The Buchanan County guardian. (Independence, Buchanan County, Iowa) 1858-1864, 1859-08-18
Babbitt's Lawyer Confesses to Nine
Thousand Dollars.

Journal in defence of l.. w. Babbitt.
Judge Mason is regarded as very
shrwd lawyer, and possesses better
reputation than most of the leading legal
politicians of his party in this State.
Hence the party have been constrained to
avail themselves of the ability and repu-
tation Of the Judge so frequently, and
in such desperate cases as to have slight.
ly dimmed the brightness of his reputa-
lion, and detracted somewhat from his
influence.
We need but recall to public recollec-
ton few of the critical periods in which
the services of Judge Mason have been
called into requisition to save the party,
and defend the criminaity of its leaders.
AT the organization of the State govern
merit he was candidate for Superinten-
dent of Public Instruction on the Demo
cratic ticket. After a contest of some
months Harlan was elected and Mason
defeated. Thereupon Mason, then fresh
from the Bench, declared that the cleo :
ton had been held without authority of
law, and so Harlan having been elected,
and not Mason, the election was annulled
Again, Hall, Thompson Il Co. stole
the poll-books, and they were placed in
the hands of Mason as their attorney,
who, by concealipg them, strove to swim
die Miller out Of seat in Congress, to
which he had been elected.
Last summer the extravaganza of Bu-
chanan's Administration had excited the
attention and aroused the indignation of
the people, and again Mason was called
to the defence of the party leaders, and
went into lengthy, ingenious and soph-
istical argument in defence of the enor-
nous expenditures of the Administra-
ton. and claimed that these expenditures
were all right and necessary. And lit
lie later in the season the Judge entered
the field of newspaper controversy, as
sorting and maintaining. through divers
lengthy articles, that Judge Springer
wss not duly elected Judge of this Dis
trict, and that the general laws passed at
the session of the Legislature were not
in force.
The necessities of the party may have
demanded the services of Judge Mason
on all these occasions, but while they
have established his character and repu-
tation as the criminal lawyer of the Lo-
cofoco party, with perpetual retainer on
behalf of its leaders, public confidence
has been shaken. And now the commu-
nifty generally take it for granted, when
they find Mason in the defence, that the
case is very hard one.
With these prelmnaries, we approach
his artfu lawyer-like presentation of Bah
bits defence. He says he desires to cor
rect some mistakes made by the Gate
City. Then he goes on with a long pal
aver of white-washing ertenuotions of the
crime of Babbitt, but with no denial of
the facts whatever.
We stated that Babbitt had been turn
ed oat of Office by President Pierce be-
cause he was delinquent in large
amount, and that suit had been brought
against him by the Government years
ago, and that the suit was still pending
and undecided
Judge Mason does not deny these ma
terial allegations, but he sets up that Bah
bitt claimed more than the Government
allowed him under the law, and that,
therefore, he ought not to be considered
defaulter. Eads also claims more than
the State will consent to allow him, and,
on the same principle, some of the De-
mocracy insist that lie is not defaulter,
but that, on the contrary. the State owes
him twenty-five thousand dollars. This
logic may do for criminal lawyer, but
it will not answer with plain, honest men,
who have to foot the bills.
The Judge was inclined to think that
the law was in Babbits' favor till he
found out what the law was, some
months ago. and now he thinks that it
is against Mr.. Rabbit; and, in view of
this, his last think on the subject, the
Ju lge admits that the amount of Bah
bits default is nine thousand dollars.
The Judge don't like 10 call Rabbit
defau!ter,' and that seems the only ma
teria difference between him and the
Cute City. But the law and the diciion-
ary, as well as public opinion and the
Gate City. hold that public officer who
fails to square up with the Government
and holds on to its money is default
er' in spite OF the squeamishness of pol.
iticians or the protest of criminal law