New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-03-25
A JUDICIAL JESTER.
HOW JUDGE BARNARD DISGRACEs THE
BENCH

invest the Judge with the attributes of impartaIity,
truth and unyeldng justice. Criminals taught to
fear his decision all address him with respect and an
atmosphere OF purity and decorum Is supposed to sur
round always the bench on which he sts. Leyity is
incompatible with his station, and yulgaIity Is inoler
able. When, therefore, the spectacle Is witnessed
daily OF judge chosen by tho voice Of the people yO
latng the dignity Of his Office by consentng regale
courtroom with pointess aud vulgar jokesj when
scenes are enacted in open court in which words
with tho most obscene and insulting signifca-
lions airs shouted forth in presence OF perhaps
fifty people, with the Judge calmly listening and
making effort to crush the insoenco but rather
couragng 1t by sses aud Grins OF enjoyment. while
lie allows the ransgrcss0rs 10 pass unpunished--
then the degradation OF the bench complete respcct
yanishes the progress OF Justice is blocked, and It's ad
minstration becomes worse than farce. 1t has often
been said that stranger going into Judge George q.
Barnards Court would be puzzled to know whether he
was In free and easy, OF in the presence OF Judge
supposed TO possess the qualities which gained him first
the respect and then the suases of the people. The
courtroom Of Judge Barnard has been place
Of amusement, where lawyers and others 50 to
hear something good" especially o is on
the calendar In which the Judge Is supposed TO
be strongly interested Every day his indecent
and vulgar jests keep his courtroom crowded with
laughing spectators Many of these funny things"
have been reported in evidence before the Judiciary
Committee now Ia session. by men whose presence In
court has afforded opportunities Of hearing them.
TRIBUNE reporter testified, last Wednesday evening, In
relation TO OF these remarks Of Judge Barnard, and
evidence Ia yet 10 be given concerning many more.
On cross-examinaton the reporter frankly ad
mitted that he took short-ha notes OF them for
the Bar Association Mr.. Curtis thought II was very
dscredable thing" FOR the Bar Association 10 be en-.
gagged In and elected from the witness the fact that he
in tho habit OF taking sush notes for THE TRIp
UNE 1t may interest Mr. Curtis TO know that hereafter
during the brief period that Judge Barnard will proba-
bly, retain lis place. his joke" will be reported for
THE TRIBUNE that ts readers may be kept informed
Of the pranks OF ths Court Jester. Appended
Instances Of the daily IN Judge Barnads
Court as testified to by the reporter Of Tng TRIBUNE:
On the 18th Of last February Judge Barnard began the
dav nv calling out in an exceedingly offensive tone d-
rectna his cutlery either 10 the lawyers who were coming
ia the doorkeeper whose persuasion did not checA
the noise What IN the world the with those
fel,oys coming IN herei stop that 0olse, wiz yo9m
wac brought breach OF contract involving 5000
Judge Barnard denied tie motion with go costs,
manner and remarked e hal make 1t SIC Attorneys
must pay for tueir Mistakes" Then he suddenly
future of the counsel Oh don't get any OF IT, though
believe that has been put down against me IN the s5ta
laughter that greeted this sally Judge Bernard con,
sented TO join In another case that o. Vaddy ssnst
stated that the defendant had been Pgt IA il al.
and held on an oIdSF o, aT rcdnctISp bni
in order as be urged give his client an opportunity to
earn some more money WIN %acn 20 py te a u1 ta.
Il was doubtful whether would pay the debit and that
he mould sHg sE e. ssoneade d
there IL about this thing He borrowed tis money u,
reason or other as though spelled phsroh1 Now. If
you had SSf 10 me eSsa Of ffye you 'a' you
Counsel for plantf-The amount Of Il is, this is
Jadgs Bs.nard-I thuh 1t would be better to lei hsm
out and let him 60 10 gambling again. tAmusement.
Counsel-I deUt see how yOu have the power 10 do
tnar All the other Justices hold you have not that
power. 49, ,..-A.a .o,, r,..,,o.
Co 1S becomes of claim he gets out'
Judge Barnard-YOu can put him naek again.
Coilsel-Not OIL this proceeding We nave gOi % nave
Judge Barnard-Yes. yOu can.
Counsei-That is where tie other Justices dontaSre"
Jadre Baynard-r am going 10 reduce the ball the
ground that nothing from nothing leaves nethn9,'
and If he has got nothing, and cant earn anythns M
has got among gamblers and got Leaten. =. ..,..,
Counse-I bail il reduced AK That ne rs ordered
TO give security OF note Which, Ia has pronlsed
Judge Barnard-Yes. may give that 4 It viii do you
any good. I know good many men IN Sew-fork who
would give you their note for g ooo e II you would give
three cents on It. lGreat lauglter.j
As the parties we're about leaving the room Judge
Barnard called out to plaintiffs eounseIm"f9a can
grinl &c. aud you can catch him again" lLau1hter.J
ba sicoIby giving his note Judge Barnard after
adjourned Court, While nu1lDer were WAVING 10 DC
head and turned and conversed privately with Rufus
F Andrews who sat with him during the argument in
the foregoing case OF Vaddy against Egan. EX parte
APP sSio%raeD AT tits point the readiness with
which Judge Barnard violates the dignity Of the Court
was Illustrated the manner Ia which he administered
an oath Holding up his forehnger for an instant. he
said irreverently, You swear that's true don't yqai
the counsel. who with sInue replied " On yes' OF
Judge Barnard very soon left in company with Mr..
Andrews, remarking Loudly as ne nodded toward the
stokes trial You tell tine boys they can 20 into the
stokes trial There only about 2O0o OF them IN
The next day's amusomens Of similar charac-
ter Mr.. Miller the firm OF Miller, Peet Opdyke ap.
peared Chambers and submitted paper ior the Court
10 sign Judge Barnard paused suddenly Win the paper
before him and his suspended Ia hs hand and Sc
Der OF The nrIn OF Miller stoutenburgh PeekhamP
MI MnleT with wonderng sn tscI due firm
with a sneerl isntit
when It remembered that M Peekhain OF that firm,
prominent member OF the Ear ASSOCIATION aud one
acqulesced, and smiles round the Court Room.
Mr. Robertson made 40 Application 70 amend an order
appointed referee Judge Barnard upon looking at the
order said. shall sign no order unless can sign ~ 70
any one by consent unless IL satisfactory " me-
dld not appoint this referee" 49,. .o,n,os ,.r 0o,,
Judge Barnard-pont care shan't do IL, and Il you
don't IKE you put IL in for the vSstA article VI In
peachment Great Ian shter.l
In another case where lawyer appeared as defend
ant suit In which the plaintiffs counsel claimed that
the defendant had Kept putting on the Trial. Judge
OLD fellow, this time" Tie defendant, who haa1 been
urging q further postponement on account OF alleged
sickness took the. JOKE PLEASANTLY aud Joined IL the
laugh which necessarily followed IT,
Judge Barnard greeted the counsel for the defendant
In tie SUIT of the Fourth Avenue Bank sgt. Parker
and others the moment he made his appearance
II am not going 10 hear you again on TINS matter.
You've been nere seven or eght times on this same AZ
fair, and told you before should Doshear It," The
counsel stated that he had only appeared twice before
on this matter. Judge barnard replied impatientt,
ayes, you have too; and must say-and II was not
on the bench might palmer language-but must
say when You told the other day that you had
only here once you made your statement with ain
g,ar inexactness"