The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-04-17

!
ton OF the charges preferred against Hon.
! Robr. Lowry by Attorney-General Morris,
] in his communication TO the House on the
/ 26th inst.
The committee then proceeded to exam
| inc the following witnesses:
Testimony ON which VerdicT of
AcquiaIaI was FOnnd.
TESTIMONY OF W. J. WILLING,
| O. Will you state if you were a member
of the Legislature in 1872?
\, ! va.
Q VIII. you state If you were chairman
OF any committee!
A. was chairman of the Judiciary Com
miftee.
Q What do you know about the passage
of an act entitled an act to amend the rules
of practice and procedure in criminal cases
in this State:
\. The first knowledge | had of such an
act being introduced during that session
was from Acknowledgement Morris. On
one occasion, when in his office, he stated
that he had prepared a bill in relation to
that subject, and was sOlicitouS in having il
passed, - lie thought it would tend to ad-
vance The interests of justice. He also
stated that the act was being copied by his
clerk, and would be introduced in the
/ House hV Mr.. Mcintosh of Chickasaw. Such
an act was afJerwarG introduced in the
/ House by Mr.. Mcintosh and referred to the
/ Judiciary Committee. Judge Morris called
my attention to the fact of the introduction
I of the bill under that title. and stated to me
/ that If was the bill he had prepared. The
/ bill, ~ introduced, came into my hands as
/ chairman OF he judiciary Committee, and
Z embraced at that time the first eight Sec
/ tiOMs of the ACT Is now published, The At
/ torne;-GeGefu asked me 70 have the act
( considered As soon - possible. Mr.. McIn-
I to-h also appeared before the committee in
I reference to its consideration. The bill was
taken mp in its order and considered among
/ other bills before the committee. There
/ was considerable discussion in reference to
I { provisions OF the original bill, from the
fact that it was he'd 70 contain what was
I considered Innovations upon the rules of
/ procedure and practice then IN force. In
/ What order the sections of the bill We're
I considered | do not now remember, Uut re-
collect that the committee agreed TO strike
/ out the seventh section of the bill. 1t was
/ also thought that the provision in the OTigi-
I nal bill ia ref renee to the forfeiture of
DonGs ana the rendering or mai judgment
/ on such forfeiture would. in all probability,
result in hardShips in many cases where
/ parties had given bonds, etc. In consider
1 ing the propositions in reference to bail
4 bOHGS, TecO2niZance>, etc it was suggested
! By Gen. Lowry that, inasmuch as the bill
/ proposed to change the rules in such mat
| tiers, and while it WAS a well known fact
/ that it was rarely. If ever. the case that the
/ penalty OF the bond was co lected under the
/ law a it formerly stood. where fOrfeitureS
]
and from the further fact that at the time
/ there were a great many persons held to
/ answer under bonds given to military Gf1i
GERS, prior to the adoption of the present
State Government, To answer for some vio-
/ ation of military order. charging parties
! with OtfenScs then unknown 10 the publish
/ ed statutes with which the people were ia
/ miiiaT, that it, would be best 70 put all bonds
/ on the same footing. GeneI al Lowry sug-
I geSted an amendment 10 the bill 10 th4t
effect, which suggest ion was accepted by
I the committee; and upon lis further sug-
| gestIOn | vas instructed % draft an amend
/ ment embodying that proposition, which /
4 did, The bill was reported To the House as
! other bills are, with that amendment, as
contained in sections nine and ten. 1t
/ passed the House on the day preceding ad-
tournament.
/ BY Mr.. Fisher:
/ the act as 1t now stands on the suggestion OF
General Lowry and with the approval of
the Judiciary Committee?
A | did, sir.
! BY Mr.. Fisher:
Q. Did YOU understand General Lowry's
| position to be that he would not support the
! bill unless sections nine and ten were added
! thereto. or sections embodyng substantially
| the propositions they contain?
=. As | stated before. his reasons were
! that great many persons were held
/ to answer, upon information and in
I dictment, and ii the rules were changed in
! reference to fOrteitU-ns. and judgments
/ final rendered against thcm, it would work
/ great injuries ~ iatif,tenJ parties who were
/ sureties- without .dKtncing the laws OF jus
( Jice, ana that ie would oppose that part OF
/ -5e hill unless there was some uniform rule
eaa,iiered with reference to the liabilities
parties and proceedings in such eases
| His statement in this connection related
| ~olelely TO action upon that measure in
! the Committee, As | understood it.
/ By Mr.. Sullivan:
Q. Is the following letter copy OF lot
ter written by YOU to Gen. Morris:
JACKSON, Miss, March II. 1873.
Hon J. ). Morris, Attorney General:
/ DEAR SIR: In answer to your inquiry OF
the Sth inst. / have To inform you that Hon.
/ Robert Lowry. OF the House of Representa-
tives. from Ra akin county, is the author
and originator of the provision law abolish
ing ali bail bonds and recoguiZances and
annulIiug ali proceedings thereon as tlat
/ provision now appears in sections nine and
ten of an act to amend the rules of procesd-
ure il criminal cases, passed at last session.
/ See acts Of 1872 p. So,
The facts are these: Tie original bill,
/ without this clause, was introduced by Mr..
| Mcintosh, of Chickasaw, and was referred
| TO the Judiciary Committee, of which was
chairman, and of which Mr.. Lowry was a
member. In the Committee Mr.. Lowry re-
fused TO supppot the bill unless amended by
this provision, but would support the bill il
SO amended. He therefore requested me to
draft and report an amendment embracing
this idea. aud, being chairman of the COM
miTtee I did so; and on its passage. Mr.
| Lowry supported and voted for the bill aS
amended. See house Journal of 1872 p. S07
| have no knowledge as TO whether Mr.
Lowry had any fees or other private inter
est involved in his action and vote on this
law. He Is, however, an attorney, praetic'
ing law in Rankin county, and an exc nina
ton of the dockets and records of the court
of that and some of the adjoining countie
would probably furnish the desired infor
| nation. / an. respectfully,
Your obedienI servant,
w. J. WILLING.
A. 1t is not copy of the original lette
addressed to him in reply to his letter o
the Sth inst. On that day lac addressed
letter to me, IN ahing certain inquiries in re
lation TO the provisions contained in sec
, tions nine and teh of the Criminal Proee
dure Act. l answered his letter fully in
letter under the same date. Subsequent {
that time he asked me to call into his Office
and stated that he had condensed the lette
| had written to him, and requested me {
: return his letter to me of that date In
published letter is the one presented 70 NJ
on the 18th instant, and signed by me a
embodying the facts contained in my orr
= ginal letter SITE - al
{ BY Mr.. MeKIe: sTB g. vs3
ssasS