The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-02-29

that Judge Hindman WAS unhE Tor MA
position; that the object OF PostPoa lpS
the trial was 20 allow HindmAn 10 ho!9
the Spring Courts and that be Nouto
then resign. He was good fr1ena 70
Judge Hindman, but was better one
to the people of the sth Judicial district,
and they knew whether he ought 70 De
tried, and demanded his trial at the
present session.
Mr.. Stewart argued at considerable
length against proceeding with the trisl
in Judge Hind mans absence.
Amer argument by other gentlemen,
Mr.. HeeImans demanded the previous
question. The demand was sustained
and the main question ordered, the
same being on the adoption OF the SUD
stitufe. The motion to adopt was Io7t
by a vote Of p yeas to 81 nays.
The House then took recess until
AFrEKSooS SESSION.
The House re-assembIed at ~, p. m.
On motion of Mr.. Ferguson, of Ca
bell, the further consideration OF the
resolution removing Judge alndman
from office, was postponed until p. m
In the meantime the following bills
were read third time and passed:
Regulating the distribution OF the
school fund in Hancock county,
Changing the boundary lines OF Lin
colin county; Altering part of the d.
vision line between Tyler and WetZsl;
Amending the charter of the Little ha-
naWha Navigation Company.
At s p. M, the House resumed con-
sideFation Of the Hindman case.
On motion Of Mr.. SeWlin James n.
Ferguson and William Tomlinson
were sworn and examined as Witnesses.
Mr.. Ferguson testified that he was
present when Samuel A. Miller applied
to Judge Hindman to be allowed TO
practice law without taking the attor-
ney's oath. The motion to admit was
argued by Miller and by his counsel,
In favor Of the application, and by
himself, lMr. Ferguson, in opposition
ton At the request of the Judge. 1t
was known to him that Miller had con-
tinued to practice law without taking
the test oath. he was also; present al
the Cabell Circuit Court when appIica-
lion was made by D. 8. Hounshell TO
practice law without taking the test
oath, and was admitted to practice
without taking the oath. he stated
that both these gentlemen admitted In
their applications that the could not
take the oath prescribed as they had
participated in aiding the rebellion.
SO far as Mr.. Price was concerned, he
stated that he was not present at Raj
eigh Court House when Price ap-
Piled for admission, but had heard the
order admitting him read. The decis
ion was made in both cases after the
decision of the Court of Appeals of this
State, that the law was constitutional.
As to Miller, his case WAS the first In
March last. BE (FergusOn) argued the
case, although the decision of the
courts had decided against admitting
Mr.. Ferguson under compulsion
\ gave his opinion that Judge Hindmau
Was not competent for his position.
1 NJ TpFTN1Hn1nTH I,
| present in March last, at CAbell Circuit
Court. when Samuel A. Miller applied
| Tor admission to the bar without taking
| the test-oath. Miller was admitted OF
taking the usual Attorneys oath. Wai
| not required 10 take the Attorneys test
oath. Was not present when Price anC
| Hounshell were admitted. Knew moth
ing about 1t. Thought Judge HindmaI
was not competent for his position.
Mr.. Ferguson and Mr.. TomlinsoI
We're excused from voting on the reso
luton.
The preamble and resolution wer,
taken up and adopted by sections.
The vote on the third resolution de
claring the office of Judge of the Stl
Judicial District vacant, was taken un
der the operation of the previous Ques
ton demanded by Mr.. Sleers. The vot
was as follows:
YEAs-Messrs. McWhorter, (Speaker
AdRmsOn, Allison, Bender, Billmyer
Blair, Boggess, Chambers, Crane
Fleming, of Marion, Fleming, of Har
rison, Ferguson. of Marshall, GOT
Gold, Gregory, Hagar, Harrow, HeeE
mans, HinChman, HOwes, James, Jar
rett, Mahon, Mann, Martin, Nicolas
key, Newlin, Ptnnell, Pope, Powell
Richmond, Riddle, Smith, Spauldinp
Steere, Tabler, Waggy, and Welch-3s
SAYs-Messrs. Chase, DAWSON
Hervey, Huffman, Jacob, Miller, Nor
gan, Parker, Stewart and Woodford-
The preamble and resolutions wer
then adopted as whole.
Adjourned.