The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-11
THE State CAPITAL.
Managers Of the Impeachment Of
Barnard Appointed.
The Articles of Impeachment
Presented.
FIAT JU S TIT ] A!
Passage of the Palmer
Charter.
The Senate Knuckles Down to
the Assembly.
TRIUMPH OF THE FERRY REFORMgRs

ALBANY, May 10, 1872.
The Assembly to-day adopted thirty eight articles
OF impeachment in the case Of Judge G. q. Barnard,
and mappointcd anagers to conduct the trial for
impeachment.
At the afternoon session. and before the articles
OF impeachment were presented, Mr. Vedder Of
fered n resolution to the effect that when the
committee appointed to prepare the articles Shall
have reported the Assembly Immediately
solve itself into Committee OF the
Whole for the consideration of the articles;
that speeches in committee be limited TO twenty
minutes each; that at ten O'Clock in the morning
Of the second days consideration the committee
shall proceed to vote upon any amendments which
may he offered; and that ut not later than one
O'Clock in the afternoon Of the same day the
mittee shall rise and report their action to the
House, which shall Immediately, and without
debate, vote thereon; and that II the articles are
agreed upon the House shall Immediately select, by
ballot, nine managers to conduct the trial.
Mr. Fields moved, as an amendment that the
speeches be limited to ten minutes each, and the
whole debate to an hour and half.
Mr.. Vedder accepted this amendment.
Mr.. Hustled now made an unsuccessful effort to
designate the managers He offered a substitute
for the latter part of the resolution, the effect
that Messrs Avord, Niles, Prince, Strahan, Tilden
Tobey, D. d. Hill, Lincoln and vcdder, all members
OF the Judiciary Committee except Messrs AlvOrd
and Lincoln, to be appointed as the managers.
This resolution was lost by a vote of SO to 49, and
then Mr.. Vedder's resolution, as amended by Mr..
Fields, was adopted.
THE ARTICLES OF IMPEACHMENT.
Mr.. Vedder, from the committee appointed to pre-.
pare the articles Of impeachment Immediately pre-
scented printed document, consisting OF thirty
eight articles OF impeachment against Judge Bar
nard Originally there thirty nine articles, but
before presenting them the committee struck out
the one in relation to the action Of Judge Barnard
tn the divorce case Of Thomas Fields, who is men,
Der of the House,
The House Immediately resolved itself into Com
mtttee Of the Whole, Mr.. Mackay in the chair and
the Clerk proceeded to read the voluminous and
Misunderstanding document. The members had
not the patience, however, to hear 1t all, and
the reading was suspended. No debate occurred.
The Committee rose and recommended the adop-
Onsof the articles, which were thereupon adopted.
RECESS.
The House then took the usual recess until
evening.
AGAIN IN SESSION.
Immediately on reassembling this evening the
subject was resumed, the special order being the
election Of managers TO conduct the trial. There
was considerable preliminary manGuvring about
the appointing OF tellers, some members wanting
to have them appointed by the Speaker and others
by the House. There was some excitement over
this proceeding, as though some members had fears
Of unairness on the part Of the tellers who might
be appointed.
Mr. Fields moved that Messrs. Moseley and Lough-
ran act tellers, but after remarks from Mr..
Lewis, which Mr. Moseley interpreted as personal to
himself, but which Mr. Lewis disclaimed having
such intent, Mr.. Moseley declined to act. Finally
the matter was settled to the satisfaction of all
parties by the Speaker appointing Messrs. Burns
and ELL. Before the ballOttng commenced the
Speaker, swho understood his name had been men,
toned IN connection with the managers, said he
declined to be q candidate.
EXCITING SCENE.
The House then proceeded to ballot for managers,
and the Assembly chamber presented scene SINH
lar to that often witnessed around polling
place at political election The names of men,
beers werercalled and each stepped forward and de-
posted his ballot in the box. Members amused
themselves In various ways while the votes we're
being counted.
THE VOTE FOR MANAGERS.
At length,the House was called to order again
and the result CT the election was announced. The
nine members having the highest number of votes
and the vote cast for them were as follows:-
Avord, lOl Prince Ill; D. II. HILL 1o4 Lincoln,
~; vedder, SO; Niles, 81; Jacobs, 62 Hustled, 81,
and A. L. Hays, 81.
The SPEAKER declared them duly elected man.
ayers to conduct the trial.
Messrs Tllden, Tobey and Strahan, members OF
che Judiciary Committee, ran close upon the heels
Of Jacobs, Hustled and Hayes, Tiden receiving 80
vDtes, Tobey 81 and Strahan Al. There was large
number OF scattering votes.
A resolution was then adopted that the managers
carry the articles of Impeachment to the Senate.
The Articles OF impeachment.
AsNIcLE That the said George G.. Barnard,
DATES OF his said Office and in violation OF his oath
q Of'oe, was guilty OF NAL and corrupt conduct in
q. Barnard, acting in his said ONCE, in an action
depending in the said Supreme Court, wherein one
john Nyce was plaintiff, and the Erie Railway Com
pany Robert A. Heath and Henry L. Raphael
wepe defen dants, on about the 1st day OF March,
1870, made an er Eaayte order, cnjoining the said
the Erie Railway Company to close its books against
the transfer OF certain shares OF the capital stock
of the said company, owned or represented by the
said Robert A. Heath and Henry L. Raphael, and in
any legal equitable interest. That the said order
was made on complaint and AFFIDAVIT in said &C
ton. That 1t, was not made TO appaar and did not
appear Ey the sad complaint and aidavit, other
wise to che saH Justice that the said defendants or
either eNthem vas about to commit or do any Act
or that Ge sail defendants, or either OF them
threatened or were about to do, procure or suffer
any act 10 be done in violation of the plaintiffs
rights, or tending to render Intellectual any 1udg-
ment which might be rendered IA the said action;
mr. that any legal sufficient ground existed for
making OF the sadGrder. That the said order was
NO. made according to the due course and
practice Of the sair Court or in the exercise OF a
just and lawful discretion, but contrary there
TO. That the sahi Justice made the said
order contrary 70 law, with wilful and corrupt
parti4lity toward james Fisk. Jr,, Jay Could and
ethere who were then directors Of the said Erie
Railway Company. and with q wuful and corrupt
TO law, 90 hinder the said defend
anSs, Heath ane Raphael, from transferring the said
stock. so owned or represented by them on the
books OF said Erie Railway Company they intended
and had Just and lawful right to do. and to impair
their lawful use and enjoyment OF the said stock,
and 70 prevent them from exercising their lawful
right to vote on the said stock at elections TO be
ileid pursuant to law for directors OF the said
pany to The great injury OF the said defendants and
10 the great scandal and Teproaeh OF the said Court
and OF the Justice OF the State OF New York.
ARTICLE impeaches him on the same charge. he |
haying or about the 23d of June. 1870 In an ac-
ton pending before him In the Supreme Court, |
wherein the Erie Railroad Company, James Fisk, |
Jr and Justin D. White were painti0s, and John |
Benjamin Heath and Others were defendants, made |
an cr nG,fp order on the complaint and AFFIDAVIT Of