The sun., 1879-04-28

suited you in open court want to tender you
an apology In open court. beg your pardon:
The Tammany Ring was nj the height OF its
power. All the departments, and the most OF
the courts. were under their control Ballot
boxes were stuffed. fraudulent NATURALIZATION
papers issued and an army ofthieves and burg
lars acted as repeaters when elections were To
be controlled. The political chieit!ins. elevated
by their action, stood by them when they got
into trouble. Indictments were pigeon holed
and complaints dismissed nt the bidding OF
ward politicians. From the police court up TO
thu Supreme bench Judges were more or less
influenced by political leaders. Assured OF pro-
tectiou. criminals became bold. On Jan /. lS69,
William Rogers n pcaceable citizen. WIS robbed
and murdered while sweeping the area Of his
house. in Thirteenth street. 4 score OF burg
laries and robheries followed. The police were
haffied. The city was overrun with criminals.
The best citizens were alarmed, and vigilance
committees were formed in Two wards, In tho
height OF the excitement. John Real was brought
to trial before Judge Barnard for the murder OF
Police Officer Smedick. Real was a representa-
tive OF the rough political element in the Twen-
ty-nrst Ward. Smedick had threatened to drive
him out OF the ward. and he retaliated by hiding
behind coal box and shooting the officer as he
cied favors. Barnard WAS regarded as n friend
by the rouRhs They crowded his court room
aRement to the prisoner. The rulings o. tho
Judge were against the interests OF Real,
and his ruffianly friends began to knit
OF vengeance against the witnesses for the
prosecution. Many OF them tremblet with Tear
openly announced their Intention Of rescuing
Real II nm adverse verdict was rendered. The
Judge warned them that 200 policemen were
held in reserve under the City Hall. and was
showered with curses. Day PASSED into night
and the court room was flooded with gaslight
The murderous gang took no recess. At mid
night the jury returned verdict OF guilty. and
Judge Barnard ordered Real To his feet and
sentenced him to death amid the imprecations
the custody Of the Sherrs ofilccrs while
on the way to the City Prison. They were
checkmated. The watchiu Judge ordered the
doors closed. and the rufiians were locked
IN the court room. The prisoner was taken out
through the Judges room. and wis hnlf way
down Centre street before the gang suspected
the ruse. Aware OF the scheme they became
desperate. Pistols were drawn. and Judge
Barnard was threatened with assassination il
the doors were not opened on the instant He
sat on the bench with pale face and Swapping
eyes. gripping revolver. He did not quail
and the doors were not opened until the door
OF the murderer's cell changed upon the heels
OF the prisoner. His action cowed the criminal
classes Real was hanged and the political
atmosphere purified.
About this time on a complaint OF James
Fisk and others against the Union Pacific Rail-
road Company. Judge Barnard made an order
appointing Gen. Vim. NJ Tweed receiver. and di-
rscted him to take possession OF the assets of
the Office. The directors refused To- recognize
the validity OF the Judges order, Their books
and papers were locked in an immense iron
safe. and they refused TO open It. posse OF
deputy shpriffs battered the safe for two days
with hammers and wedges. but failed to reach
its contents. Meantime Oakcs Ames pointed
his finger at James Fisk and cried wolf" In
an instant he captured public sympathy. and on
It's strength in one day ran bill through Con-
gress empowering the Union Pacific directors
to remove their Office TO Boston. This was
done. and Fisk was bafiied. Had young Tweed
succeeded in forcing open the safe. the secrets
OF the Credit Mobilier Ring might have been
made public long before their publication in
The Sun.
Judge Barnard's decisions in the Erie cases
right or wrong. loaded him with obloquy. His
personal intimacy with Fisk and Gould cast
suspicion upon him. and this was not allayed
by his orders and injunctons in other impor-
tant cases. He made famous IN thls country
In 1872 the Judge was impearhed. convicted.
and removed from Office. Nearly all the charges
on which his conviction was based Were for
granting ox parte orders in the Hight OF FISK
and Gould for the control Of the Erie Railway
The law then allowed Judges to grant perma-
nent inJunctions on application without hear
Legislature passed law granting enloined
parties ten days TO show why an injunction
still the practice. Itwas shown before the Court
Of Impeachment at Saratoga that the Erie or
ders were granted on the application OF emf
nent lawyers and that the Judge trusted 70
their integrity and ability, instead OF giving
their papers a careful examination. After the
charges we're preferred and the Investigation
begun the Judges friends urged him 10 resign
on the ground that the public feeling against
poor chance OF .acquittal. He absolutely
declined saying: Il have never stolen nny-
thing and don't see why should ~ Ire resign. b- It
Impeachment, that no taint OF ,Pecuniary cor
ruption was fixed upon him. When the Judg-
Grover said: Il am happy to say, from the
votes we have given. that his hands are un-
stained by bribery. Let il not be said hereafter
OF Judge Barnard that for the purpose OF pri-
vate gain. for filthy lucre. he has consented to
peryert justice; am happy TO bear the further
the trial OF criminal cases we have heard no
complaint against his conduct; that on the trial
rightly discharged the duties Of a Just Judge
according to the best OF his ability. The errors
into which he has fallen are somewhat akin to
Judge Peckham said: Il agree to everything
that has been said in favor OF this respondent
by either OF my brethren"
II was urged in Judge Barnard's behalf on
the trial that he granted the original INJUNCTION
that led 10 the downfall OF the TammRny Ring:
TO the education Of his children, and led re-
tired life. His wife keenly FELT his disgrace.
and sat % and wept by the hour hour over In her hns; nus
died in 1874 OF sorrow. In the presence OF
friends the Judge affected to bear his disgrace
very lightly. but those most intimate with him
knew that his misfortune was gradually wear
ing away his life. He spoke OF his enemies in
the most bitter terms. His nights were sleep
less and he was careful to conceal his extreme
senstiveness. A friend met him soon after his
removal from the bench. He looked pale and
same or some other part OF Switzerland and
pass the summer. l can't do H. the Judge
replied. " / can't bear 10 be pointed at as the
disiranchised Judge from America. You know
| am the only Judge Of the Supreme Court that
was ever disfranchised.'
Judge Barnard never entered the City Hall
after his removal and seldom. If ever. spoke OF
the courts with which he had been identified.
He took trips on pilot boats. and hid himself
from public gaze. He read all the newspapers,
and frequently Aw articles that produced great
depression Of sWrlts
For several years he had been troubled with
attacks OF rheumatic gout. The disease seemed
10 grow upon him. and he suffered from it
during the impeachment trial At Saratoga.
Within the past six or eight months Brights
disease Of the kidneys appeared. Under the
advice OF DR.. Loomis he went To the Hot Snrings
OF Arkansas with his iather-in- aw. He re-
mained there several months, and came home
under the impression that he was cured. The
disease. however, reappeared as stated above.
Judge Barnard was about feet 10 inches
high He had glittering black eyes. n pale face,
and was slender. He wore very large diamond
studs and flashing solitaire ring said 10 have
cost 81 900. He wore shirts with irilled bosoms.
diamond sleeve buttons. gorgeous scarls.
velvet coat. and in the winter n sealskin over
coat In summer time he frequently wore
white beaver. with the fur brushed the wrong
way. He usually carried n cane. and walk up
Broadway after court hours. and attracted much
attention He leaves his family in good circum-
stances.
Many amusing stories are told OF the Judge.
Lawyer Hirsch used 10 argue cases before him.
Hirsch had a voice like bull Of Bashan. One
OF his cases WAS set down for 2 o'clock on
Monday afternoon. While the Judge was dis
posing OF cases in the morning, Hirsch's clerk