Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1872-02-21
AN EDITOR IN A NEW ROLE.
The Secret of FIemIng's Attack OH Brooks
and Baxter.

The Secret of FlemIng's Attack on Brooks
and Baxter.
We published yesterday simple abstract
from the proceedings of the Chancery Court, IN
the case Of Z. j. Brooks VS.. Jno. NJ. Fleming
AS the latter gentleman deems the case SO I'M
portant as to make it the occasion of bitter as
sault upon the client opposed to him and his
solcitor-publc interest and curiosity demand
that we should publish the facts of the case. 1t
will be seen from the grave charges made and
the manner of their being made, that Mr.
! Fleming will find it necessary to answer them
otherwise than by violent abuse of the parties
| If he is not guilty of perjury, as Mr.. Brooks
charges, Mr.. Fleming ought to say so and
prove the charge false. 1t will not do to an
swer by accusing Brooks of being carpet
Dagger" That is no longer a badge Of disgrace
IN THIS community. 1t does not matter that
Maj Brooks solicitor is not personal friend
of Fleming's. The charge against Mr.. Flem-
ing is that he is guilty of PERJURY. He is
Prosecuting Officer for the State for this county
and he ought either to resign or prove the
charges false. Can he do it
THE CHARGES AND PROOF.
For some years Maj. E. j. Brooks has been
firm developing the iron interests of the old
Embreeville Iron Works. Owing to protracted
sickness of his wife, he sold out his interest in
the furnace a few days ago for $1,000, to engage
in other business. He visited Knoxville ard on
examining into his business, temporarily neg
lected during his absence at Embreeville, he
found it necessary to employ Col. Baxter and
take the following steps .
THE PETITION AND CHARGES
To the Hon. o. p. Temple, Chancellor, &C.,
setting az CbGncery at KaIorritte, for hRo@
County, Tennessee
+. j. Brooks comes and complains OF John
NJ. Fleming, an Attorney and Solicitor of this
Court, and charges, that for two years prior to
February, 1863 he and the said Fleming prac-
| ticed law as partners in this and other courts
But on tie 10Th day of February 1868 your
complainant filed his bill, No. 1889, in
this Honorable Court, to adjust and settle their
partnership accounts. To this bill, so filed.
said Fleming was duly and regularly made a
defendant. Complainant, among other allega-
tions in his said bill, charged that said Fleming
had Heretofore received q fee of 500 from
Donaldson, Of Blount county, and called on said
Fleming to answer, upon his corporal oath
whether said allegation was true. On the 18th
April following, said Fleming, in Pursuance of
| law and in conformity, with the practice IN this
Court, prepared an elaborate answer to COM
plainant's said bill, and among several other
statements which complainant believes and
charges to be false, he answered as follows
ut is not true that defendant received $500
| from q, Donaldson, of Bount county, and this
the Solicitor Of the complainant must have we'll
known when he drew his bill. An assign
ment of judgment was taken from Donald
son by respondent with view of securing the
| fees of Temple e. Andrews and this respond
ent, but if any part of said fee has been col
| lected, it mast haze been done By complainant
1 ceT'THtNLU not OU 1eSDOudeUt,'
This answer was duly sworn to by said Elem
| ing, before Z. w. Adkins, at the time a Deputy
| Clerk of the Circuit Court of Knox county,
who, under the laws of Tennessee, had compe-
tent power and authority to administer said oath
| in the premises.
Notwithstanding complainant charges that
said Fleming had heretofore received said fee
due from said James Donaldson, of Blount
county, in full to wit on the 18th day of Octo-
Der, lS67-not quite five and half months be-
fore the filing of his said answer which is evil
| denced by his written receiptin his well known
| handwriting, now in possession Of complain
| ants Solicitor to be ready to be produced and
exhibited to the Court as evidence whenever re-
CURED.
Upon the strength of this receipt and other
| evidence to be produced on the hearing Of the
| foregoing charge, your complainant charges
| that said Fleming made on oath in a judicial
proceeding false statement in regard to a ma
terial issue involved in said suit in the particu-
lar hereinbefore stated, and that he did so know
| ly and corruptly, and that he then and there
committed the crime of perjury wherefore
! complainant charges that the said John NJ,
Fleming has been guilty of high crime, the
commission of which is inconsistent with pro-
fessional character and incompatible with the
faithful discharge of his professional duties.
And complainant therefore prayS that he be
| furnished with q copy of this complaint, and
that he be required, by rule of this Court, to
appear and show cause why he shall not be
stricken from the roll of Attorneys and Solicit
tors of this Court And on the hearing COM
plainant prays, if the facts alleged be found to
be true, that he be, by an order of this Court,
stricken from the role of its Practcing Attor-
neys and Solicitors. And complainant prays
for such further and general orders in the
premises as may, in the opinion of this Court,
be just and proper and as in duty bound,
complainant will pray, &c. Is
JNO. BAXTER,
....-. - Sol. for Comp Z. j. Brooks
THE ORDER OF THE COURT.
E, j. Brooks VS.. John NJ. Fleming.
No. 1889.
The complainant comes, and through his So
hcitor moves the Court for a decree pro cont
feSSo both as To the ORIGINAL and amended hill