The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-07-20
JUDGE BARNARDy TRIAL
The Plea Of Informality Of the Impeachment De-
MED by the Court-The Journal Of tho House
in Evidence-Plea as to Acts Done Be-
fore the Judges Present Term

in Evidence-Plea as to Acts Done Be-
fore the Judges Present Term.
SARATOGA, July 10, 1871
The Court Of Appeals met this morning and adj
journed till the 26th inst.
The Court Of impeachment met at ten O'Clock A.
NJ, with twenty-eght members present.
Senator narrower, heretofore absent appeared
and was sworn In.
FOREsTALI.ING JUDGMENT.
Mr.. w. A. BEACH said ~ deem Il proper to call
the attention Of this Court to the article in ref
erence to Its proceedings and the disposition Of
counsel In this case, which appeared this morning
in one of the local papers 1t processes to be intel
gence received from the city OF New York referring
to the resignation of Judge arnard's counsel, Mr..
Curtis, which Is said to be due to the fact that he
advised his client to resign. am instructed by my
associates who are better acquainted with the SUBJ
ject than am, to say that this article Is an utter
and graceless fabrication 80 far as Mr. Curtis is
concerned. SO far as the article refers to the dis
position and temper OF this Court In relation to
Judge Barnard, of course am not qualified to
speak, and from that source the Information
comes which authorizes any gentleman to insert an
article OF this character In relation TO this Court
it is not for me to say. One remarkable feature
about 1t is that it Is uttered the authority of ad
vices received from New York, and simultaneously
with the publication OF it in this place 1t also ap
pears in Albany, where 1t appears to be received
from the city Of New York, ana at the same time 1t
appears In the city OF New York founded on ad.
vices received from Saratoga. 1t Ia evidently
concerted attack both upon this Court and upon
the respondent. ] feel justified in saying that
Mr.. Curtis performed the duty for which he was re-
tanned before the Committee OF the House of AS
semby, and so far as the proceedings in this Court
are concerned he is in entire harmony with the
other counsel of the respondent"
THE PLEA AGAINST JURISDICTION.
Mr.. BEACH then read the plea against the Courts
Jurisdiction of the the ground that the arti-
cles were never adopted by the House Of Assembly.
Mr.. ALvORD, OF the managers fled an answer to
the plea OF the defendants counsel, maintaining
that the articles were adopted by the Assembly.
w. A. BEACH said he supposed 1t would be proper
to present evidence that the articles were not
adopted and called as o witness
EDWARD N. JOHNSON,
Clerk OF the Assembly, who was sworn He testl-
fed that he and his clerks kept journal of the
proceedings of the House of Assembly. He pro-
duced his Journal and Mr.. Beach offered as evil
dence that part which related to the articles of
impeachment The witness then read that part
OF the Journal by which it appeared that
the resolution mpeaching Barnard was adopted
by vote OF o3; that then a committee to prepare
and present articles OF impeachment was APP
House went into Committee Of the Whole on the
same, and reported In favor OF their adoption,
which report was agreed to- The witness said the
DO NOT APPEAR ON THE JOURNAL
at length; II adopted BY the House they would
the articles of impeachment they would have come
into my possession, but they never did come
n4 my aSosto% onv s a sInsa or
impeachment. nor did the Speaker to my know
LEDGE the resolutions are authenticated by me, the
bill by the Speaker.
CONSTRAINED
by Mr.. Van Colt, OF counsel for the prosecution
OF impeachment; never was clerk in case before;
the articles were handed to the Journal Clerk when
the House went into committee.
CHARLES I. DAYTON,
Clerk OF the Senate. testified that he was clerk
while the proceedings were had In the case of
Judge Barnard the witness read that part OF the
journal showing that the Senate notified of the
impeachment of Judge Barnard, also that the Sem
ate informed that the House had adopted
articles OF impeachment, which articles the witness
produced; he is positive that this was the copy
Assembly; ..when received / sent them to the
printer and received them back through the hands
Of q messenger" He had copy made to be served
en- Judge Barnard. He identified this as the orig
inal copy presented to the Senate by its having
of the articles erased; there is no record On the
journal OF the articles; they were not attested in
any manner having been adopted by the House.
cRoss-ExAMlNED BY MR.. VAN CoTr.
sent to the printer
Mr. Beach objeyted, as there was no evidence that
The President suggested that the question should
be put in another way.
possession before 1t was sent to the printer
al think 1t was sent the same day, within few
hours" The witness said he believed this was
the same paper which was presented to the Senate.
''The articles were served on the respondent in
person while the Court was IN session and certified
to by me rs Clerk OF the Senate. The paper has
from the printer. All documents are sent in the
same y, manner as this was to the printer"
whenever wish to retain the original copy have
1t copied, and send to the printer the copy made;
the copy served upon Judge Barnard was cer
titled copy Of the articles presented to the Senate;
I cannot say positively whether it was correct
copy; the copy was made and prepared by my
TO Senator Murphy-l never sent any other arti-
cles Of impeachment to the printer
EDWIN NJ. JOHNSON RECALLED
by Mr. Van Colt. Witness explained that the alb
breviation on' meant that the report Of the CON-
mittee was agreed to.
Mr.. vEDpER,
member OF the Board of Managers, was sworn and
asked il he identified the articles here presented as
those reported by the committee Of which he
chairman.
Mr. Beach objected to this question as parole
proof to aid imperfectons in the journal, and cited
authorities to sustain his objection. He insisted
that If these articles were ever adopted by the
House the record of the House must show that fact;
but the record does not show that fact. The House
OBLIGED TO KEEP RECORD
OF its proceedings it has done so in this case but
there Is no record of the adoption OF these articles
because they never were adopted. He held that
you could not impeach record legally kept neither
can you add TO it.
Mr. Van Colt said the journal OF the House and
Of the Senate had been produced to prove that the
respondent had been impeached; that the Senate
was notified OF this fact, and that the managers
appeared before the Senate and presented the ar
tices OF impeachment; also that THESE articles had
been served upon the defendant, and he had
sponded; but now we are met here, ana there Is
produced here the original articles Of i'm
parchment, the counsel raises the ques-
ton of the identity Of the articles. This was