Iowa voter. [volume] (Knoxville, Iowa) 1867-1874, 1874-02-26
The Attack ON Judge Cole.
DIES MONIES, IA,

u
| Mr.. Edaor:-The recent unwar-
ranted attack upon Judge Cole, OF
the Supreme Court, by the Io,c1
State Leader, charging him with
completely in Gift Enterprise
Scheme, which was started in this
city something over a year ago by
Penny and Baithis, has resulted-as
the editor of that paper no doubt an
ticipated--in repetition of the SLAM
der by several newspapers in various
parts Of the State, and recommends
atiun that the Legislature, now in
session, appoint committee to in
vestigate the matter.
The writer of this article was pres
ent at the trial in the Circuit Court of
Polk County, aud heard all the tes-
timony by which it was sought to
implicate Judge Cole, as one of the
managers of the enterprise above re-
ferred to, and therefore knows
whereof he affirms. 1t was an ac-
ton by Penny VS.. Balthis on a prom
i-ory note, (which defendant had exc
cuted to plaintiff on final settlement
of their partnership affairs.
The defense was illegal considera-
tion, and it appeared in evidence
that large part Of the property adj
vertised as premiums was furnished
by Waldron & Bro, of this city, to
be paid for by Penny d Balthis
whenever they should realize enough
from the enterprise to entitle them
to deed for the same, and some of
the property thus sold by Waldron
4 Bro. belonged to Judge Cole. This
accounts for the circumstance that
some OF Coles property was on the
list of premiums, and it is fully and
satisfactorily explained by Waldron
q Bro. as well MS Judge Cole himself,
who testified at the trial-that he
gave to one of the Waldrons list of
some town lots and other property
for disposal, the same as he had
done before, and it should be borne
In mind that the Waidrons are rela-
tives of the Judge and that he aided
them to start In business at this place
and has frequently since made ex.
changes Of property with them, and
entrusted other property to their
care for disposal and at the time
Waldron obtained the list which APP
pears in the schedule of the property
advertised by Penny e. Balthis on
their circulars, he did not inform the
Judge what disposition would be
made of the property and did not
directly or indirectly mention the
enterprise to him aud Cole had no
knowledge that there was such an
enterprise, and he never knew that
his property had been used for that
purpose until he received circular
at Iowa City several weeks after the
scheme was abandoned moreover,
both Penny and Balthis the partners
i'm the enterprise testify that they
never had any conversation or cor
respondence with Judge Cole in ref
erence 10 the scheme or concerning
any other matter, and as regards the
property being tax titles there is no
foundation for the statement as the
evidence at the trial will chow up
on these points there is no conflict of
testimony.
1t Is universally conceded that
Judge Cole IL a man Of no common
ability, indeed his bitterest enemies
characterize him as sharp, shrewd,
far-seeing man, and one not easily
overreached /; taking then their own
estimate Of the man is 1t atall prob
able that, il he were engaged in this
unlawful enterprise, he would suffer
it to be unearthed i'm Court of JUS
tice and his own fame imperiled
thereby for the paltry sum Of forty
dollars? Would it not be more con-
sistent with the character they as
cribe to him for him to have paid or
caused to be paid the forty dollars
from his own purse and thereby
have stopped the suit? Most assur-
eddy it would have been done, were
he the guilty man his enemies point
him.
Not only then does the evidence
adduced at the trial fully and con-
clusively exoDerate him from conn
pIicity in the unlawful transaction
but his conduct has been consistent
with innocence, and the attempt to
ruin his character by foul asperslons
and groundless accusations must fail
now as II has failed before.
ED. r. NORRIS.
Merton Erss Press.