The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-02-29

strong, Blair, Boughner, Chase, Cole,
Davisson, Fleming, of Marion, Flem-
ing. of Harrison; Goff, Heermans, Her
vey, Huffman, Jacob, James, Largent,
Martin, Miller, Morgan, Parker, Riddle,
Stewart, Tomlinson, and Woodford-4.
-Adamson, Allison, Bender, Bill
myer, Boggess, Chambers, Crane, Dun
nington, Evans, Ferguson, of Cabeli,
Ferguson, of Marshall, Gold, Gregory,
Hagar, Harrow, Hinchman, Howes, Jar
rett, Mahon, Mann, McClaskey, Newlin,
Pinnell, Pope, Powell, Richmond, Smith,
Spaulding, Steere, Tabler, Waggy, and
Welch-32.
AFTERNOON SESSION.
The impeachment of Judge Hindman
came up as unfinished business.
On motion of Mr.. FERGUSON, OF
Cabell, the Hindman case was postpon-
ed until p. NJ, to give chance for
the members to come in.
House bill No. % repeating the eX-
emption law SO far as it shall relate TO
road fines was put on its passage and
lost.
Mr.. FERGUSON, Of Cabell, moved TO
reconsider and the bill was tabled.
BILLS PASSED.
A Bill in relation to the distribution
of the school fund in Hancock county.
A Bill changing the boundary lines OF
the county of Lincoln.
A Bill altering the lines between the
counties of Tyler and Wetzel.
A Bill amending the charter of the
Little Kanawha Navigation Company.
The hour having arrived fer the con-
sideration of the case of Judge Hindman,
Mr.. NEWLIN opened with few re-
marks, and introduced certificate
from VIM. Merritt, Clerk of the Cir
cult Court of Cabell county, alleging
that Judge Hindman did permit rebel
attorney, named Samuel A. Miller, to
practice law in his (Hindman's) court
on or about the 22nd day of March, 1867.
The certificate was read by the clerk.
Mr.. ARMSTRONG wanted to hear
some evidence before he was willing to
cast his vote for or against impeachment
he looked upon this as something
more than an ordinary case.
Mr.. NEWLIN said the witnesses were
present.
Mr.. ARMSTRONG moved to examine
the witnesses, which motion prevailed
Mr.. BLAIR knew of no one present,
qualified to examine witnesses.
Mr.. FERGUSON of Cabell hoped the
House would not turn this matter into
farce-he desired the matter prosecu-
ted.
Messrs. FERGUSON and TOMLlN-
son were sent to the Clerks desk and
sworn.
Mr.. NEWLIN asked Mr.. FERGUSON
to state what he knew in regard to the
matter.
Mr.. PINNELL moved that Mr.. BLAIR
should appear in behalf of Mr.. Hindmau,
as his attorney.
Mr.. BLAIR objected to acting, upon
the ground that the case demanded
more attention that he could give it.
Mr.. SPEAKER ruled that an attorney
for Mr.. Hindman would be out of order
and would not be allowed.
Mr.. STEWART objected to going into
trial, rs Mr.. Hindman was necessarily
absent on account Of sickness.
Mr.. FLEMING, of Harrison, objected
to going into trial so precipitately.
Mr.. STEWARD then stated his OBJ
iections to going into trial to be-That
the offense is in the nature of a misde-
meanor and that the accused should be
present aud confronted with the wit
nesses against him.
The Chair ruled Mr.. Steward out OF
order as the House had resolved to go
into the trial. Mr.. Steward appealed
from the decision.
The House sustained the decision OF
the Chair.
The Clerk of the House then pro-
ceeded to read an interrogatory to Mr..
FERG USON to state what he knew in
regard TO Judge Hindmau allowing
Miller and other rebel lawyers to prac-
tice law in the 9Th Judicial Circuit.
Mr.. FERGUSON stated briefly that
Miller had been allowed to practice
law in that court without taking the
attorneys test oath, and that the opiu.
ion published in the Wheeling REGIS
TER Il short time ago, pnrpertin9 to be
the opinion of Judge Hindman was
substantially correct.
Mr.. FERGUSON was requested to give
his opinion rs to the capacity of Judge
HindnIan to act as Circuit Judge.
He objected upon the grounds ofdeli-
cacy.
MIR. ARMSTRONG insisted upon an
answer as to his competency.
Mr.. PINNELL did not wish to press
the answer; he thought We could judge
that matter ourselves as well as to
prove the points.
Mr.. BLAIR insisted upon Mr.. FER
GUSON answering the question as to
competency.
Mr.. STEWART hoped the House
would not press for an answer as we
might all differ in oar judgment of n
mans capacity.
Mr.. HAGAR thought we understood
enough about the matter.
Mr.. ARMSTRONG insisted upon pos
tive evidence, OF gave notice that he
could not vote for impeachment.
Mr.. FERGUSON said Judge Hindman
is not we'll read lawyer, and has some
physical disease which renders him per-
fectly oblivious, occasionally, when the
bar is addressing him; yet he looks
upoA him as an honest man.
Mr.. FERGUSON did not know of his
own knowledge that either Of the So
called rebel attorneys we're ever in the
rebel army.
He thinks that Hindman is as well
qualified now as whea Bereman ap-
pointed him, excepting in regard to his
physical disabilities. Mr.. Ferguson
xas questioned as to his belief in re-
gard to tue corruptions of Mr.. Hind.
man. He stated empbatically that he
did not believe him to be corrupt man.
Mr.. TOMLINSON was called on the wit.
ness stand and said in answer to writ
ten q uestions-
Last March Samuel Miller was admit
ted to practice in Hindman's courts with
out taking the attorneys test oath. He
knew nothing about Hounshell and
Price practicing in that circuit. He be-
lieved Judge Hindman to be high
minded, honorable and good citizen,
but did not consider him very able
lawyer, but thought we had some other
judges in this State who were net good
lawyers. Hindman acted as judge in
that circuit for several months under
the appointment of Governor Boreman,
and was afterwards elected by the peo-
pie, and had acted as judge for nearly
tive years.
The question was put" Did or did
not Hindman hold that the attorneys
test oath was unconstitutioAalfr
Mr.. TOMLINSON answered he thought
nor but that Hindman based tho IL