The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-02-01

, ter wisely, and deliberately, and judic
: tiously adjudlcated by the Senate. Thi
is the strongest case that can be referee
TO upon this cause.
Right here l want to refer to remarl
made by the counsel, demonstrating thu
absurdity of the plea; that because of thi
conviction that we were going to convlc
every Senator here who may be interest
ed in one of those banks; that we NIGH
indict and convict Gov. Price and Mr.
Harrison and Mr.. Cabell, and other gen.
tiemen whose names were mentioned
l will read the section. l state il
there is any public officer or bank
officer, be he director or otherwise; il
there is any member OF this Court or Leg
islature that has ever improperly or un-
lawfully approach the Treasurer of this
State, then that Senator or bank officer,
if he stands before me, ought to be pun
ished. But what will your constituents
say when you 60 home and say to them:
II could net vote to convict him, because
/ was pdrticeps criminis, and therefore
could not vote TO convict him." but there
is no evidence here TO show; nor has any
thing ever arisen to cast the slightest
suspicion upon them. II is rather q
reflection upon the character of the hon.
orable Senators. Am l to be told that
General Price, whose character stands far
beyond reproach, that that old gentleman
who never spoke to the criminal or knew
him, or knew of his transaction with the
Bank of Lewisburg, if he were arraigned
here before you, that you would have to
vote and say that under that statute he is
guilty2
Senator Price rose and requested TO be
informed whether he was referred to?
Mr.. Good might tell the Senator
from Marshall that if l were speaking
of him, l could only do so in the eulo-
CYSTIC terms in which ! have referred to
the gentleman from Greenbrier.
Mr.. Good then proceeded to review
the charges as contained in the several
articles together with testimony at great
length, and concluded rs follows:
Taking this testimony together have
never heard a stronger case presented; it
matters not how criminal it may be in
its character, it Is for you to decide il it
proves the official misconduct and dis
honesty of John s. Burdett? God knows
do not want to remove the man from
his office. never sought
this position, but rs citizen
of the State l fully recognize
my duty that owe to every citizen, and
the duty owe to the county in the rep
resentstive capacity 1 now hold Not
outstanding the charges are proved
against him of bribery in office, and cor
ruption in office, and perjury, distinctly
proven by testimony that is unmistaka-
Die, can you turn to the people of the
State of West Virginia and say that this
Senate has tried this man, and says that
there is no offensethere? OH what pre-
cedent to set, because if what Johns. Bur
dett has done before il legal in the judy
ment and opinion of this Senate, then it
is legal, it is proper that he should man
ipulale the public funds in the future
Where is that great principal of reform
that was spoken OF in the great political
revolution in this State? The time has
come to test our PROMISE. Shall we be
true to the promise made to the people
and true to the sworn obligations we
have taken rs members of the legislative
body. do not desire to speak of parties
here but can lay il down as a PROPOSE
ton here, that it is not a political party
on either side. The party that will viz
dictate itself now will be sustained by the
people of the State.
And now, Senators, we are approach
ing the termination of long, tedious
and vexatious trial, one fraught W tn dan
ger to the State. One year has elapsed
since, in the House of Delegates, these
same charges were made and the evidence
taken in support OF them was submitted.
Since that time the news of the impcach-
ment has gone to every car, and has been
made the subject ofinvestigation by every
household. True, l admit you have not
investigated by those critical and tcchn-
cal appliances of the legal art that
seeks n vndcation of the gull
tv through the professional erudition of
astute counsel, but rather, investigated
by that application of the proprieties
ald impropreties of life, by that i'm
planted judgment that determines good
from evil, and by that divinely born SEN
timent which teaches right from wrong.
| In this balance has the recusant to pop
ular favor been weighed; in this balance
has he been found wanting. By this
Judgment has the miscrcant, the default
er and despoiler been judged and by
this Judgment has he been condemned.
MAY this honorable court reach the
same degree of personal frnints'
| and purpose; the same standard OF the
morally sublime in its advocacy of the
right and in its condemnation OF the
wrong. To rccapitulate, it is prcsump-
ton of law that every citizen doth know
it, Be that a wise or unwise prcsump-
ton, of one thing am certain, that every
citizen doth know thus law: "1f any cx-
ecutive officer shall demand or receive
| from any corporation any money or other
| valuable thing, for the performance OF
his official duty, he shall be deemed
guilty of felony" and if they 90 know
this law they likewise have read this evil
dence.
"That John 5. Burdett, Treasurer Of
this State, in the year 1873, did approach
and suggest to the President of the First
National Bank OF Parkersburg, that if
that bank would pay to him one or two
per cent on State funds that it would be
a sufficient consideration to him for
securing to said bank an increased State
deposit OF $4,000. That John ). Bur-
dett. Treasurer of this State, in the year
1873, did demand and receive through
his son, Wm. Z. Burdett, or did permit
his son to receive for himself from the
Bank of Charleston $500, as a considera-
ton to him, the said John 5. Burdett, for
securing to said bank certain proper
ton of the deposits Of State funds
Yes, all these things do the people
know, and knowing them do here present