New-York tribune., 1879-04-28
Ex.JUDGE BARNARDs CAREER.

keepse IN 1929 and about hfty years OF age at
the time of his death His father was sea captain,
and reared large family George being one OF seven
brothers There were also daughters. one of whom
married ex-Judge Samuel Jones. of this city with
her sister Miss Barnard. she has been in attendance
on her sick brother The sons were all given col
lege education ex-Judge Barnard being graduated
at Union College His only surviving brother IS
Judge Joseph T. Barnard, Justice of the Supreme
Court of the Second Judicial District. After leaving
college the Young man studied law in this city, and
also in the offices Of his brother and vt Judge Bar
culo of Poughkeepse. He began the practice OF
his profession in the latter city, going to san Fran
cisco one or two years afterward to JOIN another
brother. who had been successful rs lawyer IN
California, but who died about 1856. Young Bar
nard then returned TO the East, and opened an office
in this city.
He had not long to wait for clients or public
favor. He was elected Recorder in 1857, and
throughout his term his judicial acts passed with
ont criticism. His term Recorder expired in
1860 and he was elected Justice Of the Supreme
Court on the Faumany ticket. Ia 1865 he was re-
elected To a second term on the bench Of the Su-
preme Court
His career became clouded about 1870, and in
1872 the attacks which bis official acts invited re-
suited IN a trial for Impeachment and the judgment
of disqualification. The TRIBUNE was mainly IN
strumenta L. bringing TO public view the facts on
which the charges against him were based and by
which they sustained. 1t is only fair 20 say ut
this late day that the crimes committed by Judge
Barnard at the time alluded 70 were more out
of ill-considered kindness toward friends than
from venality. There could bo traced 70 him
none of the extensive spoils of the Iammany KING,
which he served ont Of his reckless good nature,
although q committee of the Assembly thoroughly
inyesti gated this branch Of the charges.
He was very intimate with James Fisk, jr.. and In
the long litigation between the various directories
of the Erie Railroad and the Albany and sus-
quehanna Railroad, he signed several injunc-
tions against the latter in the interest OF
the former. 1t was. bitter fight in the courts,
judge Rufus w. Peckham setting aside
each successive injunction granted by Judge
Barnard, and granting one for the op-
posIte side. Judicial action on the part
Of Judge Barnard was instrumental IN driving the
Union Pacific, Railway Company from this city to
Boston, and these various decisions of his were the
principal subjects of the impeachment investigation.
Being reckless in his speech, Judge Barnard was IN
the habit of making indscreet remarks from the
bench, which compromised his dignity, and these
sayings were also subjects Of sharp investigation.
In February. 1872, the Legislative judiciary Com
mi tee reported In favor of impeschment Judge
Barnard objected TO Samuel J. Tilden's acting with
the committee on the ground that he was personal
enemy The Court of impeachment was held in
Saratoga. beginning its sessions July IS, 1872, and
continuing into August 1t consisted of the Justices
of the Court of Appeals and the Senate of the state
Judge Barnard at the opening Of the trial was
confined TO his residence IN New-York City, a suf
ferer from rheumatic gOut. His counsel were
William A. Beach, William o. Bartlett, Rufus F.
Andrews and John II. Reynolds In 1859 he had
married Miss Fanny Anderson, who was the
daughter of John Anderson. the tObacconist. Dur
ing the trial Mrs. Barnard, her husband not being
able to be present attended every public sitting
herself and was attentive listener Toward the
end Of the trial Judge Barnard was brought to
Saratoga, being carried TO and from the cars. His
relatives and most intimate friends had advised
HIN to resign, owing to the excited state Of the
public mind over the corruDtions in the city gov
ernment and not to submit to the uncertainties Of
/ a trial. Judge Barnard az first refused to resign
! declaring that he would light TO the last. Never
theess he did sign his resignation three times dur
ing the trial, taking the ground that the Court OF
| Impeachment was unfair toward hlm, and his
| friend james II. Coleman carried the resignation
each time to Albany, but his counsel OYerrued MS
! determination. expecting a verdict of acquItta
Samuel j. Iilden, II Is said, worked diligently Tor
convection and so strong was the evidence against
! Judge Barnard that he was convicted on most OF
the articles only two senators, Johnson or Seneca
and Lord, Of Monroe, voting against disquallhca-
ton. while at the same Linc tucy 1dNottL HIS re-
moval from Office. The charges OK bribery and
| official corruption were not sustained.
Both ms family and himself felt keenly the dis
grace caused by the verdict. Ills health was so
Shattered by the blow that his friends found II ad
visable to place him on tugDOat where he lay Tor
ten days, breathing the sea Dreezes or the lower pay
/ Mrs Barnard could never shake OF tine depression
IRON which she suffered, and died two years after
ward Judge Barnard hsed retired life aItor his
trial and conyeton no never visited tne nc n wIJ[
! gatherings Of any kind. lie avoided society,
! and the Indifference 20 his Disgrace which
| he sometimes showed was only assumed. when
/ with his most intimate friends he would ire
| aueutly give way 70 OutbuI5ts OF the bltteTest
grief. He claimed that hs only fanit was Ia trust
/ ing prominent counsel who presented eH-parte
papers for him 10 sign. without carefully examining
the papers himself. lie has devoted his tne 10 tho
education Ol his i've children, two daughters and
| three boys between the ages OF hVe ana twenty.
The elder daughter, Mary, Is betrothed TO Senator
! Alfred Wagstaff
| Last JANUARY under the advice of his hysic an,
| DR.. Alfred LOOm.. he visited the Hot springs Of
| Arkansas, symptoms OF Brighvs disease of the KID
| neys having appeared and those waters being
! deemed beneficial Tor that complaint. The disease
reappeared on his return home a few weeks ago,
| and made rapid and alarming headway: has old
! trouble, rheumatic g0ut, comphcatlng his malady
Judge BdrnaTd's readiness IN decisions In Cham
| bers was prOyerblal among the members OF the bar
rs also lls ready VII. IL IL said that be could
! dlspatcn more business IN Chambers than any
| Judge who had preceded him, and nearly as much
as udge DOnOhuc, VINO Is famous Tor his dispatch
| OF Chamber business Barnard had a marked habit
! OF whiting while on the bench, and the court Onl-
| GERS regularly provided him each morning with a
! pine stick for that purpose.
| There was q well-kuOWn character who practised
! in the courts sOme years ago, who was remarkable
! for his stentOrian voice. On one occasion
| TINS lawyer happened to be detained IN Wall
! ST. at the time liked for the trial of OF his
suits and sent hIs Office boy secure a brief ad-
| Journment. When the youth made the application,
Barnard Immediately replied: Oh, it's OF no con-
! sequence Leu him 90 ahead in Wall-st, we VIII
probably hear him herep During the terms of Judges
| Barnard CardOzo and McCunn, which we're con-
| tempOraneous, great abuses grew up ID the award
ing of references 10 young lawyers. Judge Cardo<o
| than, who was hs nephew, and who 10 was shown
| in the investigation of CardOZO's conduct, had