The Arkansas advocate., 1833-03-20

ifeVte that's ssti -s. ' sis4 l tho proofs before them, there can be but one opinion as to the question whether a sufficient ground foran Impeachment is made out or not, the committee have not supposed t necessary CT important 10 report to the House, in detail, either the charges or tho evidence on the one side or the other.
 Judge JohnsonapRears to have filled tlie office ofjudge of the superlofeourt of the Arkausas Territory, under sever al appointments, during period oi twelve years. The general cnafges a. gainst him, are, iavoritsm or paftiality To particular counsel 4h the trial of causes; irfitabllity Of temper. and rude ness on the bench towards his brother judges and the bar; ineapacily, mani- 5fested by yaeillating and inconsistent course of judicial decision, andhablinals #mtemperanee. In making out speeih- cations under these several heads, the. memorialist does not cenline himself 10 the term of the judges office which IS just expired, but the whole period oi bis judicial administration Arkansas Els reviewed; and, after all, il may be stated, that four cases ont are brought to the notice of the House hy the eYi. dcnoe-ihe trial of iierod, House, and
 Woods, for the murder of Melborne, be- iitsg ing regarded as- enc case itl which tisyo- ritism or paftialiiy is alleged ohare In- ilueAccd him. There are facts stated in the case of IIefoa, House, and
 Woods, and in the case of Embrce, which are no doubt true. as they are stated by members Of the bar ef eharae- ter fof yeracity; but theinlereHces rom those facts appear to the committee 10 be strained, being generally those of ui,- successful counsel; and, upon looking into the expIanatory evidence furnished ln behalf of Judge Johnson. not 10 be
 warranted by thc eifeNmstanees of the whole case. For example, the dis charge of the first jury empanneIlcd 10 try Iierod, after they had had the case submitted to them, and held 1t under eonsideralionloGon night oulY, without any charge of improper conduct iasthe Jury, was supposed to furnish evidence Of desire 10 oblige the counsel for ztlerod; but no such inference appears to be justified upon an= examination of allthc facts of the case. The discharge of one jury. and the emI annclling of a second, for capital offences, appears 10 De considered no irregulariiy in tlle practice ofthc courts of Arkana gas. when tic jury cannot agree; and, in this case Ii Is not alleged that they could have agreed. The just empannelliag of tho second jury, and the peompt discharge oi the prisoner at the same ternasof thc court, are. in the opinion of the commit tee, in themselves strong circumstances laiaVof of the innocence ofthe judge.
 h the cases of Embree and Da1ion. the exp iii;'iiato55 evidence appears totisr- committee in like manner to overthrow the inference ofimproper motives of the judge.
 Ills refusal losign bill ofexceptions, otiiii ne Was repeatedly pressed b4 eounseito doso, Is made serious charge agansthlm. sIae evidence furnsaess py the Jadga, under this charge. mako It probable that the whole charae is founded m mistake; but, as tl.e blH is admitted by both parties to have been signed, the charge does not appear worthy oi the importance attached 10 it.
 As tothe general charge ofincapaci. 'y7aha all inconsistency In judicial de elsion, rendering the court of lus,,ce wholly uncertain, the general tesiunony pore y 50 many persons ofrespeetabiii.. y to the legal learning and ability ol 'tage Johnson; and the specific taci winch is stated by several, that in no case has decision Of Judge Johnson ;,, the circuit court, been reversed in inc suPefior court, appear te be sufficien, s;ct;itiitioi,. ss's
 The charge ofintemperance, ,ahhouoh supported by proof of excessive ind'sl' gence upona few occasions. docs not appear 10 be well founded, to the5 ~ tent alleged by the memorialist. qbe testimony upon this point, as well as ii, s,eia'soh :, 10 the general integrity. impar- alall,5' and ability of Judge Johnson. is ample, and, in the opinion of the com mlttee, conclusive. Tie Governor of. the territory, . large portion oft the bar the clerks oi sll his courts in his eircn;i reierks holding theiroiliccs by inc s,r irages of the people in tI,eir respeet;sa eoai''ies' iogetlcr with many others ;o pubic stations, furnishthe most dec;doa and , unequiVoeal testimony in favor afI the general uprightness and nro.r;,,,, ,y, z, ol Judge Johpson's conduct both as judge and prixate eitiznn oo.' 's 2