Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1848-02-02
Upon which judgments agains. the accused

upon which judgments against the accused
is finally claimed which cautiously walks
round and cunningly avoids making that
charge, and then in conclusion, without
ever alledsing the fact to exist, assumes it
to have been made, and claims judgment
theFeupon? Could man be convicted Of
an affray, or even an assault aud battery,
on an Indictment Of this nature? Il there
pettifogger in Iowa who v ould expect
to sustain such an Indictment 10 there
a Justice Of the Peace who would not
quash capias and discharge prisoner
arrested on such an affidavit? And yet,
on such ali indictment as this, a sovereign
representative Of sovereign people has
been summary condemned and driven
from his seat in legislative body by a
bare majority Of his peers!! For shame,
for shame! that . body Of grave law ma
kers should be guilty Of thing which
would bring aqnibbling county court pet
tifogger into ndicule, and make the most
muddy headed justice in the State blush
and hide his face in confusion! They have
rendered our Legislative halls mock and
a by word, Kissing and scorn among
all men fany intelligence or sense Of
propriety, and the curse Of an outraged
and insulted people will forever rest upon
the shameless, corrupt and unscrupulous
triflers and charlatans who have SO dis.
graced the State. We cannot better ex.
press our idea Of their deserts, than by
quoting the language Of a contemporary:
In the hands Of every honest man should
be placed whip Of scorpions to lash such
scoundrels naked through the Streets"
Now to the testimony. Let us see what
evidence there is to sustain this compound
charge, and particularly the main charge,
which the preamble so cautiously walked
around. So lightly was it skipped over,
for fear Of putting foot in it," that the
coon track is scarcely perceptible, though
the scent is sufficiently strong in the i'm
plication.
And first, the Governors testimony
gives the lie direct to the assertion in the
preamble that Mr.. Kinsman "did notify
the Governor" Of his removal. Being put
upon his oath, and asked whether he had
received letter from Mr.. Kinsman, re-
signing his seat in the House, he answer
ed explicitly that he had received no let .
ter whatever from Mr.. kinsman.
For the purpose of bringing the testi-
mony within convenient limits, we will
here admit what MIR. Kinsman never de-
MED, to wit: that he did write 10 the Gov
ernor, notifying him OF his removal, or in
tention TO remove. This letter, from some
mishap, never reached his Excellency;
but it is perfectly immaierial to the issue,
whether it did or not.
Another point We are willing to coneede
that Mr.. X. was under the i'm pression,
when he removed, that his removal void
vacate his seat, and that he SO stated 10
certain persons who were sworn as wit
nesses. But his impression, one way or
the other, could not affect the question of
his rights or his duty to his constituents
The above are The only points material
to the issue. further effort is made to
prove that Mr.. K. had snid that he had
resigned. Neither does this fact, even If
proved by competent testimony, affect his
right, unless it be shown that he had ac.u.
ally resigned. a further examination of
the testimony adduced, would therefore be
superogatory, did it not serve to show up
in stronger and more glazing light the
whole machinery Of this revolving act.
The balance Of the testimony, therefore,
not affecting Mr.. Kinsman's case directly,
nor indirectly, only as it goes to inculpate
the political movers in this matter, aud
to show very clearly, as we
think, that their principal witness has
sworn to wilful fslsehood,
its further review will be deferred until
next week. So characteristic is the tes-
Iinony Of that graceless political ecaven.
ger, Fitz Warren, who in his testimony,
states that he performed
mission to Jasper county for the express
purpose Of dabbling in this matter, and
who scarcely suppresses boast that he
was the prime mover in it, that it is we'll
worthy the perusal Of our readers as po-
itical curiosity, and we shall lay it before
hem entire.
He is The witness, and the only one, who
swears that Mr.. Kisman said he had re-
signed-thst he had written to the Gov
srnor, resigning his seat; though dozen
witnesses were assiduously pumped with
he hope of eliciting something to sustain
he testimony Of "the Agent" Mr.. Kins-
nan positively denies this, and the con-
testimony sustains this denial
But, had we nothing but his bare word for
t, it would believed by all who know the
wo men, rather than the most solemn oath
of Fitz Warren, and of as many such veDsl
'camps as could be crowded into the hall
If the House. q
From all the other testimony, and all
he circumstances ofthe case, we do not
see how any one can resist the conviction
hat this Fitz Warren has deliberately
perjured himself. This remind us ofthe
remark Of an Intelligent stranger who hap
pened in the hall Of the House one day
Turing the session, and his attention being
attracted by the peculiar shape Of head
md cast Of phisiognomy presented in the
person OF ''the Agent" who was always
n attendance on the wing side of the
House, inquired with much earnestness oil
, by-stander, "Nho is that man?" His
question being tisfactorily answered, The
J. II