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