Knoxville weekly chronicle. [volume] (Knoxville, Tenn.) 1870-1875, 1870-08-31
Knos Countr chnnccrr ,our,.

In this cause Col Baxter rose and spoke as re-
ported to US, substantially as follows;
May il please the Court-If your honor will
indulge me, would like to speak few minutes
to question of personal and professional privi-
lege.
The Press and Herald of last Tuesday an
nounced TO its readers that Col. Mabry had, on
the preceding day, entered a motion Tin this
Court to strike John Baxter from the roll of So
lictors alleging that he had accepted or agreed
e. accept bride TO dismiss the suit of Baxter and
Mabry."
This announcement was made during my alb
senco from the city. Upon my return i exam
ined the records and found that this statement of
the Press dnd Herald, like everything else APP
poaring in its columns relating to myself, was
false.
In its succeeding issue It made the further
statement that Mabry's alleged motion had been
continued till to-day for hearing This state
ment, like the first, is also untrue
But upon enquiry | have learned that he did,
in my absence, on Monday last, appear in this
Court and ask leave to enter such motion,
which your Honor refused to entertain or enter
of record until | could have an opportunity to
be heard upon it. And upon further enquiry
find that on the day of my return to town Mr.
Mabry applied in person to your Honor and
withdrew his application.
The motion is an absurdity upon its face The
charge is that | accepted, or agreed to accept
BRIDE to do what2 To dismiss my otcn stut
As complainant, have the right TO control it ;
to adjust compromise, prosecute or dismiss 1t,
| as my own interest or inclination NAV dictate
| in word, to do in the premises whatever may
| wish or choose to do and for my action / am
| responsible to no one. 1t is legal absurdity,
| therefore, to say that a man can accept a bribe
| to dismiss his own suit
Mabry's request to enter his motion was a de-
| liberate and malicious effort to SANDER me He,
and his legal advisor who thus far keeps him
| self concealed behind his client, knew that the
| suggestion WAS false and defamatory. His sub
| i IL
part of the original plot as the motion itself
! BY his motion he gave the SANDER q start, and
| by Withdrawing it he has prevented an investi-
| CATION, and deprived me of the opportunity OF
| disproving it by testimony.
| The suit referred to, seeks to hold him re-
| sponsiblo for the most gigantic and glaring
| frauds ever practiced by any man on this COM
munty, in the embezzement of large sums OF
money appropriated by the State for the con
structon of this Knoxville and kentucky Rail-
road Company. The exposures which have
been already made has bankrupted him pocu-
| narily ms well rs in point of reputaton-render-
| ed him desperate and reckless, and he and those
with whom he has divided the spoils, have re.
sorted to this notion among other means, to
drag me down to their own infamous level
Their imputaton is utterlyand unbecomingly
false have never accepted or offered to acccp
bride to dismiss my suit, nor has it ever beer
dismissed 1t is still pending, and will be pro
secuted with all the energy | can throw into il
to q final decree.
The fact is, Mr.. Aabry has endeavored ever
since the suit was instituted through his coun-
sci and others, without success, to effect q com
promise To accomplish this, he has agreed tC
accept the most humliating and degrading
terms-terms which, by implication, clearly ad
nit the fraudulent act imputed TO him by my
bilh His counsel Mr.. Henderson, who is nov
present, knows what | say to be true, and if
have not stated the facts correctly, desire hin
to rise and say so. Mr. Henderson was presen
and said nothing.)
Having said this much, / desire to say that
wish Mr., Mabry's motion renewed, in order tina
may have an opportunity to disprove and fal
sify his imputations. An application to strike
an attorney from the roll ought not, and / pre-
same would not be entertained, unless support
ed by affidavit Now, if Mr.. Mabry or his
skulking advisor whoever he may be, viii
come forward, renew their motion and support
it by an affidavit, pledge myself to this Honor
able Court and to my professional brethren herr
present not only to disproyc the imputation bu
TO prosecute and convict the party making thu
at ,iavit of perjury.
defy their malice and challenge them to pro
| coed