Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-06-13
A CAUSE CELEBRE.
Capt. j. ]. Womaek's Suit Against
Ex-Comptrellcr Hobbs.
Plaintiff Tells Union and American
Reporter aIl About 1.-THE Original
Petition and Defendants Demurrer.

tract; has attracted some attention of late,
a reporter of this paper obtained some facts
yesterday in relation to the case from Capt.
Womack, who is now the managing editor
of the Nashville Journal of Commerce:
Upon Being INTERCEPTED By our reporter,
Capt. Womack told the following plain, un-
vanished tale:
al never saw Hobbs until at the time he
was elected Comptroller. had been liy-
ing in McMinnyille, practicing law. /
came to Nashville during the session of the
Legislature in 1873, as a candidate for the
office of Secretary Of State. Several o., my
friends in the Legislature worked for
Hobbs and finally succeeded in electing
him Comptroller. AAfier the election, he
came to them and said, Gentlemen, L owe
my success to your efforts, and am willing
to do anything | can for you.' They at
once mentioned my name for the office of
chief clerk in his office, and he Immediate
ly promised me the place.
II was told of this promise, and called
on Hobbs soon after, when he reiterated
his promise, and when he took possession
of his office, appointed me chief clerk
SAT what salary?" inquired the reporter.
''The salary was not fixed. | remained
with him during the three months he held
the place, but have not received, for all
that time, more than half a months pay.
He told me about a month before he re-
signed the Comptrollershipt that he thought
of doing so, assigning poor health as his
reason, but urged him to not do it, and
was led to believe he had changed his
mind with regard to resigning." -
"YOu We're notified, when he did resign,
few days beforehand; supposes
"No, was not. Hobbs didn't treat me
in very gentlemanly manner. The first
notice We had was when Col. Burch came
in and said, well, gentlemen, | suppose
you know there has be II a change in this
Office; and thatI am now the Comptroller
We, that is Campbell and myself, told him
we had heard nothing of it before. A few
days after, Hobbs was about No leave the
city for his home at Waverly, without let
ting me know anything about it,"
''What is the amount Of damages you
claim?'
give thousand dollars. tried to settle
the matter by correspondence at first, but,
getting no satisfaction from him, entered
suit at the fall term of the Law Court"
''rhe case has been continued two or
three times, l believer"
'It was continued once, and was passed
over once on account of the absence OF de-
PENDANTS counsel. Ii is now set for next
week, but | am afraid Hobbs will get an=
other continuance. We are ready to have
the case tried and have been from the
first" .-.--...
''WhO are the counsel in the case"
"COl. Colyar is my lawyer, and Hobbs is
represented by QuarleS, Of GAINESVILLE and
of Waverly.
The reporter, at the close of this inter
view, repaired to the Courthouse, and
there copied the papers in the case.
The following is copy of
CAPT. woMACK's DECLARATION:
STATE OF TENNESSEE, Davidson Conn
", Law Court of Nashville, September
Term, 1STS.-J. J. WOmacll, by attorney,
of W. W. Hobbs, who has been
etc. ....... .......--.
For that, heretofore, to wit: on the -
day Of =, 1878, the said defendant was, by
he Legislature of Tennessee, duly elected
Comptroller Of said State, and, being so
elected, he, the said defendant took upon
himself the duties of the office, accepting
.he same and giving his bond and agreeing
to same for and during the full
erm Of two years, and being so
elected and so conserving to same,
ne, the said defendant, being in need Of
clerical service, in consideration of the ser
noes to be rendered by plaintiff in the
office of comptroller for the term of two
-ears, agreed and undertook and bound him
,elf TO plaintiff to pay him the sum Of
dollars per month, and therefore the said
plaintiff, in pursuance of said contract and
broke up and quit his profession,
O-wit: the practice of law in the county
If Warren, and removed to Nashville at a
great expense, tO-wit: the sum of -
iOllars, thereby quitting and sacrificing his
'egular and lucrative business to comply
With his contract which he had made with
he said Hobbs, and in which he agreed TO
erve him in the capacity of first clerk in
he Comptrnller's office for and during the
erm Of service for which hethe said Hobbs
vas elected, the said Hobbs claiming that
he was elected for the term of two years
md agreeing to continue in office for and
Turing that term.
But plaintiff AYERS that after he had made
aid contract to serve as aforesaid for and
Turing the said Hobbs term, to-wit: for the
erln of two years, and after plaintiff had
emoved his family at the sacrifice of pro-
,erty, money and business, under the pro-
Mise and agreement of the said Hobbs to
,ay him as aforesaid for and during his
aid term, he, the said defendant, in con-
liberation of large sums of money, bills
md lands, paid and agreed to be
aid, sold and transferred his in
crest in said office, and in pursuance
# an agreement entered into, transferred
he same by formal resignation, all OF
which plaintiff AYERS was illegal and in viO-
alton of law, and is utterly void, where
ore plaintiff was dismissed and is now
without employment, and can obtain no
having quit and given up his
rofeSsiOn and business in Warren county,
nd plaintiff ayers that the said Hobbs is
till in law the Comptroller, and response
lie to the people for the faithful perform
nee of the duties which he took upon him
elf, the resignation being only part Of
he previous contract.
I'd count-and the plaintiff further
aith that heretofore, tO-wit: On the -
ay os -, 1873, he contracted with the
aid W. w. Hobbs, to faithfully serve him
n the capacity Of first clerk in the office Of
for and during the full term TO
which the said Hobbs was entitled to the
ffice. tO-wit: for the term of years,
Or the sum of - dollars, ana therefore
he plaintiff, at a great sacrifice of money
nd business, entered upon the discharge of
lis duties and continued to act until he
vas displaced by the illegal and wrongful
CT of the said Hobbs, without fault on the
art of plaintiff, the said Hobbs, for a con-
liberation, agreeing to resign in favor of
mother, without providing for plaintiff in
aid clerkship, wherefore, by the illegal and
Unlawful act Of said Hobbs, the said
llaintiff was dismissed and can find no en-
lOyment. .-.
Sd count-plaintif further AYERS, that
heretofore, to wit: On the - day of
. said defendant, being the Comptroller
f the State, contracted with plaintiff and
old to him the first clerksip in said Office
or, and during the term of - year, and
id put him the said plaintiff in the said
ositiOn, but afterwards, and without any
from plaintiff, and upon CON
idera'i ion quit the office for the benefit of
mother, turning over the Offie and ali the
therein, whereby plaintiff has
,een deprived of the means of support
nd is without employment.
4th cOunt-Plaintiff further ayers, to-