The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-02-29
I'd. For incompetency.
Sd. For naplect of duty.

from DR.. A. B. McGinnis showing that
Judge Hindman, on account of severe
illness, could not be present at this ses-
sion of the Legislature to defend him
self. The same gentleman read letter
from this physician, asking on behalf of
Judge Hindman, postponement of the
case until the Summer session.
Mr.. GOFF presented letter from b.
Wilson, Esq, counsel for Judge Hind
man, asking for n postponement OF the
case.
Mr.. NEWLIN thought that these let
ters were designed to evade discussion
of the case at this session, and then
proceeded to discuss it, and claimed
that it could be proven that Messrs.
Miller, Houndshell and other rebel at
torneys had been admitted to practice
by Judge Hindman, and that this Judge
was not competent to lie a Justice of
the Peace. He claimed that as the
Court of Appeals of West Virginia had
decided the Test Oath for Attorneys
constitutional, discussion of that sub
ject ought not to be tolerated by this
House, and concluded by offering a
joint resolution reciting the charges,
removing Judge w. l.. Hindmaa and
declaring the office vacant.
Mr.. HEERMANS offered substitute
postponing the case until the second
Tuesday after the convening of the ex-
ira session of the Legislature,
Mr.. BLAIR did not proposel4o argue
the merits of the case but to consider
the question whether any man should
be tried in his absence, and when the
hand of God had intorposed to prevent
him from appearing. He discussed this
point at length, and showed that by le-
gal precedent, as we'll as from tie mo-
tives of common humanity, the House
shoald not proceed with II trial so im-
portant in its character and SO grave in
its consequences, in the absence of the
accused, when that absence was due to
no fault of his own but to the dispense
tion of Providence.
Mr.. FERGUSON said his duty was an
unpleasant one. Individually he would
not press this case, but his constituents
demanded an immediate trial and he
must respect their wishes. He knew
q great deal about this case, outside of
what appeared here, and he knew that
the opinion prevailed at his home that
the effort at postponement was a sub
terfuge to avoid trial. DR.. McGinnis,
upon whose affidavit the postponement
was asked was "a rebel and the
"Union" men had no confidence in him.
Cases were pending before Judge Hind
man, involving the validity of the
Test Oaths, and the people wanted
Judge Hindman out of the way 80 he
could not try them. He did not think
the Judge ought to try those cases,
with this trial impending.
He thought the only question at issue
was whether an error of opinion afford
ed Just ground for removal. If Judge
Hindman was in error in respecting the
decision of the SIpreme Court of the
United States, rather than of the West
Virginia Court of APT eals, he had COM
mitted an offence. Hc urged that the
tria! be proceeded with at once.
Mr.. T0MLINSON thought the issue
was not whether Judge Hindman was
innocent or guilty, but whether he
should be tried in his unavoidable alb
sence. He contended that the accused
should not be tried without being
present, and would vote to postpone the
case. So far as cases involving the va
lidity of Test Oaths, now before Judge
Hindman were concerned, he was en-
gagged in many such as counsel but
should not press them until the Judge s
case should be concluded. But even if
Judge Hindman were allowed to hear
them he had every confidence that his
decisions would be made impartially and
without reference TO any action of this
Legislature.
Mr.. HAGAR was friend of Judge
Hindman but would not trust him any
further as Judge HIS case was not
| like that of criminal, who when his
| trial was postponed, would be confined
| in iait where he could do no harm. He
could do much harm on the bench, and
the universal cry of the people of his
"deestrict" was turn him ou'. lie was
the warmest kind of a friend to Judge
| Hindman, but unless he was removed,
he would do great deal of harm, at
his spring Courts. He didL't want him
to make the Spring rounds" He liked
Hindman but he liked the "intrust' OF
his "loyap constituents more than all
! the men in the world, and must listen to
the loyal voice of his "deestrict'
which ssid turn him out at once.
Mr.. STEERE thought the purpose in
putting off the trial was to let into
practice more of the rebels, the men
who sought to break down the best
Government" &c, and destroy our
glorious littlo State" He recited the
usual phrases upon this subject.
Mr.. STEWART had been on the COM
mittee to which this subject was refer
red and had consented to the report that
the matter might be brought before the
House. The question before the House
was as to the continuance of the case,
! He favored such continuance. The
only evidence in point before the House
was the affidavit of Judge Hindman's
physician and until his crcdibility was
| impeached his evidence must be taken as
true; Judge Hindman was not here
because he could not get here. Every
argument against postponement had
assumed Judge Hindman's guilt.
| If the assertions were just and proper,
why have any trial at alli If they
were not proper they should neither be
made nor considered. He was opposed
to admitting the truth of the charges
before an examination had been made,
and when Judge Hindman had no OPP
portunity to contradict, and he was espe-
cially disincliped to be driven into this
hasty proceeding by the clamors of in
terested parties.
Mr.. STEWART continued at some
length, touching upon all the points in
volved in the discussion, and warmly
insisted upon a postpenement. He
closed by protesting against political
considerations governing the House. In
point of fact, they could not be urged
since Judge Hindman's loyalty" had
been endorsed by Governor FOREMAN,
who had appointed him, and by the
'loyal" men who had subsequently
voted for him, but whatever his politi'
cal views this House should not con-
slider them.
Mr.. FERGUSON was "a friend OF
Judge HindmaD," but owed duty to
his constituents which he must dis
charge. In obedience to their wishes
he would urge an immediate trial.
Mr.. BLAIR put the following ques.
tious to Mr.. FERGUSON:
lst. Was not Judge Hinduan appoint
ed by Governor Boreman On the recon.
mendation of the Union men of his sec.
tionf
I'd. Was he not afterwards elected by
| the votes of the Union men
| Mr.. FERGUSON had no personal