The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-02-26
aioy Report hat Recommends Confirmation Of Judge Rhea

: ANOA ~
a perusal of the evidence, which &C.
companies this report, Will satisfy TIE
Joint Assembly that patient and care
full investigation OF the charges against
Judge Rhea has been made; that every
witness named by Senator Noel was
promptly summoned at the expense OF
tho State; that every reasonaple ~.
diligence was allowed. and that, y,
many instances, the strict rules of cyl.
dence were relaxed; and the commit
tee now submits Its findings on tne
several charges in the order IN winch
they are made. except that relating to
the Scott county ballot. which Will be
taken up Just before that reiat'ns 10
the election of 1909.
Charge First.
al. In the year 1889 or 1890
movement was naugurated to es-
tablish a corporation court for the
was at the head of this movement.
Under the law such court could
not be established un1ess there was
as many as 1000 inhabitants In
taking the census of Bristol. Judge
Rhea had charge of the taking OF
said census. The said census was
fraudulcntly taken. and resulted
In the report that there were more
than 5000 inhabitants in Bristol.
A Corporation Court was according
~ established for Bristol. and w.
F. Rhea was elected judge there
"r charge that there were not
more than 2,94o inhabitants, as was
shown by the United States census
OF 1890. and that Judge Rhea wen
knew at that time that. the cen
sus first above referred to was
49,. tfnr sJTg.rn
thing like as many as 5000 inhabi-
tants in Bristol. and was q party
to the fraudulent taking thereon,
or at least knew that the same
had been taken fraudulently: but
TT thereof, and accepted the Judge
ship OF the said court, which was
established pursuant to SAID
fraudulent census"
The evidence shows that in the lat.
ter part of 1889 a movement was SET
on foot in the town OF Goodson 70
tablish a Corporation Court. wn ,i,
could only be done when the the population = !,
time, one OF tho most wonderful
ever experienced In Nir,
ginia. was In progress: towns were iald
pie were seized with mania for in
vestment in, town lots Everything
was on a boom, and even conservative
people were swept off their feet by
tho tide of what seemed to be a great
usual and distorted proportions. Iris
toll was not the only place which de-
sired the distinction of being city'
but, according to the evidence OF -.
Radford. Buena Vista and Big stone
Gap. The Common Council of Bris-
toll held meeting on the 18th OF De-
cembcr. 1889. and directed It's Finance
"a q N
persons to take census of the town;
and this committee appointed the May
or, who Is now member OF the COM
mon Council. and IL gentleman VINO
was afterwards elected Sommom-
On tho 18th day of January. 1890. the
Council voted 10 change the name
of Goodson to Bristol; and at that
meeting the Finance Committee re-
faithfully and we'll" and filed the re-
port of the enumerators, which was
duly sworn to. and which showed thas
they completed their work on the 4th
day OF January. 1890, and that the town
contained a population of 5,3s2. Tho
report was received and adopted. and
n copy of the proceedings in refer
ence TO the said census, properly at
tested was directed TO be furnished
TO Hon. r. l.. Roberts, Senator for the
district composed of Washington and
Smyth. and to Hon. E. S. Kendrick
and Hon. James Crow. members of the
House of Delegates from Washington
present the same to the General As
sembly OF Virginia and take the neces-
sary steps to secure city charter and
Court. That was done,
act was passed changing the name of
Goodson to Bristol. and on the same
day another act was passed Great
ing a Corporation Court. Hon. q. S.
r. Ill. tai %l,aS 1,a tS-ai mn
protest from any one but Colonel Full
kerson, and that lie did not believe
the census fraudulent. Some two or
three months later United States
then an enumerator. and now whis-
key Eauger. under l.. p. Summers.
United States revenue collector. and
the number of Inhabitants put at 2949:
fled that the town census was general.
" discredited all of which may prove
that the citizens and the Council of
the town. of Bristol Were enthusiastic
over their na town., town. and desired Its
But what did Judge Rhea have to
do with these proceedings? 1t is true
that Captain .Fulkerson testified that
he was. credited with. being at the
was then the City Attorney for Good
son and was directed to carry the
resolutions of the Council to Rich
TEOnd: but the evidence does not snow
that Judge Rhea had anything to do
with taking the census or any interest
in the matter other than that of a
citizen. and that he did not expect
or desire the position of Judge of the
Court On the contrary.
Hon. E. S. kendrick testified that
when, after conference with several
Of the Council of Bristol
Judge Rhea had been selected because
he had been county Judge of Wash
ington county, he approached Judge
Rhea, who. at first. declined the posi-
tion. stating that he was doing good
practice and could not afford to &C.
cept the 1udgeship. and finally only
agreed to take the place for mart
OF the term. and did resign IN 1895.
every member of the bar OBJ
rosed his resignation and petitioned
him to continue in office.
Tn view Of these facts, and the &C.
uuiescence on the part OF all Of the
citizens of Bristol. Captain Fulkerson
being a candidate for the office Of
commemorative attorney at the first
election after the establishment OF the
city, and tho statement by counsel
for the prosecution that re. this was
the only charge there would have been
committee finds Judge Rhea not gull
~ OF this charge.
Charge Second, In re Jordan.
"e. I charge that on the trial of
the case Of the Commonwealth Us.
Jordan, Judge Rhea delivered
1yarv remarkable decision, which