Year: 1876




The Senate having assembled, and
organized as usual into High Court of
Impeachment, the trial of Auditor BEN
NET was regularly proceeded with. Mr..
STUART of the prosecution proceeded to
deliver his, the final argument in the
case.


He said that the Managers had come
to do, unpaid, duty which had been
forced upon them. They had severe
criticism to fight, and the whole trouble
arose from Marion county. They had
Marion county to fight in the House of
Delegates, and they had Marion county
to fight in this trial.


He dwelt upon the failure Of the Au-
d,tor to make report of his fees, as charged
in the first article. Claimed that the
Governor and the peop:e had right
to know what fees had been received,
and that the Auditor had no good rea-
son for not complying with the law.
That it was his duty to have reported all
monies he received, whether as fees or
o,her wise, and he clamined that 1t was
never the intention of the "retaliatory
law" to permit the Auditor to pocket the
feels he received from insurance compa-
MES.


lie next took up the argument of the
defense, that the Auditor should be ex-
cused for misinterpreting the law. He
claimed on this point, that nisinter-
nretation Of law was no excuse. If 1t
we're, all prisoners might say that when
thew did wrong. they acted according to
their honest convictions. The Auditor
should have gone to the Governor, or the
Attorney General and asked his opinion
regarding the proper construction of the
law before he acted. He proclaimed
a. his dlctum, which he
asserted to be of equal
value is that of the gentleman from
Marion" that the Auditor did not
misunderstood the law; that he acted
with malice prepense, and merely proved
himself to be a smart, cunning, shrewd
man, who knew how to cover up his
tracks. Regarding the opinion OF the
Attorney-Genera sustaining the Auditor
in his construction of the law relating to
insurance fees, he characterized the OBJ
tanning of such an opinion at the time it
was obtained, as trick to cover up past
misdecds, and that the giving of such an
opinion was unworthy of an officer who
sspired to Gubernatorisl honors. The
MANAGER quoted from the New York
law on the subject, to show that it
was the intention in that State
that the Superintendent 'ot Insurance
should not nave his pay increased, and
the same spirit pervsded our law in
West Virginia, 1t was never intended
that the Auditor should receive more
tbsn his salary and stated fees. The peo-
nle wished to understand all about these
fees. whether they should go to the Au-
d,tor or not; SO they might be guided
Alright in future. The Auditor purposely
omitted to report his fees. because if he
did. It would be ascertained that his office
was a fat one, exceeding IN fatness the
office of President of the United States,
even after he had had his salary in
| creased.


In this way, the honorable Manager
continued to treat each article in turn.
He claimed that it was absurd
10 saw that the Auditor was
IGNORANT regarding the whereabouts o
the s., leo interest on the bonds belong
ing TO the lrreducibie school fund OF the
state That his letters proved that he
knew where the money was, and to
which fund it belonged. He had been
nrsised for his exertions in terreting It
ont but he knew all about it, allthe time,
and he had attempted and did succeed In
controlling it for private ends. Hew with
drew it from the Wheeling bank paying
four per cent interest and deposited it IN
a Charleston bank paying only q per
cent, and there be let it remain until
public talk, which extended throughout
every corner Of that little country
town" frightened him, and made
HIM place it to the credit of the State.


The Manager also ridiculed the idea
advanced by the Defense that the ap,
prosches made to Mr.. n. Smith Of the
Charest Bank, were unworthy Of be-
ing noticed, because the designs cen.
templated we're never consummated. He
argued that the intent to do wrong wa:
present and that the Auditor was there
fore morally guilty of corruption.


Having. thus examined all the articles
in detail, the honorable manager appealed
10 the Senators to act conscientiously il
rem re- dering their verdict, telling them tina
oil narties to this trial would soon pas
away but their individual records on th'
trial would be handed down to remote
posterity.


The Manager having concluded nj
argument and submitted his case' IN
Court adjourned.


A verdict will probably reached to-day
and thus will end the second and last @
the impeachments trials, which for NOR
than year past, have been occupyin
the greater part OF the attentive interes
OF the people of this State.


The Second Congregational Church G
Noruich CoDn has voted unAnimOusl |