three years; the reputation of Rial Irish for truth and veracity, as far as witness knows, is good; has never heard the reputation. of Benjamin Irish for truth and veracity doubted until day before yesterday. John Parshal sworn-testified he is acquainted with Samuel N. Gantt; has known him for about a year; thinks his reputation for truth and veracity is good; witness knows nothing to the contrary; is acquainted with Benjamin and Rial Irish; has known them about three years; thinks the reputation of Rial Irish for truth and veracity, as far as witness knows, is good; thinks the reputation of Benjaman Irish for truth and veracity, as far as witness knows, is good; witness resides in the same town with them. Asa Fuller sworn-testified he is acquainted with Samuel N. Gantt; has known him since June, 1836; thinks his reputation for truth and veracity to be perfectly good; has never heard any thing to the contrary; witness is acquainted with Benjamin Irish and Rial Irish; has known them for two or three years; thinks the general reputation of Rial Irish is good; has never heard it disputed; thinks the general reputation of Benjamin Irish is good; witness resides in the same town with them. On motion of Mr. Lothrop, Resolved, That the testimony in the investigation of the official conduct of Judge Morell, be now closed. On motion, the committee adjourned until to-morrow, at two o'clock, P. M. Thursday, November 23, 1837. Present-Messrs. WISNER, FELCH, ELY, LOTHROP, BINGHAM. After hearing the argument of opposite counsel on the behalf of respondent, On motion, the committee adjourned to 6 o'clock, P. M. AFTERNOON SESSION. Present-Messrs. WISNER, FELCH, ELY, LOTHROP, BINGHAM. The committee decided that the following copy of an indictment should be admitted and attached to the proceedings: Circuit Court of the State of Michigan in and for the county of Oakland, of the term of May, in the year of our Lord one thousand eight hundred and thirty-seven. County of Oakland, to wit:—In the name of the People of the State of Michigan, the grand jurors of the People of the State of Michigan, inquiring in and for the body of the county of Oakland, in the state aforesaid, on their oaths, present, that Rial Irish, late of the township of Pontiac, in the county of Oakland and state of Michigan, at the township of Pontiac, aforesaid, and within the jurisdiction of this court, on the twenty-sixth day of January, in the year of our Lord one thousand eight hundred and thirty-six, with force and arms, did then and there utter and publish as true, to one George W. Wisner, a certain false, forged and counterfeited promisory note, for the payment of money, commonly called a bank bill, in the words and figures following, to wit: With intent to prejudice, injure and defraud the said George W. Wisner, he the said Rial Irish, at the said time of his so uttering and publishing the said false, forged and counterfeited promisory note, then and there, to wit: on the twenty-sixth day of January, in the year of our Lord one thousand eight hundred and thirtysix, at the township of Pontiac aforesaid, well knowing the same to be false, forged and counterfeited, contrary to the statute in such case made and provided, and against the peace and dignity of the people of the state of Michigan. And the grand jurors aforesaid, do further present, that Rial Irish, late of the township of Pontiac, at the township of Pontiac, aforesaid, in the county of Oakland aforesaid, and within the jurisdiction of this court, on the twenty-sixth day of January, in the year of our Lord one thousand eight hundred and thirty-six, with force and arms, feloniously did then and there have in his possession a forged and counterfeited negotiable note, purporting to have been issued by the President, Directors and Company of the Bank of Utica, a corporation duly authorized for that purpose, by the laws of the state of New York, in the words and figures following, that is to say: With intent to utter the same as true, with intent to injure and defraud one George W. Wisner, he the said Rial Irish, at the said time of his having the said forged and counterfeited negotiable note in his possession, then and there, to wit: on the twenty-sixth day of January, in the year of our Lord one thousand eight hundred and thirty-six, at the township of Pontiac aforesaid, well knowing the same to be forged and counterfeited, contrary to the statute in such case made and provided, and against the peace and dignity of the people of the state of Michigan. State of Michigan, County of Oakland, ss. L.S. I, the undersigned, clerk of the circuit court of the county of Oakland aforesaid, do hereby certify the foregoing to be a true copy of a bill of indictment on file in my office, in a case entitled "The People of the State of Michigan vs. Rial Irish.” In witness whereof, I have hereunto set my hand and affixed the seal of said county, this eighteenth day of November, in the year of our Lord one thousand eight hundred and thirty-seven. CHARLES DRAPER, Clerk. The copy of the resolution transmitted from Lapeer county, purporting to have been an expression on the part of the grand jury, was, on motion, rejected. Šundry questions which had been propounded to witnesses by respondent's counsel, the decision of which, by the committee, was reserved, they decided to be inadmissible. A protest, drawn up by respondent's counsel in the early stage of the proceedings, was, on motion, decided by the committee to be inadmissible. On motion, the committee adjourned until Monday evening, at half past six o'clock. Monday, November 27, 1837. The committee not all appearing present, on motion, adjourned until to-morrow evening at half past six o'clock. Tuesday, November 28, 1837. There not appearing a quorum present, on motion, the committee adjourned until to-morrow evening at half past six o'clock. Wednesday, November 29, 1837. Present-Messrs. WISNER, FELCH, ELY, LOTHROP, BINGHAM. On motion of Mr. Lothrop, Resolved, That the ten first charges against Judge Morell, although not in every case perfectly explained, are not, in the opinion of the committee, sufficient to base any action against Judge Morell, before the House of Representatives. On motion, the committee adjourned until to-morrow at nine o'clock, A. M. Thursday, November 30, 1837. Present-Messrs. WISNER, FELCH, ELY, LOTHROP, BINGHAM. Mr. Wisner offered the following resolutions: Resolved, In the opinion of this committee, that the eleventh charge has been sustained. Resolved, In the opinion of this committee, that the twelfth charge has been fully sustained. The question being on the adoption of the above resolutions, it was decided by yeas and nays, in the negative, as follows: YEAS. Mr. Wisner. NAYS.-Messrs. Felch, Ely, Lothrop, Bingham. Mr. Lothrop offered the following resolutions: Resolved, That in the opinion of this committee, the charges aforesaid have not been sufficiently sustained to warrant any proceedings against Judge Morell before the House of Repre sentatives. Resolved, That the committee report to the House, that in their opinion, there is not sufficient evidence before them, on the charges preferred against Judge Morell, to require the interposition of the constitutional power of the House of Representatives. The question being on the adoption of the above resolutions, they were decided by yeas and nays, in the affirmative, as follows: YEAS.-Messrs. Felch, Lothrop, Ely, Bingham. NAYS.-Mr. Wisner. On motion of Mr. Wisner, Resolved, That when this committee report their opinion to the House, the evidence which appears upon the journal of the committee, be annexed to the same. Adjourned. ** Committee met. December 5, 1837. Present-Messrs. WISNER, FELCH, ELY, BINGHAM. On motion of Mr. Felch, Voted, That the following report be made to the House by the committee, accompanied by the testimony taken before them, all documents received in evidence, and all resolutions which are adopted by them and are made a part of the proceedings. YEAS. Messrs. Felch, Ely, Bingham. NAYS.-Mr. Wisner. The committee adjourned. (No. 2.). Resolution of the Grand Jury of Lapeer county, relative to the conduct of S. D. M'Keen, in advising Judge Morell not to hold the April term of Court in that county. Resolved, That S. D. M'Keen, in stating to the presiding judge the business in the circuit court in the month of March last, and the Hon. Judge Morell, in omitting to hold a court in April last, in our opinion, acted in accordance with the true interests of the people of this county. Caleb Carpenter, E. K. Parshall, Stephen Smith, State of Michigan, Lapeer county. J. G. Freeman, Richard Arms, jr. Ira Peck, I hereby certify that the names attached to the above resolution are those of the entire panel of grand jurors in attendance at the October term of the circuit court for Lapeer county, holden on the 17th of the present month. [L. s.] October 20, 1837. NOAH H. HART, Clerk. |