The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1870-02-01

States for the District of Virginia,
against certain parties who had broken
open the store of the said Ballard dur
ing the late war; that after the said
Harrison went upon the bench, and the
discovery by the said Ballard of evil
denee in the county of Menroe upon
which to found an indictment, he, the
said Ballard, applied to said Harrison to
know whether a criminal proceeding in
this State against said parties would
affect the said BallaId's chances for re-
covering in the. State Of Virginia, in .
civil snit; that said Harrison informed
said Ballard that it would not, but
would add to his chances; whereupou
the said Ballard had the evidence
brought before the Grand Jury, and a
presentment was found against said
parties, to-wit: John r. Gleason, Joseph
Harrison, William E. Lunda, Robert
Gleaves, William Steptoe, Reece Gillas-
pie, John B. Young, James o. Young,
John Holbrook, and Amin Delong.
Upon said presentment q bench war
rant was issued, and application was
made to the Governor of this State for
requisition upon the Governor of Vir-
ginia, in which State the defendants re-
sided, to surrender said parties, which
reuuisition the said Governor of Virgin
ia honored, and issued his warrant for
the surrender of said parties, but no
proceedings have been had under said
warrant. Whilst the said presentment
was pending, it was suggested to said
Ballard that the said parties were will
ling to pay large sum of money If the
prosecution shonld be dismissed. The
said Ballard declined to become party
to q compromise of said prosecution;
but some time after, on or about the
day of September, 1867, the said
Ballard was approached by the said
Harrison, who remarked to said Bal
lard, that he, the said Harrison, had
been corresponding with the parties to
said presentment aforesaid, ever since
the presentment was found, and that
the said parties were now willing TO
pay something handsome to get rid of
said prosecution. Upon being asked by
said Ballard what the said parties were
willing to pay, the said Harrison re-
piled, some five or six thousand
dollars; and that he, the said Har-
rison, was going on to Mercer
and Mcdowell counties, and that if
he (Ballard) said so, he (Harrison)
would fix up the matter while he was
gone; but that in the event of his
(Harrison's) doing so, that he, the said
Harrison, must have thousand dollars
of the amount. That upon the said
Ballard's declining to have anything to
do with such an arrangement, and ex-
pressing his surprise that he (Harrison)
should approach him on such subject,
he, the said Harrison, remarked to the
said Ballard that if he, the said Ballard,
did not divide with him, he, the said
Harrison, would be God damned if he
(Harrisop) would ever enter o nOlle
prosequi, thereby corruptly suggesting
and advising q compromise of crimi-
nal prosecution.-See testimony of
Lewis Ballard, and copy of record in
suit of State of West Virginia IS. John
r. Gleason and others, herewith sub
mitted.
Thirteenth, That the said Harrison
permits parties to approach him in
private and consult him about causes.
Witnesses to prove this specification,
James NJ. Nickel, of Monroe county,
John a. Hunter, of Lewisburg, Mrs.
Letitia P. Lewis, of Sweet Springs,
Monroe county, Cyrus A. Rupert, Sam
uel c. Ludington, of Greenbrier coun-
ty, aud others to be hereafter produced.
Fourteenth, That in the trial of causes
the said Harrison takes sides with his
friends and flatterers, and against those
whom he holds as his enemies; and
shows his bias from the beginning to
the end of the trial, making it difficult,
if not impossible, to get just and fair
verdict of the Jury. Sec affidavit of G..
A. Sperry, A. Walker and other members
of the Bar of Greenbrier and MoITOe
counties, and also Bill of Exceptions
No. 6, in case of Kelly rs. Lewis and
Others, now pending IN the Supreme
Court of Appeals of this State, certi-
fed copy of which is herewith submit
ted. This specification will be further
proved by the testimony of counsel on
both sides in the case of Augustus Pack
rs. Amos a. Hansbarger, to wit Z. A.
Sperry and A. G. Tebbets, for plaintiff,
and Frank Hereford for defendant, as
to the occurrences on the trial of that
cause at the September term, 1869. in
the Monroe Circuit Court.
Fifteenth, That the said Harrison re-
fuses to set aside sales of land made by
special commissioners under DEGREES Of
court, when it is shown to the court by
uncxceptionable testimony, that the
land has been sold for grossly made.
quate price, except and upon condition
that the party making the application
will pay the commissions of sale aud
the costs of the first sale. See record
Of case, Wyatt's Administrator, or
Cralles' Administrator, et ais, and
Miller and wife rs. Wheeler, and also
testimony Of Samuel Price and c. A.
Sperry.
Sixteenth, In the case of Warren and
Church ps. S. A. NJ. Syme, in the Circuit
Court of Greenbrier county, upon a
rule against the defendant, to show
cause why he should not be fined and
attached for O contempt of court
in disregarding an injunction order
made by said Judge. He held
that said violation of said injunc.
ton was not in the nature of a
criminal proceeding, and permitted the
defendant to testify in his own behalf.
AL tne same TERM OF court, anu nov
more than ten days after, upon a rule
against Alexander Walker, to show
cause why his name should not be
stricken from the roll of Attorneys for
contempt of court, the said Harrison
held that the contempt of said Walker
was in the nature of criminal offense,
and the said proceeding against said
Walker in the nature of criminal pro-
ceeding, and refused 10 permit the said
Walker to testify. -,-,
Ssrentesnth, That the said Harrison,
at q special term of the Circuit Court
Of Greenbrier county, commencing in
the month of December last and con-
tinuiDg into the month of January fol
lowing, came into Tcourt one morning
with rule, prepared, against Alexaa-
der Walker, member Of tue bar Of said
court, to show cause why his name
should not be stricken from the roll of
attorneys; that the said rule was imme-
distely served, and the said Walker !