New-York tribune., 1872-08-14

bail to the amount OF s2S,coo "Why" said counsel,
"when William NJ. Tweed arrested on the charge
Of stealing millions OF dollars. this same Judge heid @
him TO bail in the sum OF 5000 but inc oolece Sd ' ar
rest until Fisk and his associates could control tho
hShs Conspiracy in this csse for after the twas
issued and executed, then David Dudley tleld coos
himself back and says TO Ramsey, "How are you
81 THIS shows that Field had certain ogeft gf h ih
yiew and with the aid OF Barnard bad attaneu h s o
ec He said it not necessary 10 prove tnat Inose
parties including Judge Barnard should meet
and devise plan in order TO show conspiracy, dnu ho
read authorities for this position.
BARSARD's EVIDENCE.
Counsel pursued this branch OF his argument at some
length turned to examine the testimony gwen
by Judge Barnard showed that 1t was haty contra
diced by a number of witnesses. He therefore claimed
that the evidence given by the respondent was hote en-
titled the slightest consderation-to no more CONSIDER
ton than wSed f % e' be harSe a against him. He then
called attention TO the fact that all these exlfsor
G.ns3 Goal3 OsperS Co. were It was in evidence that
originally Judge Barnard the enemy OF these men
OF the State but that fight settled and the enmlty
removed. Then he became quite intimate with them,
went to the Erie office TO Henry Thompson. Then
counsel said, suppose he went to the opera mouse 70
see Henry Thompson; he went to MISS Mans ans,
charge that Judge Barnard was bought win
Rat Es V %as with threats by
who ten h to aRS IN issuing his
orders by corrupt motye We do not care TO SLOW R e
nard has claimed that the patronage OF ms
court was histhat it belonged to him; Jnads ~ Is
70 be hSpGd tHs5 dur MAXINE % never the boast that
he had in being elected, won prize aud that ne n t
would alone form an article OF lmpeaehment d not
closed with appeal TO the Court to convict ana % ,0
only remove the respondent but utterly dsquaiy nm
from ever holding office again.
MR.. BEACH ARRAIGSs THE COURT.
W. A. Beach then addressed the Court on behalf OF
respondent He said: 1t would be'a poor a1iectauon
were to disguise the anxiety felt by the respondent
and his counsel in the result OF this trial and this reel
ing is not due entirely to the gravity of the accusation
made against him. nor to the peril Of its possible CON
sequences There circumstances outside OF These
considerations, which make this action neInOIape Iley
are within and around this Court, and they are OF
character TO attract the attention of community uo 10
excite the sOcude OF the accused 40 not SPEAK, ei
the words of mere courtly attery when say that es
mate properly the dignity and consequence OF tils M
majority of the Court is political tribunal
tribunal entertaining political notions adverse ana nos
tile To this respondent You come here eInblttereu Dy
widely circulated abuse and vihcaon agals TINS re-
spondent You here pretudleed against this re-
spOndent For years he has suffered obOquy and Will
cation directed against no other citizen OF tDls cOmm
nifty with equal severity know ne appeared mere % uqer @
fore the cODvening of this Court and during It's sesso
there have been mandates lssucu ltVlh tY IA ~ IT.
court from day TO day. The most astonishing calunnes
tbe most abusive epthet the most unlicensed reckless
accusations have been thundered through the leading
presses Of this State and you have Deen lected anu
assumed TO be taught your duty admonished that upon
the performance OF your duty in obedience to the
mand OF assumed dictators viii depend your future po
Nav moreSirs from this very bar daily bulletins have
issued TO the by the various correspondens
representing the character nay, Mr President mlsreI
resenting the character of your proceedings Core
spOndens falsely present TO the community the attitude
OF this evidence, anticipating the decisions VI ths
Court assuming to represent the temper OF its members
peryerng the evidence andnyentng where peryersl0n
would not answer, and caumnatng the respondent and
his counsel. And another circumstance. The Assembly
OF this state appoints nine managers selected rom Its
body and they have sat here through TINS trla as mere
dummies aud delegated TO the Bar Association the con
duct Of this trial and when hear sir tha the Bar AS
sOciatiOn OF NeW-Iork are at TINS hour engaged IN
the circulation OF subscription 10 pro
when see the spirit OF maignity and hate which an
mates this prosecutions cannot but ieei taat tnere are
attention Of this community. And we have 10, Ar.
President The proceedings OF this trial are not p-
gathers daily to observe proeeedings not idle and
ordinary ogngGS not mere Sf tSs
country gathered at this famed wateriugplace.
Do you suppose when the subtle and stealthy ennis
sares OF the Bar Association Of the City Of NewYoTk
sadowing tins Court and its members the specua
tons OF the community will not be excitedi 90 not
daily press and the influences which surround this Court
that IT Is question whether legal right sRa4 triumph
or party hate be appeased and party ambition grained
TIE INTENT AND LAwFULNEss OF BARSARD's ACTS.
Counsel then proceeded to argue that Judge should
not be deemed guilty Of corruption simply because he
had erred in his action. he read from several author
ties sustain this principle of which declared that
the managers Of an impeachment case must not only
prove the act unlawful, but that the intention was
criminal. Another declared that impeachment should
not follow error OF Judgment. He then claimed
that tins respondent could only be punished
e@ds T Sl%e snd tRs a n esabheS b
legal proof 1t must be shown that unlawful act has
been committed with corrupt intent 1t will not do to
that the acts OF the respondent were perpetrated
with corrupt intent 1t must be shown that he has been
guilty Of unlawful acts with corrupt intent 1t viii be
the duty OF this Court 70 examine this question carefully
and closely BY thorough scrutiny OF these orders he
believed not one Of them had been issued not warranted
By law. . /.
that the time was when injunctions were rare occur
renee but since the adoption OF the code they had
throughout the State lie recognized the Importance OF
the lwIit, the great Interests II Is apt TO effect
S Was issued and its issue was Of Common occur
renee. He granted that, the most careful
these writs had but followed the example OF other
judges OF eminence The right to issue inunc
Judge may injunction whenever he has become
convinced that such proceeding is necessary and he
asked TINS Court not 70 punish thiS Judge i0r following
Counsel then proceeded to consider the question of
appointing receivers and cited the law which provides
that judge may appoint receiver where injury or
danger is threatened to property 1t is left to the
There was no discrimination provided for by law
Counsel referred stsT to tho criticism on Judge
York. This too, is provided by law A Judge in
@ Court viii him in Y Ee IN he
found necessary and law was passed authorizing
writ is never issued except alter final Judgment Now
that before the CODE but said COUNSEL 1t not
TO be he ena fact au In this case the WTts OF
assistance were issued before demand for the
property had made aud refused and 1t is for this
Court TO say whether this Judge Is 10 be mpeached for
so doing when adavits made and shown him that
erty and aidavits he issued the writs. Coun
sci could see nothing unwise ndiseree or unlawful in
such action under such circumstances.
THE CHARGES REVIEWED.
Counsel then proceeded 20 call the attention OF the
Court TO the first article which charged the respondent