The sun., 1872-08-01
JUDGE BARNARD'S TRIAL.
FINDING 4 PRECEDENT FoR GRANT
ING ORDERs OIT or COURT.


SARATOGA, July 31.--Thc question is now
being tried here whether man elected to an
o1lcc Of trust and honor 10y the people Of our
largest city can he driven from his high position
by abuse and vitupcration. The indications are
that the scnalc-the clear-headcd and clear
sighted men of the Scnatc--wll be Influenced
very much 10y the action " the Court ~ Appeals.
There may be some in this high court who will be
moved more 10y hackney editorials and personal
prejudice than 10y desire to retain their own
sclf-respcct, and 20 decide according to law and
Justice Even these, however, can hardly forget
that the Judge now ON trial paved the way by
fearless injunction for the election Of a Reform
Legislature. Had old Tammany been success
ful on the ith Of November last, Judge Barnard
might now DO on trial FOR the granting OF that
very injunction. The Court " Appeals Is raised
by position and long tenure of ofloe, above the
sweeping influence Of political revolution.
Their votes will no doubt, be the result Vt calm,
earnest delbcration, unaffected by favor, fear,
or hope Of reward.
SENATOR'S Sinking Dirty.
The members Of tho court have shown q COM
mcnd,h,c diligence in being present at syety
session. seldom "a a Judge missing froin his
seat Iwi-h the same could be sail u all the
Senator'S Honorable rcntomcn m,ht be cS-
cused for occasionally slipping out after they
have answered to their na'ncs In the morning,
but to do so too often would seem to be a dere-
liction Of duty All tho members of the court
will eventually vote ON the case. and ono iud g
might as well hear an argument In General
Term and three Join In the opinion, as for one
third Uf the Senators 70 hc absent from the
hearing Of n cate upon which they will unitodly
THAT BANQUET.
The question which scems to be chiefly agtat-
HN.al l. Nrf
npr or no dinner" Sono days ago Messrp Van
Cnt and Parsons invited the managers to have a
Gft sent throash sir sir sticincy. committee Of the
managcIS consisting Of Messrs. Miles, Prince,
Hill; Hayes, Lincoln Neddcr, Jacobs, and Al,
formally accepted the invitation No,pgrlcuar
day was So d5Wn for the banquet. 1t bclng sup
posed tuat the Bar Association mcn would send
word when ready. But nothing has been heard
from them since, and the managers arc afraid
that counsel have forgotten all about Il. Unless
they brush up their memory, Mr.. Niles VIII be
appointed to a. 4ist them IN conducting the case.
TIE CASE roR rmE PROSECUTION CLOSED.
Tho prosecution are through. Mr.. Horace L.
tlrk and Judge Noah Davis testified to-day.
and Gen l,laf, uitcd states A--i- -taut District
Attorney Purdy, Nr. George Cpd! ec, and one or
two others have been aubupulod. n. Ihp way,
judge Bauard ], charged with granting orders
III. i"ti.. oul s,trchodv els hoiis, hnt /
ueNtr before heard Of judge granting orders IN
% grocery store. IL .ppcaro that Judge who
Arrd some hot naI cr hl.,-ilcs against birnnrd in
n
place whore people 90 ipr -alt aud epss aud
tlttc-ccu' Kin. lie hasn't been imleachcd either.
II shouid be stated. with regard 90 the testi-
nony introduced yesterday, about an cNures-
sion alleged g. have been used by judge u Irnard
In "a divorce ease. that the witness Jude Birds
cyc-docs not positively allege the use of a Nrcss
cXUrc--i.u Is the Judge. His printed state
mt nj T. that either gross expression was used.
or another which might bc considcrel perfectly
innocent. and which Judge Grover did not think
SO far out of TIE Way. Judge Birdsryc does not
swear positively 90 tho use of the Improper eh-
preston by JIdge barnard.
ANDY CARNEY A FAILURE.
The production II Andrew J. Garyey on the
stnut Yesterday WIS failure, So far ts the OBJ
ta.nins ~ material tegtimony is conc cerned lie
nard's house. and that Tweed was to pay for a.,
which means that IL wa t. be taken out Of the
Court House bills The truth II, GarVey met
tho Judge IN the street, and offered to plaster
hl- house. Tho judge con -cuted. and about sl,0p
worth gi decorating and frcscoins was dou'.
GnrNey has never been paid, because he never
had tie moral courage 10 send in till 10 any
OF" connected with The city aud county govern
mcnt, liter having stolen hundreds ~ thou-
sands from the corporation. The man Gar,cy
l. travelling around In sort Of uckct-ut-leaNe
wav, endcavoring TO pander 10 the slightest
dictmont. lie j. angry with Judge Barnard for
granting the iuluu non VIII n stopp, j his re-
clearly incompetent, but the defence offered no
chiccuon to 30. When IL came to making him
tell why he WA there, aud why lac was not held
to hail like Mr.. Tweed, Parsons promptly inter
posed an objection.
rHs Oldest TANNANY skCHIM.
sheriff steveues search Tor Senator Murphy's
name resulted iu thr discovery that the Senatl =
wa- ua"t.l in the Iu'nmany Society on the
.ludse iu.rahutn. who was initiated Dec. =
Of the society.
Lilnputlan Butler-paycnport has come to Sar-
at "a 10 assist the managers bringing with him
carry. 10 appear, that the senate dnd Court #
Appeal, Of the Empire State are not hey nd
rfa hon in fhsaT rf
oi man who has distinguished himself by his
opposition 10 Federal m,nions and their cen
-ickler than ever since the demise Of the
1ht r's Olrn, ON the duy "i the Baltimore nom-
the manly gaze OF Beach, and his testimony was
port has been engaged AL lhc morning In inter
Managers Of impeachment.
Judge Baluard dtl not appear IN court yester-
day. Mr. David Dudley Field sat Win The coun-
Hoffman were among the visitors,
ARTICLE Thirty.
Capt Irving was recalled to testify As to the
allegations ortained in Article xxx. This
nard discharged number Of pris oners arrested
for illegal registry without in't, legal, or sum
cient cause. Capt. Irving said he was accom-
panied into Judge barnard house by William
=, Howe lie did not see Judge barnard, who
had retired to bed, A servant glrl took the writ
Of hdhrdS corpus up t. the Judge, ana returned
with Judge BarnaId's order Tor a discharge oi
the prisoners.
pv Mr. BEACH testified before the Judiciary Con-.
mitee that tleso gritscd on suspicion OF
uttnt to rpficr falsp dont know how louu atl Ter
luowcdg. Know mat any complaint was mndc At all
Iusp Hctor Wang and some officers made the arrests.
ldIn't know that ANY application was made for their
d re Police Head quarters prrNiu us 10 the grant
inc of The writ don't know whether any aihdlyit was
pr ,tntcd Oh NhCi the writ was ifsued am under
TRY Of voters ordered TO take the prsOrcr- to
judge Baruards house 10y one Of the pOhcc tummh
tlDtrr. do not know personally whether Judge lar
nard cune down from lts room 10 the nrst hoor
don't uliuk Mr.. Howe LEFT my company.
Mr.. Beach read portion of the witnesss testi-
mnuy before thc Judiciary Committee, IN Whieh
hr stated mat Mr.. Howe went out TO the front,
whatever chat means
John !. Davenport testified Have been Commis
siUucr uf ft0 United States little two years
Was t1H at url cy Dt thc Union lcpgne club, which
arard thr uppN iutut thrt Congressional tuuWtfrr
and Na- also .iury of the committee. heard hu
trt ny ot t1pf. Irving before that committee. 1hr
orPnf. r anu discharge In .hls case have been mI
| lau OF lvst,
nErECrIvEs STONY.
Thomas IT, ecanlan =. e. atoctIye testified, About
March, 1902 was iu tlc employ of PiuFcrtou iu ul.
New urs branch cUuc. Don't know who omlllltd
i,ukl lon,l Int WIS directed 90 shadow IN 'go IAr
nnrA DOM hloN Tor what purpose other officers
| wore Employed iu tNc same WuV. I don't know any
| ulrt about the ripn Pacific litigation, tlc.pt fruu
| WNepapers', TN Ann, a.y iIelen !oslh1r Nansn@
lWuor ,ntar that Auusr once 10 the evening" perm p-
| .hnut seven Or a. 9ht ciouh. knew Juuyt tlsh, Jr
d.d NOT see hin frequent tnt house ~ IN tluc.
| Wa port ~ the time emnllVfd ON Mr.. Ffk. Lul.
barnard dld nQ' rrnn'u long n tlr housy that time.