The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-05-31
A SMALL MATTER.

we cann0t 100 strongiy eonue" 'A
motive which prompted the I"tslligsn'
GERS attack upon Judge HOFFMAN yes
terday, nor the disreputable mode OF the
assault. The Clarksburg Conservative,
a paper which is supposed to represent
the JACOB party in Harrison county,
reports by inueudo and suggestion that
a manuscript. blown. by the wind from
Judge HorFNAN's table, has been pick
ed up and found to contain some mat
ter relative to the pending contest
concerning the Governors power OF APP
pointment. The IntelEgeneer seizes
upon the paragraph; displays it with
startling headlines; and in the course
Of editorial remarks enlarges upon the
text assumee even more than the Con-
srvative either limited or said; AID upon
this basis assails the integrity OF one OF
the Judges OF the Supreme Court OF
Appeals. who is at the came time one
Of the most strictly upright and rigidly
Honorable gentlemen in the Stste. =
The ineffable meanness OF the man
who read the manuscript thus acciden>
tally blown to his feet ard then made
public the fruits Of his shame, is only
equaled in turpitude by those who avail
themselves Of the proceeds of the infa-
my. Thereceiver is as guilty as the
thief, and We are not cure but that a
greater degree Of censure is justly earn
ed by those who labor to make party
capital out Of the affair and endeavor
to stab the reputation Of an honorable
man by perversion Of the facts, than
is fairly attached to the sneak who stole
the papers in the first instance.
Supposing the story true; suPposlng
that papers have been blown from
Judge HoFFMAN's window relative to a
case that is shortly to be passed upon
by the Supreme Court; what does 1t
amount to, or wherein consists the inn
propriety which the Mtelhscnesr insists
will destroy public confidence in the
impartiality and uprigh.ness Of any de-
cision which Justice HoEFMAN may
deliver upon this question p The
story may or may not be true, but even
if true it argues no lack OF duty, no
departure from that impartiality and
upriphtness which should characterize
q Judge of the highest tribunal in the
State. Where is there any greater i'm
propriety in a Judge examining before
hand the law in relation 10 case that
10 to be shortly brought before him for
decision, than in examining authorities
and weighing decisions after the argu~
ment in open court has been made? A
Judge should not be mere wooden
man; heis supposed to kno,o something
he is not bound to accept as law all
that attorneys urge; and we hold that
it. 10 not only the right but
the duty of a competent and
upright Judge to avail himself Of
every means in his power to arrive at
correct and carefully considered conGlu~
sions. We believe, in fact, that it is the
rule rather than the exception for a
thoroughly upright and conscientious
Judge to make some preparation be-
forehand for the hearing OF an import
ant case. He may or may not commit
to writiog the memoranda of his re-
searches, but even if he examines no
book and makes no written note in res
lation to the case, be cannot avoid
thinking of it unless be shuts his eyes
and ears to the current affairs OF the
country in which he lives and thus
maintain a condition of suspended
animation" from one term time 10 an
other. - anE Eaay.. ......
We do not know whether the story
which is made the basis Of the Inte!h-
geneers attack upon Judge HOFFMAN be
true or not but we hold that under no
circumstances can it justify or excuse the
attempt that has been made TO ipjure
the good reputation Of the gentleman in
question and of the Supreme Court OF
Appeals. The intimation that an ar
gument has been prepared ITO assist
the attorneys in the conduct Of their
case before the court" is an insult as
gross as it is gratuitous. There is
nothing in even the dishonorable reve-
lations of the prowler who picked up
and made public the contents OF pure
ly private paper that authorizes the
lntslkgencer to strike this dastardly
blow. In fact, the whole account is
characterized by infinite meauress,
rom its beginning in the Clarksburg
Conservative to-its amplifcatiou snd end
in the Wheeling IntelEgeacer, and We
are surprised that even partisan malig'
nifty has been permitted to find such