The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1856-04-11

fore ne decided to continue 10 employ him,
and not TO employ said Emery. But he e1-
pressly denies that he in any manner under
took TO interfere with the action Of the Gov
ernor and Council in appointing said Emery
or with tho right and privilege OF said
Emery TO act in discharging the duties OF
said Office. except in the employment of said
Court while in session rs the officer thereof,
but in deciding which Of said claimants he
would employ, he expressly declared that,
"upon such application The Court riH as
sumo no authority 10 determine rhieh Of the
parties is, under The constitution, the sheriff
Of The county, nor iriH The oour. infepose BE-
i,reea The claimants, except so far as may
BE- necessary for its orn protection and the
transaction Of It's orn business. All OF
which answers and statements, the said
Woodbury. Davis is ready to verify by certi-
fed copies Of record and the oral testimony
Of witnesses on oath before this Convention.
Wherefore the said Woodbury. Davis avers
that in all these proceedings, specified here
in, he has acted faithfully and impartially
in the conscientious dischage Of duties In
cumbent on him rs Justice OF the Supreme
judicial Court, in accordance with the pro-
visions of the constitution of this State, and
under the responsibilities of his official oath
to support the same, and he prays that this
answer may be entered upon the Journal Of
the Senate. WOODBURY. DAVIS.
This answer being read, Mr. Paine said
that the respondent had the right to ask
that evidence Of the truth of the allegations
should be submitted. and he asked that 1t
DO done and that he was also DESTROYS Of
introducing oral proof, to repel the charges
of offence: and Us the rules only allowed of
written alIidayits or statements, and for these
purposes, he had prepared and would sub
Unit motion to allow the introduction Of
oral testimony. The motion was as follows;
Motion for leave to Introduce Wit
nesses.
In joint convention Of tho members OF the
two branches of the Legislature of Maine,
April 5th, 1856, for the purpose Of ad-
hitting Woodbury. Davis, one Of the JUS
tees Of the Supreme judicial Court, to q
hearing in his defense upon certain charg-
O. against him, entered on the Journal OF
the Senate March 10, 1885,
And now the said Woodbury. Davis, still
adhering to his protest already presented,
and relying upon the same, respectfully
represents, that before he is heard in his de-
tense, il is incumbent upon the legislature
to introduce legal evidence to sustain the
said charges. Of which evidence he, the said
Woodbury. Davis, is entitled to have notice.
He therefore requests that the evidence in
support of said charges may now be pro-
duced in his presence, and that he may be
permitted To introduce and examine wit
nesses on oath in his defense, and to show
that there are no valid causes within the
meaning of the Constitution Of this State,
why the legislature should adopt an address
for his removal from Office, and he pnys
that his request may be entered upon the
Journal Of the Senate.
WOODBURY. DAVIS,
The chair said that under the rules the
motion could not be entertained.
Mr.. Paine then submitted written state
ments in the following ORDER
LIST. \ statement signed by Samuel j. An
dcrson, county Attorney of Cumberland
stating the circumstances Of call made by
him, accompanied by Judge Howard, on
Judge Davis at his chambers, for the pur'
pose of notifying him that the Sheriff qucs
ton would be brought before his Court on
the following Monday. The statement is az