The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-01-28
Tho Burdett Impeachment.

soon cease to be thorn in the flesh. Th
end approaches, and whatever that EN-
may he the people, as we'll as the defend
ant, will be glad ii it tcome quickly.
The Court having re-assembled, Coun
sci Arnett resumed his discussion Of tn
terms used in the articles Of impeach
ment 10 describe the character Of tn
ofFenses charged, and contended that tn
acts charged against the respondent n
bribery and corruption did not com
within the legal definition Of those terms
In every crime there had to be intelli
gence Of the moral character Of the nc
and intention to perform it. II the re
spondent had a corrupt intention to do I
thing which his mind told him was wrong
then he was guilty of bribery, but no
otherwise.
II he had made contract by which h
intended wickedly and willfuly to dc
something that would injure his princi
pal il would have been bribery. Tha
was bribery at the common law. Mr.
Burdett had not been shown to have vic
lated either faith or law, or disregardeC
any duty imposed upon him by the law
Did the managers maintain that il he laC
received n sum'of moneylfor performing
the duty exactly as it was required ofhin
by law that he would have been guilty o
bribery? Was it not necessary to shoV
under the statute contained in chapte
70 of the code that he had done some
thing detrimental 10 the State? Wher,
was the evidence that he had ever done I
single act which he would not have don,
il he had never been given or Offered
that money? His duty to the State hat
been done to the last letter OF the law
and he had never attempted the contrary
and had been guilty Of no bad faith: l
there had been any wrong done it had no
been to his principal, the State, but thu
counsel maintained that there had beer
no wrong done.
The counsel here presented many illus
trations OF what was intended by an ac
Of bribery, contending that in all cases
they were corrupt agreements to de
some act or to refuse to do some act the
result Of which would be detrimental Il
the State. II had only been proved tha
John S. Burdett had promised to keep :
deposit of $4,000 in the bank il he could
and il had not been proved that he ever
failed to draw upon the bank when i
was necessary. As 10 the other bank
transactions, it had not been proven thai
John s. Burdett knew anything abou
them; they were the transactions OF hi
son. The only act which the managers
had clearly proven, il there was an,
wrong in (which he maintained ther'
was not-was committed in prier tern
OF office, and was beyond the power o
the Senate. He knew that there was =.
difference OF opinion on this point, ant
he proposed to ask the Senate to decide
for themselves. He did not believe tha
the Barnard caoe should be taken intC
consideration, because there was In it {
determination in any event to convict
and the Senators were ruled by whirl
wind Of passion.
At this point the Senate took its moor
recess.
AFTERNOON.
Counsel Arnett hastily reviewed thC
evidence in the case dwelling at som'
length upon that OF J. n. Camden, which
the counsel thought it neither unfair mol
unjust 10 characterize as very unsatis
factory, so much 80 as TO render it no
improbable that he (Camden) was en-
tirely mistaken Us to having at any time
had any conversation with John S. Bur
dett on the subject Of loan to w. I
Burdett until after the draft made by the
latter for the rent Of farm.
Mr.. Arnett then reviewed, or recapit
ulatcd the points OF law set forth by the
defense, after which he closed his discus
sion Of the question with an appeal to the
Senate to remember that for one long
year the hearts of the respondent and his
family had been wrung with agony on ac
count Of the charges preferred against
him, and that even now, in an agony
Of suspense, they were awaiting the YER
dict OF the Senate. He did not make ar
appeal for mercy, but asked that the Sen
ate would give his client the benefit OF the
doubts which unmistakably existed aa tc
the criminality of any OF the acts charged
against him.
Heartily thonking the Senate for theit
courteous attention, he delivered the
cause Of the respondent into their hands
and surrendered his right to the further
discussion OF the case.
Shortly after o'clock, Mr.. Good, or
the part OF the Managers, opened what i
to be the closing argument in the pend
ing trial, after which comes the judg
ment.
Referring TO the courteous attention
which had been extended TO the counsel
on both sides OF this weary trial, he asked
that the same might be continued to him
self, promising to pass over his points as
rapidly rs possible. In reply to the ap'
peal made by the counsel for the respond
ent, he might ask the Senate to hear the
grooming, as it were, OF tax-ridden peo:
pie, whose money the respondent had
traiIicked in for his own private emolu'
ment. While he recognized the effect ol
verdict OF guilty on the defendant and
his family, it could be said that all pros
ecuted parties might make the same ap.
peal, but the law requires punishment Ol
| OllenueFs, WltHOut lCuIJ luNul VI AhcSt'OH
II the respondent be otguilty discharge
him. Far be it from me to ask otherwise
1t might be supposed however that q
man who occupied the lofty moral posi-
tion claimed for the respondent, and being
perfectly innocent ofthese charges, would
have insisted upon most thorough and
searching investigation. Such was moi
the case with the respondent, on the 9th,
er hand every little advantage Of legal
technecality has been eagerly sought and
taken advantage Of. The jurisdiction oi
this court has been denied, yea even the
expulsion Of an honorable Senator has
been demanded without single charge
Of otfensc against him, solely because from
his we'll known character It was certain
that he would vote in accordance with the
law and the evidence in this case. lthad
been charged that the animus Of the man
ayers was spirit Of persecution. As
for. himself, he had not desired to be
member OF the Investigating Committee
but having been made the chairman Of
that committee, in accepting the position
he had no suspicion that the men whom
he had helped by his vote and by his
voice upon the hustings to elect, would
be found guilty OF crime. The investi'
CATION was made, and the result is before