New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-07-23
THE BARNARD TRIAL.
A SLENDER NEUTRALITY-SUSPICIOUS. WILL NOT
REsIGN-oPENING SPEECH FOR THE PROSE-
CUTIoN-THE TESTIMONY BEGUN-EyIDENCE
IN AN ERIE CASE.

A SLENDER ACKNOWLEDGEMENTS WILL NOT
REsIGN-oPENING SPEECH FOR THE PROSE-
CUTION-THE TESTIMONY BEGUH-EVIDENCE
IN AN ERIE CASE.
IBY TELEGRAPH TO THE TRIBUNBl
SARATOGA, July 22.-The Court of Impeach-
ment met this morning with unusually small attend.
ance would be supposed that the first really import
ant day OF the trial. when the actual testimony against
Barnard begins to flow in, would compel the anxious
presence OF every Judge and OF every Senator Yet 1t
have had quite the contrary effect and to have
frightened away large number of Senators who came
here presumably work. The rollcall showed only 16
Senators ready to listen, while every Judge was in
his place II they dwindle down like this, the hith
day Of the trial. it impossible to conjecture where the
High Court OF Impeachment will be the fifth week.
Among the spectators, ladies and gentlemen
Judge Ingraham was observed inside the bar, an at
tentive and interested spectator.
The rumOrs which have been floating vaguely around,
to the effect that Barnard just about to resign
now that the failure Of the preliminary motions has
shown to could expect unjust lenity from
the Court are undoubtedly incorrect His counsel con-
tradct it, and declare that Barnard isn't that kind Of
He's going TO fight it out Sir. to the bitter end,
come what may no backout in George G. Barnard"
Mr. Van Colt made his opening speech for the Mana
gers to-day and it Is regarded Of the best efforts
of his life so far as regards its cOncseness and clear
ness of detail In its beginning he called attention to
the three fundamental principles Of our system OF Gov
eminent FIRST That person shall exercise authority
TO whom it has delegated by law Second That no
person 10 whom authority is delegated shall exercise
except according to law. Third: That any officer exer
cses authority without law contrary to law he shall
he liable 10 punishment the method OF punishment being
the process of impeachment. He then reminded the
Court tnat IL Is now sitting for the first
time, at the close OF nearly 100 years, Tor
the trial of JUDGE m OF o., th9 Io Mn nig ila
judicial good behavior required that Judge Do pure
his hands unsaned by brbes his consideration OF the
various questions submitted impartial erulstlhguls
ing between suors and lawyers faithful IN the language
of his OATH the exercise of the functions OF his great
office according to the best OF his AFFINITY Inc respond,
emf Barnard he submitted, had dsregarded the vital
principles and obligations of the law Corrupt arbitrary
and lawless had neither feared God nor regarded
man treadng upon the rights OF Others and utterly
rficng his owl dignity. The counsel quoted the words
Where he says that it is the principal function
and duty OF Parament-a duty to which
that none OF the courts OF Justice shall pursue new
courses unknown to the laws ana CONSTITUTIONS anu ne
again reminded the Court OF the memoraDe proFlohs
of the act OF settlement Of 1900 Though the cases OF i'm
peachment this country have been in the last three
days reced aud commented upon again anu again hlr;
Van Colt ran them hurredly showing where ana
how they applied the present case aud citing numer
authorities in support lie desired Dy no means 10
withhold the eneney which should be extended toward
judicial and misiudgemens, which are not wIui
Interpretations OF the law Dnt netppe4 le Iles Vi
punishment rgidy when the ohenses were linked 10 l
proper and corrupt motives, winch had been proved III
Barnards La his court favored hu always
found injunction Or receiver ready lor the AT any
moment. II was only necessary to mention Tue magic
could instantly be had Coming down TO eases IN point,
he iustanced the suit OF Nyee against the Ere KaroAd
Company, and followed with numerous other ERIE cases
showing collision OF the most nagrant ana shameless
nature. In conclusion, he took up the articles OF l
pelchment, Dy one, ana ddduced ms PROOFS rs ne
should present them through competent witnesses TO the
Mr. Pearsons succeeded with the work OF examining
Witnesses which devoyes upon MN ana UT. stlckney'
Edward NJ Plum thc deputy S1uy GSfA NI 1i p 'om
York, called As the nrst WlIhcssi Out Mr. IIIln
after remaining here all last week. returned on saturday
home at the precise time ne sh0uli NOT nave zone
The prosecution was thus eopeea 20 o
the proper order, and called Nehemiah Willard lac
tcing attorney in NewYork. Mr.. Willard was counsel
Mr.. Nyce IN tine latters SUIT against tse le Ma t
Company, and he was put on the stdlh 10 eApoac he
tricks OF the Erie management IN 1870, "hen
Nyce, at the time III direct eollusou WIN Liz, tio
Erie Railroad Company, sought an apparently Hostile
w. the closing OF the Company BOOKS ny liDuhetoh
from Barnard) was discontinued and allowed to SINK
from sight Before the testimony was gwen however,
Mr. Beach partly objected to us introduction unul Tue
papers produced Being hled u the county CeIk
ONCE this could not be done until Mr ps
But the President, with his usual pronp
this mere technical point and allowed the questions 10
proceed to the apparent disgust and u iooked uUutter
able things Mr. MillaTd on being QUESTIONED ned
| the Erie machine He was at the Erie railway once
early In the year OF 1870 and advised That some SUIT
was to brought by stockholders with when he gnt
have something do, but that his position Win the
Company would not DO preudieeu oy nus anu
the other side. Sure enough ne was SUBSEQUENTLY, ~
piled to by Nyce, and obtained for him from Judge Bar
uard fhe Injunction order when closed the DOORS vi
concern Subsequently, 1t argued at length before
Judge Cardozo, but that functionary with cunniht
worthy of Uriah Hcep declined the holder plan OF
refusing to dissolve the infamous Injunction an
dropped the paper into ms pI TG , anu n eaS
applied TO and promptly dissolved it, This was the las
OF the suit No further efforts were made by Nyce' Io
the very good reason that were now needed, I'M
object having been accomplished But 1t was noticeable
that Mr. Nyce did not even come 10 Mt. Maru again
Se his advice as 10 what had better be done and sill
| more noticeable, that when Willard went TO the Ell
Office, subsequently,, no curiosity was mahlesed as y
the future proceedings OF Syce nor surprise manifested
| at his silence. =. - a., a..
AT the conclusion OF Mr.. Mlards testimony the COur
Adjourned until tomorrow at 10 a IN, sharp telegram
having been sent meanwhile. TO Mr. Plum 10 De on hah
Miss Mansfield who Is one OF the witnesses III the bar
maid trial reached here to-day. She IL stopping at TN
Marvin House, having been refused admission 10 In
Grand Union and Congress Hall. She Is expected u
| give her testimony TOMORROW.