The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-01-15

The Senate assembled yesterday morD-
ing in its Chamber as a High Court of
impeachment for the trial of State
Treasurer BUkDETT After the reading
OF the journal, the managers were asked
If they were ready to proceed with the
trial Manager STUART stated that
since Mr.. HUTCHINSON was detained
away through sickness, the managers
would like to have appointed ir his stead
Mr.. CAMrBvLL. It's led 10 discussion
between the managers and the counsel
for the respondent, the latter taking the
ground that the sole power OF choosing
the managers belonged to the House ot
Delegates; that the Senate as Court had
no right to do more than SIMPLY
hear the case as jurors, and could not sp-
point prosecutor. His Honor, Judge
RAYMOND stated on this point that he
was not aware Of any precedent wherein
the Senate appointed managers, 1t might
have been because no emergency had
arisen. The House of Delegates had, in
our State the sole power of impesch-
ment but the Senate could not prevent the
managers from consulting with Mr..
CAMPBELL or any one else.
Mr.. JOHNSON, of Tyler soon after rails
ed a point of order, and the debate was
stopped.
Mr. BLAKEMoEE, on the part of the
managers, proceeded to open the case.
He simply repeated the already we'll
known charges against Treasurer BUR-
DErT; that he had been guilty of bribery
and corruption in office by receiving a
fee Of 81, 900 on condition that he would
keep an average deposit of $4,000 with
the Merchants Bank of Charleston, and
that he had done this in spite OF his oath
twice taken, 10 support the Constitution
of the State and do his duty honestly and
conscientou.ly. He claimed that though
this offence might not be indictable, it
was still sufficient to turn man out Of
Office He mentioned the ether articles
each in turn, and concluded by saying
that he did not carry on the prosecution
through preference, but only from an e1
alted sense OF duty. His relations with
the respondent had always been
most cordial, an he had no personal
revenge to crafty. He had Only in
deavored to state the case in su Impair
iial manner
The following witnesses for the prose-
eution were present and being called
were sworn. The witnesses present were:
J. w. Matthew, p. B. Dobbins. Jns. w
Grantham. j. II. Sheppard, Geo. NJ
Beltzhoover, Benz. F. Harrison, n. g.
Cabell, J. F. Brown. j. NJ. Doddridge,
Jno. Clsypoole, w. l.. Moffitt, Hedge
man Slack, ". b. Hedrick and +. W. s.
Moore.
The following had been summoned
but did not answer to their names: 5.
Price, U. b. McCsndlish, j n. Camden
b. J. McCsndlish, Gov. Jacob, Geo.
Adams, W. 5. Whestley, 1. n. Smith,
and +. NJ. Durbin.
Judge RAYMOND, gave it as his opin-
ion, in this connection, that the Clerk of
the Senate, ordinarily, was the Clerk of
the Senate sitting rs Court of lmpeach-
ment, and that they were no. different
officers but the same officer
. On motion Of Senator CAMDEN, the
Senate, as q court, took recess until
half past two o'clock this afternoon.
At the afternoon session Manager
COOP revived the question of the appoint.
meuts to fill the vacancies occssioned BY
the absence of Mr.. HUTCHINSON and
others by offering an order allowing the
managers such privilege. This led 70
another discussion. Messrs. MORROW,
ARSKrT and DAVENPORT, counsel for
the respondent, denied the right Of the
Senate to permit such a proceeding.
They claimed, as they did in the morn
ing, that the House possessed the sole
power Of slecting the managers, and the
Senate had no right whatever to appoint