The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-02-09
IMPEACHMENT.
Of Auditor Bennett
He Escapes Conviction by the
Skin OF his Teeth on the Third
Article.

AcquIttal Of Auditor Bennett
He Escapes Conviction by the
Skin OF his Teeth on the Third
Article.
Yesterday forenoon, ut 10 o'clock, the
Senate resumed its long and wearisome,
but fast closing, session as a Court OF
Impeachment. After the reading Of the
minutes OF the preceding day Senator
Camden moved that the court 60 into
secret session, which motion vas carried.
Accordingly the floor was cleared OF all
spectators and the doors closed for
solemn consultation over the modus op-
ernndi Of deciding Bcnnetts fate.
It was not until'half-past eleven, after
The doors had again been opened, that the
solemn ceremony Of voting on the differ
ent articles OF impeachment commenced:
AB in the Burdett case, the lobby was well
filed with spectators, all in doubt and
all filled with curiosity to witness the re-
suit. Everybody had his idea how the
Senate either ought to vote or would
vote, but nevertheless very few were in
clined to bet much on their ideas.
As the separate articles were called
each Senator rose in his place and the
President addressed him thus: "Mr. Sem
ator - how say you, is the respondent
guilty or not guilty, as charged in article
number -" Each Senator answered
either guilty or not guilty. AS they did
SO, some OF them prcfaced their voteswith
explanations as to their views OF the
facts alleged, or the evidence by which
the various articles had been supported,
and at the close Of their explanations vo-
ted rs We have indicated.
The vote was first taken on article ]
Of the impeachment articles, reading as
follows:
FInt-In failing, ,negleCtIng and refusing to make
semi-annual reports Oi all monies received and dis
bursed by him, as provided by tho statute, he COM
mIt,Cd perjury:
Upon this'artiCle the vote stood as fol-
lows:
AYB--Berkshirc, Bishop Cunning
ham, Grantham, Johnson, LoOmis, Scott,
and Sherrard-S.
NAYs--Arnett, Bennett, Burdett, Cald-
we'll, Camden, Clayton, Dennis, Dickin-
son, Eastman, Ferrell, Gofl, Custom, Nc
Donald, McGinnis, Price and Shelton-lG.
Next the vote was called on Article I'd,
reading thus:
sEcoSD-In approphatng to his own use the
llrSe fees exaced from the insurance companies un-
der the retalIatOry law, and which he failed to re-
port, he was guilty Of embeEzlement.
Upon this article the vote stood as
follows:
AYEs-Berkshire, Bishop, Clayton and
Loomis-i.
NAYs-Arnett, Bennett, Burdett, Cald-
we'll, Camden, Cunningham, Dennis, Dick
inson, Eastman, Ferrell, Grantham, Cot,
Custom, johnson, Mcdonald, McGinnis,
Price, Scott, Shelton and Sherrard-2O.
The third article was next voted on,
reading thus:
TIuup-That In the arrangement with Mr..
Cabell, by which he barHained for bonus OIL
SIOOon $4,000 OF b. 4 o. Railroad money belong
tIon and corruption.
Upon this article the Auditor barely
escaped conviction by one vote, as fol-
lows:
AYEs-Bennett, Berkshire, Bishop,
Caldwell, Camden, Clayton, Cunningham,
Dennis, Dickinson, Grantham, johnson,
Loomis, Mcdonald Scott and Sherrard-
Is.
NAYs-Arnett, Burdett, Eastman, Fer.
rell. Goff, Custom, McGinnis, Price and
Shclton--9.
The 4th article was as follows;
FouRTH-That In exActIug moro money than
was due and sums Of money mono Of which was
due, he wasguity Of exIortion.
Upon this the vote stood 2 ayes and y
nays, Senators johnson and Sherrard
alone voting for conviction.
The 5th article was as follows:
FIYrH-Tha, 10 accepting from Que. Mr. oTerton
The usual icei for tho Incorporation Of the Ia Rele
and Commonwealth Insurance Companies and iAll-
Iug 10 send the certificates rs promised and neglect
Ing 10 return the money he was guilty Of neglect oil
duty.
Upon this article, as also upon article
Sth, Manager Good arose and asked leave
on behalf OF the prosecution TO enter nOt!e
proe1ui, which leave was granted.
The Sth article, thus nollied, along with
article 9th, reads as follows:
ElaH1u-That 10 the arrangement with John s.
Merchants Bank and sharing the bonus for tile
same, he was guilty Of conspiracy.
The sixth article was as follows:
sIxru-That In drawing from the First National
Bank OF Wheeling 50 0, accrued Interest on the
School fund and plsclng the same 10 his own credit
In The Kanawha Valley Bank aud permitting II 10
remlIn there for several months, he was guilty oil
grave misconduct aud high misdemoanor In Once
Upon this article the Court voted unan-
imously in the negative.
The seventh article was as follows;
sEvESrr-That In Soliclung Isaac n. Smith, Of
the Hst National Bank Of Charleston 10 enter into
such an arrangement a Il was charged that the
Treasurer had with the Merchants Bank, be was
guilty Of corruption.
This article, next 10 the third, was the
rock upon which the Auditors ship came
nearest being lost. The vote stood as
AYEs-Berkshire, Bishop, Caldwell,
Camden, Clayton, Dennis, Dickinson,
Grantham, johnson, Loomis, Scott and
Sherrard-l2.
NoEs-Arnett, Bennett, Burdett, Gun
ningham, Eastman, Ferrell, Col, Guston,
Mcdonald, McGinnis, Price and Shelton
-l2.
This vote ended the call OF the roll and
the reading Of the articles, and the news
was carried to the anxious Auditor to un-
pack his valise and go on with his
auditing for yet little while longer.
Thus ended the trial Of E. A. Bennett.
After the declaration Of the result, the
Senate, on motion made, took recess
until 4 o'clock in the afternoon, at which
hour it again met and formally concluded
lis existence as a Court OF Impeachment
by the adoption OF a resolution to adjourn
siae die.
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