be shown that
an honorable judge of the Superior Court of Georgia, in certifying to an
affidavit containing the confession of a mere adventurer, was engaged
in a conspiracy; but the question with which General Clarke had to
deal was, how did the offensive and malicious matter, contained in
an affidavit taken by a judge and one witness at night, become public
property? If General Clarke had been a more thoroughgoing politician, he
would have found a better way to confound his enemies than that which he
adopted; but he was deeply wounded by a foul charge made at night, and
put in circulation by means of nods and winks and whispers. His first
recourse was to the Legislature, consequently it had the effect of
strengthening both his friends and his enemies. His friends were
indignant at the action of the Legislature. His enemies professed to
be astonished that arrogance should fly so high as to bring before the
Legislature unfounded charges against a judge of the superior courts.

The legislative record is not as full as it might be. There was
something behind the Clary business that does not appear on the records
of the House and Senate. General Clarke wrote a pamphlet entitled "A
Legacy for My Children," in which, according to Judge Garnett Andrews
(see "Reminiscences of an Old Georgia Lawyer"), the matter of his
memorial to the Legislature is differently stated. According to Judge
Andrews, who bases his authority on General Clarke's pamphlet and on the
testimony of those who were familiar with the facts, Clary was arrested
and carried before Judge Tait on a charge of stealing horses. Clary
charged General Clarke with complicity. Mr. Crawford was the prosecuting
attorney. General Clarke accused Judge Tait and Mr. Crawford with
instigating Clary to make the charge.

The truth seems to be, that Clary, knowing the differences that existed
between these distinguished men, sought to help his own case by making
the charge against General Clarke, and that the latter was quite ready
to believe that his two opponents had originated the charges for the
purpose of doing him a mortal injury. Feeling assured of the justice
of his cause, he appealed to the Legislature. This failing, he took the
matter into his own hands. He challenged Mr. Crawford, shot him through
the wrist, and then challenged him again. A little later, cantering
along a street in Milledgeville on his fine sorrel horse, General Clarke
saw Judge Tait before him in a s