The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1884-03-07
JUDGE SHUMATE REMOVED.
THE HUNTER CHARGES DISMISSED
PAY Of Penitentiary Officers-southwes'e'"
LunatIc Asyium-The state Boards
Seuafe.
THURSDAY, March @. IL

THURSDAY, Marcn V, 1907
Mr.. Hurt in the chair. Prayer by hey:
DIR. Boyns, OF the Wesleyan MethodisI
Church.
The Senate agreed to House amendments
"a senate bill to enable the Danvilie ana
New-Riyer Railroad Company to OBTAIN
further subscriptions to the capital stoch Oh
said company so-
A great number OF House bills that under
the rules would have otherwise gone 10
committees were placed on the calendar
CAPTAIN LYBRoCK.
Mr.. Keezell offered the following. which
was agreed to
ResOired. That the chairman OF the
Committee on Public Institutions and Edu-
cation be authorized to sign and deliver
certificates 20 Albert LybrOck, architect,
10 follows: For 800 for report in regard
IN Central Lunatic Asylum, and for $50 Tor
renort in regard to Colored Normal Cole
oiate Institutc-same being reports made
! by said architect to the Senate.
ENCOURAGEMENT OF MANUFACTURES.
Mr.. Berry offered an amendment to the
Constitution proposing that the General
Assembly have power to exempt from
taxation for the Jace OF ten years all
manufacturing enterprises. Referred
J. II. BALL.
Mr.. Powell offered resolution for the
payment OF claim (SlOD oil y. IL. ban us
! ianitor OF the Senate. Referred.
He claims to have been ianltor from
December 5th to January I'd, under APP
pointment Of the Governor. which ap-
pointment the Clerk OF the Senate never
| recognized.
TIE PENITENTIAEY.
Senate bill aboishing certain officers at
the penitentiary and raising the pay Oh
others was taken up aud discussed until
the ShImate case came up as the special
order.
SHUMATE CASE.
House resolution removing from office
Judge Shumate. of Fauquier, came up.
A paper from Judge Shumate was read,
protesting against this whole proceedings
and asking for trial by impeachment.
| Soon after O'Clock. on motion OF Mr.
Mccormick, the Senate resolved to fake a
vote at p. NJ.
The report Of the House committee who
examined the witnesses for and against ac-
cused submitted the following report,
wbereon the House passed resolution re-
moving Judge Shumate from office, and in
which thev asked the concurrence OF the
Senate:
| We RELY for our conclusions mainly
upon the opinions OF the well-lniOrmed
and perspcuOus witnesses who have
testified before us, and upon the evil
dence they gave OF the very general and
widespread reputation for incompetency
of Judge Shumate. amounting, as il seems
to us, TO denial OF justice to the people OF
Fauquier county.
We cite a few OF these expressions: " In
the discharge Of his duties as a judge Mr..
Shumate is pitiabe in his apparent help
lessness." "The public sentiment, so FAR
as know it, is that il is a case OF humill-
ating incompetency and notifying. w.
II. Payne. "The general reputation in
the county Of Fauquier is that he Is very
ignorant Judge, and knows nothing in the
world about the duties OF his office" 81
think that the public interests suffer not
only from the absolute ignorance OF the law
by Judge Shumate, but the manner IN
which ne sits in case and administers what
he calls law ."-,James G. Scott. " think
Judge Shumate is totally incompetent 10
discharge the duties OF his ofice."-J. i.
,Jeffries. "I think he is absolutely incom-
petent to fill the place" :" His manage
ment of the business is such as to delay the
causes before his court, running the coun-
ty to a great expense, and giving great
| trouble to the ligltantS and counsel
think it would be impossible TO find man
| of fair common-school education who was
| less competent to occupy the Judicial posi-
| tion he holds than Judge Shumate." Z"
think his reputation for capacity is as bad
as anvbody's could be."-Eppa Hunton,
Jr., page 43; see also last question and an
swer OH page 46. $50 far as my oDServa-
ton goes, he bears the reputation OF being
totally unfit for the position which he
holds. &C. M.Whte. "Tbe general repu-
| tation he bears in the community Is that he
( is not learned in the law, and that he is
an incompetent Judge. -. w. Caldwell.
az do know his general reputation as a
Judge, and it is that he is totally disquali-
fed by virtue of his ignorance OF the
."-H. C. Shepherd. Il" He is thorough
" incompetent" John G. Scott. - He is
regarded as utterly incompetent to dis
charge the duties OF the place he holds. |
have heard expressions OF opinion from
all quarters of the county to that effect. y
A. ID. PAYNE. - knew when he took the
bench that he was ignorant of the profes-
sion, and, in my judgment, in nowise
competent to discharge the high office OF
Judge" I'm the trial Of every case have
had before him, though not many, whether
| won or lost, this opinion and judgment
of his incompetency has been increased
fortified, and made stronger. "-R. L
Scott"
These are but few OF similar EXPIRES
sious used by the same witnesses, and
there are other witnesses who have given
similar testimony. We omit further cita'
tons and can Cnly refer to the testimony
returned with this report for additional
opinions and for the detailed facts show
, ing the opportunities Of the witnesses fol
judging Of the capacity OF the accused anC
their competency to form opinions. 1t wa:
urged in argument and intimated through
, out the hearing that these witnesses ART
violent partisans OF different politica
party from Judge Shumate. II we coulC
, believe that such men as have testified
, before us could be driven by party bias t
I swear to the statements given in their ties
timony, affecting so seriously, as it does
this accused judge, the whole question
= would be put at rest by the evidence o
4 Judge Shumate's own witnesses, and TO
o whose accuracy and fairness he must b.
o taken to yOuch, aud who say that the opin
\ ion in Fauquier county OF Judge Shu
2 mates incompetency is not influenced b.
party considerations. [See testimony o
{ James NJ. Daniels, page 92-93, and j. B
) Robinson, page 93-94.l From this con
: clusion there is no serious dissent in tn
evidence offered by the respondent.
e We find in the testimony no opinion T.
9 which serious weight can be attached ad
verse to the witnesses for the petitioner
touching the matter Of competency, excep
that OF James V. Brooke. Mr.. Brooke
opinion on this subject is qualified by s.
\ many conditions Nd 1 A. -.