The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1884-01-12
JUDGE CLAIBoRNE,s CASE.
ness for OfHce-Ccmmittee for Courts Of
Justice Investigate mo- the Charges.

Recently the following memorial was
presented to the Legislature and referred
to the Committee for Courts OF Justice:
We, the undersigned, members OF the
bar practicing' law in the courts OF Frank
lin county. and others, who are citizens Of
franklin county, respectfully petition your
honorable body to remove Thomas b.
Claiborne. present judge Of the County
Court OF Franklin county, and assign the
following causes for said removal:
j. That the present incumbent, Thomas
Il. Claiborne, Is notoriously and wholly in-
competent, both from habits and acquire
ments, TO discharge the OnerOus and re-
sponsible duties OF County-Court Judge;
he has never studied law, either before or
since his elevation to the bench (O, or has
he followed any business that would give
him such general knowledge Of courts and
their proceedings a. is even ordinarily pos
sessed by justices, sheriffs, and other coun-
ty officers; that he has filed no position,
so far as we know, of public trust except
as appointee under the Federal Govern
ment as q revenue officer.
2. That Thomas Il. Claiborne often gets
drunk, often drinking to excess in term
time-so much as OF itself to render him
unfit for the discharge Of his duties as
Judge; that he Is often seen on the streets
OF Rocky Mount drunk and disorderly !;
that he has certainly upon two occasions
since his election been arrested and fined
by the corporation authorities for drunk
enness and disorderly conduct; that he has
been indicted in his court for CARRYING
concealed weapons, and confessed judg-
ment; also been indicted for unlawful
gaming in his own court. but was dis
charged from the prosecution by Judge
Mays, who presided at the hearing OF the
case.
For these and other good causes we re-
spectfully ask his removal and the election
in his stead of some person more tit for the
position. Respectfully.
HUGH NELSON, &c.
This is signed by members OF the bar
and numerous citizens OF Franklin county.
The Committee for Courts Of Justice
were authorized to send for persons and
papers and engage a stenographer. The
services OF Mr.. Linney, Of Washington,
were secured in the latter capacity, and
yesterday afternoon at l O'Clock the testi-
mOny was commenced in the case. Judge
Claiborne was present, and represented by
Mr.. John w. Hartwell, OF Franklin cOun-
ty, and Jacob Cohen. Of Richmond. Mr..
George Dupuy, OF Franklin, represented
the petitioners.
Mr.Thomas W. Dillard, Commonwealth
attorney for Franklin county, was the first
witness examined, and his testimony COM
plctely cOrroborated the charges made in
the memorial. He explained how it came
about that he did not prosecute Judge
Claiborne for all the charges made against
him, because he was satisfied that he could
not convict him before Judge Robert +.
Mays, OF Botetourt, the judge before
whom the case was tried. Mr. Dillard
drew his inferences from the manner in
which Judge Mays conducted the trial OF
the test case. IL will be remembered that
Judge Mays has since resigned his posi-
ton as Judge, pending an investigation
before the Committee for Courts ofpus.ice
upon charges OF malfeasance OF office. Al
the evening session of the committee
counsel for defence introduced counter
memorial purporting to be signed by resi-
dents OF the county, and two other papers
alleged to be affidayits of citizens OF thu
county. These, after due consideration
were refused to be accepted rs evidence by
the committee, and the stenographer was
instructed to note the action in hi,
minutes. At least dozen witnesses ar,
present, and will have 10 be examined, bu
the committee will not allow as wide
range IN taking the evidence rs was al
lowed in the Goodwin case. 1t will, no W
ever, be several days before a concIusi or
is reached.