, 1841-07-31

upon a subject, OF which | have some knowl-
edge, | have thought it my duty as a friend,
to the Judge TO notice them. Mr.. Moves
SAYS in substance-"That with the late Judge
Stephenson originated the charge against
him IN. of charging illegal fees or making
unlawful claims in his official capacity, a.
gainst the County!-That the Judge at one
time entertained the intention of instituting
a prosecution against him M therefor
and that the Judge only abandoned that in
tention when upon an examination into the
matter, he became satisfied in his own mind,
that he had Inexperienced the case, and
that his accusation could not be sustained,
and so stated to his particular friends and fami.
ly connections before his death-and also
that the Judge had become satisfied that
those charges were untrue, and SO stated to
different individuals-to prove which is ap-
pended the certificate Of B. H. Lovelace
and VIM. Penix. Mr.. Lovlace SAYS as ap-
plicable to this subject, in substance-that
about the LIST Of April 1910, he lodged at the
house of Judge Stephenson-that the accu-
sation Of illegal charges became the subject
Of conversation, that Judge Stephenson said
that he had intended to prosecute Noyes-
but that after taking counsel in reference
thereto, and getting information as to the
practise in such cases, he had become satls6-
ed, that the accusation could not be sustain
ed-and Judge S. gave him fully to under
stand. that the Court would have prosecuted
said Noyes, if they had not become satisf.
ed, that they could not sustain the charges of
illegal fees &c. Mr.. Penix says that Judge
Stephenson in the spring of 1910, on more
than one occasion upen the subject of NJ. J.
Noyes having charged illegal fees &C., and
particularly in reference TO the tax list of 1899
made to him substantially the same state
ments, which Mr.. Lovclace sets forth as hav-
ing been made to him-viz. at Judge Ste
phensons own house during his last lines.
As the above extracts from the address,
and the certificates contain some assertions
OF purposes Of action of the late Judge S.
and Of changes Of opinion having taken place
in his mind, at variance with my knowledge
of the subject, | cannot in justice to the
memory Of that much lanented citizen suffer
them TO pass unnoticed.
/ certainly claim to know the opinions and
purposes of the late Judge Stephenson upon
the subject mentioned, during the whole
time the same was under consideration by
the Court, from Nov. 1889, to Feb. 1910,
and until within a few days of his death
which took place in June following--which
knowledge | obtained, in frequent confiden-
tial conversations with him, while under con-
sideration, also at the adjourned April Term
l840--and the last time at his own house on
his death bed, and as above stated within a
few days of his death. In al OF our con-
versaiions, in which | believe he was perfect
iy unreserved in giving his opinions and
views on the subject, he never expressed but
one opinion to me in relation to those char
ges, which was, that the charge Of Mr.. Noy-
es against the County for services in rela.
tion to the County Revenue of S46,46 was in
his opinion illegal, and in violation of the let
ter and spirit Of the law, and for which he
ought to be prosecuted.
In those conversations also learned, thai
the subject Of the above charge was brought
to the attention Of the County Court, at the
Nov. Term 1889, was held under considera-
ton, At one or more adjourned meetings Of tie
Court between Nov. and Feb.-and definite
if not final action had thereon a, the Feb.
Term l840--at the several meetings Of the
Court, and until that final action, Judge Ste
phenson uniformly advocated a prosecution
against Mr.. Noyes for a misdemeanor in Of
fee. The Judge always expressed his en-
tire conviction Of the illegality Of the char
ges or claims, and that his duty as a public
conservative officer of the County, having
charge of such matters, imperatively requir-
ed him under a sense of that conviction to
advocate the prosecution, and never abandon
ed his purpose Of prosecuting, but from a
lack of power to carry it into effe~t by be-
ing overuled by the other Judges. Judge
Stephenson being for filing charges-Judges
Stark and Philips against it. The Court
then governed in its action by the two lat
ter Judges, decided to consider the charge
or claim Of Mr.. Noyes, as an error of Judg-
ment, which they would correct, and thereup.
on did correct, by allowing him in effect
$4,25 for the services which he had been be-
fore allowed & paid S46,46 by entering their
order or judgement-that he pay $42,2l the
remainder thereof into the County Treasu.
ry,-Judge Stephenson protesting against
the decisions of the other Judges, and enter
ing the same on the records of the Court
Judges Stark and Philips, who by beng the
majority, directed the action of the Court,
might have been and probably were in.