The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1859-02-10

Of the Journal Of Commerce, because it indi.
Gates m independent and determined oppo.
sision to the acquisifion Of Cuba BY the large
and influential class whose sentiments and
interests are advocated by that sheet.
An Extra JudiciaI Trick.
During the tendency OF the canvass for
Judge in this district last Summer, the then
Judge and candidate for reelection, T. w.
Clagett, published card in the Journal, and
requested ali the papers Of the District to
copy ii for the benefit Of the people.
That card stated that he, (the Judge,) in
order to save unnecessary costs to suitors
defendant 10 court, had adopted rule dis
pensing with all pleadings till the second
term OF the court, and that parties, there
fore, need not be a, the expense of employ
ing Attorneys for their defence, as no default
could be taken till the second term. That
card was denounced in our paper, at the time,
as an electioneering trick, and sheer hum
bug.
Many honest and credulous persons, in
GLIDING some attorneys and numerous de-
PENDANTS, however, put faith in this stump
speech and ewspaper-ventilated Rule for
the benefit Of the dear people, and acted ac-
cordingly. Yesterday the question came mp
IN Court, on the call for defaults, and At
forded the subject matter Of defence, and
the lawyers set to discussing, and cussing
III
without the dis, during most Of the day
Clagett insisted that it was not judicial
but only . political document, and that, in
consequence, nobody need TO have been de-
oeived thereby.
Whether Judge Springer, whs now oocu-
pies the Bench, notwithstanding this politi-
cal Rule Of Court, will hold the same opin.
ion, remains to be seen, as the question is
reserved for to morrow.
That Decision OF the supreme Court.
The Journal Of Saturday evening has q
communication, endorsed by an editorial, in
which the Supreme Bench Of our State 10 de-
nounced Is humbug, and its decisions held
up to public scorn and contempt. And the
public are counseled not to aoquiesos in the
rulings of the Court, s'because no power car
"more easily undermine liberty or break
"down every safeguard against the lawless
| ethan this high tribunal"
/ We commend that latter sentiment to tn,
consideration OF the Democracy in connec
ton with the Supreme Court of the United
STAGES, which is far more Influential ant
powerful, and from which far more dange
is to be unprecedented to the CELEBRITIES Of tn,
country"
! The Journals denunciation is founded
upon the following indictment, and the de
cision thereon rendered by Judge Stockton,
Tax srArE or Iowa LEx Co..
/ District Court at h sokuk
MAY TERM, 1883.
The Grand Jurors for the State OF Iowa
duly empsneled, sworn and charged, to in
quire and true presentment make, in and fol
the body of the Townships of Montrose
Jackson and Des Moines, within the Count,
Of Lee and State of Iowa, at a term of th,
District Court for said county, begun ant
held in the City OF Keokuk, on Monday thu
Gath day OF May, A. d. 1858, lin the nam.
and by the authority OF the State OF Iowa
upon their oaths do find and present that one
Moses Parkhurst, late of the County OF Lee
and State of Iowa, on the lst day Of Febru.
airy, A. d. 1858, in the township of Jackson
in the County OF Leo and State Of Iowa, I did
1nldUfulIy utter, pGss, and tender in pay
ment false and counterfeit gold and silver
coin OF the denomination Of false and coun-
tcrfeit gold dollars, silver half end quater
dollars, dimes and half dimes, to divers per-
sons, whose names are TO your Grand Jurors
unknown, and the said Moses Parkhurst
knew ut the time aforesaid that the said coin
was false and counterfeit, and your Grand
Jurors, aforesaid, do say and charge tina,
said Moses Parkhurst did At the time and
place aforesaid utter, pass and tender in pay.
n,enf false and counterfeit coin ms aforesaid
contrary to the Statute in such cases made
and provided and sgainst the peace and dig
nifty Of the State Of Iowa.
ia. GOODRICH,
Prosecuting Attorney Lee Go.
DECEMBER TERM, 1853
STATE OF IoWA,l
Is. Appeal from Lee County
Rice, Attorney General for State.
Moss, for tho Defendant and Appellant.
OPINloH.-The indictment in this cause i,
materially defective, and the motion to Quasi
the same should have been sustained.
II does not charge that the defendan
Parkhurst uttered or rendered in payment
the counterfeit gold and silver coin.
Judgment reversed.
/. l.. d. STOCKTON, Justice.
Now the simple fact in this case, as ",
understand il. is that the portion OF the 10
dictment included in brackets, was not in th,
copy OF the indictment certified by Mr.
Leech, Clerk OF the Lce County Court, Il
the Supreme Conrt. And i. wrs upon ,hi
defective copy Of the indictment, for which