Daily press. [volume] (Newport News, Va.) 1896-current, 1908-01-29
PAPERS IN NOEL CASE
NOT FOR THE PUBLIC
State Senate Refuses to Ask Gov.
ernoP Swanson 10 Give
Them Out.
COMPROMISE ON THE INCOME TAX
Mo Salary Under $1,000 Year viii
be Subject to Tax-Proposed Rail.
road Legislation Brings Out the
Lawyers-R. F. 6 p. Railroad Re.
peal Fight.
lspecial 10 rhe paily press.l

Especial To The Daily Press)
RICHMOND, VA. Jan. 2S-Judge
William +. Rhea. of Bristol faced
those who would thwart his nominal
ton as Il memter OF the state cor.
porniicn commission before the joint
committee on confirmation of the two
houses OF the legislature in open SEES
sion In the Senate chamber. this after
noon, but on account of the fact tina.
the opposing attorneys got into n dis
pute MS To the extent of evidence
which should lie heard for or against
he accused. no witnesses were heard
and after having voted down motion
for continuance the committee Went
into executive session. adjournns
afterwards until tomorrow morning.
Judge 'Rhea was surrounded by his
friends. Judge Arthur a. phlesar, of
Christiansburg. Il. Tate Irvine, OF
Big Stone Gap. and b. Franklin Mou-
chanan. OF Marion, who had volm-
tarily consented to act ms his counsel
during the proceedings without com
pensation.
Senator Noel, first stating his
charge. continued in saving that he
did not know that Judge Rhea had
employed counsel and lat for this
reason he was totally unprepared 10
go into the case. He further stated
that two thirds of his Witnesses were
absent and that in justice 10 the peo,
pie OF Virginia he thoua... 1t but pro-
per that 4 continuance be granted until
tomorrow He said, too, that j. +.
bullitt, OF Big Stone Gap. had con-
scented to listen TO all witnesses. and
had promised il he thought the evil
dence sufficient to conduct The pro-
secution.
Only three members of the commit
tee voted for the continuance, and it
seemed that the evidence would be
gone into this afternoon. when Judge
Phlegar, in stating the case said that
the charge against Judge Rhea had
nothing to do with the election
frauds alleged To have taken place in
southwest Virginia unless it could be
shown that the accused was person
ally guilty of such fraud. He aske1
that the committee not go into the
frauds, as they did not bear upon the
case at issue and since the said frauds
had been thoroughly investigated by
committee in Congress, when Judge
Rhen was acquitted by hostile jury.
Senator Noel in response said that he
did not think that Judge Phlegar
should be allowed to outline the
method of his defense and stated mat
In Justice to everybody concerned he
wished the matter investigated to the
very bottom 1t was at this point
that Judge Bullitt, counsel for the
prosecution first took the floor. He
stated lie did not desire to take any
part in the investigation until he mad
talked with The witnesses. rs the
charges he had heard talked of were
merely matters of heresay. He said
openly that he know nothing Of the
bribery charge and that 1t was ask
Ing an impossiiility for - commit
tee to say that he should name and
fix the specific connection which
Judge Rhea had with jhe several
charges. This committee is a quasi
judicial body" he said. land think
when the questions come up II will
he time TO fix limitations. This ,..sN
will be largely matter of circum-
stantial evidence"
In response. Mr.. Irvine said eve
issue a general denial that Judge
Rhea knew anything Of the several
charges The committee considered
among themselves for few minutes
in regard to the question OF limiting
the evidence and moment later adj
journed until tomorrow. in the mean.
time. sitting in executive session.
Papers Not to be Given to Public.
An animated debate was precipitated
in the Senate today over the resolution
offered by Senator Noel requesting
Governor Swanson to transmit all let
tiers. kilograms and correspondence to
the Joint committee investigating the
charges against Judge Rhea. The
resolution was called up by Senator
Noel. and It's adoption asked for, the
senator stating that he had been in
formed that many letters and other
documents with reference to the APP
pointment of Judge Rhea had been re-
ceived by the governor; that he want
ed all the light and information oh.
tanable as to the appointment to be
Continued on Page Sikh.