The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-04-07

past 20 years III hospitals and private pr99-
p P5SfhfB5s4Is bSl sys soe
Of I'll the many cures made, FREE ~ writiit
a SKIS EyerR
FRAGILE DRUG Co, 81 East Broad
S Strshss; sent sent 81 Gttss I -
Formerly, w.tensa judge-circ',it' or county
was SO situated, by reason OF pc..
sonal Interest In d cause, MS to make u
improper for him to sit Mt the trl tn! ne
selected the Judge who should SIT N the
case. Was 1t ever suggested that because s
the sitting Judge decided the cause IN
favor OF the interest OF the regular Judge
that such decision afforded Just gr so u Nc
for mputing improper conduct 70 = lt'l
THE BEARD NATTER. s33
TITS charged that '" improperly ana ,,1
wilfully used my office to procure the
wrongful indictment in my eonrt O. ~. ~
d. Beard for3the alleged forgery or the
namo OF II. C.5sJoyner, and for the a.,
legged embezzlementf and larceny Of mon ..
evs collected by b card for Joyner, &c
who had Beard Indicted for forgery.?,
o. L. Evans, the Common calths At
torney, in his testimony asa witness LOT LOT
the prosecution, says on page w OF ", .lle
record, III ullSWG1sHLO ~ H
strobe: ''Therc was not much snid about
tho forgery charge. think that was was
probably more my idea than his"
Here the truth is told 1t was the Com
n onwealth's Attorney and not !, VINO VINO
made the charge of forgery. n e 1rameu
the indictments to meet the law ana me
cts as they were presented, had TO
cnl,H n tha aid Of a brother Com.aon-
.wealths Attorney, page a4 Z,
T did lay the facts before the grand
i,,ry from the bench, and those facts were
true and fully warranted the finding OF
tho indictments for larceny. See u tes-
timony of Joyner, pages 46l, 49,, A64.
Beard had received public money lol
which he did not account to Joynler, me ,.s
treaurer and he did not pay over part
OF these moneys5untll January, 1903, after {,
Sha had been indicted, when he had col
tlected 1t In April or May, 1907. and one
sum or license fee he collected from Pm. ASH, ,
by Fulcher as far back as April blsol ~ anu
this he had never reported 70 elther i'
urer j oyner orr the auditor, and not
withstanding he had made three reports,
on July 1901, January, 1909, and y uly, wv
in ca CHI he made the usual oath ina ne
had reported all the licenses he had as Z
9scs sed. IA When the facts We're ascertal ~ co
nv mo I regarded it as my duty TO brlng
them to the attention Of the grand oury.
md the charge that / was influenced IN
doing this by low, petty, personal motives
Of revenge has no warrant from tlle les les
timony disclosed in this record.
IL / had seen q man commit murder
and had brought the matter to the atten-
ton Of the grand jury, the fact tHat tne
person charged was my bitter personal
enemy should not be imputed rs INC mo
tive Of my conduct The law IS manda-
tory that when Irregularities or corruption
on the part of county officials comes to
the attention of the court, thon It Is the
courts duty to call the attention or the
grand juries to the facts and chars sc them
10 Investigate the same.
INCONSISTENCY CHARGED.
It appears to mo that the Day cause
for removal and the Beard cause Tor re-
moval IRE inconsistent, as IN the former
T am held accountable for not doing my
duty, and In the latter am; held &C
countable for doing my duty
These arc the charges, or causes Tor re-
n1oval, which have been framed against
me. Would they have been made against
any other judge In the Commonwealth
sunder the facts disclosed by tho testi-
lnony here? Can there pc doubt IN any
UNBIASED mind that the only source OF
these charges has been the fact that
had defeated for office the three. persons
who appeared as tho counsel Tor the pros
ccution here? Nay, who were themselves
the prosecutors. The Lynchburg bar are
Isincorroctly stated In the report OF the
mai ority Of the committee TO pc among
tho prosecutors Of these charges. They
did not unite in these charges or any:
Their only action, as appears on page ~
| az the record, was to say that my ac-
| tion in connection with the contempt pro-
ceedings, as set forth sln the memorial
presented to tho Legislature, Is matter
| OF such gravity as to call Tor lnYestlgatlon
by the Legislature. They based their
I}resolution altogether on the statements
made In the paper signed by these three
attorneys. with some others, pages 81. 4
Who arc petitioners, witnesses and at
torneysP 4.
Assembly to most remarkable lact, as
proven by this record, reteIer 81 .o.Tt a,a
| every witness who has testltled 70 a SIN.
Gle charge against mo ackno W edged that
lie was either my personal or political 1Ilit1!ea.
enemy, =. !. Y,
has been nursed and kept awe ~ cor
tain of my personal and political on emles
| some of whom nre lawyers OF Amherst and
Nalson counties, who have met d efeat al
| my hands and the hands OF my tfIe ~
! in Amherst county In one or more polt,
| ical contests. And--h brief review OK my
| relations with these part WI demon
] strate beyond any question tho real mo
i t!ycs which actuate themsin TINS per 8.
monwealth which they have At heart
they are not seeking 80 scsnppous!y t Is
! uphold the honor and the dtgnltyj ot bne
Z, judiciary, but rather to feed their soWl
personal malice and to aYange thelr owl
personal and political grievances As AS.
price of my success tpersonatiy ANY pot ~
cally in the county OF Amherst, my en-,
emiea have not been content g 3 = meet T. H'e
i In open fight and suffer aeteat W. -
manly way, They have allowed no oppoI,'
uty TO ass and have taken , aysrs
parsnnally or nv character. The chile
spirit in this movement, who is g da y I
i me as a law-breaker, and who mas a a!
pealed in vain to the Governor anu ny
i Virginia Bar Association, and y now ap
i pealing to the Legislature OF virginia 1o'
i my removal as judge. because I! nave peel
charged with breaking the law Of tht
Commonwealth by committing an e sils stsef
Nv virtue Of his Office withBupholding tn
4 peace and dignity OF the Commonwealtl
Ia the county of Amherst. comes her'
fresh from an attempt to commit m as
sault upon me With a .deadly WEAPON