Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1858-11-17
(ADrIRTissnESr.l
To the Public.

W w upuH tHe pHIfcinu NuuEt
OF this State during its present term ut Austin,
my attention was called to the hriefs Of George
w. Guess Esq, in the case Of Barnett. Swing Il
HARDWOOD, rs. caruth, Terry 4 Dew, and L. Snow
ct nj. rs. I. Z. llawpe ct al. carried there from
this county.
The former was srit brought by myself rs
Attorney of &. 7. K d. against b. 5. & H., on
note .or PIG 65 dated Oct, 9Th sc, and due
at montiswith mortgage to secureit it's payment.
At the July Term 81 the case was continued as
on affidavit of plaintiffs, and at the Jan, Term
So submitted to jury, by their verdict n judg-
ment rendered in favor of plaintiff for the rrinc-
pal and interest due on the note and the mort
gage to he forccosed. When the Clerk came to
en'er the Judgment neither note or mortgage
could he found. On the 2Srd day of Sept, '5s,
plaintiffs, b. S. & H., by their Attorney Geo W.
Guess, petitionei for writ of error. Before the
transcript was prepared, dilligent but unsuccess
ful search was made for the missing papers. l
made out copy of the former from my books,
nd o't";"r' " tr"n0"rint Of the latter from the
County Clerk ...s 'Hr.. itu che putgrs 49, the
ease and madr a4jait hr'nr" r.4 Dist ''a,s
hat ,he originals had h.'n ,lai With the p.-isiou
md usel ne ielcn uUIr sua trial e.. &a, lbai,
vas really no uno.s.iDg ar The ahdavt copy or
.. cr:ua, bus ssy proper to make the hrst and
TIC lat..r VEGA g4Is ty T. Snow AMI FIto
aganSt -ayera! plaintiffs myself among re nGm-
Dor, for lF2G acres Of land, pUrchasciN. Sht'm q
sale, AZ d. january Term 81 our demurrer 20
I.lint0'' 5stltIoH was sustained, the case a
missed, ana plaintiff gave notice Of m appeal.
On examination OF auc briefs in case OF }uTn~
ctt, Swing Il tIarwood Us. Caruth, Terry * Dew,
found the following language used. There
was go evidence before the jury on which to pred
icate the verdict. True, some ten months after
the trial of the case the Attorney for plaintiffs
files copies Of note and mortgage the originals
of which he swears before the District Clerk were
in evidence before the jury when The case was tried
The Court will see that the affidavit Of the At
torney was made before an officer not authorized
to Take it. OF this the Attorney was well aware
and he knew very well an indictment for perjury
would not hold under this affidavit. Suppose
the plaintiffs in The court below were to come in
with counter afidavits. would the court stop to
hear the facts. If so might easily find dozen
men to swear that no note or mortgage ever
were offered in evidence on. the trial OF the cause
Now the truth is, no such proof ever was before
the court below, and the Attorney for plaintiffs
never once thought of it until petition for
writ of error was filed. 1t is then for the first
time he attempts to prove his cause. Even the
Judgment as it is, has falsehood in its face. 1t
recites that the "parties appeared" Now Gen.
Good, plaintiffs Attorney, is obliged to acknowl-
edge that the plaintiffs below never did appear IN
the cause and yet the General himself no doubt
furnished the Clerk with the copy of the judg-
ment rendered.
In the case of Snow, ct al vs Tawpe ct al. found
the following: "Such has been and still is the
combined determination of these defend ants to
take and to hold the land in controversy in this
suit, such is the deep settled plan by which
they have determined TO make for themselves
strong and valid titles to these lands. and yet not
withstanding all this villainy, treachery and fraud
our District Court says those men must have the
land. 1t is monstrous to think of. band of
men colluding together to take by fraud and
treachery from the daughter, the property pur
chased by the life blood of her father
| These are part of the records Of the Supreme
Court, intended for the examination Of the
Judges, open to the inspection of the Bar, and
nothing but the good sense of the Reporters
would prevent their publication and circulation
among the reports.
Justice to myself, decent respect FOR the good
opinion of our Supreme Court, and the members
Of the profession who practice before it, require
this statement, and the publication of the cor
responcence between Mr. Guess and myself in re-
lation ih9eto.
| In conclusion am conscious of the rectitude
of my conduct in the cases above mentioned, and
have no hesitancy in pronouncing false and de-
famatory any and every charge, insinuation or
intimation of dishonor able character in my
connexion with them.
JOHN J. GOOD.