Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1899-10-13
JUSTICES KINNEY AND G0cHEN0uR
Exonerated ofthe Charge of Irregularities
in the watts -Coiner Case.

in the Watts -Cofner Case.
In the county court last wetk the
case against Justices Archibald Kin
lney and J. G. GochenOur, on the
rules issued against them at the last
term of court was heard with Judge 7
Ashby Wickham, of the Henrico court
on the bench.
The grand jury at the last term oi
court made q presentment charging
that these magistrates had been guilty
of irregularities in their acts in the
Watts-Coiner case. In response to the
grand jury charge they appeared be,
fore the court and asked to have a
hearing, and the ejudge issued two rules,
one that they should show cause why
they should not be removed from Of
fee, and the other why the present.
ment of the grand jury should not be
perpetuated in the records of the court.
A. G. Braxton and Fl. Fl. Wayt rep
resented The magistrates and Common
wealth's Attorney Ker looked after the
interests of the State. j. w. Church
man, A. G. Gordon, s. M. Donald,
VIM. Patrick. Hon. Edward Echols,
N. c. Watts and the magistrates were
placed on the witness stand and after
hearing their evidence and the argu-
ment of counsel, Judge Wickham rem
dered the following opinion, which
exonerates Messrs. Kinney and Goch
enhours. and which was ordered to be
placed upon the records:
Commonwealth VS.. John G. Gochen-
our and Archibald Kinney, Justices
of the Peace, on rule against said
defendants issued at the last term of
this court to show cause, if any they
can, why they should not be removed
from Office for mal-feasance or mis-
feasance in connection with the cause
of the Commonwealth vs.. Claiborne
Coiner, tried and disposed of by them
on May 3Oth, 1899; and also on rule
against them to show cause why the
censure recommended by the grand
jury at the last term of this court, for
their conduct in said cause should not
be perpetuated on the records of this
court:
This day came again the parties by
their attorneys, and the court having
heard the evidence of numerous wit
nesses introduced on both sides, and
also the argument of counsel, as we'll
of the attorney for the Commonwealth
as of the attorneys for the.sald justices,
is of opinion and doth so order and de-
eide, that in the trial of the esaid cause
by the said justices, and in their entire
connection Herewith, neither of the
said justices was guilty of any NAL
feasance, mis- feasance or gross igno-
rance, but that they acted with care
and prudence. with integrity of pur-
pose, and with view to the good Of
the public and the rights of the parties
involved; it is therefore ordered that
the rule first above mentioned, with
reference to the removal of the said
justices from office, be discharged.
And the court teing OF opinion that
the said justices. in failing to issue
mittimus for the commitment Of said
Coiner Immediately upon the rendition
by them of their judgment against
him, on May 3Oth, 1899, were in error,
doth so decide; but the court (being
also of opinion that the said justices,
in so failing to Issue said mittimus at
once, were acting in good faith. and
that in the exercise of their said sup
posed discretion they acted conscien-
ciously and prudently, and as they
believed for the best interests of the
public and parties involved), is fur
ther of opinion that neither of the said
justices was deserving of censure and
doth so decide; and it is therefore or
dered that the said justices, and each of
them, be and they are hereby exonera-
ted from any charge affecting their
integrity or fitness for Office, and they
are hereby discharged without CEN
sure.