The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-02-21

the said Ferguson, was cnaIacterizeu
as "pardoned thiet,y ana Inc Prlvll-
that its members were associated with |
and led by a "pardoned thief"
Your committee is free to express the /
opinion that the House would have !
considered the matter wholly unworthy |
of its notice, coming as it did from pa |
one occasion, published slanderous ar
ticles against members of both branches
of the Legislature, and reiterated them
after they had been refuted to the salts
faction of all candid men, showing that
it is conducted on the principle or
maxim that "a lie well stuck to
is as good as the TRUTH" but for the fact
that in this case documentary evidence
was produced, showing that said Fer
guson stood indicted for the crime of
grand larceny in the Circuit Court of
Boyd county, Kentucky, in which in
dictment it was alleged that he did will
fully and feloniously take, ssteal and
carry off carpet bag and contents, and
an oyercoat, the personal property of
John NJ. Burns; and that at the April
term of said court, in the year 1866, he
did procure the dismissal of said case,
then pending in said court, by the pro-
duction of a pardon from the Governor
of the Commonwealth of Kentucky.
Your Committee felt it to be its duty
| to investigate, as tar as it was able to
| do SO, the question OF the fact alleged
| in the indictment; as the relations be-
tween members of this House are such,
so far as their official duties and inter-
course are concerned, that it being once
established against any member that
he is t'a pardoned thief" then the
charge against the whole membership
OF the House, as to association at least
of an official character, would neces-
sarily hold good.
! Your Committee desired to give the
matter fair, candid and thorough ex-
animation; for, Notwithstanding the
implied endorsement of Mr.. Ferguson,
by the loyal people of Caben county, in
! choosing him as their representative in
this House, and Notwithstanding the
presumption of law, even though.a man
stand indicted for crime, in favor of his
innocence, until his guilt shall have
been shown by evidence, yet your Com
mittee could not shut their eyes to the
fact that Mr.. Ferguson's enlargement
was procured by an act of executive
clemency, nor to the spontaneous con-
clusion that must arise in the mind OF
every man, that this fact, unexplained,
carries in it an implied confession OF
Mr.. Ferguson's accuser, the proprie-
tor of the Register, was applied TO by
the committee, through its chairman,
in the accompanying correspondence,
~
evidence; but as the letter marked E
elected no response, and more than a
week has elapsed since it was sent to
him, your committee feels warranted
in the conclusion that he was willing
to rest the matter on the documentary
evidence to which reference has been
made.
Mr.. Ferguson was also requested to
furnish any evidence he could to excul-
pate himself, but has furnished but lit
lie that your committee can accept as
evidence.
The evidence of Capt. Ramsdell, who
saw the parties come off the boat on
, which the crime is alleged TO have been
= committed, tended to confirm the state
ment made by Mr.. Ferguson to the
| House, in regard to his condition and
! also showed that the overcoat of Mr..
Burns, alleged to have been stolen by
= said Ferguson, could have been of nc
, value to him for his personal use, as ii
was much too small for him to wear.
: 1t is, perhaps, the duty of your Com
t mittee to state thar, upon his own re-
quest, Mr.. Ferguson was permitted &c
/ make to the Committee, a statement
under oath, in regard to the matter;
claim the weight of evidence, except
the admission of the fact that he did
: consent to the use of the pardon refer
red to, to procure his dismissal from
the custody of the Court.
Your Committee are disposed to take
Mr.. Ferguson's statement of the affair
/ in regard to the circumstances attending
) it, so far as his condition is concerned
rs true; but cannot accept the plea OF
intoxicatiOn as an excuse for crime.
In conclusion, your COMMITTEES
feel bound to say, that whilst
ed to adduce any testimony to
strengthen the documentary evi.
: dence which he has produced, Mr.
Ferguson on his part has failed to pro
) duce any evidence to weaken the force
of the documentary evidence produced
3 by the editor of the Register in justih,
: cation of this charge.
l Your committee have thus endeav.
: ored to present Il plain statement OF the
) facts of the facts of the case SO far as
! they have been able to develope them
and it now remains for the House t
/ determine whether any and what fur
Their action it may be proper to take il
the matter. L. NJ. HARRIS,
( j. w. CRACRAFT,
: tr" s. s. SPENCER,
, GEORGE KooNCE:
The undersigned, members of the
committee, concur in the following, viz
That without deciding on the actua
I guilt or innocence of Mr.. Ferguson, 6
? question that they have no means fully
. TO investigate, they yet think that the
= legal aspect of the case, from the evi.
dence before the committe, is such that
t a proper regard for the honor of the
House would lead Mr.. Ferguson tc
disembarrass it of the implication now
; resting upon it, by resigning his seat
3 T. NJ. HARRIS,
S. S, SPENCER,
Z j. NJ. BICREL.
The report was accompanied by the
I correspondence between the Chairman
} of the Committee and the proprietor Of
the Daily Register.
Mr.. Williamson, from the Special
COMMITTEES, reported n bill to appro-
} pirate 5000 to the Commissioner oil
J Immigration.
Mr.. Ferguson called up the substi.
tuta reported by the Judiciary Com
!; mittee, in place oftheir original resolu.
: ton on the subject of the Code, pro-
: viding for the appointment by the Gov
ernor OF not exceeding three revisors,
to take up the work where Mr. Lamb
: leaves it, and complete 1t, and reliev.
} ing Mr.. Lamb from further service
: The substitute was adopted. THE sub
stitute was printed when reported some
} days ago.l -
; The following House bills were pass
The bill authorizing Henderson 81.
Beall to build mill dam across Elk
river.
The bill incorporating the Oxford and
) Greenwood Turnpike Company.
, The bill prescribing the apportion-
J ment of the school fund in Monroe,
Greenbrier and PocahontRs. ,as
The bill to amend the law respecting
the assessment of real estate.
The bill to amend chap. 81 of the Code
of Virginia.
r The bill suspending payment of tax