, 1873-08-29
FARRELl'S BLUNpER.
Judge Dool1ttlc's Alleged Contempt
Against tho Peoria Circuit
Court,
What the Ex-senator Hns to Say
About Farre1rs Stupid
Dlunlor.

Luu AuQHtAAGU VI NIL AAlCAfAQN III AulAVhaS
Hcportor-Wcll, Judge. thoy say you and your
client, Tioo, lave been arrested and takon to
Peoria for contempt Of co,itt. What does 1t
mcan7 don't comprehend 1t.
Judge D.-You aro not tho only ono who cam
not comprehend the stupid blundor Of Dewitt @,
Farrell In arronting Tico and myself without no
tico, upon m attachment roturnablc before a
Judge at oha.nborB, to punish us for An alleged
contempt against tho Circuit Court Of PEORIA
County, for the violation Of On injunction never
served upon either of ua, and Of which neither
had any uotito. except when In the presence Of
the United statos Circuit Court, whore all tho
parties were proscnt. 1t waa road upon the hoar
Ing and argument OF cauBe Of which that
Court bud full turiBatotion Of all tho
parties and Of the whole subject matter.
viii bo likely to bo made to realize il e tho full
extent. The attompt Of Emory and Farrell to
got up conflict Of jurisdiction between tho
State mud Federal Oourts will fail. There u no
conflict, III fact aud, to one wlo stops to think,
tll0re il 10 ground for any. Tho chu eB wero
ponding la tho Uuited States Circuit Court for
years, oil partion having boon heard, and tue
opinion Of Judge Bsndgott pronounoca upon tho
merits. After his decision, Farrell became A.
aiguee, for little Or no consideration, Of tho
olaims Of all tho other plaintiffs, ami commenced
his cause iu the peorlA Circuit Court for tho
Eame oauses Of aotion already decided In tho
Federal Court BY eo}lusion with Emory, and
by frauduloutly concealing from the State Court
tic true facts Of tho case, 10 imposed upon that
Court aud obtained dccroo By fraud. I4o btate
Court acted upon tho cane on presented, but tho
caee presented by Farrcll and Emory wla itself
fraud aud lio-a fraud, not only upon 1ice,
my clinnt, who had no opportunity to be heard,
aud upon tlio Unitod States Circuit Court. 81 30
ably stated ln Judge Dodgott's Opinion, but
upon tllo State Court. It ,was abusiug Tho pro-
cess aud using Tho Btate Court to carry out their
fHht {St1 15fyft fHf
Court will bo rs swift to punish as eho Federal
Court. The Staso Court wilt never lend its sauo-
tion to an attompt 70 deprive tho Federal Court
Of its Jurisdiction In caso whore MI parties
have becu heard mud in which, by expreBs Btlp-
ulation Of the parties gu file, It was ngrecd that
whom tho case 'saB decided that Court should, by
an order, direct the, money, tho subject matter
Of tie suit, to bo paid to the part5 who owned It,
Such stipulation IL on flo i'll tho Uuitod
States Circuit Court in these cases.
Roportor-Thcn, [ understand, you and h1r.
Tico have no foar Of being sons to tail for con-
tempt OF the Peoria Court?
Judge D.-No, not at all. While We arc acting
in obedience To tho orders Of a Court having full
Jurisdiction Of Ill the parties, We haye no csuse
OF reaaou to toar.
Reporter-But what object had Farrell in ar
resting you ?
Judge d. suppoHo lo thought wc would got
out habnas corpus from tho Federal Court, md
betwecn tlo stalo auii Federal authority. In
this they did not. succeed. We hava too much
confidence and lcgasd far all Courts State and
to auy act Of disretpcct Protesting aEniust our
arrest, we wont in c,iatody Of tho Sheriff Of Cook
County to Peoria, ard appeared holoro the Hon
orable Judge oochrane, aud presented tho eaao
ton. at Chambers, I statod also tic
iacts above alluded to-, and presented
n copy Of tho opinion OF Judge Blcdgett, in
ofuno 1,n h3ofHFr NJ f1a the,
Federal Court. and shows THO colusion and
fra1ld practicod by Farlell and Emery. Then
before the Judge, III tho pronence Of Emary and
Farre1l, Charged that they, BY their acts, md
by supp ossing the truth. had imposed upou tho
stato court, and welo using iss 1'rocoas not only
to evade the ju,iHliction Of tho Federal Court,
defraud my client Of his just rights. but also to
| malto The Stato Court their tool and instrument.
aud tnat holievcd WHOM tho Stato Court should
learn the faciH, it would frown upon them and
| would refuse it's sanction.
Ropoaor-Wlut Mas the reBult Of tho hoar-
Judgo D.-Faroll and his counsel evidently
reconsidered their notion. They askad to dis1nsh
| course, done. Tho Judga dismissed Tico from
arrest, and decided that he would hear the mat
tor upon tho morits of the attachment, 80 far as
Mr.. ,Tice. was CONCERNED, on tie third day
when. Think upon tho presentation Of all tho
facts, tue Court will be more likely to punish
| Farrell for his fraud aud imposition upon tint
Court t!nn to punish 1ico for Ills obedience to
Ito decisions Of the Circuit Court Of the Uuitod
| Statea.
Roporter--And now. Judge, let mo ash you
| what will you do next in tlis tnatter?
Judge D.-As to that shall have to ask you
| to wait aud see. And. In conclusion, lot me say
rs I am much presned for time, that this whole
matter is Of worry little consequence, and per-
haps not entitled to the consideration which it
has received from tho press.