New-York tribune., 1872-08-13
THE BARNARD CASE.
IMPEA ACHMENT PROCEEDINGS RESUMED - ARGU-
MENTs OF JUDGE PRATT AND MR.. sTICKNEY
FOR THE PROSECUTION
LEY TRIRGRApu TO TIE rRlRIrNR

MENTs OF JUDGE PRATT AND MR.. sTICKNEY
FOR THE PROSECUTION
IBY TELEGRAPH TO THE TRBUNEl
SARATOGA, Aug. 12.-The summing up of the
in the Barnard impeachment trial has fairly begun
and will end 1t is expected, on Wednesday. The Court
opened with much fuller attendance Of members than
20 being present including all the Judges of
the Court OF Appeals The popular confidence in the right
verdict of the Court this matter stronger now than
It has ever yet been. The people have steadily watched
the trial from day day with tho greatest interest," aud
ever alert to detect anything which pointed at influence
other than that furnished By the evidence Judge Bar
nard was in the courtroom to-day for probably half an
hour. Whether the proceedings disgust terrfy excite
or simply weary him, it Is impossible to say.
JUDGE PRATT's ADDRESS.
1t would be scarcely possible to give even the sub
OF the addresses which have to-day consumed nVe
hours ExJudge Pratt to whom had Deen assigned the
opening argument OF the prosecution, acquitted hmsc
in a which brought him numerous congratuia-
tons although at first his delivery uncertain and
hardly effective as those who knew him expected YET
he warmed with his subject his animated ana
his voice became strong and emphatic He began with
the citation OF authorities to show that there was no
power in the Court to grant the orders which had been
granted and alluded specially 10 the fact that nearly al
the igati0ns the interest OF the suors ana
that the Judge always relied upon and applied to was Bar
nard, although there five other Judges near at
hand He read from Russell on Crimes" ana the stat
utes OF this State to show that acts which might be
deemed innocent in private individual were impeacha-
bic in Judge, and the view OF the defense that
impeachabe act must be indctable Offense with
the proposition that from considerations Of public
politics the Judge specially excepted from lndct
ment. He also explained the purpose OF the right OF
injunction, showing that the law intended thereby not
decide the rights Of parties had been done by the
respondent, but TO preserve them until a decision
could be had, and he asserted that the danger
OF delay to the applicant ought TO be clearly
shown before the injunction could be granted. II
granted without due inquiry into the acts and cITeum-
stances, 1t was violation OF law ana Justice lie APP
piled these principles TO the under consideration,
proving the cupabty OF the accused. Admitting that
there was sentiment ia human nature WINCH 70 GER
tain extent, paiated favor bestowed upon friend,
even though injury TO Others resulted from H. ne said
that they could comprehend agitOus order founded
either upon friendship for Fisk or hatred TO those
affected by the order, but there was no motive behind
all these orders as the defendant mad tired TO prove te
the only possible reason for them was pure deyitry
The speaker enlarged upon the qpdgned and danger
GUS example OF Barnard in granting the most moment
orders in the street bar at the opera house,
and in other unseemly places. AS an instance OF this he
reverted again to the now widely fact that TINS
judge the day Of his mothers funeral even, opened
court aud held session at the portals OF the grave In
conclusion he gave deserved credit TO the Bar Assocla
ton for its manfu fight against judicial combinations,
which has resulted surely In bringing to punishment
the most powerful enemies 1t could haye-inlmlcal
MR.. srIcKSEY's ARGUMENT.
At the conclusion OF Mr.. Pratts argument Albert
sckney presented the facts OF certain with which
he was more familiar than his colleagues. Mr. Stick
neys address was remarkable for its minute details and
their complete connection, and under his careful
guidance tangled Erie gations and the mysterious
windngs of the Albany and Susquehanna squabbe were
unraveled and Strengthened In the suit Of Lane
against the New-York Pier and Warehouse Company
he made q weighty point OF the fact that
when Sherwood was brought before Judge Barnard
after prsonment on an ex parte order by this same
Judge Barnard released him on the ground that the
order was Illegal and this q statement which might
nave been made before the order was granted except
tina it was ex pare The discharge OF the seven roughs
who arrested for false registry and carried ae t
night 20 BarnarIs house was characterized as 10 ue
Beryed and due attention called TO the fact that
Barnards word was opposed to that OF Police captain
Irving on this last question and again 10 Barnards
statement contradictory Of himself that hs discharged
them because no Ohense charged in the return
stated to be annexed to the writ, when he aterward
admitted that there return. Mr. Suckney during
evidence between Judge Barnard and such men as
Charles Tracy, ex-Judge Brdseye, and even JOhn W.
Stirling Of the firm Of Field 81 shearman whose test
mony effort the side OF the defense-lll SHOW
ing the slight reliance 20 be placed upon tue word OF the
respondent himself. Mr. Stickney read tine deel or
Judge Barnard in the Merchants Union Express
Company case, TO show that Barnard himself, years
before the first receyership granted by him, had
laid down clearly the only principle upon wncn re-
eeiyer could appointed and the only circumstances
under which corporation could be put In tine hands OF
Field I'm the first Erie litigation showing that Mr. Field
himself sustained by the court had declared the imita
tons the power OF the Court TO grant ex ptrte re-
eeiyershps that the receyershlps granted Dy bar
nard and mentioned In the articles or impeachment
were violation Of his own previous adiudica-
tions and the brief OF Mr.. Field Mr.. Stickneys argu
ment Will DC Resumed in the morning.