Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1874-12-10
TIE ~CLERKSIHTP.
Hen. #. E..

A brief notice Of a pending contest
over the Circuit Court clerk.hi between
Or. Wheeler and Mr. LuttrelI, the newly
elected clerk Of this county appeared in
the Nashville Banaer a few days since
purporting to have been written at this
place. As this notice fails to give all
the facts in, the case, aud being in the
same communication that reflects On the
conduct Of Judge Giilsnwaters a, a Judge
and ca lculated to 90 him an injustice, we
will explain the cause Of the delay Of Mr.
Luttrell being indicted into Office. 1t
is due to him and also to others that
the facts should be made public.
At the August term of the Circuit
Court at this place after the election
the question touching Mr. Lu trells'
right to induction at that time wa
submitted to his Honor Chas. r. Vance
Special Judge Judge Glllenwaters
not being in court-who held that he
could not be then indicted into Office
as under the constitution the term of
the present CT. k did not expire till
the LIST, Of September following. Some
time after the expiration of the con.
stitutional term of DIR. Wheeler, Mr..
Luttrell presented his bonds to Judge
Giilenwaters for his approval with a
viewto induction into Office A part
OF the sureties on said bonds appeared
before the Judge and acknowledged
the execution Of the same. but others
did not. The Judge with a view to
accommodate Mr.. Luttrell proposed
to return to this place on a day fixed,
when twas expected the other sureties
would appear and acknowledge the ex.
eeution of the bonds The Judge re.
turned but tie other sure.
ties didpnot appear The Judge again
proposed to return to this place on a
day agreed upon, when Mr.. Luttrell,
hoped he could get the other sureties
to appear before bis Honor and make
the necessary acknowledgment. The
Judge returned the second time for
the purpose Of accepting the bonds
and inducing Mr. Luttrell into office,
but the absent sureties still failed to ap.
pear. The Judge had information by
this time that he deemed reliable that
the absent suretiss claimed that they
had signed the. bonds conditionally,
|that said conditions had not been com.
plea with andithat they would mot
acknowledge the execution of said
bonds, but would claim their release,
His Honor thought he could not with
safety approve, the BINDS acknowledge by
apart only Of the surcties, especially while
others claimed that they had signed con-
~ditiohally and claimed d release from all
| liability in said bondo.. That the judge
was right in this action was afterwards
verified BY written notices from said alb
sent sureties,' that they would not be
liable on said bonds as they had signed
the same conditianally. The Judge ad,
vised Mr.. Luttrell on bis last visit TO this
place, to induct him, to get up new bonds
aud have the same signed and acknowl.
edged free from all conditions, and be
should be indicted into Office at once
This however he failed to do at the time.
At the late term Of the Circuit Court at
Elizabethton. Mr., Luttrell appeared
With DOW bonds with Acknowledgements
Of the same before q smagistrats; Though
ne. satisfied with the certificate. which
showed unnecessary conditions in the OK.
%ecation Of the new bonds. yet the Judge
concluded 70 approve them add ipduct
! Mr.. Lu,trell into office immediately after
the adjournment of the court. p Mr.
John Upton appeared at the time
appointed for the, Induction and fled he
petition under affidavit as the attorney
Of Mr. A. W. Dsaderick a citizen Of tbi:
county, asking permission TO contest Mr..
Luttr.ll's right 10 be inducted. aud sst.
ting forth various grounds of. objection
which need not nOs be made public. Mr.
Lnttrell then asked the Judge 10 delay
any further proceedings In hs snti'