Year: 1872

Troy, N. Y, August 10, 1872.


The Court OF Impeachment for the trial of JUS
tice George @. Barnard will reassemble at ten
O'Clock A. M. tomorrow, and there seems little
doubt that It will finish the case during the day.
The Court went into secret session on Friday after.
noon, and was In secret session on Saturday until
three O'Clock r. NJ Up to that time il had voted
on thirty-0ne OF the thirty eight articles OF i'm
peachment. leaving seven articles yet to be acted
upon. On most OF the articles voted upon Justice
Barnard was pronounced guilty, in each case,
by an almost unanimous vote. The articles
of impeachment I'LL law pamphlet of
ffty-three pages, and 1t is not therefore
practicable to telegraph the entire action on each
article, a. each article embraces more than one
charge. The most important articles Of the I'm.
peachment on which Judge Barnard has been pro-
nounced guilty are the third, fourth, nth, sixth,
seventh, twentieth and twenty-nrst On the eighth
article Judge Barnard was pronounced not guilty
by vote Of 35 being all the members of the Court
except Judge Allen who was excused from voting,
because he had been cOunseling the case. From
the votes already taken, and the decided tone OF
the Court, 1t Is morally certain that Justice Bar
nard will be


PUNISHED TO THE FULL EXTENT OF THE LAW
which under the provisions OF the constitution ex-
tends only to removal from Office and disquaifca-
ton to hold and enjoy any Office of honor, trust or
profit under this State. The thoughtful members
of the Court reason If he is guilty enough to be re-
moved as corrupt and bribe-taking Judge, that
he should also be disqualified from holding any
Office of trust profit In the ruture for they say,
that In the rapid changes Of public opinion
in New York, and taking into account tho
singular anomalies Of New York politics, that
Justice Barnard might possibly again be re elected
and again turn up on the bench and react the same
guilty role on which they have now convicted him.
Therefore he will be sentenced to the full penalty
OF disqualification for holding office in the future.


William A. Beach, Judge Barnards main counsel,
left New York on Saturday night, not wishing to
remain for the final catastrophe that awaits his
client. The impression is that he has


OvERwoRKED AND OvERDoNE HIS CASE.


l am told Judge Barnard Is breaking down under
the impending blow His health was affected in
the fore part of the trial. so that for several
days he was unable to attend the sittings
Of the Court. Some Of his friends
affirm that he will not be able to stand up
under the heavy disgrace with which the Court
will assuredy stamp him. No one, however, is
wicked enough to invoke for him the tragic end or
Judge McCunn; for with al his faults Justice Bar
nard Is personally popular of the bench. The fol-
lowing are some Of the main articles on which
Justice Barnard has been pronounced guilty.


ARTICLE THIRD CHARGES


that George G; Barnard, Justice OF the Supreme
in violation Of his oath OF 0ice guilty OF NAL
and corrupt conduct in his said Office, In that act
said Supreme Court, wherein the Erie Railway
Company, James Fisk, Jr., and Justin D. White
were plaintills, and John BENJAMIN Heath and
Others were defendants, on the 2sd of June. 1872
made an er pdrte order directing defendants to alb
solutely refrain from transferring or attempting to
transfer and stock OF the Erie Railway Company
already presented or hereafter to be presented by
defendants OF either OF them. and stamped with
from stamping or permitting to be stamped with
any distinctive stamp any stock OF the Erie Com
pany not already stamped, and nom interfering or
meddling In any manner with any similar stock
OF said company. except under order or Judgment
OF this Court in this action and further enoining
any Of such stamped stock now in custody OF
defendant Harris, or otherwise presented for
aa H.
for transfer, and OF all similar stock presented
for transfer; third that said receiver take posses
sion Of said stock and all moneys paid on account
thereof for stamping The same for the use Of the
Erie Company and its stockholders, and have all
the usual powers of receivers In such cases. fourth,
that the said receiver have power to retain c0un-
sci for his advice and protection and to pay him or
them out OF any moneys or property or the pro-
ceeds thereof coming to his hands as such receivers
fifth, that he have power to bring all actions neces
sary to carry out the objects and purposes OF his
appointment; sixth, that he have and cause to be
transferred to his own name, as such receiver,
on the books OF said company all OF the said stock;
seventh, that the appointment and title Of said
receiver date from the signing OF this order, pro-
vided that his bond as such receiver In the penal
sum OF 100000 conditioned for the faithful per-
formance Of his duties as such receiver, to be APP
proved by this Court or justice thereof be filed
within three days; eighth, that the defendants and
Of them their and each Of
and they hereby are enjoined from neglect
ing or refusing to, deliver and transfer
and property OF which he is SO appointed
receiver, and rom neglecting, or refusing to issue
or e S that the stock
within the said order, OF which the said receiver
obtained possession under 1t, was OF the par and
stock cOmprehended within the said order, OF
which the said receiver did not obtain possession
was OF the par and actual value of many millions
of dollars; more, that the said order was made on
the complaint and an afidavit OF the said James
Fisk, Jr., in the said action that 1t was not made
pIant and affdavit or otherwise to the said JUS
tice that the plaintiffs were the legal or equitable
man was by the said order appointed receiver or
that the said stock did not rightfuy belong to the
said defendants or some Of them, or that any dan.
ger existed that any Judgment which might be
rendered inefrectual II the said stock Was left
IN pdssine and under the control OF the
defendants who claimed to own or represent the
same or that 1t was necessary to appoint receiver
OF the said stock for the due protection OF any law
fll claim OF the plaintiffs In respect to the same
that any legal or suiicent ground existed for max.
ing so much OF the said order as appointed said





him; that the same was not made according to
the due and practice OF the said Court or In
the exercise OF a Just and lawful discretion.
but contrary thereto; that the said Justice made
so much Of the said order as appoints and relates
to receiver contrary to law, with wifu and
corrupt partlality towards James Fisk, Jr., Jay
Gould and others, who were then directors OF the
said Erie Railway Company, with wllnil and cor.
rupt intent, contrary to law, to deprive the said
defendants or some Of them of the possession and
enjoyment Of the said stock owned or represented
by them, and to prevent them from exercising
their lawful right to vote on the said
stock at elections to be held pursuant
to law for directors OF the said company TO the
great injury OF the defendants so owning or repre-.
senting the said stock, and to the great scandal
and reproach OF the said Court and of the justice Of
the state of New York.


On this article every member OF the Court voted
guilty-thirty-six.


ARTICLE FOURTH


relates to the action Of Justice Barnard In the suit