New-York tribune., 1872-08-15


ished and yet counsel the other side tAkou -
moh eonspiracy being shown. Counsel trusted a'A'
ne vould hear no more talk that subject III WAS
posed Of by the Court, and he would not give ,,,o
| attention Counsel then took up the AAiS' .r.onrb
which charged Judge Barnard with Issuing ~. ,ho
ml%a1kee and ST. Paul Railroad Company tnS 1cym cD"r
plaint being insufficient Counsel Staten tho Highest
Of fi the the SaraeT Of Ira sha whom IT %qs
sought to damage by placing ms a nam that the plaintiff
was pursuing perfectly legitimate caso, the mart of
70 for any mPGPsSr PsScn 1f5SR fdCf Sp the &xvh
aTeIe charging the respondent with wrongluy % HeoS
ing the lease OF the Olympic Ineae Counsel insisted that
Indee RaTnards action was perfectly proper IN TINS mat
ter taking into consideration M tbe ease of stamford
against the Pacific Mail steamship GopaS: % o hn, @ What
ed that udee Barnard did nothing IN ts case Dus &
sidere and inst Judge ought to do and under tne
circumstances would DO inns company p led in
and vet when Judge Barnard directed the
payment It was refused then the paintn appeafea
sTray aferncon Judge Barnard told him he was not
the haDt Of granting order 9TGSs m at f S ibe mat
ter he wrote note TO the company advising ,he % 10
Was al there was Of that case counsel said ana ne
asked If that was fit subject of impeachm%ent men Ana
yet there separate article here, based on this note
QUESTIONABLE ORDERS DEFENDED.
Counsel then considered Article XXVII charging the
respondent with Issuing order restraining the
sachems OF the Tammany Society from closnthe doors
the hall against meetings OF the cororaors Barnard
beng corporator Of the Society Counsel said that the
fact Judge Barnard was totally unaware OF his ever
belonging to that Society, and that was sufficient
answer to the charge. Counsel then examined the
CHARGE in Article xviii, of directing the collection OF
unjust fees and allowances, and pointed to several
precedents which sustained Barnard's action, among
them one by Judge Peekham. This called from Judge
Peckbam the remark that Ina allowance was just one
Counsel responded that he hoped no one 10 whom ne
referred for precedent here nor single person pres
subject Of complaint. On the contrary, he had cteu
his precedent TO sustain the action OF Judge Barnard
TO show that his action correct legal and proper
and lie had been he said very careful select the de-
clsOns of the most eminent and lusIlous Judges US
tis client in good company. Counsel then
noticed the charge in Article XXX, that that
against forecosing ohatte mortgage on the appllea-
ton Of Fellows, the injunction was Issued, ana tms
through favOrism TO Fellows. Counsel insisted that III
only after the case was properly represented 70 MN
that Judge Barnard issued the order counsel te re
charged with releasing SIX persons arrested on charge
Oh T,o saSed the cipeHmsances OF the
case which were that these men were arrested In the
% ISre made rotnTnabIe 10 himself They were
brought before him after he had retired for the ng
them by any he ordered their release II was one OF
those cases OF arrest frequently occurring Ia
by the police upon the slightest proyocauon ana under
| the most hmsy authority
Counsel hen TOOK up fe enages Gns IN
| referring 10 a matter connected with Others
| already noted Article XXXII. has reference TO
the use of the fictitious of John Doe and Richard
Roe In the New York Pier and Warehouse COmpany's
case Counsel showed by the Code that tins practice
case and the charges in the articles all having reference
| TO the New-York Pier and Warehouse Company The
but upon being advised OF certain other facts the
accused stopped the proceedings at once ana dismissed
the matter How he asked, is it possible TO show cor
ruptOn the part OF judge when he thus promptly
corects an into which he has TALENT IL Is doing
violence TO justice 10 even suspect corruption under
such circumstances. Were he governed by corrupt
motives. he iii conspiracy with Lane when he had
Sherwood in his power for showing contempt for his
orders would he have acknowledged his error on the ap
pearance OF fact which had been concealed from him by
Lane. and with stern indignation dismissed the proceed
ings aud driven Lane out OF the Court AS to the
nard used frivolous ana vulgar language counsel SIMPLY
directed the Court TO the evidence which had been taken
SUMMING UP.
Mr. Beach then spoke in review Of all the charges,
starting cut with the declaration that all the orders is
sued by Judge Barnard had been regularly issued and
according TO law; and, in addition, he insisted that
Judge had night 10 deny the issue of these orders
when properly applied for. He then presented the in
quiry Judge he held responsible for the effect
and consequences of his orders. He detailed what
Judge should be- what he should know; how varied his
knowledge Of all Of business should be; that in
short he would have 20 he both ubiquitous and ON
niscent He submitted that this would be asking too
much, altogether too much, of any one He called the
attention OF the Court 10 the Of the Union Pacific
Railroad Company, and insisted that, If there was any
Of the orders OF Judge Barnard but rather from the
pubcity given the facts of the mismana cement
nected with that road. This the true OF any
damaging effect, If there was any Counsel then pro-
ceeded to address the Court saying that the decision
| of the case TO be left TO calm Judgment,
and that Judgment was TO be swerved by passionate
appeals then there would be IN looking for justice
here He had, hc said considered this thus Tar
with prevailing idea that Judge Barnard had acted
in accordance with law and the practice, and 1t was
IL in all its aspects he would
that he had committed Counsel here INDUCED in
flight Of elOquence which enchained the attention OF
all present several minutes, which he presented
the duties OF judges and courts ana expressed what was
expected Of them but said he, while admit that this
client may have committed errors demand the proof"
| He would protest against any assumptions de de-
| manded proof OF guilty purpose IN any
| glanced at the social charges made against the
respondent, and ms intimacy with James Fisk, jr
Detectives had been put his track and yet the fruits
of their abOrs that he seen going to the Erie
company twice. That Is ALL That Is all the
bloodhound spies set his track by the Bar Association
could Spy reporters also set In watch IN his
court what did they eecure lie warned the Court
here for IL did not know how soon the same blood
hounds would be put the track OF each and every
member of this Court and all their pryaces brought 10
light There would, he said then be plenty OF impeaeh
ments mo-" said he the private nie OF thls
re pondent private life of man, should be thus
logged 1t has place here Whatever has been done
this respondent In private life IL not subject OF III
Quiry here But should he conduct bimsef In open
public to become a by-word and reproach, then
counsel admitted he should be brought before this bar
Counsel then referred to number OF circumstances IN
the case which he discussed and explained.
The hour OF arriving the Court adjourned before Mr.
Beach had finished his argument.
THE MISSING COURT RECORDS.