New-York tribune., 1872-07-20

FAILURE OF AN ATTEMPT TO PROVE THAT
BARNARD WAS NOT REGULARLY IMPEACHED
CAN THE ACCUSED BE MADE TO ANSWER
FOR ACTS COMMITTED BEFORE HIS PRESENT
TERMf
IBY TELEGRAPH TO THE TRIBUNE
SARATOGA, July 10.-The proceedings ID the
Barnard impeachment trial to-day have illustrated
style of defense curious and absurd that the only
cuse for itor rather explanatOnis the desperation or
q man fairly brought to bay without a weapon or a
shield. The Court met at the usual hour all the mem
bers being present except Mr. Ames who is sick and
probably will not DO able to attend the trial at ALL and
Messrs Graham, johnson, Lord, Palmer, Wagner. and
J. Wood Mr. Huested Of the Managers went home yes
terday and will not return until Monday Mr. Jacobs
for some reason other remains away, and IL ~
rumored does not intend TO at all. Before pro-
ceeding the actual business OF the day. Mr Beach
with a greatly aggrieved and indignant air. called the
attention Of the Court to an article which ap-
peared in the local papers this morning stating
that the resignation OF Barnards counsel Curtss was
due 10 the fact that he advised his client 10
resign at the conclusion OF the Assembly investigation
This pronounced an utter and groundess laoilca
ton though Mr. Beach did not say in so many words
that Mr. Cutss did not resign for any such reason Dut
used the rather ambiguous phraseology that MT
Curtiss was entire harmony with the rest OF the
counsel" When it is discovered, as is undoubtedly the
fact that Mr. Curtiss shrewd enough TO escape from
apparent defeat the words OF the eminent eounsel
will throw light the character OF the consiiers-
tons which prevented their following Mr. Curtisss wise
example. Mr.. Beach then put in his plea in abatement
referred in yesterdays report adding with the per-
mission OF the Court, amendment OF no great conse-
Quence Mr. Van Cott for the Managers, submitted an
answer as usual to plea for the purpose ofoning
issue.
WAS BARNARD EVER nPEACHEDf
Mr. Beach then called Edward NJ. johnson, the Clerk
OF the Assembly, by whom he abOed TO prove that no
fha hat
they were not signed by the Speaker he claimed that
they should have been and that they not adopted
by the House Mr. Beach seemed 10 consider his point
established when he elected from the witness that the
proceedings Of the House ITSELF distinguished from
the Committee OF the Whole always went through his
hands; that the articles Of impeachment would have
come into his possession If the House had adopted them
but that they never did into his hands, and that he
never certified any articles OF impeachment and did not
know that the Speaker signed them.
Chas r. DAYTON the Clerk OF the Senate was then put
upon the stand to IL lie could identify the original
article Of Impeachment. He swore that the printed
paper in his hands was the same presented by Mr..
Algord as Chairman OF the House Committee to the
Senate had it been sent TO the printers because
lie had no certified copy to send, customary Mr.
Beach caught at the word customary like drowning
man at a straw and eagerly demanded II 1t was con-
trary TO the Of the Clerk to send the original to
the printers and allow it TO remain while out OF his
hands and sight. This however the Clerk refused to
admit, explaining that 1t was sometimes done when
matter Of necessity.
The shallow attempt to make capital out OF the time
that the document was out the Clerks hands, fell fat
when Senators vedder and Avord forward for the
Managers and, under oath, identified positively the
paper dispute being the very presented TO the
Senate. Mr.. Beach did not give until he bad made
another long argument including citations OF authorities
against admisbiity of parole evidence, claiming
tlo unue autf fnDp
you make record add omissions to sustain the
truth Mr. Van Cott answered that il the journal were
so conclusive that, then what right had the defense
TO try TO disprove its identity. The President decided
that the counses assumption that the articles must
necessarily entered at length upon the journals of the
Uouse and Senate was erroneous, and the objection
overrued
THE QUESTION IMPEACHMENT ARGUED, AND DECIDED
AGAINST THE ACCUSED.
This closed the evidence upon this point both Sides
and Mr. Van Cott proceeded TO speak promising by say
ing that though the question almost too frivolous
for argument yet he deemed himself in too responsible
post TO disregard what might seem harmless and
shallow The proposition Of the defense that is
not impeached until articles OF impeachment are agreed
to and not then unless agreed to in certain form and
authenticated certain manner, he combated by adj
ducng prominent English and American cases OF similar
character where impeachment consisted OF the adoption
of or resolution Of impeachment The Journal he said
showed that the House adopted such resolution here'
and that everything done aud the Managers regu
larly apponted H9 characterized the proceedings OF
the defense as most hideous farce. and in earnest
ere words asked after all this malconduct and these
corrupt practices they TO be turned out OF Court
because the articles of Impeachment had not been put IN
the right pgeon-hole.
Mr. REYNOLDS closed the discussion, but failed to
answer Mr.. Van Colt. his resistance being so weak
that the result was inevitable The substance OF his
10 dad nut Of he
NV bi associate was that there absolutely nothing
before the Court nothing before the Senate itself Ae
cordng to law the respondent could not be suspended
until the articles we're exhibited to him, and therefore
the articles OF impeachment made the case ana he leso
luton was merely in the nature of a summons
Senator Lewis here moved for private consultation,
and the courtroom cleared. When the doors were
nened the President announced that the Court had de-
cided that the plea not sustained and, on notoh'
the Court took until H. IL subsequently pe-
came known that the vote stood 26 TO g. those voting III
favor of the plea being ChiefJustice Church, Judge
Allen, and Senator Murphy.
coscrRstsG ACTS COMMITTED BEFORE BARNARD's PRES
ENT TERM.
upon reassembling at O'Clock Mr.. Beach moved to
,e ont ertain charges and specifications In the art
,os n, iupcachment which refer to acts committed by
BARNARD before his present term OF Office lie elted
few authorities and alluded to the case OF Judge frln
die which, lie claimed did not govern In any form the
uostion at issue here Although the Senate in that case
dtred charges of corrupt committed prior TO his
last term vet they were continuous acts OF the same
snecies which was not the here. rhis Is directly
contrary to what has been proven and what The IRIB
TINE has carefully stated without any Trustworthy con
trdieonl He also referred as concdent with ms line
of argument the of Congressman Mattesoh from
Oneida County, who was eectedJ Just at the ule "hen
a. uouse WAS about to remove him, and
when the resolution for expeng him in the next House
was laid on the table upon the plea of subsequent re-
election la Mr.. Van Cott's reply, which was long aud
exhaustive. he cited an innumerable number OF prece