The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-23
The "High Court Assembled in the
Senate Chamber.
PARLEYlNG OVER PRELIMINARIES
The Accused Judge Present Be-
fore the Bar.
COUNSEL CHlT-CHAT.
He Presents a General
Denial"
The Court Adjourned to Meet In Saratoga July
II to Proceed with the Trial.
Albany. N. Y. NAV 90. 1877

IL W rTUCttu With tHt lTlul.
ALBANY, N Y, May o. 1872.
Some of the members OF the Court OF Impeach-
ment to try Judge Barnard, and the Managers on
the part of the House. are already In town. ana
more are expected on the noon trains.
At four P. NJ Lieutenant Governor Beach called
the Court of impeachment to order and directed
the Clerk to call the roll, when the following
Judges answered to their names :-Messrs. Church,
Allen, Peckham, Grover, Folger and Rappalye.
The following Senators also answered to their
names :-Messrs. Allen Baker, Benedict, Bowen
Chat1eld, Cock, Dickinson, Graham, Narrower
Johnson, Lewis, Lord Lowery, Madden, Murphy
Palmer, Perry Robertson Temann Wagner, weis-
mann, Wlnslow d. P. Wood and J. Wood
The minutes Of the last meeting Of the Court
were then read
Mr.. William A. Beach rose and stated that the
defendant, Judge Barnard was present in person
and by counsel to reply. He stated that the de-
fendant was not prepared to-day with special
plea nor with general plea. He stated that the
articles had not been officially served. He there
fore asked that time be given to prepare special and
general pleas
Mr. Niles, OF the Managers, asked how much time
would be asked
Mr. Beach said he SUPPOSED the usual time OF
twenty days.
Mr. Reynolds asked what papers had been served
and certified to as being servedS
impeachment.
Mr. Reynolds then asked wv these articles were
authentcated2
The President said the only reply rlat he could
give was that these articles were sent to the Senate
as adopted by the House.
Mr. Alvord stated that these articles had been
adopted by the House, were sent to the Senate and
became part OF the record of the Senate; and
Mr. Niles protested against these questions being
raised at this time The proper time would be
when the reply was put in
Mr.. Beach did not concur with the Managers, and
insisted that this question was at this time prop
erly raised The Court was not yet duly organized
Its members were not yet sworn The defendant
claimed that, before proceedings could go on, some
proper paper-a duly certified copy OF the articles
called to answer. He insisted that no such service
had been made.
Mr.. Prince, Of the Managers, followed, stating
the proceedings and said that, II counsel claimed
that the articles had not been served, he would
suggest that they now be served.
IRREGULARlTY IN THE ''sERvICE"
Mr.. Beach stated that printed paper had been
served on defendant with Of the articles erased
and no certificate attached authentcating Ii as the
articles of impeachment The Revised Statutes pre-
scribed the mode OF proceeding. The Court must
Chief Justice Church said he thought it easy
enough to settle these prelimtnaries. IL was not re-
CURED that the Court shall be sworn In before the
time and place OF the Court are fixed. Then the
Court will meet and proceed in regular manner
He moved that the articles be now served and
that the defendant be given time to make his plea
Judge Allen to say that he had doubts US to
the prOpriety OF his sitting In the Court for the
reason Of his connection az counsel with the pro-
ceedngs embraced In two OF the articles. lie would
ask to be excused.
Judge Reynolds said as far as the accused was
concerned he would not ask any action in the mat
ter either one way or the other
Mr.. Alvord, on the part of the managers, said
they would not ask that Judge Allen remain in the
Court, but they would like to have him near the
Court and tender his advice In the matters with
which he has had no connection.
Judge Peckham said he found himself connected
also In the way OF issuing orders, and he thought
he too should be excused.
Judge Grover said, under the circumstances OF
Judge Allen having been counsel, he would move
that he be excused, but in the case OF Judge Peck
ham he did not see any good reason for cxcuslng
Allen for the present at the request OF Senator D.
p. Wood, who stated that the Committee on Rules
Mere 70 anu 80 the
was read at length.
Some discussion was had as to the number of ON
GERS Of the Court, and the report then adopted
The President then directed the accused to be
The Clerk called George G. Barnard, ana his coun
selw. A. Beach, responded that he was here In per-
son and by counsel.
The President then stated that the accused would
be assigned q place within the bar OF the Court.
The pending question on Judge Growers motion
to excuse Judge Allen was then announced. Judge
entirely independent and separate, and,
Therefore though his brother Judge may be
connected With some or the charges he
was not with the whole Therefore he could
not see any reason for his being excused.
senator Murphy said he could not see any good
reason for excusing Judge Allen. He was not dis
qualified at ALL and If there any objection to his
serving 1t should come from the respondent, who,
he understood made no such objection.
Senator Benedict took a similar view.
Mr.. w. A. Bartlett, counsel for Judge Barnard,
said the respondent made but one request. He
comes here and bares his breast; If there IL vul-
nerable point let 1t be found. He made but one
request, and that was that he have
%ch aeS a through ds eny
fairness and justice. He asked IT. when he came
here upon momentous trial. trial which was to
determine whether he is to hold Office hereafter
not, question was to be raised and put to him
whether certain Judges shall sit on the bench. He
had the highest respect for Judge Allen. As for
Judge Peckham, he would say that In the course OF
the trial It might be necessary to call upon him to
Manager Niles thought counsel misconceived the
question. He did not understand that Judge Allen
had preconceived opinions such as disqualified him
from acting as Judge in this case.
Mr.. Beach said his client had reluctance to be
tried by any member of the Court who has had any
connection whatever with the cases referred to in
the charges. He thought 1t would be INDIGENOUS
participate in this trial lie said some Of these
Judges had been in judicial antagonism to the re.
spondent, and 1t was utterly impossible for them to
take part In these proceedings without being con-
trolled by preeonceved opinions: He had not one
proper for him to say anything of the kind He did
not agree in opinion with Judge Peckham. These
charges are u unit Tney were not separate ana
distict and independent One affects the other.
Rules have been adopted that every member Of the
Court shall rise in his place and
SAY GUILTY OR NOT GUILTY
on each and every Of these charges But ia this
matter In which Judges should ask to be excused
They are not yet members Of the Court; they have
not yet been sworn In. What compels them to come
In here and serve In this Court He thought that
II these gentlemen had doubts as to their compe-
tency, all they had to do to withdraw and take
no part In the proceedings OF the Court. There
would be enough Judges left to constitute the Court
In tn nply rnfap ra1 60 t.nf To-
the Court could be rendered nugatory or invalid
were these Judges to withdraw, by the death or
sickness OF one or two Others But as to the men,
bers OF this Court he understood that these Judges
are q part OF the Court now.
Manager Prince stated presidents, in which he
showed that members OF the Court would be called
upon to vote on each article separately.
On motion OF Senator Palmer the Court went into
executive session for consultation.
On the reopenng OF the doors the President an.
nounced that the Court refused to excuse Judges
Allen and Peckham.