mpres essOn upon him. He is, moreover, very impa
tiont Of and inatentiye TO- long argument no malSes
which nearly s2oOGo0 was at stake The defen:
dant arrested for the embez5iement Of
this sum, and eminent counsel were arguing
for and against his discharge rem arrest The Juda
listened with such coEceaisd inpatieIce and seE Of
interest-freQuenuy conVersiig with come friends %
hind his desk-that the counsel repeatedly paused and
waited for him to attend ~ the case ~ enB, ne san
"Mr. =, you always make an admirable tfiefi hadnp
YOU better submit tiIs case and let examine the
per8 and written argamentsp 1t was eyldeEt tLat
nothing else could be done, Mr. - though with some
misrIy1ngs for lie was opposing tie discharge, which
granted would be fatal u his clients chances, wa
Obliged to consent. few days afterward the order
DISCHARGE was granted and the money lost to It's a~iu
owneTs Mr = mad the satisfaction OF receiving Dael
coacu6ve evidence that they had never been opened
Frequently the Judge cuts short argument In ies
1rv sis;s2 his case Or such ocoisons he apt to say
blandly lawyer who persists III taiAhT i1u S,S =
go ou all day, If you like counselor; bns Hage deGass
this case and never take back doeision. oi eoase
ho dispatches = business b Ce dsoes the a@c
diverse ways than any other two Judges can nan
age do. Accordingly bis assoea.cs I! % Snd lgste.
beng cited as an authority before Judge =, thai
laa ned
quired with all air OF mid surprise, 10 you mean 70
Cite Judge IS decisions as iawi' Whereat tAe Whoh
Rar niulged in n suppressed laugh
To dignity the Judge does tho slightest preten
sion his 10 rouse alaugh by some cCarse pr
ties Thus being offended with some criticisms which ap
pcared The EgenfJ Post he said Ia open Court thas
% William Cullen Bryant was tho most notorious Iia
the United States" On one occasion, paper having
published simple report Of his behavior IN Court tne
next cay in the crowded Courtroom he took notice OF
what he called this attack upon him In language TOO ID
decent for repetition. motion being made before Inn
IN n i TH %a Ssha stated d 6at one Mr. I had been @poS
by order OF the War department on ehaIse oi lraI
pnt in ia, by those Villains down there pIneanng Tho
President Secretary of War. Receiving an anlraS
might extend the account Of snS cccHrences to an in
cdents, but in this in other respects, prefer u
Tie reference business had begun 10 assume dangerous
proportions before this Judge look bis seat bat was
reserved for him to give II tlo form science. III Is
own office there WSLe @ & t MnSp 20 o0 a tie red
the Bar. lie always granted motion TOT reierghss
ono OF these gentlemen. Rcmonstrance was Nan even
the agreement OF all the parties upon other names ca
not help the matter. The only limitations to TINS pIae
tice were such were imposed by the jealousy oi tne
other judges and by repealed amendments OF the ss
aimed directly at this system The other judges BE- toine
times dehed, and sometimes cOnciLltod W giyihg
OF the references to their relatives ana lrienIA
Tue law he evaded by various shifts but chiefly by max
ing lawyers understand that II was dangerous to opc@
to Ills nominations. ..
1t may easily be supposed that be not only had his
standing references, but also definite list or receivers
when such officers were needed. The nature or Ibis In:
terest in these appointments has long been tho subject Of
speculation among members OF tho Bar but only few
acquainted with facts sufficient u enable them 70
Some years ago OF the foremost lawyers in New
York an eminent member too OF the party by Whichan
the judges elected declared publicly that in order
before certain judges IL necessary
Such, indeed is weknown fact, especially with regard
To this judge to whom the circumstances mentioned by
ferred Not long ago. certain palies having mpOr:
tant affair in ugation were privately n0uhed tLal, II
poy two lawyers (nether Of them having any claim 70
the busnesS), at a handsome Zee. ..,,.,.,..
Tho partiaity of ths Judge Tor certain pCntctans
whose synonomous with corruption and teacA-
cry, has been manifested BY some extraordinary ue-
gated by this mar sued him damages. HIS counsel
fertile in excuses, delayed the trials or many monthA
Judge the interior OF tho State, and all excuses
out. the defendant ana his counsel deiiber
at all Verdicts taken against hiID and ne
moved before the Judge OF whom we speak to open bs
ant had purpOsey allowed his default be taken the
Judge relieved HIM from it, and ordered costs to be paid
ciates who though they held themselves unable to re-
verse his srdor called his attention to the matter Of
costs. when he stated that this part OF the Oraer WI"
mistake.
Quito recently he issued out OF Court perempfov
manaamus In favor OF the same politician against ,ns
Controller OF the city without any notice 70 the m.
which the Controller required 10 sign mo-. aa u
honest contract in obedience 10 vote oil ue E & ,,a
Council Another judge was a tho tme hoaE Soou. on
branch OF the Court from which alone the msooa,ns s
could properly have issued, and he imnediatey % s3r
proceedings under IT, aud finally set 1t aside 9'SM, ,,
the practice adopted TO DO grossly irreguhH al" u''
without precedent.
Tho facts which have thus far stated pau 90 -r.s
are are not, however, bad as others eoIovpss ,s
which our information Is direct and eSpuct anu M
IL il appears tO be necessary to convince the
necessity OF a complete transformation Ot ue yu.0la.r
we shall disclose future OCCASION We Hie lo' 49,
ated by hostility 10 man. but for the sYsScN t," ont
produces such a mau. We have tineto0 Tan - -
only because il would be dong gross injustice 70 uo
large The last public episode in this mans hstortl
however deserves 10 he recOUnt.d here. because :.
foycibly illustrates tho folly OF trusting To reNCHS
motive 10 honesty as well tho With when neA