Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-10-08
pERsnNaI.

Personal.
On the 9TH of last month letter was
received by US from Gen. Jos. A. .Mabry,
of Knoxville, enclosing a printed slip,
with requost that we publish and send
bill for payment. This printed slip be-
gan thus:
KNOX COUNTY CHANCERY COURT.
By permission of Chancellor Temple,
the following is published
John Baxter VS.. Jos A. Ma5ry ct ais.
In this cause Gen. Mabry rose and
spoke, as reported 10 MS, substantially as
follows"
The slip was sent TO the printer without
being read by us and was printed in the
UNION AND AMERICAN of the 9th as an |
advertisement. Upon reading it on that
day, we found itcontained charges agsinst |
Col. John Baxter, grossly outrageous
and foul and imputing TO his father and
brother criminal and infamous conduct.
Independent of the fact that some Of the
charges were too monstrous for belief,
the matter was of character not per-
mittcd in this paper, as an advertisement
or otherwise, and would not have been
admitted had we knownits purport before
/ its insertion. On the day of its publica-
ton we wrote to both Col. Baxter and to
Gen. Mabry TO this effect, expressing our
regret that it had found place in our
columns.
Since then we have been informed that
this matter which purported to be a
speech in the Chancery Court was not de-
livered before that tribunal, and that its
publication was not officially authorized
by the Chancellor. TO ascertain the
true facts, we addressed note of inquiry
to Chancellor Temple, which, with his
reply, is as follows:
Hon. o. P. Temple, Chancellor, etc, Knoxville,
Tenn:
OFFICE OF TIE UNION AND AMERICAN,
NASHVILLE, Sept. 81, 1870 Dear Sir:
| VIII you please inform US whether the
printed matter enclosed, purportiDg to be
4 a speech of Gen. Jos. A. Mabry in the
Knox County Chancery Court in the
. matter of John Baxter VS.. Jos. A. Mabry
ct ais, was actually delivered, and
whether its publication was authorized by
i you? We should be pleased, also, to
n have your statement of what occurred on
that occasion.
An early answer will oblige,
Yours respectfully,
j. o. GRIFFITH & Co.
Messrs. J. o. Griffith SEQ, Nashville, Tennessee,
l. Gentlemen:
/. KNOXVILLE, Oct. ,, 1670-On my re-
q turn home from the West on the LIST inst,
l found your favor of the 9th ultimO
Soon after the reported speech of Mr..
Mabry was published, took occasion TO
make some remarks from the bench, which
q were reduced to writing, and filed with
the Clerk and Master. The latter was di-
rected to furnish a copy TO any one who
Il might desire it. That document will fur
1t nish you the information you desire. You
Il can procure a copy by writing 10 Col. NJ.
), /. Patterson, Clerk and Master, at this
place, and probably paying his fee there.
} for.
In view of the dclicacy of my position
in this affair, beg to be excused from
saying anything more.
Is remain very respectfully,
r o. p. TEMPLE.
4 The following is a copy of the remarks
l. Of Chancellor Temple filed with the
. Clerk and Master:
l., L. &c Il d 7. A
2 Mabry, / wish to remark that on ycster
day saw, for the first time what pur
, ports to be a speech delivered in this cOur
&c by Mr.. MabTy. Its publication is intro
ducCd by the statement, in substance, that
it is published by my permission, and that
said speech was delivered before me
" Whether this statement was made by Mr.
i Mabry or by the editor do not certainly
y know.
8 Those who were in Court on the day
said speech was made will remember thai
but detached portions of the speech, as
3 published, was uttered in this Court.
C Three different times, when Mr.. Mabry
i was using improper language, as thought
-. or when perceived he was about to dc
, 50, checked him, and notified him he
could not proceed in that style. He hat
a manuscript before him, but spoke orally
is nearly entirely. Finally, when he found
| would not allow him the liberty of say,
" ing what he desired, OF what he haC
written, he Ccased-remalking that he
/ could publish his speech, or he supposed
If he could publish ito which | replied,
y in substance, every well, " or certainly,
that is the proper place in which to dis
u Cuss personal matters, and not in this
p Court" About the same conversation
n occurred on the street between us as in.
,, diyiduals.
- This is the extent of my permission ia
J. publish the speech. Certainly a worse
e opinion could not he conceived of any
;, Court, than that it would not only quietly
! listen to a speech so full Of personal mat
ter as is this one, but, in addition thereto,
would so far endorse it es is implied in
the statement that it is Published by per.
10 mission of the Chancellor presiding. AS
= judicial act | neither intended to give
p, permission, nor deny permission. No
permission from me was necessary. Nor
u did | ever hear or see, until published,
4: that speech, as it is published. l heard
p detached portions Of it, but refused to
hear the worst parts of it, as any Chan
Z CellOT in the land would have done, who
:, had any regard for the dignity of the
l. Court over which he presided.
n This much / deem it my duty to say
publicly in order that this matter may be
. clearly understood. Parties litigant in
this court cannot I've permitted to bring
the court into contempt or dsrepute by
c indulging in improper personalities. And
i | may add, that the history of this cause
has taught me the necessity of firmly and
promptly REFRESHING the first and slightest
manifestation of improper language on
s the part Of both clients and lawyers, and
: of restraining all improper conduct on the
part of all persons under the control of
this court and in the presence of this
court; and such shall be my course firmly
and imparlially in the future.
Upon this state of facts we deem it due
to ourselves as public journalists. TO Col