LggaMt PER ANNUM INVARIABLY IN ADVANCE. IT O WAX! XY : gptttfetg morninn, ftpril 22, 1838^ " DEFENC K OF jfPGE WILMOT, MADE BEFORE THE -nfliciary Committees of tlie two Houses, "" piiIDAY, MARCH 2G, 1858. - Honorable the Judiciary Committee of 1 Senate of Pennsylvania : T undersigned begs leave respectfully to A " t so me statements of facts and arguments, • *the measure now before thisCoramit ; J the annihilatiou of the Thirteenth Ju ial District. "r. f people to be affected by this measure, m yself, were kept in profound igno - ■ e that a'movement was contemplated by ••"memorialists, until after some of them had j • Towunda for Harrisburg, on the 18th of j i-oary last, with a view of procuring its, speedily through the Legislature. The | ' with which the secret was guarded, and: • Tu-'ps taken to conceal their errand, and the place of their journey, is fully estab . 4 L,v the letter of WU. KLWEI.L to WM. •: p - K and bv the sworn statement of C. V j UN. a member of the Bar of Bradford tv which letter and statement are here presented to the Committee : 1 Tow VNDA, Feb. 1">, LS. R >B. T!f 'tition of mem ers of the Har of this • •: in- set off to Judge WOOHWAKII'S dis be numerously signed. From present *..* v,-r -h;!l have the nanus of twenty mem ■• liar upon it. Mr. RAIUD will go with it to' r-1,- v. aud will be at your filare on Tues- V. v. Hi- .lie! object in coming there is t • get the LI'UI-ONS. SMITH'S is already <>n. I'IKKCE, 1 r-hml i-is tat home. It' PARSONS should not be Tac-l n • would in t a line to that effect reach - ■,t i.l. >n Tuesday. ab<> it um or u lit | •- i- ait at Sniithllfid. on Tuesday ; !!AIKI> '.•■a all ...ml we intfiul to got the names of Hi 1.- utmI I.YMAS. If I'AK-HNS should not be at home, .1. ae h uue from Smithlield and save a good f travel. • v a . the mist important iart of my commoni- Hani it. D. A. OYKUTOS, PiOLLEr. and my.-elf . irt fr nt here on Thursday, the l s th, at noon, and it at Mivc. . on th'- next morning, Fri ?we take ;'i•• cars to the Great Rend : there we will .;ars f,. r Wilkesbarre : stop there and lix up mat • •- -1 that Judge COSVNUH AM will consent to take S is .an.i count v. and go on ti Harrisburg bv way of rlei'l arriving thereon Friday night.orsome s.,: rdav. and stop at Ruelilcr's. Now \A'i ard Wii.BKR "l ist i iiuie down ; either come down by ! V.'ai ,-rly. and >t iv with us Thursday night, or else , > : -, ; i he at Harrisburg on Saturday. We v it- your com <:nv this way,and t.liink Judge Wn.- i;M talk smooth things to his old friend CO.SYM;- I write it once, s > soon as we leu e settled iU>on a r- i.l .n tim :>o tlwt you ean lie ready. There i to iu. k-i iit in this war—and if we act we will not •, ~ ; i iDae an? And which way : : S ha necessity for action will never 11. neither time nor money to spare. But : it.- i• • way, I d m't t k 'v.."neol 11 stay there over three or lonr day-. C'-nne : iirn-iifct is fair. Tours, Truly. WM. LM.WRIX. • - •; : necessary to let it be known where we are go- AFFIDAVIT OF C. A. LYMAN". Th Bdeponent further saitb, that on Tuesday, the 16th 1 r.- ;i •it noon, and called me to a private .1 nro-cnted a memorial signed by several mem ! t Bar. |ira* lug the Legislature to ab dish this i D.-tr t. He importuned me very earnestly to •; He a..•;; .rial. Mr. 15; i.i.m K was present, with '• is. Ihe had talked the matter over, and - . tif 1 would. 1!a;k;> -aid lie had come fit * y : -s purpose of obtaining our names.— ilt '-. ait. 11. continued to pn -s the nutter -nn. I : •■. und upon my i : .-ing absolutely, he ex - lie. -iderabV regret, ai d -aid " if you will sign * a (• r can) do enough for you to pay vo.i for it. • -ti'd pic M say i" thing about bis JMU ing called ■ : 1 * ,!d do nothing against the measure, and *y ;he was going t > Trnv for names, and that he i * I'AKSONS would sign, baring the interview of • half hour, iu which. 1 thought, Mr. BAIRD pressed cgy consideration )..• eonld think of. to induce me to i ■g. n i "rd *.i- -aid. or insinuations made, impeach- j WII.MOT - integrity, honesty or impartiality discharge of his ofliciafduties, nor did Mr. 15Ainn I a-any complaint of dieourtc*y on the part of the® .-• towards himself or an v other niemlHo of the 15ar. ( . A. LYMAN. "Scorn anrl *ubo~i ibtd biforr mr this bth day of A/n rch, ALLEN M'KKAN. i'roth y. Immediately on their arriving at Harrisburg. iMemorial was presented to tlie Legislature, : .."purling to be signed by eighteen members the Bar of Bradford Countv, and a Bill to rry out the object of the memorialists was " .ul iu place iu the House of Representatives, • i referred to the Judiciary Committee, which Committee, after hearing verbal complaiuts Y'd charges against myself, postponed the fur- • • : consideration of the Bili until the 10th March. Impatient of any delay, tlie Gentlemen who • i undertaken to hurry this measure through "• of the people whose interests and rights "re to be seriously affected, immediately af rti e action of the House Committee, pro 'f)d a Bill to he read iu place iu the Senate, "!i was referred to this honorable Cornmit ' - aud the following order was taken there t'U ; Ordered that the Bill be held over for fur tr consideration—that complainants be re- Jed to put charges definitely, in writing, <Hat the Chairman be requested to com c •'■ate notice to Judge Wilmot." ompliauce with this order I had the ho to receive a communication from the lion, •irman of this Committee, informing me of 1J order, which was received by me on the March, and to which I replied the next •' which reply is In the hands of this Com- c 'tce. the >amc day that the communication of " t-hainnan reached me, 1 caused a copy of ee to fie delivered to those of the memo r>idiug in Tow unda, and to be deposit ee l'ost Office copies addressed to those , u ' ri i 5 in other par's of the County, asking informed of the " specific mutters " iuteud preferred against me, wherein it was '■-"1 that the due administration of justice 1 ul or been perverted, through my par or want of integrity. All of which is 'ff hv the sworn return on the back of the G !i ' nv presented to this Committee. notiee 1 received no reply, giving .'" Orr nation whatever of the " specific char 'Dtcniled to be preferred against me, al - Remaining at home in the village, where ' memorialists resided, for four days after the same was served ; when I left for Harrisburg, with a view of learuiug the spe cific charges against mc, and of taking the necessary steps for the prompt vindication of my character. I arrived at Harrisburg on Monday the Bth j instant, and on the following day called on the j lion. Chairman for information as to the " spe- i cific charges in writing" ugaiust me, and was informed that no such charges had as yet been 1 preferred. On the following day, (Wednes-1 day) 1 learned that the memorialists, two of whom were here, desired to present some mat- ( ters before this Committee, on the following Friday. 1 accordingly awaited the arrival of that day, hoping then to be informed of " spe- j ci.ac charges ," wherein it was claimed that the j ends of justice had failed or been defeated i through my weakness or waut of integrity.—- j In this I was disappointed ; and to this hour ' J am ignorant, save as out-door rumor reaches my ears, of any charge impeaching my official integrity. Ou the Friday mentioned, the 12th instant, there was handed to the Committee Uvo print ed papers, one in the form of a letter, address ed to the Chairman, (the letter itself being withheld) and purporting to be signed by nine < members of the Bar of Bradford County, aud I bv three other gentlemen not members of said > Bar ; to wit : C. L. Ward, Wm. Scott, and j J. B. Reeve, neither of whom have appeared; for years, as practicing Attorneys in Court, j and who are actively engaged in other pursuits —in which printed paper no specific charge is ! made against me ; aud in which it is said that it was not the intention of the memorialists j " to put charges definitely in writing against : me, but simply to get such legislative action as would relieve them from a grievance under ! which they labor, and would tend to protect ' the character of the Judiciary," &c\, &e.— I They go on further to state matters connected ' with what they are-pleased to call the crea- j tion of the 13th Judicial District, which, if true, was antecedent to my going on the j Bench, and could not therefore have aught , to do with the manner in which I have dis- • charged my official duties ; but which are not j true as therein set forth. It is charged thai i 1 sold my birth-right for a seat upon the ; Bench—that I surrendered my freedom, and the right of no American citizen to think, and ! speak, and act upon great questions of public j concern, intimately connected with the wel fare of our common country. 1 did no such thing ; and God giving me strength to main tain my purpose I will do no such thing. This" is truly a novel impeachment of a high officer of State. lam to be tried before a Committee of the Legislature for alleged of fenses ; and when my accusers are asked to "specify in writing" before the Committee, j they ileal in 'the broadest generalities ; thus , evading the order of the Committee, and shrink- j ing from an open and fair investigation ; and ; turning from the door of the Committee room, j fill the avenues and streets ol the Capital, and ! part of the public pi ess, with aspersions upon • my character, aud unfounded imputations upon I tne integrity of mv conduct. Against this in- j justice I here enter my protest, i stand be- j ore tins honorable Committee ready to an- ; swer for the conduct of my official life. I ask that I may meet my accusers, and the charges they have to prefer against me. If there be none, then may 1 not confidently look to this committee to shield me from accusations out side of the Committee room, aud be allowed to depart, with my integrity uuimpcacked, and my character unsullied. My commission expires on the 1-t of I)e-, cetnber next ; nor is it proposed to shorten i mv term of office ; but anticipating and fear • ing ray re-election by the people, it is asked . I that the Legislature abolish the District, and l j thus deprive the-people of the right to elect \ any one as their Judge. The Legislature is importuned by a few men, to legislate one Judge into the County of Bradford, and an other into the County of Susquehanna, on the • high ground, that if the people of those coun ties are permitted to make an clectiou under the Constitution, they will be certain to elect an improper and uulit man —one who " |U'e veuts the ends of justice and defiles the judi cial character." This, in substance, is the whole ground presented by the memorialists, for the legislation they invoke ; such is the I covert attack made upon my character as a man, and ray integrity as a Judge. It is not pretended that the abolition of the District is desired upon any other grounds than the fear of ray election. Certain it is, that it would not be asked for, if it were probable that ci ther of tlie memorialists would be chosen, by the people, Judire for that District. Let them make good any charge against mc of partiali ty and political bias in the discharge of my official duties—of a course of conduct, either on or off the Beucli, disgraceful to the Judi -1 cial character, and the people of Bradford and Susquehanna counties will reject me with scorn. They will suffer no unworthy Magistrate, no one who defiles the Judicial ermine, to sit as the arbiter upon their rights of life, liberty, and property. That people know how to re buke an unjust Judge ; as they know how to vindicate the character of the Magistrate who is ruthlessly assailed by personal hatred and unsuccessful rivalship. Has my bad conduct as a Judge—ray injustice, tyranny, and par tiality, so fortified nie in the confidence of an intelligent and virtuous people, that 1 can on ly be reached by trampling down their rights? that ray election can only be prevented by de priving them of the right to elect ? It is further charged in the printed paper addressed to the Chairman of this Committee, that I have the " management and dictation of all local and county affairs"—that 1 have sought to maintain myself as the leader of my party, by political chicanery derogatory to the Judicial character. 1 respectfully submit to this Committee, that to recognize such a charge, as the basis of legislative action, is to convert the Legislature of Pennsylvania into a court for the trial of political offences ; a procedure unheard of in ! this Government and uukuowu to the laws of ■ any country where liberty exists. But allow ing the charge to be a proper subject for Icp- PUBLISHED EVERY THURSDAY AT TOVVANDA, BRADFORD COUNTY. PA., BY E. O'MEARA GOODRICH. " REGARDLESS OF DENUNCIATION FROM ANY QUARTER." islative investigation, I appeal to this Com mittee, if it is possible for me auswer charges of this undefined nature, otherwise than by a direct denial ? which 1 here make—affirming that the charge is false, und that ray conduct, in all respects, has been such as became a man of probity and honor. -Again, it is charged, that I resigned my of fice, and became a candidate for another of lice, and when defeated, accepted a new com mission as Judge. Here, again a political of fence is charged, and the Legislature is asked to become a tribunal for its trial and punish ment. Do I transcend the limits of respectful address, when I characterize this as a novel impeachment of a high officer of State ? as an attempt to use the Legislative power, for the punishment of political ott'ences ? if uot direct ly, by deposing from office, yet indirectly, by declaring that the functionary charged with those offenses is unworthy to hold office ; and to make sure against the possibility of his do ing so, two counties with ninety thousand of population are to be disfranchised. The other printed paper luid before this Committee on the 12th instant, is in the form of a memorial addressed to the Legislature, and purports to bo signed by soine thirty of the citizens of Bradford county, and which contains no charges, except of a political na ture, and those of the most general and unde fined character. Again, 1 am constrained to protest against both the nature and form of accusation. If the holding of certain po'itical opinions, and la boring to sustain them, is a crime in Pennsyl vania, triable before the Legislature, and pun ishable with disqualification for office, I entreat that 1 may at least be informed who are my accusers ; and that they be required to set forth their accusations with particularity of time, place, and overt acts. How am I to meet charges such as ure set forth in the printed paper alluded to? Would charges of this character against a public officer be en tertained before any tribunal in a country of law, and where the rights of character and of good reputation arc held in respect and esteem ? Yet it is upon such charges, uusus tained by proof, and not eveu made in a re sponsible shape, that 1 am called upon to answer. 1 respectfully submit if this be uot a palpable evasion of the action taken by this Committee in the order " that complainants be requested to put charges definitely in writing." Tiiis proceeding I humbly submit is a matter ' of grave and serious import. It is. the first j time in our history that a citizen and public I officer has been brought to the liar of any tri bunal on a charge of political offences. True it is that the Bill before you only proposes a change in certain Judicial Districts, by which ' the district over which I preside is blotted out but tliis Committee understand, and it will be j understood by the people of this Common-! wealth, that the only ground on which this | measure is based, is the political unworthincss i of the Presiding Judge. This proceeding is; neither more nor less than an enquiry, through a Legislative Committee, into the character ; and fitness of myself for the Judicial office. In this light it was properly viewed by this Com mittcc, when tlie order was taken " that com- ! pluinants be requested to put charges definitely , iu writing," and that notice be given to mc. In this light 1 desire to treat it, and am justifi ed in so doing by ihe order of this Committee. : I here and now ask of my accusers, if any there tie, to bring accusations against me, that; they specify in writing any matter or tiling, j great or small, wherein I have made the least . departure from the line of rectitude, in the discharge of mv official duties. I hold a higli and delicate office ; atrujstns i sacred as can be committed to the hands of man. For the faithful discharge of its duties I iiiii responsible to God, and the tst.ite whose commission I bear. \\ hilt; I invoke the mer ciful judgment of Heaven, 1 call upon mv ac cusers to specify the act, wherein for any cause whatever, I have turned to the right or to the left in the administration of the duties of my office. I appeal to the records of six years' Judicial service, with a confidence that knows no fear, and that invites tiie closest scrutiny and investigation. Let the charges against me be defined, and 1 abide with unshaken con fidence the record and the testimony. What innocent man ever fell under the condemnation of my sentence ? What scheme of injustice and fraud ever obtained judicial sanction in my Courts ? When did honesty ever depart the judgment seat without its full measure of right, if it were in my power to grant it?— Where have I oppressed the poor, or given to the rich undue advantage? Who is the friend that 1 have favored, or the enemy that 1 have wronged ? Will my accusers answer Or is the present deemed a favorable op portunity for personal dislike to retaliate on me for real or imaginary injuries ? Or can it lie that the humble part I have acted in public affairs, is deemed worthy of ignoiuin\ and bonds ? This 1 cannot believe. There is a depth of bitterness and intolerance, where no rights arc secure against power, to which 1 trust we have not, as a people, descended 1 feel a strong assurance that neither the Committee, nor the honorable Body whose organ it is, will condemn me without clear proof of matters di rectly impeaching my official conduct ; that the Legislative power of a great State cannot be used for purposes merely personal towards myself ; and that no private dislike can be here dignified into a question cf public con cern. To return to the printed memorial laid be fore the Committee on the 12th iust., in which it is said by the thirty memorialists : " that we fully specify that Judge WILMOT is iu the coustaut habit of making violent political speeches in his Court House duriug the weeks of his Court." Waiving the question of thus impeaching and trying a Judge for political offences, I res pectfully ask if this be a compliaucc with the order, that " complainants put charges definite ly iu writing ?" How frequently must I speak to justify the use of the words " constant hab it ?" and how is the Committee to judge as to the character of my language, whether violent or temjierate ? It is, I respectfully submit, a farce and cruel mockery, to try aud condemn a man upou a charge like this ; and of this 1 character are all the charges brought against me. I can ooly a make a general denial to charg es thus general ; and here I declare that I am not in the " constant habit" of making po litical speeches during the weeks of my Court. That of the one hundred weeks of my Courts in the six years that 1 have been on the Bench, 1 have not made to exceed some half dozen speeches in my Court House during those weeks ; and 1 affirm those were not violent but temperate—free from personalities, and confined to measures of general and national in terest. if this be deemed an offence worthy of legislative investigation and action,l stand con ! victed on my own confession, and will bear as ! best 1 can its punishment. , But before pro nouncing on the character and gravity of this • offence, and the punishment proposed in my •' case,l beg leave respectfully to suggest, that if | this Committee will turn its enquiries in other : directions than my District, it may appear that : lam not the only offender in this regard. It ! may be that other Judges can be found who take a deep iutefest in public affairs, aud who, i as freely as myself, express their opinions,both by speech and through the public press. It j may be that the people of other Districts than j the 13th, require the interposition of the Leg islature, lest in their bliuduess they elect a Political Judge. It can scarcely be that a dis tinction so refined will be allowed, as to hold, that a Judge who sometimes addresses his fel low-citizens on questions of public interests, is thereby, and for that reason alone, unfitted for the judicial office ; while the publication, thro' the press, of articles on the same topics, is held to work no such disqualification. 1 would further say, in answer to this im peachment of my " constant habit," that I can not call to mind au occasion, within the last two years, iu which I have made a speech, as charged, in my Court House atTowanda ; atid it is about that period since I have done so 1 in the Court House at Montrose. P is further charged in the aforesaid memo ! rial, that an " irreverence for the Judicial char acter of the State must follow among the peo i pie of a district, when a president judge will, in his own Court room, denounce the Supreme Court of Pennsylvania as corrupt." ' Here accusation and argumentation are sin | gularily combined. I notice only the latter. I deny that I have charged corruption upon the Supreme Judiciary of the State. 1 have dis sented broadly from sonic of the doctrines and legal positions taken by that Court ; and have spoken of its Judges as men of human infirm ities and weakness and exposed,like other uien, to have their judgment influenced by the temp tations of preferment and power. If this bean offence in Pennsylvania, in the first century of American liberty, I stand con victed again on mv own confession, and must abide the punishment of my offence. The memorialists say, " that in conclusion they cite as an instance of these whole pro ceedings, the case known to the legal profes sion in which Naham Newton was stricken from the roll ol the Court of Susquehanna county." This language is not clear ; but it is under stood to mean, that the case referred to is cit ed as an example of my tyranny and unfitness for the Bench ; and that the wrong done in this ease grew legitimately out of my coustaut habit or general conduct. I thank my accusers for this reference to eveu one ease, aud this is the only one, in which they impugn my official integrity and conduct ; but I protest against the generality of the charge, and still more against the manner of its presentation. Wherein was my tyranny or partiality made manifest in that < use ? What were the facts and circumstances surrouuding it, and which disclose that 1 was influenced by enmity toward Mr. Newton, or any other mo tives unworthy of a Judge? But it is not against the generality of the charge that I chiefly complain. This Committee had, by its order, culled upon the complainants to make their charges in writing. J lac, charges were to be preferred ; not in the street, nor in the public press. Two weeks pass after the order is taken that " specific charges be made in writ ing,"\N hen the memorialists refer this Committee, in the most general terms, to the "case of Na ham Newton, known to the legal profession," and turning from your door, go into the public press to make known the assumed facts, and my alleged criminality in that case. It is against this mode of accusation—this violation of justice, aud all the decencies of an investi gation, that I enter my protest ; and against such manifest injustice, I invoke the protection of this Committee and of all honorable men. 1 will now, by leave of the Committee, state the history and facts of the case of Naham Newton. An eje rtnicnt was pending in Susquehanna county, Amos Taylor vs. Jacob Denny and others, involving the title to a valuable prop erty. The laud had, some years before, been sold by the sheriff, as the property of Taylor, the plaintiff, and the defendant's title rested on the validity of the Sheriff's sale. Mr.Cham berlain one of the counsel for trie defendants, had examined the record before the ejectment was brought, with a view to sec if the proceed ings of the Sheriff's sale were regular ; and there fouud among the files, a waiver of inqui sition, in the hand-writing of F. B. Streeter, signed by said Taylor, whose hand writing he well knew. Soon after the bringing of the ejectment by Mr. Newton, as the attorney of Taylor, Mr. Chamberlain made a second exam ination of the records, when lie fo>' i that the waiver of inquisition was gone. Tlresc facts are all clearly proved by the sworn state ment of Mr. Chamberlain. About the time of the commencement of the ejectment, Mr. Newton had takeu the files from the l'rothonotary's office having relation to said suit, in order to make copies of them. This is proved ly the affidavit of the Clerk, Franklin Frazer. On the 21st of September, 1855, n rule was entered in said ejectment, to take the deposi tions of witness, and the Prothonotary, Sheriff and attorneys,(afuong them Mr Ncwt r on)were subpoenal to testify ; with the purpose hi ob- < tain, if possible, knowledge of the lost waiver of inquisition. The persons subpoenaed appear ed before the magistrate, (Esquire Avery,) and after two or three witnesses had testified, Mr. Xewton was called upon,when he refused to be sworn. Thereupon the magistrate committed him, and he was taken up by the Constable into custody, but not to prison. lie applied for a writ of habeas corpus, and was brought before Judge Boyle,one of the associates, when, by an arrangement satisfactory to Mr.Xewton, the hearing was postponed until the setting of the next Court. At the succeeding term, Nov. 1845, the habeas corpus came up be:ore the, Court, and was fully heard ; Mr. Newton claiming that, being the attorney of Taylor,he was bound not to testify. Here was my first acquaintance with the subject. On the dispo sition of the habeas corpus the Court said to Mr. Newton that he was in error in refusing, to be sworn ; but that the matter could be easily disposed of if he would then signify to' the Court his willingness to testify on a new rule to be entered in the case. Mr. Xewton, thereupon, in writing, expressed his willingness *<> testify, and requested that his deposition i ,ght be taken on a proper rule and notice be fore either of the Judges of the Court; und was thereupon discharged from the commitment of said magistrate. Every material tact thus far given is estab lished by the record in the matter of the habe as cojpus, and the affidavits of Mr. Chamber lain and Frazer, herewith submitted to the Committee. I heard nothing more of the matter iWltii the next term of my Courts in that county, in January following, when 1 lieaul that a new rule had been entered, and Mr. Newton's de position was to be taken on a certain evening during the first week of Court. On the even ing fixed for taking his deposition, the Court adjourned for half au hour longer than usual, to enable me attend to this business The de position was to be taken iu the Court room, and I was there some half an hour before the time for calling Court, waiting for Mr. New ton to appear ; but he, as I fully believe, ab sented himself fii uvoid having his deposition taken, lie had been there, and looked into the Court room, sometime before I went in, and was at the time I was waiting to take his deposition in the lower rooms of the court house, or but a few rods distant therefrom.— When the time arrived for calling Court, 1 endorsed on the back of the rule, that the mat ter was postponed to a certain other evening, and directed the defendant's attorney to take another subpueme and serve it upon Mr. New ton. 1 had just opened the Court and was proceeding in the business when Mr. Newton came in and took a seat at the bar. The second evening, on which by tlie ad journment, Mr. Newton's deposition was to be taken, the Court again adjourned for half au hour longer than usual, and I Went from the table to the court room, and was waiting for Mr. Newton to come in, when a letter was handed to me from him, in which he said among other things, that he was not bound to appear and testify before me on that evening, because the rule had became nugatory, by not taking his deposition on the former evening, and also stating that he had left Montrose on important business. Mr. Newton boardt-d at at the same house where 1 lodged—our ref lations were friendly—l had seen him at the tea table, yet no word had lie spoken to me about leaving.—lt was sometime after dark, and a night of storui and extreme cold. Mr. Newton hud hired a horse, aud left within the time when his deposition was to IJV taken, un der, it is true, an allegation of business, Unt which all the circumstances proved was merely a pretense, lie went some six miles from Montrose, where he put up for the night and proceeded on his journey the next morning. I directed an attachment to be issued, and iu four or five days Mr. Newton returned, and came into Court. Presently after became in, I took his deposition, the Court at the •time being iu session, after which I directed a rule to be entered upon Mr. Newton to answer for a contempt Ac., on which the material facts as herein set forth were proved. Mr. Newton was allowed to make his own statement, and declined to inform the Court as as to the bmi ucss that he alleged had thus i uddenly called him from home. He did, however, state that no sudden emergency had arisen, or informa tion reached him giving special importance to the business, and making it necessary that he should attend to it at that time. Mr. New toil called witnesses who were examined ; and the evidence was taken in writing aud filed of record. It was afterwards taken by Mr.New t<* from t lie Prothouotary's office, against the consent, and despite of the efforts of the Clerk, and has not yet been returned. The matter of the rule was continued upon the request of Mr.Newton until the next April term, when it was disposed of, the Court makiug the follow ing order : " April, isth, 185fi, the Court order Naham Newton be suspended from practicing as an at torney iu this Court until such time as re-in stated by a revocation of this order." At the time this order was made the Court signified to Mr. Newton that it would be re voked at any time when he would express re gret for his conduct. At the succeeding Au- or November term B. l\ Chase, Esq..rail ed upon tne in company with lion. Win. Jes sup, and expressed a desire that Mr. Newton should be re instated. I expressed to t' e gentlemen my desire to re instate him, and re gret for the necessity that had led to the oiMcr for bis suspension, and offered to revoke the order at once, if Mr. Newton would submit to the Court a writing in substance, and nearly in language as follows : " The undersigned. Naham Newton, repre sents to the Court, that in leaving Montrose on the evening when his deposition was to lie taken, he did not intend to set at defiance the process of the Court, and in so far as Lis con duct liad that appearance he regrets it." This Mr. Newton refused to do but would sav, that he intended DO disrespect to the Court, aud regretted that the Court hud taken that vol.. XVIII. NO, 4i>. vietv of hi* conduct. Thus refusang to gay that he regretted iu tho least liis ofl~u conduct, fud only regretted the view tho Court htfti taken Of it. Mr.Newtpu took a certiorari and carried the matter (o the Supreme Court, but instead of permitting the records to be made by the l'ro thonotary, and in hfs office, he took the files from the office, against the remonstrance, and despite of the efforts of the Clerk, and made up the record himself, attaching such papers to it as he saw fit. It was in this way carried in to the Supreme Court, where 110 one appeared against Mr. Newton, and no representation was made of the true facts of the case. The order of suspension was reversed ; and iu April last Mr. Newton filled in the Prothonotory'a office of Snsquekanua the remitter from the Supreme Court, but no part of the records he had taken therefrom, but has said records still ip his possession. Such I respectfully submit Is the true histo ry and facts of tJie case, which the memori alists were pleased to cite as " the case of Nu llum Newton, known to the legal profession." In some points the latter part of the statement is proved by the affidavit of Mr. Frazer, tho Clerk, which is here submitted. The otber matters I will prove from the recbrd, if it can be got uuinutilatcd from the hands of Mr. Newton ; and by statements of Win. Jessap and other members of the Bar, time being al lowed me by the committee for that purpose ; which request is reasonable, this charge having recently been made, and then not before the Committee, but-through the public press. 1 hope those will survive me to whom way repu tation will be dear, and I intend in this case to leave no shade of suspicion resting upon my official integrity. 1 intend to meet every charge, direct or inferential, implying a stain upoii my character or the integrity of my acts. I submit, if under the statement 1 have giv en, there is anything in tho ease of Naham Newton, reflecting upon my motives or iny clemency as a Judge. My relations with Mr. Newton had been uninterruptedly friendly; and I declare that in making the order of suspen sion,l was governed bv a desire tp impose upon him the least punishment possible, at all com mensurate With his contumacious offence To have imprisoned him even for a few days would have been to disgrace him. To have im posed au adequate pecuniary fine would, 1 sujv pose, have greatly embarrassed him, if it did not result in a committal to prison for default of payment ; and either sentence, when once suffered, could not be revoked, lie had very 1 it-tie or uo practice at the Bar, which a suspen sion would affect, and the door was thrown widely open for his restoration. I have done with the case of Nuliam New ton, and proceed to notice some other matters whiuh I have heard were made subjects of complaints against me. I was informed Lhar some of the memorial ists when before this Committee, in the latter part of February,complained that I had refused to appoint an Auditor, residing at the village of Troy, when, the coiironienee of the parties in interest required it. This committee will judge of niv surprise, when I find matted made the subject of complaint, which, at llietfme of the transaction, failed to attract piy notice.— Indeed.l affirm that at the time of the appoint ment of the Auditor referred to, no one was offended, as there was nothing in the matter, whatever, that could by possibility give camp For offence. But. it was necessary for the con summation of this wrong that sonje conqklaiiits should tie made, to '•onceal the tru6 motive of the movement ; and having nothing whatever in my official conduct to ground tliem Opon, somethflg must bo invented to meet tkc emer gency. U. Morcur, Ksq., had the control of two writs upon which a sale of real estate had been made, and lie moved the Court for the appoint ment of an auditor to distribute the funds. Stephen Fierce, Ksq., of Troy, represented a judgment ; and lie requested that the auditor sliouM tie appointed at Troy, saying he thonght it would become necessary for the auditor to take some parol evidence, and the witnesses resided in that viefnity. Mjr. Merenr objected to the appointment of an auditor twenty miles from the records, and stated that in his judg ment thp case would tie disposed of by the records, and that nO parol evidence would bo necessary. Thy Court was hesitating on what appointment to make, when the counsel in terested consulted together, and informed tho Court that they had agreed that the auditor should be appointed at the county seat, and after obtaining the record liens, if it became necessary to tako parol evidence, the auditor should adjourn anil hold a meeting at Troy. No parol evidence was necessary in the ease ; the auditor distributed the money on the record ' liens, and his repoit was confirmed without ex ception or argument. 1 have given the ease in its length aud ■ breadth ; and as 1 will prove it by tbo sworn statement of Mr. Merenr ; and, if a matter of this ordinary character is remembered, by the sworn statement of other attorneys and officers of the Court. Why is it that an irresponsible mvn, (Win. 11. 1\ ck,) is brought to the point of making out of a matter like this, a ch .rgc against me of partiality and political bias? Does it not. I clearly establish first, that no real ground <tf ' complaint can be found ? and secondly, that the real parties w ho stand behind' men of straw are influenced by motives of personal dislike, which thev would fain conceal under such frivolous charges as this auditor appointment ? In this connection, I desire to lay before this committee the record evidence of the liberality and freedom of the Court from all partiality towards political friends in the appointment of Auditors ;a matter wherein it uoifld be ensy for the Court to favor friends, it as a judge I had any friends to favor A young man (D A. Overton,) who is also wholly irresponsible, when before this Com mittee ventured to say. "that he believed I was influenced on the Bciujt by partizan con siderations " Not one of the mrm*t ii/ii'* of responsibility would say this directly and in |>FK loi Ktn rvcrj
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