The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1870-02-01
The Harrison Impeachment
CHARGES AND SPECIFICATIONS.
In TIE House OF DELEGATES, !
J.nuary q. lS70.

1 IN Ink f1OUSE OELkuAiEo1 Z
January 25, 1870.
Mr.. Pierpoint, from the special COM
mi!tee to investigate charges against
Judge Nathaniel Harrison, reported
back the charges against Judge Hafri-
son, aud
On motion of Mr.. Pierpointit was
Ordered, That the charges lie on the
table and be printed.
To the Legislature of Rest Urginia:
The undersigned citizens and voters
of the Seventh judicial Circuit of said
State, respectfully represent that they
are sggrieved by having, as the Judge
of said Circuit, Nathaniel Harrison,
who, they charge, has proved himself in
every way unworthy of that high and
responsible Office; that he has usurped
authority and jurisdiction which did
not belong to him, aud that he is sdissi-
pated, immoral and licentious.
They charge specially
First, That he has been guilty OF taking
Jurisdiction of causes in which he is
personally interested.
SPECIFICATIONS.
First, In suit brought by Oscar Cal
lison against Lewis Ballard and Alexau-
der r. Humphreys, in the Circuit Court
of Monroe county, the partnership trans
actions of said Ballard, Humphreys,
Harrison, aud one Cyrus Newlin, and
William A. Monroe were necessarily in
volved. The said Harrison took juris-
diction of this canse, against the pro-
test of said Ballard. See copy of print
ed record in said case now pending in
the Court of Appeals of West Virginia,
and herewith exhibited.
Second, That in 1859 suit was brought
in the Circuit Court of said Monroe
county, by said N. Harrison as one of
the attorneys for A. H. II. Stuart,
trustee, &c., against one John A.
Spaugler and others, embracing said
Harrison as agent for one A. p. Stuart,
for the purpose of enforcing vendors
lien, arising upon sale made by said
Harrison as agent, IS aforesaid, to said
Spangler. That in 1860 decree was
entered in said suit, directing sale of
the land purchased by said Spangler.
Under this decree no proceedings were
had; but during the war the said Harri-
son received payments on account of
said debt, from said Spangler, In Con-
federate money. The said suit being
continued upon the docket of said
Court, and controversy being likely
to arise as to the validity of said pay
ment of Confederate money by SAID
Spsngler to said Harrison, the said Har.
rison at the September term, 1869, Of
said Circuit Court, caused and directed
an order to be entered in said cause, di-
recting one Alexander g. Mathews, as
special commissioner, and who resides
in the county-of GresnbIier, to take an
account of the balance of purchase
money due from said Spsngler on &C.
count of said sale, after giving him
credit for all payments to which he
might be legally entitled. SEQ copy of
record in said suit, herewith submitted.
Third, That some time before the late
war, the said Harrison, as attorney for
one Augustus A. Chapman, agent
for Roane and Johnson's heirs, brought
suit against one James Wylie and
others, in tho Monroe Circuit Court;
that after the said Harrison became
Judge, he was urged by the plaintiff to
render decree in said cause; this he
declined to do. unless it could be done
by consent Consent was refused, and
the cause continued. At the next term
decree was entered without consent.
Afterwards q notice was given by de-
PENDANTS to set aside the decree, for
errors apparent upon the face of the
record. The decree was set aside. But
since that time another decree has been
rendered, directing sale Of the land
mentioned in the bill. See copy of rec
ord in said suit and affidavit of Samuel
Price, herewith Submitted.
Fourth, That the said Harrison, while
Judge of the Circuit Court of Mercer
county, took jurisdiction Of the case Of
Samuel Packs administrator, commits.
sioner, &C., rs Kent and Watson's heirs,
in which he had been counsel before the
late war. Copies Of the records in said
suit will be hereafter submitted.
SECOND CHARGE.
That he has uulawfnlly and cortuptly
advised parties as to suits to be brought,
and as to the management and conduct
of suits in his CouIts.
SPECIFICATIONS.
First, That the suit of Callison rs.
Ballard and others, before referred to,
was advised and instigated by said Har
rison, and that he illegally and corrupt
ly suggested and caused an order to be
entered suspending the publication of
the late Monroe Republican, and seques-
trating all the effects of said ne wspsper
concern. See record in said suit of Cal
lison rs Ballard and Humphreys, and
aftidavlts of Lewis Ballard and Wilson
Watts, and testimony of A. r. Humph-
reys, to be hereafter submitted. Your
memorialists reserve the right to offer
further testimony in support of this
specification at future time.
Second, That a suit having been
brought in the Circuit Court of Green.
brier by Mathews, Mayo & Co. rs. the
White Sulphur Springs Company, and
William NJ. and George L. Peyton,
to enjoin, among other things, the
payment Of $500, which was due
to the said Peytons for the
rent of .torehouse, and on which the
said plaintiffs, as they alleged, had q
lien, the said Harrison voluntarily and
corruptly suggested aud advised the
said plaintiffs to amend their bill and
ask for an iDjuHction 70 restrain the said
Peytons from paying any portion Of the
rent due on account of lease from the
said Company to said Peytons, amount
ing, in the whole, to some SIC, ,000-to
any other person than his receiver,
Alexander R. Humphreys, the purpose
of the said Harrison being to deprive
the District Court of the United States
for the District of West Virginia, of its
jurisdiction and control over said lease
by said Company to said Peytons. which
the said District Court had previously
acquired in the suit Of Gay, strustee,
&c, rs. said Company, and bring the
said lease under the control of the said
Harrison's court.-See record in said
cases of Gay, trustee, &c, r,. White
Sulphur Springs Company, and
Mathews, Mayo & Co. rs. same
Company, and others to be here
after submitted. The allegations in
this specification will be further proved
by the testimony of Henry NJ. Mathews
and William NJ. Peyton, the former re.