The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-07-18

.nd Mp. Reynolds argue questions Of law; Mr..
Bartlett examine witnesses, and Mr. Beach makes
'n ssch OF them R win probably be heard many times
'''o'' '''' COUNSEL FOR PROSECUTION.
John NJ Van Colt, OF Brooklyn, IL well known
practitioners he has large, finely cut face, rather
liked and severe In expression with grayish hair
aa @ OF sSe
with thin, darkfsh side whiskers Mr. Pratt, the
third counsel for the prosecution. Is 2 1uams,
ironical, country looking chap, whose apihty re-
Prominent also, to-day, though not retained In
Judge McCunn-formerly Jefr Davis private secre-
tary-a young. sharp featured, lighting LOOKING
southerner, with bright. black eye, ears up ana
THE FIRST DAYS PROCEEDINGS
The proceedings began to-day by a speech ana
asking delay on account of Judge Barnard having o
bad attack OF the govt; he also had letter read rom
Til Thursday and adduced alirmations Of Doctors
John J. Crane, Alonzo CLARK and White that would
Ss Ssd aed lO OF soa lie the had
1t In tho blood, &C.
Mr. AIyord promptly rose wit, with his hands folded
abundant grayish white hair and beard and bald
top being hts only notable marks, and his short,
white UNI unmenionabies. He made mild objection
The question being put IN favor OF adjourning Till
s Tsoss Of Of V Contrary My opinion No. ~
A solid bass answer rolled round the hal OF
"NOv
Mr. Bartlett again rose and made objection TO
anything being done as his client was suffering
from the visitation OF God, &c.
"Quest!on overruled,'' said the Lieutenant GOV.
ernor.
Bee ana the Judges Of ~ the SE q
present gathered around him and quickly took the
oath. They were a grave,looking body; Next
groups OF Senators, four at time, gathered around
with their fingers toachng the extended Bible, and
tla GAua IrAr1 nj
the oath each kissed the book and o'u1ssed back to
space and the horse race coming on the venerable
body adjourned Of its own motion.
COMPLEXION OF THINGS.
The Senate, which Is the political part OF TINS
court, consists of six democrats and twenty-three
republicans and the presiding officer is demo-
crat, but>has no vote except in case of o tie.
republicans are Grant men. Allen is known to be-
Greeley man and three or four others are IN
combination between liberals and republicans
reaches this trial. and the majority, many hazard
the opinion, will go for removing any democrat
RELATIVE STRENGTH or THE TWO SIDES
Judge Barnard has many friends here, who aIlege
preva-to be acquitted. His attorneys say that
they arc perfectly confident II the case Is tried on
mental force of the managers in themselves was q
lawyer for the defence said to-day
"Ben Butler could swallow them alive In the
managing line, and then have nothing upon his
stomach.n
WHAT POINTS THE DEFENCE WILL ARGUE.
The first question 10 be discussed by the lawyers
of Judge Barnard will be plea in abatement to the
articles of impeachment, on the ground that they
were never properly or legally adopted by the
House of Assembly. This is to be shown by the
journal OF the House. Il.
IL is claimed that the articles were never certi-
fed by the Speaker OF the House as having been
adopted and never entered on the journals OF the
House, but they were transmitted TO the Senate by
the managers without any certificate whatever.
If this impeachment be in the nature Of an tndict-
ment, the articles have not been properly found.
The consideration OF this question will take much
time.
.Second-That no original certified articles OF inn
parchment are now on file with the Court and
none have ever been on file.
Third-A motion viii be made to strike out an
charges and specifications relating to acts or say
ings OF Judge Barnard prior co January 1,
1S69-the commencement OF his present term
OF oillce--hs counsel claiming that he can only be
mpeaChed and removed lOr acts done during the
term he fills. The people passed upon his con-
duct prior to that time In the election OF November,
1868.
II this motion should prevail more than one-half
OF the charges and specifications fall to the ground,
and the term Of the trial will be materially short
ened,