Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-12-31

,icaon, with the view of ascertan'tg whether there
existed such prma aeic evidence IS would justify hcIn
- any u!teror action to be taken by n
Horse Il however pleased the House OF Delegates 10
in;crposc lis authority before they had ob'alned inc
m aus OF pursuing the investigation III that io!n aho
in lieu Of H. ty resolution I" ';sfuci them IT evc, 10
lini, their examination 10 The face oil SAID memorial
This res LUTON IS IN tic following words, TO SIT,
uPeseis;a That the Speca. Committee to whom was
referred the Memorial OF Martin I. Bonke, preerr'ng
charges asans, the Honorable jain Scoi, orc OF the
Judres OF the General Cout o! Virginia. be instructed
10 repor to this House whether any OF the charges III
the said memorial, set forth therein, are such as
come within the cognzancc of this House, and II any,
what such charges are: the prope- mode OF proceeding
in the investigation thereof whether ny Impeachment.
before the Ssaac, or concurrent vote OF boih ionses
and any other matter regarding the mode OF citing the
accused and the form vi procedure, deemed by them
expcd;cn.
Pursuant to which, The committee have strictly con-
fined their examination 10 the face OF the memorial, Of
course taking it, obedience to the obvious sense OF
said instruction. tue without reference TO any evi-
dcnce aundt: and now beg leave to submit the follow
ing as the conclusions hich they have been implied
by TIM; course cf investigation, 10 wit:
lst That in the opinion of majority OF the commit
ee an i,npeachahie offence is embraced under toe H.
and ILL., heads or specifications Of the memorial taken
in connection
The facts alleged in this part of the memorial IN
substance are That Judge Scott suTsep,itousiy and
fraudu!er,y obtained possession OF number ct vans'
Die private papers belonging 10 the estate OF F. w
Brooke dec d, the whole greater portion of WHICH,
furnished evidence OF pccuniary claim TO large
amount fer which said Scott in part respnnsibe-
That h9 wing thus possessed himself of sa'd papers, lie
secreied and Withheld them from the administrator "'
said Brooke, aud finally extof.ed hy means o their sup
preston settlement most unjust end injurious to said
estate and in IN equal degree advantageous to himself
And furthermore that among said papers was orc cY''
dcncng tho povmen By the said Brooke, in lis lifetime,
ora bond Of s:247 c5ecncd hy HIM to certain Alex
Dnu7iben Kelly, the having been gwen IN par,
discharge n exccuons against Steptne G'catii
vci Bound the property Of said Pickett purchased a!
Ter enanai;on of sad executions, by SAID scott fho
r. W Brooke That SAID bond although thus pad, 'Eas
cancelled BY the parties during their lives: ihnt al
length he said Brooke having died, and shortly after
the said Kelly The executor ri the letter finding SAID
bond among his pers sn thereon, against the
admir- illustrator oil said +. w Brooke. Tint "lhs sui;
came on for trial the October term l537, OF the Sn
perior Court OF Law for the county OF tauquer 1uge
Scott presiding" Thst 81, earnestly argued on
he part Of Brookes Estate that this bond must have
been Unchanged and Inc evidence in come way tnis.
laid Eu, there stood the bond unsa,slcd on lis face,
and ile Jury brought III verdict against Brooke Is
tate" That facts recently developed shew that said
r,opr which affords the evidence of the payment OF
said bond was NJ the time OF said trial, III the hands
uc sqld Scott nevertheless, that he presided at ead
trial permitted verdict 10 he rendered IN consequence
of lis non production, and finally signed the Judgment
tor lie amount tIttcpi, WIN l!!'t.fst
ing The time that SAID paper was IN his posses
srou, The same having been suTreptously se'zed and
secreted hy him above mentioned.
In the opinion Of majority of the committee, the
foregoing statement, upon lis face, involves charge Of
ra!.Gdm,nsira;inn o! 1sce, attended by circnms'an
ces peculiarly aggravated and Aagitious character
and tha in reference thereto the proper proceeding
voald b. by impeachment.
ID That the facts, &c, Get forth in the memorial,
under the ". head specification, especially taken
in connection With subsequent part of the memoir
al, in which the charge is Expressly made IN the opn
ION of majority Of the committee, exhibit charge
aganst Judge Scott Of Tie h6hiua practice of corrupt
partially VIXEN the discharge Of his official duties,
which should subject him 10 an impeachment
Sd Tia, tie facts, &C. as set forth IN said mcrnori
al under The v VI, VII aid VII. beads or sPecliica.
tons, Involve the charge against Judge Scott Of the
hah,ual and public indulgence of tur5ulen. spirit
aud reckless violence OF conduc; and department,
inconsistent with the public peace good order and cor
rec, morals of society and utterly al war with ms duty
; conservator o.! the peace.
One Of these specifications, amongst other things,
contains charge Of his having ION occasion after
an outrageous pu5iic assault upon the Honorable
Charles Fcu,on .lercer) challenged that gentleman
to personal conflict the p:obabe lssue OF which would
1yc been the death Of one if not both of The parties