Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1858-04-22

only regretted the view lho Aourt hdu laheh
Of it,
MrNewtou took certiordri and carried the
matter to the Supreme Court but instead oi
permitting the records to be made by the Pro-
thonotary, and in his office, he took the files
from the Office, against the remonstrance, and
desbite Of the efforts Of the Clerk, and made
up the record himself, attaching such papers to
it as he saw fit. 1t was in this way carried in
10 the Supreme Court where no one appeared
against Mr. Newton, and no representation
was made of the true facts of the case. The
order of suspension was reversed and in April
last Mr.. Newton filed in the ProthonotTy'S
Office of SnsqueEanna the remitter from the
Supreme Court, but no part of the records he
had taken therefrom, but has said records still
in his possession.
Such respectfully submit Is the true histo
.ry and facts of the case, which the memOri-
alists were pleased to cite as " the case of Ma
ham Newton, known to the legal profession"
In some points the latter part Of the statement
is proved by the affidavit Of Mr.. Frazer, the
Clerk, which is here submitted. The other
matters | will prove from the record, if it can
be got unmutilated from the hands of Mr..
Newton and by statements Of WIN. JeSsup
and other members of the Bar, time being al
lowed me by the committee for that purpose I;
which request IS reasonable, this charge having
recently been made, and then not before the
Committee, but through the public press. L
hope those will survive me to whom my repu-
tation will be dear, and | intend in this case
to leave no shade of suspicion resting upon my
official integrity L intend to meet every charge,
direct or inferential, implying stain upon my
character or the integrity of my acts.
| submit, if under the statement have Civ
en-, there is anything in the case of Naham
Newton, rejecting upon my motives or my
clemency as Judge. Ny relations with Mr.
Newton had been uninterruptedly friendly; and
declare that in making the order of snspea-
sion, was governed by desire 70 impose upon
him the least punishment possible, at all coin
menSurate with bis contumaciOus offence To
have imprisoned him even for few days would
have been to disgrace him. To have i'm
posed au adequate pecuniary fine would, | sup
pose, have greatly embarrassed him, if it did
not result in a committal to prison for default
Of payment and either sentence, when once
suffered, could not be revoked He had very
little or no practice at the Bar, which suspen-
sion would affect and the door was thrown
widely open for his restoration.
| have done with the case of Naham New
ton, and proceed to notice some other matters
which | have heard were made subjects of
complaints against me.
/ was informed that some Of the memorial
lists when before this Committee in the latter
part Of February, complained that had refused
to appoint an Auditor residing ut the village
of Trey, when the coIHenienee Uf the. parties
in interest required it, This committee will
judge Of my surprise when | find matters made
the subject Of complaint which, at the time Of
the transaction, failed to attract my notice
Indeed | affirm that at the time of the appoint
mcnt of the Auditor referred to- no one vas
offended, as there was nothing In the matter,
whatever, that could by possibility give cause
for offence. Bat it was necessary for the con-
summation Of this wrong that some complaints
should be made, to- conceal the trus motives OF
the movement and having nothing whateyax
in my official conduct to ground them upon,
something must be invented to meet the euler-
gency.
T. Mcrcur, Esq, had the control of two
writs upon which sale of real estate had been
made, aud he moved the Court for the appoint
ment Of an auditor 10 distribute the funds.
Stephen Pierce Esq, of Troy represented
Judgment and he requested that the auditor
should he appointed at Troy, saying he thought
it would become necessary for the auditor to
take some parol evidence, and the witnesses
resided in that vicinity. Mr.. Mercur objected
to the appointment Of an auditor twenty miles
from the records, and stated that in his judg-
mCnt the case would be disposed of by the
records, and that no parol evidence wOuld be
necessary. The Court was heStating on what
appointment to make, when the counsel in
tcreStcd consulted together and informed the
Court that thuy had agreed that the auditor
should be appointed at the county seat, and
after obtaining the record liens, if it became
necessary to take parol evidence, the auditor
should adjourn and hold meeting at Troy
No parol evidence was necessary in the case
the auditor distributed the money on the record
: liens, and his report was confirmed without eX-
ccptIon or argument.
| have given the case in lis length aud
breadth aud as will prove it by the sworn
statement of Mr.. Mercur and, if matter Of
this ordinary character is remembered by the
sworn statement of other attorneys and officers
of the Court.
Why is it that an irresponsible man, WIN.
II. Peck, is brought to the point of making
out of Il matter Ike this, charge against me
of partiality aud political bias? Does it not
clearly establish first, that no real ground OF
complaint can be found and secondly, TINT
the real parties Who stand behind men of straw
are influenced hv motives of personal dislike,
which they would fain conceal under such
frivolous charges as this auditor appointment
In this connection, desire 70 lay before this
committee the record evidence of the lbcrahty
and freedom of the Court from all partialty
| towards political friends in the appointment of
Auditors a matter wherein it would be easy
for the Court to favor friends, ii as a Judge |
had any friends to favor
A young man (D'A. Overion,) who is also
| ,uhnllu irr..cAo1,.l.ln hen lAnfnra this Ennl-