New-York tribune., 1872-07-22
JUDGE BAREARDS 1hiAL'


ACCusED sTRIKINGLY ILLUSTRATED
Try TELEGRAPH TO THE IA'oONII
c.p,rocA. July 2O.-The proceedings to-day
,i' parnord Tmpeachment have finished the dis-
,o 90 the preliminary motions for the defense anu
-, Monday the actual trial will begin Win the opening
neecb Of Mr.. Van Coit on behalf Of the prosecution
the FIRST day Of the trial brought scarceya person out
side Of those Immediately interested into the court ioo
t Saratoga is becoming alive to the TACT that an event
Of magnitude and significance is occurring mere ana Tue
nopnlar interest Is doubling and trebing every day'
ekoped by the talk about the hotels and the attendance
in eourt To-day the body of the house was hed al
most equally by ladies and gentlemen, and the proceed
incs were decidedly more interesting than on the
nrecediug days. The defense, thanks 10 MT
Beach, has made struggle worthy
of better cause and though all its efforts have been
fruitess-for decisions have been directly against
the defense all through-it is doubtful if GEN. Butler
(gbo IL was al one time rumored to be the senior
counsel and who IL is likewise hined, was let alone ne
cause Mr. Beach threatened 10 resign II he was l" Dc
overshadowed even by such e lawyer as MI bntierl
would have succeeded any better, or IN fact succeeded
at all.
The first question that arose to-day previons to Mr
Beachs reply to Mr.. Van Cot, was whether tLe discus
sion of the questions issue should be limited TO one oi
the co upse on each side The President ana Chei Jus
tce Church thought one sufficient but the request was
pressed and favored strongly that v@e was tAen
and nine members of the Court voted IN avor OF nearing
additional counsel. The affirmative voters were Judge
Peckham, Senators Benedict DckinsoS, LEWIS Lo"ety'
Murphy Tiernann, D. p Wood, and Wcodin. The motion
having been announced as lost Mr. Beach began his re
ply confcssing his inability 20 extract from
| the argument Of his opponeHt the principle
| upon which the latter resisted the rejection
Of charges relating to macondnet prior TO Barheru
present term OF Office but admitting It's general eAcei-
ence and beauty depression The counsel had failed to
in lg Qf
rtt argued by counsel distinguished as OCouor, and
decided by a Judge reyerenced as lngraham IL had
been repeatedly announced IN legislative assemblies
that acts could not be impeached after the tenure OF
Office had expired, and how then, after being elected
perhaps TO the same Office could officer be removed
fer acts done before election Mr. Beach expressed
contempt for the precedests cited in English Parla-
ments, although lie has continually referred To them
himself They were the opinions OF au age according 10
him. when too strict account was kept OF loose and
illegal actions and when might be hung Tor steal
| ing COW.
Mr. Van Cott mildly corrected him by suggesting that
the cases he quoted after when the admins
traton Of Justice was orderly and mercfu Nj Beach de-
MED it the spot, claiming that npeaclments were
then held for the most trivial ofenses. He then implied
in causc that the Court was dictated TO- without
right by the Assembly OF the State Of NewYork body
born in the spirit OF reform, the progeny or Commit
tee of Seventy and abortion and defornlty from It's
brthw These words caused no rippes OF amusement,
but were received with perfect silence that did not
argue any advantage for the mprudent counselors
client Mr.. Beach then concluded his argument by al
ludng to the cases OF Wilkes and The People against
| Stocking The LeutenartGOvernOr asked all were
ready for question, which then voted upon re-
sulng defeat the defense 10y vote OF % Be The
favor Of objection ChetJustce Church Judges
Foger and Rapallo, and Senators Foster, narrower,
| Lewis, Lord, Murphy and o Bren
Mr. Beach moved TO strike out portion Of article IX.,
and all of articles XIX, Xxx, XXXVII and XXXVIII.
The first three Of these articles relate mainly to the IN.
teTmnabe lights between Erie and the Albany and sus
quehanna Railroads. The ground upon which y wa
moved to strike them out was the technical one OF in-u
fcieGcy and numerous authorities were cited ~ sup
port OF 1t. Chief Justice Church expressed dsIEcu
lion 10 vote IN favor Of striking them out, the ground
that the Court had right To do They came from
the Assembly ana II Improper that was tne pige 10
raise tle question senator Benedict sald the aIes
appeared 10 be treated one thing and allegations in
strike you may knock out the keystone of the
arch, and the whole structure may fan TO pieces, for y
continued. and the articles were finally struck out
Mr. Beach agreed 10 waive the consideration Of Articles
| XXXVII and XXXVIII until the testimony was taken
which have distinguished and disersced B9rnard adj
| mnisraton. The specifications under the AAANlllth
Article recitng these undiguled sayings were read by
Mr. Andrews al the request OF MI Beach who evidently
thought that his own impressive delivery might add 10
their indecency AZ his request portion OF the spech
cations omitted, there were many ladies present
Mr.. Van COtt cOmphmentcd Mr. Beach upon Lis good
taste and made strong point Of the fact that Mt
Beachs objection 10 them sustained. If the
utt.rances OF Judge Of the supreme Court were so in
decent that they could not be read in the OF
| ladies. that was ample ground for his removal,
| and lie added the argument that the administration
! OF justice by Barnard had been so scaudaOus as 10
drive from the city wealthy capitalists and great
porations The first hit stung Mr. Beach To the quick,
and he Instantly declared that hc should read these
omitted specifications. Before Le could finish them q
large number oil ladies preciptaey left the courtroom
Mr. Beach Afterwards commented upon this saying that
he had aged female relatives present, before whom hc
had 10 hesitation iu reading language Of that kind,
! charactcrziug II A. simply rude and rough, II yOu
please not offensive 10 the dignity ana d6lcacy OF
woman By consent the consideration of these articles
waived until the proofs were presented and a. Mr.
Van COtt uuwe, the Court ad burned until Monday,