New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-08-09
.1UDcE BARyARD'S DEFENSE.

Judge Barnard, in his defense at Saratoga
has paraded the fact that he was the just and
honest Judge who granted the injunction by
which the Ring Controller was restrained from
wasting any more of the public funds; and on
the last day of the trial tho counsel for the
Reform Controller testified that the Judge had
granted the injunction from a sense of duty
1t was well that the defense reserved this
testimony until the last moment, for it would
not have been difficult to prove that his ac-
ton in making this injunction permanent was
as corrupt as any Of his judicial acts. 1t Is
true that the granting of this injunction was
looked upon at the time by the public as an
important success and an honest decision, but
without much consideration either of the thing
itself or of the motives for which it was done.
The Injunction was a sweeping interdict-so
sweeping, indeed that the city government
could not go on without its modification. 1t
was not discriminatory addressed to restrain
the frauds against the city government but
operated almost to suspend the functions of
the government itself for the time being
The jurisdiction granted was, at least, doubt
full. 1t is well settled in this State that a
suit by taxpayer to restrain or redress a
officers cannot as a general rule, be sus-
tanned. In that instance the suit could not be
sustained unless a section Of the tax levy of
1854 should be deemed to authorize it; for
the general rule of law is, that it is the
people of the State only, by the Attorney
General, who can bring an action in such q
case. 1t is we'll known that Mr. Charles
O'COnOr and Mr.. Samuel j. Tilden did
not believe that the action could
be sustained at all. Judge Barnard
in that particular instance was just as sweep
ingly liberal in the exercise Of judicial powers
apparently on the side of the public, as he had
often before been in behalf Of private persons
who were his friends or favorites and the Ring
whose tool he was 1t is well known that he
has habitually treated his judicial trust as if
it were his private property, which he was at
liberty to dispose Of according to his will or
his caprice, TO use as patronage to benefit his
friends, or as an instrument with which to
punish his enemies. In this particular case he
had the felicity of doing what for the mo-
ment, was popular, and appeared to serve the
public against the> Ring, while at the same
time it was serving the most powerful men,
bers Of the Ring, whom he expected to sur
viye the wreck of the feebler members.
1t is well known that the plan of the con-
spirators was to make Connolly the scapegoat
and to save the other members of the Ring,
and reGstablish their power on firmer basis,
under the pretense of reform. 1t is well
known that Judge Barnard's opinion in this
Injunction was submitted to MIR. Tweed and
the others, and shaped 80 as to meet their
and serve their purposes. Con-
nolly was chosen as the one Of the four who
should be made victim to the popular rage.
The burning of the vouchers was to be charged
TO him, and he was to be compelled to resign,
aud the Injunction was one Of the means by
which lie was to be thrown out. The demand
for his resignation was part of the scheme,
and the first act Of the conspirators to
open Connolly's eyes to the fact that he
was betrayed. The injunction was chiefly
aimed at him, and when he should have been
forced out it was arranged that some respect
lble gentleman was 70 be appointed in his
place, and the public assured that everything
was right.
IL @1s rumored, at tho time, that Judge Bar.