The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1870-03-02

| ~ TcCORulLcu duu OOhhi hlSA S1eS
1t said l should not only be tried, but
heard by counsel. Upon the t4ith OF
those assurances l not only employed
counsel, who have faithfully and ably
discharged their duty, but l have dull
gently prepared for my defense npon
the various questions of constitutional
as we'll as parliamentary law, which
arose in this case. On yesterday, only a
day before my trial, the Legislature, as
[ conceive, not only revoked the priv
iege it had granted He by limiting my
counsel TO only ten minutes in the dis
cussion oflegal points, but it virtually
deprived me of my constitutional right
to be heard by counsel without any
arbitrary Limitation as to time. II the
freedom lof discussion had been
abused by counsel the LegislaA
ture would have bad the right
to correct IL at any stage of the trial. II
had no right to assume that it would be
abused or that either myself or my couu'
sell 4uld do justice 10 the case in aspet Gu
of ten minutes. / deny, first, that the
Legislature had any right in joint con-
veption 10 try ny case. Second, deny
the validity of the notice. Third, de-
nv the sufficieacy of the service. Fourth,
| deny the tight of the Legislature 10
arraign me as Judge of the Seventh
Circnit for anything / did, or am sup
posed to have done as Judge OF dlt
| ferent Circuit. Fifth, deny.the truth
of every material charge or specitica-
tion which is preferred against me.
Upon each Of these four questions OF
law only ten minutes (three and one
third minutes to each of my counsel
and mysel) are allowed by your reso.
luton, and only three hours in all to
| The discussion of the evidence upon
twelve charges and almost numbeIless
speci ications, which consumed perhaps
aJ least three whole days in their prepa'
ration.
Such a restriction, it seems to me, is
not only q mockery of justice, but II
denotes "foregone conclusion" 1t
summons me, not to trial, but te execu-
ton.
At the action of the House l am not
surprised. Iexpected something more,
| confess, at the hands Of the Senate. l
did not expect them as Republicans to
sustain me, because / was Republican.
l did expect them as Republicans not to
permit me to be sacrificed as Republi-
can upon the altar of common enemy
which had helped them to fight as we'll
as coald for the last four years. am
the first judicial victim to the guillo-
tine of the new "Let Up" policy of the
Republican party. But it will not stop
with me. What commenced with indi-
vidual sacrifice will wind up in general
slaughter. 1t will continue to strike
until it lops off the head of every true
| Republican in the State and places
| it at the mercy of the Democ-
racy. 1t is fast verifying the propoOi-
tion that minority with will and
unity, is an overmatch for majority
without either. hope l may be par
doned for the length of this letter in
consideration of the brevity to which 1t
leads. This is the first time l have ever
had au opportunity of saying word in
my defense. Up to this time not soli-
tary witness has ever been heard in my
behalf In the mean time, and at diff
ferent times, | have been subjected TO
all the prejudices of "a pdrte testimony,
both public and private. Even wit
nesses for thA prosecution-witnesses
who were expected to act impaCtially
and to do me justice on the trial, were
seen lowering like vultures around the
Capitol-infecting the public atmos-
phere with their poisoH-insidiously
attempting to influence the minds Of
members TO my prejudice, and seeking
TO plunge their envenomed fangs into
their victim before the law condemned
him.
In the meantime that great palladium
of public liberty, (thoush it is some.
times but an instrument of private
wroug,) mean the press, had not been
idle. IL had carefully published all the
charges and specifications against me.
1t had artfully endeavored to work up,
not only the public but the legislative
mind to a foregOne conclusion Be-
tween the open hostility of the REGIS,
TER, of which l have no right to COM
| plain, and the SPARTAN retIcence OF the
| IntelliQencer, which is beneath com.
plant, / had but little chance of get
ting Justice. Had 81 been chaste as
ice or pure as snow | could not have
escaped calumuy." Not emily the press
and The public, but even the Legislative
mind to some extent had prejudiced my
case.
The "pres% in advance of my trial
had not only stamped me as criminal,
but it denied me even the criminals
privilege of not Voluntarily putting my
neck into the halter, but of waiting for
the public executioner to come and put
II there for ME. Whilst it charged Inc
with being fugitive (Which l deny) It
omitted 10 sta 9 that, if fugitive at
all, was a fngiIive not from justice,
but lnjustice-that injustice t. which
better men than | am or possibly even
better than the best of my accusers,
under the influence of prejudice or ex.
citement, are sometimes liable. Not.
witbstanding all these difficulties aud
embarassmeuts, was fully prepared to
enter, and would have entered this
morning upon my trial, but for your
resolution of yesterday, which deprives
me, as conceive, Of all possibility of a
fair defense.
As It is, have tendered,to Governor
Stevenson my resignation as Judge OF
the Seventh Circuit, which be has &C
cepted, and which will save the Legis
laturs any further trouble in my case.
At the same time / respectfully an.
nounce myself as a candidate for re-
election as Judge of the Seventh Cir
cult. i appeal from the Legislature TO
the people, who have twice elected me
as their Judge. They shall once more
re-elect me or reject me, and whatever
may be their verdict shall be satisfied
with it.
In conclusion. 1 respectfully ask that
that the accompanying letters Of my
learned counsel (Messrs. Stanton aud
PeudletoH) may be read and considered
by the Legislature as part Of the last
act of drama which had no beginning
and short end. Very respectfully,
N. HARRISON.
WHEELING, W. VA, March l, 1870.
The letters referrsd to advised Judge
Harrison that the counsel could not do
the defense Justice in the limited time al
lowed them, aud therefore withdrew
from the case.
Mr.. HERYEY moved to return the
Communication to Judge Harrison and
.bo ~ noonsa1