The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1875-12-08

new county, 10 hear an appllcatl0n Dy salu
Jones to be admitted to bail in the same cause.
and that said Buskirk heard all the evidence in
said cause, being the same evidence heard by
said Prather, ana upon such hearing, announced
as his opinion, that the case was not bailable
and remanded said Jones into custody, and af.
fant AYERS that each and every statement OF
In said amdavit in reference 70
as stated in said article. And for further separ-
ate return to said rule TO show cause said Lucien
q. Matthews says that neither he nor any OF his
codefendants in said affidavit are now or were
when said affidavit was filed, or when said arti-
Gle was written published or circulated residents
but that he and each and ali of his codefendants
were then, and still are, residents OF Marion
county. in the state of Indiana.
Subscribed TO by c. j. Whitridge, Notary Public
A MOTION TO DISCHARGE DEFENDANTS,
The answer of defendant, Robert ]. l.. Mat
thews, was in the same words as the answer
OF Lucien G. Matthews, with the acknowl-
edgment that he was the author of the Of
Tending article. the headlines excepted. Said
defendants then by attorneys filed separate
motions to be discharged, the motion of de-
fendant, Lucien q. Matthews, being in words
and figures following:
STATE OF IsDIANA, BARTHOLOMEW COUNTY
In the Bartholomew Circuit Court. The state
of Indiana VS.. Lucien q. Matthews, Ell. at.
Lucien q. Matthews declines to make further
that he be discharged upon this sworn answer,
purging himself from contempt.
JORDAN & JORDAN,
Atty's for Defendant.
lin the same words the other defendant also
filed motion for discharge.
The Court-Do you desire to present
this motion by argument, gentlemen?
Judge Jordan-I believe we do not.
Mr.. Howe said that he desired to argue
the motion, and proceeded with his argu-
ment.
SPEECH OF MR.. HOWE.
THE COURT ENTRY.
Thereupon the court after hearing the ar
gument. of the counsel, and being sufi
GENTLY advised, overruled the motion by
call by said defendants, to which rule each
of said defendants at the time excepts, and
it is likewise further considered and ac-
knowledged by the court that the rule to
show cause why each of said defendants
should not be attached, be and is hereby
made absolute. TO which each of said defend
ants at the time excerpts. and said defend
ants being each personally present in court,
and waving the filing of interrogatories,
and electing 10 abide by their s1fidavits on
hle, the court finds that each of said defend
ants is guilty of contempt OF this court
as charged in the information herein.
1t is tbefore considered and adjudged
that each OF said defendants Is
in contempt, and that each be fined in the
sum OF twenty UOllars, auu L0aI Incy etdDu
committed until the fine and costs herein
be paid or repleVied, TO which ruling and
judgment each said defendants at the time
excepted, and now each of said defendants
pray an appeal 30 the Supreme Court OF
Indiana, which is granted.
LETTER FROM JUDGE HESTER
ON THE APPOINTMENT OF PRATBER JUDGE OF
HIS COURT.
To the Editor OF the Sentinel:
SIR: was greatly panied to see, recently,
an article in your paper rejecting on the
judge pro tenn. of the Bartholomew Circuit
Court, for his action in the case of the State
vs. Richard Jones, charged by indictment
with murder. It is well known to the Co
lumbus bar that declined to try the cause
because of remote relationship by mar
riage with the defendant. Thereupon, Judge
Slaughter was telegraphed to try the cause.
He declined. Then, by agreement OF coun-
sci, Judge Samuel III. Buskirk was appointed,
and ne accepted and heard an investigation
on an application for bail. He did not
finally decide tie case, but intimsted an
opinion adverse to the defendant. The de-
fendans was remanded. This closed
the case at the last term. Following the
last term OF the Circuit Court of Bartholo-
NEW county, came the November term Of
Brown county. Early in the rirst week a
loved son of mine was stricken with a ms
lignaBt disease and died. Then one after
another Of my family, save one, were af-
flicted with the same disease. In tie midst
of such gloom, / appointed A. w. Prather,
Esq, a practicing attorney of this county,
to hold court for me here. He gave general
satisfaction. On the FIRST day OF the present
term of the Bartholome" Circuit Court be-
ing to sick too travel, and little daughter
being stricken with the same malady that
a few days before had caused the death of
one member OF my family, requested Col.
Prather 10 hold court for me, a. Columbus,
until [ should be able to reach there. l
made this request to
FACILITATE THE PENDING BUSINESS
of the court, knowing that every member of
the Columbus bar had causes, in which they
were employed, awaiting trial, while Col.
Prather had none, he being, then, resident
of this place. Owing to my continued sick
ness and that OF my family, one of whom
Is dangerously ill now, have not attended
the Bartholomew court at this term. Under
such circumstances can you conceive of a
more malignant attack than the ar
ticle / refer TO makes on Col. Prather?
So far from having sought TO influence the
avoided it tor the reason already given.
Since 1 discovered the relationship, L felt it
to be better for the purity of the Judiciary
that some one not in any manner connected
by blood or marriage should try the cause,
and have so repeatedly announced from the
bench at Columbus. He should be tried ac-
cofding to law, and by Judge in no manner
prejudiced. i have not, anu uo not, propose
20 institute suit ssainst your company or
against any ind; vidual. / am not now the
Judge. Col, Erather is. He is clothed with
iull lower to preserve the dignity of his
cart by attaching and Furnishing for con-
tempt all who improperly interfere with
pending actions in his court. 1t is
his duty to do so. No Judge can
properly administer the law unless he in
vekes that power, so that public opinion
may not be poisoned by outside and false
insinuations and charges, and that basest
element of society, the mob spirit, be
aroused by those who, corrupt themselves,
can not conceive how it is possible for any
one else to be otherwise.
JAMES S. HESTER.