New-York tribune., 1872-08-02
THE BARNARD TRIAL.
THE MALICIOUS SAYINGS OF AN ERIE JUDGE
BARNARD DEFENDED BY BEAMIsH-ABsENCE
OF WITNESSES FOR THE DEFENSE.
10y TELEGRAPH TO THE TRIBUSRl

BARNARD DEFENDED BY BEAMIsH-AB,ENCE
OF WITNESSES FOR THE DEFENSE.
10y TELEGRAPH TO THE TRIBUSRl
SARATOGA. Aug. 1.-The first day of the
defense I'm the impeachment trial Of Barnard has been
extremely unfortunate for the accused, and has made
him an object OF pity. Gen. Frank Blair who was alb
sent yesterday, supplied the last link in the proof
against Barnard and the prosecution, after calling
Beamisb the Chambers Clerk, once more rested their
case well satisfied with the proof so carefully and COM
pactly presented Gen. Blair testified that he was one
OF the Commissioners appointed TO investigate the affairs
OF the Union Pacific Railroad Company, and remem-
bered the occasion when the election for directors OF the
Company in 1869, summarily and wantoniy broken
mn by Barnard's injunction. few days after he ana
several Others including Judge Barnard, were con-
yersing in the lunch-room Of the Astor House.
in reference to this matter Barnard the hero OF the
moment was giving lively, humorous description OF
the events connected with the litigation against the
Union Pacific Railroad, and ofthe elect OF MS uhcloh
which he compared TO q bombsheu fallng among Hle
directors The narration emphasized by the Vvacous
recklessness and flashing eyes which those famlar WIN
Judge Barnards know so well, kept the COM
many I'm roar until Barnards boast that he had driven
one set id scoundrels Of the State and was going
10 drive out another was uttered TheJoke was 700
serious now, and the malice too evident, ana Gen.
Blair failed to perceive anything humorous IN an action
which was the precursor Of such dire pecuniary erect
Mr. Beach abored in vain in crossexamnation to elicit
from the witness that the remark OF Barnard was
simply intended TO amuse and that it did not indicate
any evil intention the part OF the defe dant In Issuing
the order.
OF Beamlsh's testimony the less sad the better for
the defense although he TO anything that would
tend TO exculpate and commend Judge Barnard. He
produced the undertaking book for the year 1862 ana
was examined upon 1t. On erossexamination Beamsh
stated tt in eight years Barnard had granted between
$4,000 $1,000 ordersa tolerably good bill OF work.
is true the quantity is concerned but the quai
y OF it must be measured by the half-runed corpora
tons that have suffered thereby the dstrust OF New
York courts Of justice. prevalent as TO be quoted
among proyerbs the wnks and gns OF Erie and other
consprators when boasng OF their power over the Ju
dietary which Barnards administration has made pos
sibe and finally the base and ilbred limitations OF his
reeklessness which his example has induced In
other lweaker judges in New-Yc=k City who Will
probably in the near future stand up TO
brave an indignant public, this man has done.
Another part OF Beamishs testimony scarcely needs
comment, the question Of its veracty can be de-
cided by many NewYOrk lawyers who have been In the
habit Of frequentng Barnard's Court He swore posi-
lively that Barnard had heard tgated motions
in Chambers before l2 O'Clock; that there had
been divorce case before him where the wife, de-
fendant, appeared in Court and that he never saw
sensation caused in Court by Barnards words and
had never heard him say anything to cause law
yers TO laugh. Here Beamish's tone became def-
ant and he glanced nyoluntarlly at his patron
seemingly for approval. He finally declared that
he had "never heard Barnard say anything that
was other than decorOus, delicate, and appropriate"
The last sentence brought smiles 70 the faces OF all
I'm the courtroom as well the face Of Barnard him
self and 1t reported by good authority that imme-
datey on Beamish's qutnglthe stand he was laughed
at by New-York Judge for his stupid elimination OF
himself In fact the same TRIBUNE reporter who testl-
fed two days ago can remember positively occasion
when Beamsh leaned back his chair and joined in the
laugh which an intended facetous remark Of Barnard
had created Parsons added to his query OF whether
Barnard had always been decorous and proper the ron
cal qualification "in your Judgment" and Beamishs
affirmative answer rendered unnecessary any further
illustration OF his ideas OF morality His nexact state
ments which energetic people would call lies we're pre-
esey the thing necessary destroy the entire force OF
his testimony.
The prosecuonhere rested, and Mesrs.
REYNOLDS and Townsend held consultation, which re.
suited in the calling OF VIM. L. NJ Phelps NO response
came Three others were called and failed TO SHOW
themselves. Mr.. Reynolds then stated that they had
been subpenaed in the regular way and he asked for at
tachments, which were granted Mr. Beach then arose,
and with no little modification Announced that they had
over 20 witnesses and only one was present;
and therefore he was compelled 10 ask the indulgence OF
an adiournment until morning. The following names
we're then read as the witnesses for the defense:
wm L. NJ. Phelps Jno MeSapara Jno. w. yan noan1 ValE
noel Augustus l.. Brown, n. Y Quackennoss J9hn H.
Conner A. Oakley Hall Horace AnureWs' JS Ean r. ino
Fellows W. F. Howe. Hamilton w. Robinson, Richard
Hope D. Nh d. boei ecnrai NJ M T. stoddard Wm. Buckley
Jno H. strahan, and Alexander Thane.
Attachments we're issued for ALL The absence Of these
witnesses is unpeasantly significant and genuine
feeling of pity was felt by all toward the defendant thus
seemingly by the friends of his prosperity The
Court unanimously granted him the latitude that lay in
their power, and adjourned until tomorrow.
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