Staunton vindicator and general advertiser. (Staunton, Augusta County, Va.) 1858-1860, 1858-05-15
10 the Voters or Augusta Eou;fy,

My competitor for the Clerkship of the
Circuit Court, Mr. James Cochran, has
published IN the last Spectator, card ar
raigning me for delinquency in my official
conduct, as Clerk and general Receiver Of
the Court. will not stop to enquire what
patriotic and disinterested motives have
prompted him. on the eve Of the election,
to bring his charges before the public
through the newspapers He has also at
the points Of the County where have met
him, preferred the same charges, and ! fiat
ter myself, that in my defence, | have sus-
tanned myself and retain the confidence Of
those who heard us but his mode of war;
fare may render it impossible for me to ex-
plain the subject fully and show the iajus-
tice Of charges which, by personal interview
and exhibition Of papers, can make mani
fest to any unprecedented mind. Ii is an
easy matter to make charges with show of
cause against an officer The best and
purest men who have ever held Office have
been unjustly arraigned and have suffered
for the alleged wrong doing in discharge Of
their duty. And while ! do not claim ex-
emption from error. yet trust I shall be
able to show that I have done my duty I'M
der the law alluded to, and partially quoted
by Mr.. CT not literally, substantially,
50 as that the intention Of the law, if not in
form, certainly in spirit, has been fully an
swered. Older, if not better lawyers than
Mr.. COCHRAN, have concurred with NE in
opinion, that it is utterly impraetieable to
carry out the provision Of the lst section Of
the law, to the extent. which. seems contem-
plated. The Clerk is required to report to
the Court "a statement which will show in
eelsimns the name Of the suit or
other proceedings III which any money has
been heretofaY. paid into the Court or Bank
or other place Of deposit, or to any person
specially appointed to receive the same,
&C." Now it must be borne il mind that
the Circuit Court Of Augusta is the success
sor Of the Staunton Chancery Court, which
was established in 1901 and included all
the counties west Of the Blue Ridge: that
about 1912 two other courts were establish
ed in Western Virginia, and about 200 Of
the suits were removed from the Staunton
Court to them, that to comply literally with
the law | would have to 60 to the Clerks
Offices OF these, then, new Courts. to obtain
the necessary data IN part and further It
will appear from the records Of the Court.
that there has been appointed at different
periods OF time numerous special receivers,
authorized to collect and hold or paw out to
those entitled, large sums Of money
| hazard the assertion, that ia 10 ont Of
~ such cases, no reports have been return
ed, and how then, let me ask, is il possible
for such law to be strictly complied With
1 have always kept in each case, i, which
money has been paid to ,ae al receiver >
full and plain account Of the amount It's
accrued interest, &c. These statements
have been in the papers at each term OMEN
to the inspection of all, whether Interested
or rot. And While ii may be said that such
statements did not, in form, comply with
the law, veto al intcnts and purposes they
gave the Court and parties all needful Or
desirable information, and I have always
complied literally with that portion Of the
law which says ;'' "A hen required by the
Court 50 to DO, 10 furnish st. tnu.ont Of Tie
amount subject to the order Of The Court in
any case pending therein" mr.. 9 admits
1 did make one report embracing three
months transactions from July to Novem-
Der, 1857, md then with much triumph,
asks: --'I If it was practicable to report for
those three nortas, Why oeall rot Mr. K
make full report Of oil snond-s raid into
court and undisbarsed, as is positively com
iaaness OF am to Go under the law, and
monies in his own hands, as GEN
sfal receiver, fol the rs years prior to this
report = Gan It be possible, { ask Mr.. G.
that he he's forgotten tie fact, that lie call
ed at the office short time since, and ask
ed for ny report as general receiver, wbfca
was handed to and examined by him. re-
port embracing all tie cases remaining IN
my hands, unsettled from 1885 to the June
term 1887, with tie exception Of three or
four eases which report my inability to
state, until could see and settle with some
parties, ard which [ would embrace il q
special report ct the Jane term, 1857,
at my instance my accounts were referred BY
the Judge to Master Comr. join n. Hen
dren fer examination and settlement, and
ia the order Of tao Jldge ii regard to MY
duty under the Est sect, he says: "Aad
as it is a work requiring time, laber and
research into the records Of the Court,
ti,ae is ''allowed him, the Clerk, until the
lst day Of the June term nezt (1S58) to
make his first a,egest or statement" at TIE
November term, 1857, I made q report,
Commissioners. Henaren made enc also, and
the Judgeaentered an order-they viii speak
fox themselves. I hereto append copies
marked 4, B, and G, AID invite fer them
a carefal reading
Bat the part Of Mr. Cochran's card which
took me most by surpriza and gave me
greatest concern, is that in which lie intro
duces, as if by authority, the evidence Of
Mast. Comr. Hcndren, to prose shat lie
had repeatedly applied TO me for the desir-
ed information, that he might execute, the
special order Of reference, and that had
not furnished it. If this were true might
apprehend damage from the card If NV
{ knew there was great mis-
take somewhere, aud | have called ca Comr.
Hendren and enquired if he had authorized
Mr. Cochran, to make the assertion. His
reply was Gas ] knew it must be) that it
Has unauthorized, and that he had never
called on me at any time, to furnish him
with the necessary data as be had never
come to the conclusion that in justice to the
mass OF equally important business before
him, he could undertake to settle an ac-
count which would necessarily take great
length Of time and lalor. With this denial