The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-07-28

In his endeavor to have the terms Of the impeach-
ment made .'high crimes and misdemeenorsm but
words Of q vensl ana corrupt conduct"
Relative to the impartiality OF the Court the re-
JndQe Peokhams Injunction In the case OF the
Albany and Susquehanna Railway as SURPRISING IN
the form and meaning o. e1o1n%ent any s 1oc cs
as even to forbid the persons enjoined thinking"
of certain methods Of action.
The article OF most gravity in the impeachment
specifications is in the estimation OF the respon-
dent, that relative to the breaking open OF the
Union Pacific Company's SAFE because this act has
OF the city Of New York 10 the degree OF driving
powerful corporation away to another state and
port.
The respondents defence In this case Ia that
direct oath had been made as to the insolvency
and dishonesty OF the Union Pacific Company, and
the same was to be proved by the testimony OF the
books and vouchers In the safe thereof to which
the receiver was forbidden access by Of the
lock being fugitive from the Jurisdiction Of the
Court. There existed no precedent for opening
any such safe, safes and locks OF the
ventiOn The safe, therefore, was ordered to be
opened in the most expeditions manner In order to
compel compliance with the needs OF the receiver;
and the precedent was boldly established that
where O fugitive from justice carries away q CON-
bination Of which he is solely informed he shall not
bar access to safe for that reason, but the safe
Frank Blair and others attest that Judge Bar
nard, while one day IN the barroom OF the Astor
drels out OF New York, and he was going to drive
this union Pacincl Set" Judge Barnard said yes
but should not deny it, as being POPULARITY
between gentlemen; and II meaning anything,
meaning that he had driven Drew, Fisk, Tweed,
Erie road to Jersey City, where they remained till
Vanderbilt compounded his suit with them This act
ms court was generally approved ana in the belief
the time named were as corrupt and scoundrelly
set as the Erie Company had been. 1t is said that
mate OF the Union Pacific people, and that, II he
can be brought here he will testify to the same
effect.
AS to the Albany and susquehanna and other
ers appointed upon oath q insolvency, &C., the
assn ssm w be o saa' s@srs sppss sS'
reach OF the defendants: In the cases
na To
Judge Barnards decisions.
In the matter OF the sum Of 81 900, presented to
the bank book and the bank officers, showing
clearly the nature OF this mputation, which ne
vited to the christening Of child three days Old all
them James FISK, Jr. Fisk and Others not
recognize the invitation in some way, sent
through stranger to Judge Barnard zone Madden,
II remember right bank book to Mrs. barnard,
certifying that 1900 had been deposited to the
infants credit which was not to be drawn from the
bank except at the order of said male child when he
Here" say the friends OfBarnard, sis courtesy
customary among people OF fair quality and pros
perity, and pertinent only to a mother and her
infant, made an article OF impeachment. When
Fisk directed his man to deposit this money he said,
Go and do this for Mrs Barnard, and the boys Will
make it upr TO this day the sum has
never been paid to the original deposltor and he is
out of pocket to that amount, as he Will swear and
show on the stand. And the business OF the
costly chairs, costing $500 and upwards will
turn out as baseless except to the suspicious OF
the resentful and the smalll'
Upon the head OF many Of the terms used In the
fifteen specifications Of the thirty-seventh article,
Judge Barnard's defence will he that they were
uttered in Chambers ana not in formal court under
stress and despatch OF business OF the nature OF
proceedings In Chambers, which being mainly be-
tween judge and attorney, Familiarity require no
severity OF department and gravity OF remark TO
make points for this impeachment, and aware or
his familiarity Of conversation and repartee the
down all that Judge Barnard might say In Cham
bers, and be ready to make oath, to wit:-Advised
one day, when less than dozen people were
present, that red-headed man was noting him at
every sentence for political ends Judge Barnard
looked up, and exclaimed as ny lighted on his
face:-
101st article OF impeachment"
He claims that such humors, neither rare to
judges nor TO his long-estabIshed habits, make up
out Of his mouth by conspirers and vilihers
The closing Of the mail which leaves Saturday
ut three O'CLOCK I'm, cozlspes me to postpone the
could have been given in the form OF interviews
had not sucn been prescribed by the gentlemen
who had given me their confidence. The above Will
bar and others who have been wondering what
points OF reply Judge Barnard might make to the
articles under which he Is arraigned.
may add that he will face this trial to the end
unless his friends be satisfied OF the nnexible poll
tcal composition Of the Court. In that event his
conduct will be decided by his own will, which he
deems safer than counsel.