The New York Herald Newspaper, May 3, 1872, Page 5

a *deeneeeseseeeetasiiceers RS RETRIB Seen Ste Se Judges Barnard and Cardozo Im- Exciting and Seene In Tateresting the Assembly. THE CROWNING GLORY OF REFORM. pe cabnee Eloquent Arraignment of the Corrupt Judges. Ba rte PATHETIC APPEAL OF MR. PRINC Sf ee Abortive Effort to Mave Barnard Removed by Concurreit Resolution. The Vote for Impeachment 93 to 16. Action in Judge McCunn’s Case Deferred for the Present. ALBANY, May 2, 1872. Whatever sins this so-called reform Legislature may have to answer for, it must be safd in view of the vote of the lower Rouse to-day that there 4s honor enongh left to set the seal of condemnation on anything aud everything looking like corrup- tion on tho bench, The fact that inasmuch as the Judiciary is vested with complete control ever the rights and libertics of the people, and that therefore tt should be free from all int proper influence, was fully recognized tn the able Speeches that were made in tho Assombly and in the action of a very large majority of the members. The report of the Judiciary Com- mittee, published in the Henaup to-day, re- cominended the impeachment of Judge Car- dozo and Jwige Barnard. In the case of Judge McCunn, the recommendation has been reevived that noaciion be taken until the evidence shall have been more carefully considered pending the proceedings for impeachment. resignation was yesterday morning filed in the office of the Secretary of State, and ft would seem from the iact passed over this morning that those to whom the prosecution of the matter has ‘been commiticd considered the desired result with reference to Cardozo practically accomplished, and that his in- tended impeachment will be abandoned, ‘This is 4 question, however, which has not yet been sinally determined. JUDGE OARDOZO’S CAS APPARENTLY | OLFAR. Notwithstanding the fact that he has sent in his resignation, an effort may yet be made to go on with the proceedings for his impeachment. It is Sonceded that the case is clear against him, and there is a conviction in the minds of many members that his having ten- @ered his resignation should not be allowed © shield him from that formal condemnation, which, it is believed, is essential to satisiy the aemands of justice. The report of the Judiciary Committee, with the appended resolutions recommending the impeach- ment of both Judge Cardozo and Judge Barnard, ‘was the special order to-day in the Assembly imme- @iately after the reading of the journal. There ‘was a large attendance of members and spectators and a great deal of interest shown in the procced- ings. When the special order was announced Mr. Prince, chairman of the Judiciary Committee, opened the debate ina brief but effective speech, setting forth the importance and neccasity of peaehiment, RESOLUTION IMPEACHING JUDGE BATNATD. The following is the recommendation of the wa- fority of the committee with reference to Judge Barnard :— In the case of George G. Barnard, a Justice of the Supreme Court, the Committee on the Judiciary, believing that the evidence adduced before them contains sufticient to make it proper that said Jus- tice should be placed on trial before the Court of Impeachment, respectfully recommend the adop- tion of a resolution to that effect :— Resolved, That George G. Barnard, a Justice of th Bupreme Court in this State, be, and hereby fy, impeached for mal and corrupt conduct in oflice. William W. Niles, 0. P. Vedder, Albert L. Hayes, Robert H. Strahan, David B. Hill, We deem it just to state that by the term “cor- fupt’ in the above resolution we do not mean pecuniary corruption. THE SAME WORDS BUT SOFTER. The minority of the committee, who were also in favor of impeachment and who differed from the other members only in the form of the resolutio: recommended the following as a substitute, belie ing it to be more regular and perfect :— The following members of the committee dissent from the above report so far as it relates to the form of the resolution, and recommend the adop- tion of the following form of resolution jor the pur- pose of said impeachinent:— Resolved, That George G. Barnard, a Jnstice of the Sn- preme Court in this State, be aud le hereby ts impeached, jor mal and corrupt conduct in office, and jor high erines and misd NOLS. L. Bradford Prince, F. W. mer, 8. J. Tilden. THE CROWNING WORK OF REFORM—PRINCE’S SPEECH, Passing over altogether the case of Judge Car- dozo, Mr. Princo, who, though he signed the minor- ‘obey, Charles A. Flam- Judge Barnard for mal aud corrupt conduct iu oMce and for high crimes and miademeanors, moved the adoption of the majority resolution, which ditrers only in phraseology from the other, and recommends his impeachment for “mal and corrupt conduct in oilice,” omitting the additional and formal phrase, “and for high crimes and mis- demeanors.” Mr. Prince suid the proceedings which now came before the House would constl- tute an epoch in thé history of the State and of the nation. This wonld be the crown- tng work of reform which this Legislature was sent here to effect. A year ago there was a power in New York which seemed to reign with well nigh “supreme rule.” It controlled not only the heads of the various departments, but even the ju- diciary itself, An uprising of a great people, com- ing with the force of an avalanche, overthrew THE GREAT, CORRUPT OLIGARCHY. and made an end of its glant power forever. In order to perfect and make certain the trinmpn which the people achieved lust fall, the judi- clary, which had susteined the reign of mis rule and corraption, must be purged, the bar Association of New York took the juiva- tive steps, and the Logisiature is now called upon to carry to a successful concinsion their Jucge Cardozo's | that his case was | UTION.| | before te House, | pire State, ity resolution, recommending the impeachment of ; NEW YORK #ERALD, FRIDAY, MAY 3, 1872—TRIPLE S testimony of a few of the witnesses to shaw the unfortunate effect which the action of the law Courts in New York had upon important branches of business at home aud abroad. FAYING TO KEEP OUT OF SCRAPES. He quoted part of the testimony of Oakes Ames, former President of the Union Paciffe Railroad Company, Who, in reply to the question what were the motives inducing the company to remove its offices front New York to Boston, answereds— “We had injanetions served upon us to prevent the election of oficers, and suits bronght against ud we thought, to put us in the nds of @ receiver, and hud to pay snins of wioney to Keep ont of those scrapes, We feund hat we could uot carry on our business in New ‘ out being driven into Insolvency er into w the hance he ha of ® receiver, 1 used my ipduence at Washington; - was a member of Congress at that time; f£ went there to get a bill passed to remove our offices from New Yorks in that bill we were authorized to have our ofices cither in New York, Philadelphia, Washington or Boston, and I don't know but some other point; we got the law passed, with a great deal of OVPOSITION FROM JAMES ¥I8K, or his ageuts; we moved our ofices to Boston; we were forecd to do it against, as we considered, the best intevesis of the company, because we consid- New York the tiost commanding place, and large sums of money and desired to ‘atc largely, and we could do it better here than ston; but the courts and judiciary were in on | such positions that we could not stay here.’ Q, ly speaking of the Courts and Judiciary of this city, whose action had been such as to Induce the company to remove its ofice from this city, do you reier te any particu Court? A, Well, Judge Bar- nard, 1 think, issued most of the injanctions—Bar- nard aud Cardozo: 1 believe they got one injunc- tion from Judge MeCann, z Tie also quoted the testimony of Horace F. Clark, President of the Union Pacific Railroad Company, to the same eifect. With reference to ‘a discussion among the directors of the Western Unioa Tele- graph Company as to the expediency of providing for the removal of the general ofice of the com- pany from New York city he sald, “Mr. William Orton, the President of the company, testified :-— PRACTICAL HID sation was made by some one that it prudent forthe managers of the com- ke some provision for a contin. xeucy, when for the company’s interest it till’ be deemed gavisable to remove the head- quarters ont of the city of New York. Q What contingene: spoken of? A. F think it Was the posslbilily of proceedings against (he company that miaht be deemeu prejudicial to the sts of the Kholders, Proceedings of what kind? A. Legal pro- ceedings, Q. Was there any mentioned t A. L do not re- member that ite proceedings Were cousid- ered or disc! . «. And for the protection of the company, in y wis ip thought it might be neces: the headquarters of the com. pony ® is my impression that it was such a contingency as the appointment of a receiver of the property of the ceinpany; on the subject of the goneral sense of insecurity in commerctal and financial circles; on recount of administration of justice in New York, and its effect upon the investincnt of forcign capital in American securities, . MR. GEORGE OPDYKE Who ia largely engaged in cominercial bust testified:—In our negotiations abroad we have ried them in Germany mainly, some tn Fr have made efforts In Gread Britain, We have found the feeling in regard to the judiciary in this State, as we generally term it—referring, it is presumed, more especially tothe ciiy—« feeling of insecurity In regard to the actions of the courts in this city, has prevented us in sev- evabeases from consummating negotiations, and the feeling is felt, but in a much less degree, in Ger- many. Also, in reply to questions as to how which prevails in respe “4 courts, wad the Supren ¢ Interests of the « of the country, .. MR, JOON T. JOHNSON, President of the’ Central Railroad of New Jersey, said the feeling of insecurity with regard to the courts, and the feeling that justice may be bougiit and sold jike any other commodity, induces a gen- eral feeling of distrust and teuds very strongly to weaken the valine of securities; it makes also a general disposition, as far as possible, to keep corporations in particular beyond the reach of courts that it is wr Logg may be influenced. And Royal Phelps testified that there is o prevailing opinion in the city of New York that some of the courts are not ag honestly ad- ministered as they should be; that the names of Judge Barnard and Judge Cardozo were very conspicuous in that connection, and that, the action of those Judges has produced fectings of distrust in respect to the interests of corporations and individuals in New York, as well as affected in- jariously American interests abroad. SAORED PURITY OF THE ERMINE. After alluding briefy to the law of impeachment in the vavious States of the Union, and citing seve- Tal instances of impeachment in Great Britain, Mr, Prince said there were ten times more impeach. the opinion fon of the © Court in particular, airets aud the monetary interests able offences’ in this case of Judge Bar- nard than In any of the cases he had mentioned. Hence he asked of the House in favor of the resolation for impeachment, | not a vote of the majority merely, but such a vote ay would stamp the seal of Just condemnation upon anything that invades the bench and touches the judicial ermine to sully its sacred purity, I ask — this, he said, in the name of the Bar of the State, who, speaking through the largest organized association, Hirst institated these proceedings; of Wat Bar which has been forced to suffer from the partiality and tyranny of a corrupt bench, or, in order to gain its | favor, to cringe before it, or lose its brightest Task it in the namo moral jowel—its self-respect. of Bench, of the true, diciary of our State and of th name has been injured, whose dignity hi impatred, Whose pure ermine has been suliied and dragged in the dust by those who have : DIGRACED THEIR HIGH POSITIONS, and whose notorious words and deeds have brought, discredit and dishonor on the very name of a Task it in the name of the Legisiature of fry whose just and salutary laws ha been disregarded and rendered of no effect by those who were elected | to jndietal psitions for the: enforcement. 1 ask it in t ess men of New York city, Whose interests have been jeopardized, whose property has been depreciated, whose affairs have been rendered unsafe and inseeure hy the course of so-called justice in their midst, and who fory have lived in continual fear of the injune- tion or the re Task it in the name of TE WHOL OPLE OF THE METROPOLIS, to whom justice has been a mockery, to whom the name of a court has been synonymous with par- tinlity and oppression, rather than equity and pro- tection, and who, hoping against hope, from year to year, for the removal of this tyranny, vow look to you and put their trust in your justice, your integrity and your firmness, Lastly, [ ask it it in the name of the people of this great En- throughont its whole length and breadth, who, though removed from the immediate seene of tho misconduct of these men, yet feel disvraced that they have held scats on the Supreme Bench of the State of New York, in whose nostrils their names and the rh, and whose good your decision to-day. For the or that justice ‘Which they have offen desired, of that equily to they have been strangers, of that reform to whieh they have been bitterest enemies and of which you are the chosen representatives, I ask your voices at this time, that ‘ge G. Barnard be impeached as unworthy the high position he occupies, by the adoption of the resolution ef the commitlee, Mr. TILDEN said that this investigation was in- stituted at # period when there was a general, pro- found and widespread dissatisfaction and alarm in rd to the administration of justices in the State, particularly in the First’ Judiclary district. Judi Tuvestigating Commit it IT have been an humble meni testimony a long time in N ity the charges made against The Judges were allowed to be the testimony thoy de- The results are embodied in the papers laid The most conspicuous evils in This whieh ceived York sired. | the administration of justice fn the city of New labors. Already good fruit has resulted from the | action taken, while the judiciary report was about to be signed, one of the corrupt Judges had sen to the Secretary of State his resignation. The Assembly, he said, sits today a8 @ great Grand Jury, and had itin their power to purify the judictal atmosphere for all time to come. IMPEACHMENTS MAD BEEN RARB in the history of the State; ouly two are recorded. Never before was aJadge of the Supreme Court presented to the Legislature for trial. It was a matter of peculiar solemnity to attack the record of a member of the judiciary; 4 to be impeached for a total want of justice, and for corrupt and maladministration of his office. It is especially infamous that a man who should have ween to it that there was perfect security for all citizens, so conducted himself to cause all classes and all business operations to fee} most insecure, Mr, Prince then referred ta the Yesterday, at hail-past nine o'clock, | | 1 execution, harass Judge sworn to see that justice was done Is himself | _— York Wout of Violations Of statutory aml cus- tommry law; VIOLATIONS OF DUTY AND ABUSES OF JUDICIAL DIS CMEETION | 11 vecelverships anid th a granting injunetions )- erules of law in regard to pointing referce wranting of injun sany other rales of law, on is # preventive and never was granted past, except in a case where an injury would ta place to one of the parties which could not be remedied at the time of hearing. parte injunctions Were not granted except where the case Was so emergent that there was not tine enough to give even a preliminary hearing to the side and where the case was very clear. We never heard of those troubles about injunctions in the days of Chancellor Walworth, Who- ever heard, fa any country where equity juriapradence has been administered according to law, that the injunction, instead of being ya venlative, protective measure to keep them from harm watil the Court contd hear the case, was thent perlaps to sae anextent that they could not wait for a hearing, bat were compelicd to settle or compromise, or do anything to prevent this G ISB OF THE JUDICIAL. POWFR, 1, in any civilized community that ne governed by laws, of judges tuelr own arbitrary personal will jn the of these great, high and tr cendent powers of the High Court of Chancery? ‘The abuses toat grew out here, a few years ago, of This subject, were £x | | 4 desire auch as to appall the public mind im the city of New Yor No tnav, perhaps, ts more extensively conversant with the bar or the busi- ness men of New York city and other parts of the United States than myselt in the last fifteen or twenty years. An alarm went from that centre to the remotest bound of the Union, No man | felt. safe in personal or property — rights against these abuses of judicial — power— T should have said violations law; often viola- tions of statute, always violations of the eustomary Tules of law, that are as binding on the conscience and actions ef a judge as though they were em- bodied in the statute. I know that in’ the period when these things were the most rife—in 1669— that there was general sentiment running through the minds of the business men of New York, and of other parts of the country who came there to do business. I Know there was a general panic, that we were onthe eve of a withdrawal of that species of busivess from the metropolis of this country, because the aduifnistration of justice was one in which life and Property was unsafe, In 1869 I portrayed to His Excellency the Governor the — consequences of the adivinistration of justice as it existed at that time, We will al! remember that in his Ex- eclleney’s Mesaage, in the January following, he remarke.l that the abuses in THE GRANTING OF INJUNCTIONS AND RECFIVERSHIPS: ez parte, had become such that it would be a@ less evil’ to dispense with the process entirely. There is no doubt that we stand in a period ef our country where there is great and general demoralization, There is no doubt that our Laos meg ae system has serious defects in its structure, but we could get along with it for the time if we could rely upon the personnel that constitutes our judiciary, I have deliberate! made up my mind on the best reflections that could give to this subject for several years past, that no legislation, no change in our constitution, that no incasare that can b° adopted by the wit of man, will avail unless you purify your judiciary. ‘This case under consideration brisles with the violations of law—often of — statnte, very often of those rules of law that are just as binding on the consciences and actions of a judge, ‘There 19 more Impeachable matter in this testhmon than is contained ta the whole ht cases in which judicial oMcers have been impeached in the United States that have got into books. There are more Violations of law, Ino AMTISeS OP TRNsT in this testimony thao in all those eight cases tn whieh there were four convictions and four acquit- tus. In addition to the abuses of discretionary au- | thority, a now idea, novel in our jurisprudence of this Site, has come largely in the ascendaney in nds of certain judges, and that is to deal With this great diser ‘lonary power as you would with the lowest and mot sur forms of political patronage. A juihze that adm! age tnte his mand as an elem c corrupt, ‘Tho constitution of 1848 was so jealous and go al rrent of anything ta the nature of the uxe of patronage (hat it solemnly forbids the judges the Supreme Court to be vested with auy power of | appointment. AN There ls INDUCEMENT 'T0 APPOINT RECEIVERS AND REP- EREES of patronage. Then follow allowances and the property of the litigant is jaw and divided between the lis corrupt friends and de- to counsel, ed on without apt judge and ‘s. vis no Instanc 1 In the history of a etvilized commnnity in which evils of this nature were rowing to be 80 uNeudurable as. they were nthe elty of New York, The powerful and the wealthy can take care of themseives; but in th general loosening of the bonds of society, a gene aisrespect. of law in judicial places, where is the poor man to go for succor? Who will protect and defend him in the days of his adversity? In the case of Judge Bernard there Is no instance 1p judielal history of a. man so reckless on the be of tho rules of law, both statutory and customs Even when he had no particular motive to do wroug he seemed to consider that he hada right to do | just as he pleased. Sir, T thank God that I have lived, or at least thought I lived, under a government where [ and other men could ascertain what the rules of law we and, When so ascertained, insist on their enforeoment by the Indges, A condition of things has existed in New York city in which the Judge from the bene akes & rule of law that governs in that partientar ease, It has been a condition of tyranny which uo | free government, no ¢ivilized comn ity, ought to endure. Another eyil growing out of this slate of | thiugs will be the DEMORALIZATION OF THE BAR. 5 It Is not very long ago when our courts were cited with distinction and honor jn the courts of the United States and foreign countries whe our language is spoken, Tt was butafew days ago that a distinguished judge of _ this State told me that he was on a visit to Pennsylvania, where there was a ‘festival, aud they toasted the Judiciary of the State of New York, and he felt humiliated at being called npon to r spond, Jn foreign countries where our language is spoken, wherever there is business enough to it duce a transiation of our language, in Europe—in France in Germany—their literature is imbued witha disparagement of the judiciary of the State of New York. Some of these papeis have been translated within the year past from foreign oy bom The arguments in many cases addressed to downtrodden masses of Europe against free gov- rninent were the abuses and corruptions of the New York judictary. Sir, ifon examination [ could find that these men were innocent of having Siren cause for this impeachment; if they had been ultiess in their ofiecs, or if by an investigation they could be acquitted, so as to be rendered fit to perform the functions of their ofces—nseiul to the community whieh is responsible therefor—I would inyself join in standing against the flery tide which overwhelms them. Mr. Nines said it was a fundamental principle of his life that every word should be used wisely, He Soom there was very little needed to be said on the present occasion, Months ago there had come up a great cry to this House to purify the bench of New York. A committee had been formed who had labored Jong and patiently with the investigation committed tothem, ‘That committee had remained, as far a8 possibie, calm, just and unexcited in the Sectares of their im- portant duties, They cawe to this House with a report concurred in by republicans and democrats alike, so that THE CHARGE OF “PARTISAN M could not be mar tiously done thelr duty, the committee si ul the result of their labors to the House, confident that the action taken would be for the best interest of New York. Mr. D, B. Hi. said he did not propose to make any extended remarks un he was confronted with | sone Opposition to the majority report. He signed port becanse he was convinced Jndge Barnard not appreciate the dignity of his sitio ‘There was no proof that the Judge had becn int enced by any corruption of a pecuniary nature, but there was ruption that was not pecuniary, and hence he had signed the brine report. Mr. FLAMMER Said—This is to me a painful hour; painful that Icontemplate a part of the jndiciary of our State fallen into disgrace and infamy; painful that several of the highest officers of the Empire State should have the cloak of doubt and dishonor cast about them; painful that the families of the aceused should be plunged Into bereavement and humiliation. Duty, however, faces me. It is straight in my path; Fcannot step either to right or left without violating my obligations and the oath LICR” that I took at the ening of the No one wonid have with = gre sure than J, would the testimony have the judiciary five groundicss; that they should have and cagtinue to have the fullest and the most enti widence in the world. But the result is otherwise, The committee are of but one | opinion ‘in reference to this matt I doubt not dnt that thetr report will nnanimonsly be sustained. 1 will not rehea the proceedings before the committee. I will not recite t abors or tonch on the has already been sufiiciently Flammer then proceeded at’ length to speak of the form of the resolutions — recom- mended, He eapecially explained the mean- ing of the word “corrupt,” and gave its gener: meaning in its connection with official conduct » hoped the resolution which would be adopted full, so that the people might not be limited in their evidence, and concluded by seying that should the result warrant tt the acquittal of the judges would be complete and triumphant. Mr. Vedaer said:—We are engaged in the grand- est of all human Jabors, and we should rise to the dignity and sublimity of the occasion. We bring George G. Barnard, a Justice of the Supreme Court, to the bar of the people, and ARRAIGN HIM IN THE NAME OF THE PROPLE for mal and corrupt conduct in ofice, of which, in the name of Justice and of God, T believe him guiity. | But while I say this T do have the courage, In tl presenee, to say that there is much in his character to admire and many things in his jadicial cours that we migit pardon, by reason of the evil times into which he had fallen. Possessing a warm | and generous nature, a pre-eminently bright intel lect, that no subject, however intricat nh cloud, with a conrage that nothing can dauut, that | in the contemplation thereof I am co strained to say that “tl world has sel. dom witnessed the agonies of such a spirit or the degradation of such a name, Gould he ri eeive Instruction from this memorable teaching, from this mighty lesson, there would appear a new orb in the judicial and intellectual firmament in whose morning splendor and meridian glory we all might receive a purer light. Yet, notwithstanding all this, land you, gentlemen, are charged with th performance of a solemn duty, and from its conse- uence, however painful, we must not shrink. am sorry that the gentleman fiom New York has mentioned the name of party in sucn proceedings as this. [ rise above it. We should all rise above it; beneath a purer air exists, at least during their continuance in a more elevated sphere. Let us imitate the goddess that surmounts the dome of the Capitol, and be voiceless and (aightless as to every issue except the gullt or innocence of the party arraigned. THE QUESTION OF PARTY ought not to be invoked as our guide in this in- quest. The banner of neither the House of Lancas- ter nor York must be carried nor its standard ad- vanced. We must be men of impartiality, moved by conviction of duty and guided b duty, Let us do our duty here at this time, the resolution is adopted, as I belleve it ought and will be, and leave the unfortunate Judge to the dis- position of the High Court of ment. I desire that the fabric gov- ernment wherein liberty had its first and lodgment, our grandest realization should. ‘This can only be done by the elevation ofits people and pore administration of its law. to see Hie and property secure. warranted ft, reported that the charges against | 4 Mberty advanced, the bounds of human free- dom enlarged, the administration of government in all its departments parified, and justice, with all its heavenly attributes, tempered with mercy, over- spread us all like a benediction, gathering wisdom from eee ) Fecelving instructions by the present, and, with “malice towards none,” let us, in the spirit of a dignitied and exaited Manhood move onward to the grand consumma- tion of our labors with dispassionate consideration, with a faith iu the justness of our cause that nothing can shake, and under the ilumination of human Hghts that shine like stars let us advance, SPEECH OF MR. FIFUDS, Mr. Freups then obtained the floor, and appeared ‘as the only open defender of Judge Barn: ugamst peachment. He regretted that his health would not permit him to make any extended remarks, The gentleman from Queens—Mr. Prince—he said, had spoken for forty minutes, and had pimped no evidence to sustain the impeachment, he gentlemen whose testimony Mr. Prince quoted were mostly these who had been disappointed in certain schemes. Mr, Glelds then commented on the evidence of Royal Phelps and George Op- dyke, and preceeded to say a. Judge coutt not be impeached for exercising Jndicial discretion, Mr, Tilden had not eutered into the merits of the case, Probably because he expected to ‘be appointed one of the managers of the impeach- ment. ‘The old times to which Mr, 'Til- den alluded were not free from criticism. Vhe Chancellors appointed their sons and other near relatives as clerks; there was as much fairness to talk of patronage under the old system of Can rucenae as under the new. Mr. Tilden sald that A CORRUPT BENCH MADE A CORRUPT BAR. Granting that it was so then why was the Bar Asso- ciztion of New York pressing these charges against the Judges—probably on the ground that it takes A THIEF TO CATO A THIER there had been an attempt to prejadice the one ie but there had been no fair presentation of it. had heard what the people of the State had pected, but the facts of the case had not been spread before the House by any of the ies of the morning. ‘The Judge whom it was 4 to impeach had been sustained in most decisions by the court of last resort— ought not to be lost sight of, If this Judge has misconstrued the law and violated Justice it could be ele: made to appear. It had not been made to appear, There would be no opposition from those against whom charges were made to a specdy trial of the case, Judge Barnard was not a vicious man, He thought no man would so designate him, THE POLICY OF THE LAW was that intent was the matter to be considered In making up a verdi The ruling motives that had influenced the Judge who was sought to be perched were not worthy of unmitigated censure, fe was nota bad and selfish mu late years the Barand the Bench had grown very familiar, and the ult had been unfortunate, A judge usec to be looked upon with awe, but itis not so under our modern civilization. Mr, Fields then proceeded propos of his & fact that to pledge the honor of the minority, having been authorized to do #9, that they would support a concurrent resolution for the removal of Tudg consent ment, Varnard if the majority would instead of Rang impeach. course there ould be a ly conctusion of these procedings—one which d Would be sats! he people of the State, and which would prevent disgrace of having a Judge of the Supreme Court brought before a high court of impeachment to an- awor to the charge of corrupt conduct and high crimes and misdemeanors, He concluded with AN APPEAL FOR CL Ys on the gronndot the disgrace impeachment would occasion to the Judges’ family and kindred, At the conclusion of Mr, Field's rema Mr. Alvord said, that uniess some member desired to speak against the resolution he word move the previous ques- No other member rising he then moved t tion, and the resolution of the ma- Judiciary Committee, recommending ntof Judge Barnard “for mal and in ofice,” was adopted by a vote of follows :— srs. Abbott, Alberger, Ballz, i @ pt cou 93 to 14, Yras—) I. Hh. Babe Buekley, Dyknuin, I Alvord, D. 1. Babeork, vkwith, Bennett, Ber Chamberlain, Crandial, , Ford, Fort, Greenhalgh, ik 08, ‘ » Ton; sland, Knapp, 1 Lyne, Mur: onnedy, Kilian, Kiv pit, GP Lord, M mn, Kose, Siniley, * th, hipe: Snyder, Sprh Swain, "Tilden Tobey, D. Tomikin Twoubly, AL. Val Dusen, ¥ Wells, West, Whitheek, White, Whitt ward, Wyman—. Navs—Aitken, Blair, Campbell, ¢ man, Dunphy, Fields, Haughton, Moseley, Mosher, Oakley, Rt Spr Tompkins, ueker, n Dusen, Vedder, Ker, Wiley, Wood nas, E, » Davidson, Graham, Hw shran, Osgood, Rice, Ray, 1 mans, THE RESOLUTION OF IMPEACHMENT. Mr. PRINCE now olfered the following resolu- tion :— Resolved, That a commiltec of three he appointe the Speaker to go to the Senate, and at the bar thereof eof the Assembly, and of all the peop tate of New York, to im Justice of the "Supreme Court of mal and corrupt conduct and acquaint th 1 ice, he Senate that the Assembly will in dud rtienlar articl the committee for the appear: ald George G. Barnard to answer to Tho regolution was adopted, and the Speaker ap- pointed Messrs. Prince, Niles and D, B, Hill as the committee, ei VEDDER then offered the following resolu- jon — Resolved, That a sel poluted to’ prepare and + committee of three be ap- t articles of impeachment ayainst George hard, a Justice of the Sup: Court. 'The resolution was also adopted, and the com. mit appoint the Speaker consisted of Messrs, Vede ce and Tilden. The cou made its appear IN THE SENATR CHAMBER abont two o’ciock and was announced by the Ser- cant-at-Arms, A dead silen - per asthe three Assemblymen walked slowly half way up the middle aisle, and every voir was hushed as Mr. Prince addressed himself to the Presi- dent, as follows :— Mr, PRESIDENT—We appear as a committce of the Assembly of this State, appointed to come to the nate and at the bar thereof, in the name of the ssembly and of ail the people of the State of New York, to impeach George G. Barnard, a Justice of the Supreme Court of the nauet in ofice, and acquaint the Senate that the Assembly will in due time exhibit particular articles of impeachment against him and make good the same; and to demand that the Senate take order for the appearance of said George Barnard to auswer to said impeachment. When this formal announcement had been made, the President replied that he would give the Senate due notice in accordance with the directions of the committee. The latter then retired and the Presi- dent formally notified the Senate of the action and nd of the Assembly, remarking that there no necessity for the Senate taking any jon at present, as the proceedings were merely reliminary, the articles of impeachment having not yet been drawn up. AT THR EVENING SESSION OF TT Mr. Prince, on SSEMBLY half of tie commitice appointed it the Senate, made the following announce- SPRAKER—In obedience to the order of the we proceeded to the bar of the Senate, and, name of this body and the people and of the State of we impeached, aa we were dir do, George G. Barnard, a Justice of the Supreme Court of this State, of mal and corrupt con- duct in office, and acquainted the Senate that the Senate would in due tine exhibit particular ar- ticlesofiinpeachmeut against him and make good the same, and we demanded that the Senate should take order for the appearance of the said George G. Bar- nard to answer to said impeachment, to which the | response was that the message would be duly com- municated to the Senate, and that that body would take «tue order thereon at the proper time. THE HONORED DEAD, Preparing for Decoration Day—The Meeting To-Night at the Cooper Insti- tute. ‘The great soldiers’ meeting in aid of the fund to procure monuments to General Thomas and the four thousand Union dead in Cypress Hills Cemetery will take place In Cooper Enion this evening. The ob- | Ject is one which of itself will appeal to every citi- zen, and the progr: ‘amme is 80 attractive that it will ubtless call ont very large audience ting to order, 1 Hooker. Ling of revolutions, letters, &e., by the secretary, F. 1, Miltara) hd the Memoriam Glee nd it B tewart L, Woodtord, Millard), Memoriam Glee Judson Kilpatrick. National airs by the band. An opportunity will be afforded at this meeting for thoxe who have not forgotten the self-denying labors of those who fought and bied for the Union and still keep tenderly the memory of those who died to show their appreciation of true patriotism. The meeting will be largely attended, “REV. DR. HUSTON. The Charch Committee Prepared to Try the Doctor on the Charges Preferred Against Him BaLtIMoR®, Md., May 2, 1872, Rev. Mr. Rogers, the Presiding Elder of the Baltl- more Methodist Episcopal Cireuit, has completed the preliminary examination of the charges against Rey. Dr. L. D. Huston, and yesterday forwarded a copy of the formal indictment to Dr. Huston, at Cincinnati, with the request that he would inform the Presiding Elder when he (Iuston) will be ready for trial. ‘The committee to try the case has been appointed, and the trial will be roceeded With as soon an De, Huston is ready, ie eho achinent against ate, of mal and corrupt | HEET. THE COURTS. | The Whiskey Ring Indietments—Allegod Smug- gling of Silk Goods—Assault on the High Seas—Non-Payment of Officials in the United States Courts—The Broadway Widening Case—Children’s Aid Society in Court—Decisions. | UINTED STATES CIRCUIT COURT. The Whiskey Ring Indictments—Motion To Ke Made to Set Them Aside, Ttis understood that on the opening of the Cir- eult Court a motion wilt be made to quash the in- cictments, Including those in relation to the whis- key ring, found by the Grand Jury during their recent session. The ground of the motion will be that the present system of selecting grand and petit jurors ts tlegal; that they have hitherto been discrimmatingly taken from the “New York Diree- tory,” aclections of names having been made out of that work with a view to secure a respectable class of jurors. While this procecding appears to h been highly proper and governed by the best inten- tions, yet lawyers claiin that the system is ille- gal and that the names of the jurors should have | been taken without any effort at selection, UNITED STATES COMMISSIONERS’ count. Charge of Smuggling Silk Goods. Before Commissioner shields, The United States vs. Patrick Kane.—The defena- ant was charged with having received a quantity of silk umbrellas and silks, which were supposed to have been stauggled frem England on board one of the European steamers. Mr. De Kay appeared for the prosecution, and Mr, Rollins for the defence. It was alleged that the goods wero taken from the steamer by Kane, and placed on board a barge by him, They were found there by one of the Harbor Police, who had &® conversation | with Kane, Kane said the goods did not belong to him; that he had not brought the stufthere;and Kane then rewed the oMeer and | the goods in hig boat down to tie police boat, Kane | asked if he would be pald for this service, and the | oficer sald he thonght he would, Samuel Bare a Custom Honse inspector, deposed the after the seizure he went down to th to see what the stuir amounte to him that it was four or five poli Kane a a of siTk not say that he had seen the silk. De Kay said that he had two witnesses to prove th they saw the defendant remove the goods irom the steamer; but he could not get them to be ta attendance without a great deal of tronble et without their evidence he thought he had ay a prima facie case, By the law, if goods are brought into the United States without paying duties the possessor of them was bound to show how he came by them. Th this case they ¥ put on board the barge in a s®uspicious manne: 2 of having been regularly entered at the Cus- om House. Mr, Rollins was about making an argu. it on the law of the case for the defen When ‘ommissioner intimated that, before hearing the any argument, he would like the govermnent to close their case, ‘The examination was then adjourned to Saturday (to-morrow). Alleged Assault Upon Colored Sallors— The British Consul and His Duties. Yesterday four colored sailors, one of whom is named Thomas Foster, appeared before Commis: | sioner Shields and made a complaint to him to the | following eff roster, with his companions, | sailed from Cardi, Wales, in the English Henry Pelham, laden with railroad tron, for New York. On the voyage the mate, whoso name is | Grant, according to the ‘ement of Foster, com- menced to heat the men in a cruel manner, and on the 17th of April struck Foster on the head withan | iron beinying pin, intieting a severe wound, When the sailors arrived in New York they went be- fore the British Consul and. represented their case to that gentleman, who tuld them he | could not do anything in the — matter. | This is the allegation’ of the sailors, The Comms- sioner informed them that he could not interfere, a8 the vessel did not belong to the United States. The British Consul was ti Foster—Hnt w he cannot do anything for us. Are men to be 3 t murdered without getting redress * Gan ne the | mate for the assault and battery he has inflicted | upon me ? ‘The Commissioner—If your statement be correct you can sue him in the Marine Court. Foster, with his companions, then left the Court. He states that he did not disobey the lawful orders of the mate, and gave 80 faras he knows, no | provocation for the bad treatunent he alleges he las received at his hands. Claims in the Marshal's Office Against the United States, Within the last few days received several letters from gentlemen who had served as jurors, demunding to know why they have not been paid the legal compensation for t services, ‘The Marshal's reply to these demands is | that he has no Junds at his disposal for that pur- | pose, and that, therefore, he is not in a position to stealing, on the prosecution was a venerabi ¢ | Julla Holmes, whom When he asked her questions about the coat she said she saw Zabriskie with it ashe passed from the Major's a Marshal Sharpe has | indictment against Car! Voght, alias Joseph Stapp, charged with the larceny of foreign sccurities, said to be the proceeds of a theft committed near Brussels. accused 18 also suspected of murder- ing the owner of the bouds, in whose chateau he wus employed, Lareentes. George Nolan, alias Charles Nolan, pleaded gnilty to an attempt at larceny, the charge being that he stole a gold watch and chain on the 26th of March | from the person of Louis Reinan, wiiie viding upon anavenue A cir. He was sent to the State Prison for two years and six mouths, Amos N. Sawyer, who on the sth inst. obtained felonious possession of a gold and diamond brace- Jet, vained at $200, the property of Edward, Haid, pleaded guilty to an attempt at grand larceny. Joln Farrell pleaded guilty toan attempt at bar- plary, be having in company with an accomplice broke into a feed store corner of Forty-cixth street and Eighth a ‘Those prison six Months, ule, rs were sent to the Penitentiary for Acquittals, was tried upon a charge of 2ud of Mareh, @ coat and a silver watch from Major Bryant, The respective parties were colored men, and the main witness for tie colored lady named Howe called “Huptl.’” Edward Zabrisk Mr. artments, The coat was a “long-tatled “nt, hi the Major maintained that it tatled bine” pilot coat, purchased by ‘The jury rendered a verdict of not black”? gu was a “lon: him ta Bombay. wuilty, Charles W. Woods and Thomas Fox were placed at the bar charged with receiving some articles of Woman's apparel belonging to Caroline Mettzler, from whom they were stolen, Shoftly after the « minenced the District Attorney abandoned it, a8 there was no proof against the defendants, Sue he Jury promptly rendered @ verdict of ac- quittal, ad Judgments. Jobn in the employ of Samuel W. Saxton, who keeps a jewelry store in Nassau street, ad at $185, the pr ton asked to have t perty of his omployer. Mr. : punishment slight, and, in wof the 4 ent character of the ac- cused, His Hone judgment, Ann John- son, a young ¢ ho stole a watch and chain ‘on the Maret from Mra. Re} pleaded guilty, ‘The complainant interce girl, ond that being hey flist offenee the Court Charged her, alter cxaeting the promi that she would steal ho more, Close of the ‘Term, Mr. Sullivan then announ to the Court that he no further business for the jury this term, Judge Redford in discharging the jury thanked them for the attention and fidelity with which they discharged their duties during the month. Since the opening of the April term the City Judge has disposed of about one hundred and fifty cases, Which is & good month's work. A large number of the indictments were against parties who were de- tained in prison, so that the cells of the Tombs are Hot so mieh crowded as they were at the beginning of the term witelt has just cio: COURT CALENOAR—THs OAY. Surremp Covrr—CHasmers—Held Brady.—Nos, 77, U8), 187, 190, 20 BROCKLYN COURTS. COUNT OF SESSIONS. by Judge The Notortous y Jones Convicted at Lasi—Going to the Penitentiary for Burglary, Before Judge Moore and Associate Justices Voorhees and Johnson On the night of the of Jannary last the jew- elry store of James McMurray, 829 Fulton street, was burglarionsiy entered and robbed of aiiver ware to the value of about two thousand foar hun- dred dollars, The store extends through from Ful- ton to Washington street, and direetly opposite the Tear stands tie ¥ recinet police station, On the morning following the robbery the empioyers the store, whieh instrument had evidenUy been used hy the burglar to open the door. The noterions Izzy Jones, being suspected, was arrested the same day at 194, Bond street by Detective Riggs, of the Central OMlce, who found in his possession two pawn tickets—one for a wat and chain and another for dental goods, The prisoner was placed on trial yesterday for burglar: According to the testimony of Samuel Wilkinson, a clerk in MeMurray’s store, who roomed with Jones at the time, the latter called at the store on the 23d of Jannary to have a glass fitted to hia watch, Frank Lindon, another clerk, saw him ta Washington street on the night of the robbery, It | also appeared that Jones before the date of the robbery borrowed a travelling satchel from a young lady, Who yesterday identified the key to It, whieh was found in the prisoner's possession. He never returned the satchel. The most damaging testimony against Jones, how- make lgnidation of the’ claims in question, The eputy marshals have received no pay since the | 24th of December last. Congress is so much | occupied with inquiries into all sorts of matt that the wheels of legislation have been stopp | and the resmit is that, though bills of appropriation are ready, Congress from the cause stated has not | found time to pass them, ‘There are many. elaima due in the Marshal’s office; but the ‘Marshal | cannot settle them, a8 he has not the wherewithal | to do so. It is to be hoped that Congress will | hurry up the appropriation bills. | Widening Brondway. \ Refore Judge Gilbert. | The motion to confirm the report of the Commis- | sioners of Estimate and Assessment in the ma r of the widening of Broadway came up yesterday for | a bearing in this Court. On behalf of the Corporation Mr. Richard O'Gorman asked an adjournment for two weeks, on the ground that the bill of costs had | not yet been made up by the referee. and until the | same was made up the Court conla not properly make an order of confirmation. Counsel for the | respective property nolders opposed so long au ad- journment, and the Court, by way of compromise set down the hearing of the motion for next Thur day. SUPREME COURT—CHAMBERS. ¢ Children’s Ald Soc paused. Before Judge Brady. The writ of habeas corpus granted a few ¢ against the managers of the Children's Aid So to compel them to produce the bod Foy, a boy sixteen years ef age, was returnable yesterday. In the aMdavit of the boy's parents {t is alleged that the managers of the society him West. the very day alti ey got control of him; that a (3 ty Habeas Cor- no effort was made on th rt to find that he is now in Plattsburg, Mo., beyond thelr reach, They say, further, tl they are abundantly able to take care of him. 'No appearance was made on the part of the soct Judge Brady aajourned over the hearing to allow the facts in the case to be more fully investigated. SUPERIOR COURT—SPECIAL TERM. Deelsions. Judge William K. Curtis, Barr vs. Franklin.—Motion granted, with $10 costs, See opinion with Clerk, Beadel vs. brennan, Sheriil.—Order granted. Carpenter vs. Engelatriecke Order of ence granted. Elizabeth Herrman vs. Henr; eree’s report coniirmed and granted. Jordon et al, vs. Beck et al.—Order confirming | referee's report. | Slevin vs. McCabe,—Order granted, Phieifer vs, Benedict et al.—same, Sche vs. Bartel.—Same, Von Ochsen vs. Von Ochsen,—Referen: Cohen vs, Mettnache.—Motion to wUse U calendar of short causes for 10th inst. granted. By Judge Freedman, Gnerke et al. vs. Downing et al. without tH. Sueltzer vs, Tins | for counsel. * refer- Herrma: lecree of 1.—See memorandum ou papers COURT OF GENERAL SESSIONS. Fifty Cases Disposed Of. Before City Judge Gunning 8. Bedford. | After the opening of the Court on Tuesilay Mi- chael Farmer, who was convicted last week of firing @ pistol at Thomas Maguire, the porter of the Mi tropolitan Bank, with intent to do bodily harm, w: brought up for sentence, Mr, Mott made an argument for an arrest of judg- ment upon alleged technical defects in the indict- | ment, which was briefly replied toby Assistant Dis- trict Attorney Sullivan, Judge Bedford, in denying the motion, said that whenever a@ person is indicted for assault with in- tent to kill, the jury Nad a right to convict of an as- sauit with Intent to do bodily harm, as they did in the case of the prisoner, Mr. Sullivan stated that he had reccived a letter from the President of the Metropolitan Bank, ask- ing for leniency on account of the previous good character of Farmer. His Honor took that into consideration and sen- tenced him to the Penitentiary for six months, 'The Alleged Murderer of a Belgian Count Held Upon a Charge of Larceny. Jade Bediord denfed the motion to guash the | SUPREME COURT—SPECIAL TEAM. +t | trials for larceny. | Penitentiary for sixty days cach, ssgranted. | Y Motion deuied | {f | Annie Howard, Dee. Close of the Term—Over One Hundred and | wi mt Win. Smith, Fe ever, was that of Richard J, Young, who occupied he san cell with him in the jail Young was arrested = for sueaking into lawyer Condit’s — offi corner of Atlantic and Clinton _ stree an attempting to get | away with that gentlemen's property. Poung avers in Court yesterday tiat while he was in the jail with Jones the latter bragged a great deal about the robbery at MeMuri told how he got into the store, and how he had pnt the silverwaro in a good solid man's hinds, He stated that he had realized a little money ou it. According to Young's story, Izzy was very confidential, and disclosed to tricks of the thieving fraternity. ontalnin numbers of several places ew York ¢ also been found in Jones’ pos- session, policeman White, of that city was called to tostify as to the character of the establishments, He designated them as the resorts of thieves, The prisoner was ¢ nded by Mr. Willlam J. ly got bin clear on two Jones was called to testify in his own behalf. He flatly denied knowing anything about the burgliry, and asserted that on the night it was committ e went to New York at eleven o'clock, and slept at Sweeney's Hotel. He returned to Brooklyn the t morning and was arrested, There was no other testimony for the defence, Jones was ed, and Jndge Moore there- upon sentenced him to the Penitentiary for four years and ten mouths. He took lis sentenee very oolly. iJ who had previow Sentenced. and Antonio The: William Rarth guilty to petit h Rerrutti pleaded were sentenced to THE FIFTY FELONS. First Fruits of the Special Seasons Mud- dlc—Another Batch of Law-Breakers at the 'Tom Judge Brady, sitting in Supreme Court, Chambers, yesterday, on application of Mr. William F, Howe, granted discharges from the Penttentlary of fifty of | | those for whom writs of habeas corpus were re- cently granted on the ground of thelr tMegal con- viction in the Court of Special Sessions, This is the first batch of the 262 for whom writs were granted. It will be understood that pursuant to the Judge's recent decision the prisoners are transferred to the Tombs to await their re Lon the original charges preferred against them. These trials the District Attorney proposes to hurry forward as speedily a8 possible, or, at least, dispose of their cases, for the probability is that in a large majority | of them the complainants cannot be found, and that there will be no other alternative but their dis- charge. We give below a list of the fifty embraced | in the Judge’s order yesterday, together with the time of thelr commit: an offences and terms of sentence :— Michael Roach, March 7, petit larceny, four monthe their respective Josephine Dusenbury, March 9, petit larceny, six mouth*. an 1 Riley, Feb, 6 petit larceny, alx months. utisa Goodwin, Feb, 6, petit Iareeny six months. helmina Probst, Murch reeny, four months. eb. 2, ny, three ‘months. ny, three ha. ry psaninn Box Catherine D h petit ta suit (pick socket), four months. t larceny, flve months. tlareeny, six months. six inonths. = 2 5 Ann Feeney, Margaret Brown, No y, three montha, ur it fare jeorge Ragers, Nov, petit lareeuy, six months, 8, petiL larceny, four mouths 9, ussault (pickpocket), twelve onthy ‘n. Jones, August 29, wm assault (pickpocket), months. Geoi Jackson, Jan. 12, petit larceny, six months, George Madde 1s peut months. John Wilson, Jan, 6, petit lare Patte’drant. Ju 16 pede iar rant, Jan. 16, pe c William Smith, Jan. Ke petit larceny, six months William Ryan, Dec. 21, assault (pickpocket), five month. Dennis Mullins, Dec. 21, petit larceny, five months. John Williams, Dee. 29, petit larceny, six months, Bee. 29, petit larceny, Nve months, James Daly, August twelve Pan beens! Dee. 27, assault and battery, twelve months, John T. Davis, Dec. 14, assault und baitery, twelve months. months, ls, William, lace, Dee. 11, pe ny, si James Nolan, Dec. 14, polit arceny, ¢ months. c John — Dec. 8, assault and picking pockets, twelve months. Benjamin Welch, Nov, 21, petit larceny, six months William Guion, Nov. Hit larceny, six months. Thomas Butler, Nov, 25, petit lareeny, six mou William Hall, Noy, 25, asswult and battery, six months, Jonn Deey, Nov. 2, larceny, six months. = 3 John T. dtirray, Nov. 25, petit larceny, six months. Herman Schalin, Nov. 24, ombezr! , SEXOMOW TS Augustus Worth, Noy. 25, petit lareeny, six months Si Strauss, Noy, 2, petit lareen: nonths. petit larceny, a snosthe HOH. Nov.