New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-03-22
JUDICIARY INVESTIGATIONS
JUDGE BARNARDS SHAME.

AN gx-sgPREME COURT JUDGES OPINION OF
BARNARD-THE EXISTING SYSTEM NOT AT
FAULT--rHE DAMAGE DONE TO BUSINESS
INTERESTS BY BARNARDs ACTIONS.
The counsel of the Bar Association were I'M
able TO close their case yesterday and to
them the examination Of the charges against Judge
Barnard was dise outnued u, tomorrow. To-day
SAID the Judiciary Committee will begin an investiga
ton OF the charges made against Judge McCunn
The first witness examined yesterday was ex'Judge
william Mitchell Of the Supreme Court. He testified
that he had had extended experience on the Bench
and In the legal profession and that at present there was
no confidence In tho judiciary, while formerly the re-
verse was the case ne had doubt that this want NJ
confidence materially affected the business interests OF
the state and that the frequent Oily MANIFESTED ~
Judge Barnard the Bench was to be regretted; VIII
ness bad repeatedly heard that Judge Barnau was par
tia in his decisions TO certain lawyers ana was as
trusted by many members " the Bar; that ne was III
c,usiou With certain litiganis and flat he was re
corded as a very reckless snd bold Judge. In
answer TO the question, whether the 0id sys-
ten OF Chancery practice or the existing system
wac best witness said he considered the latter superior;
but that the NewYOrk Judiciary had fetrograded greatly
during the pas ten or fifteen yea and that great abuses
had grown up under the code. Witness further as
serted that the Judiciary exercised Tess cant0h IMAM
formerly, ana regarded with contempt ra'her then
respect
Edward g. Black counsel for the prosecution in ths
suit OF Capt samuels agt The EreniVgi'ost testified thaG
Judge Barnard had delayed the Gaze an unreasonable
length II time, t. the detriDent OF wltnesss clients thJ
John f. Deyn, counsel for the defense obtained sly
of proceedings and that wsness failed IN forcing the
to "a argument
A. Low testified in confederation OF the evidence OF
George Oodyke, william A. Sooth, and Others ne rep
resented ~ President and Director, eeyeral 81 me
largest railroad ana mercantile nerests Of the Un Yea
States. and his experience had found gTnefal rehc-
tnce the part OF the community to i1vest IN secu
which could be affected by the decsODs 81 Barnasd
and CardOzC In the European stock markets Wth -
stated that the influence of this feeling OF Aecury VIZ
very damaging.
Douglass Taylor. Commissioner of Jurors, testihrd
that few days after Judge Barnard issued the inune-
ton in the suit OF Scott ag The gammany Socety eX
accosted Barnard in tho street. and alluded TO the diff
tcuty which had occurred between the SacheIns and
the General Committed witness said To Barnard You
not competent to grant an order, YOU were a
OF the Society :" Barnard replied that he under
stood lie member bHt added that the fact did not
strike him when be granted the order; witness con
sidered Barnard very "jOsOse" in his manner3 the
Bench, but knew Of nothing specific against him
Robert Lindsey. Ofieer VI the Court OF oyer and
Terminer called, and Tnt in evidence the b0Dd
which William NJ. Tweed was released hOm custody in
the criminal suit against him.
Mr.. Compton complained to the COm1Gttee OF an. He
gal allowance made by Barnard IN the st OF Shepherd
agt. Thompson and John A. Duff.
Thomas g.. Shearman. of the firm OF Fields x shear
substantaed certain points i'll his previous testi
mOny relative to the Albany and Susqueaanna suiiS by
testified that he had knowledge whatever of the
OF the late James Fisk, jr i'll settlement
of his suits against the Union Pacific Rail- Dad Company.
Witness had not heard Of such amount previous 10
Horace f. ClarkS testimony, OF payments being
made 70 Barnard.