The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1875-12-08
An open Lotter TO James y. Hester,
Judge of the Ninth Judicial
Circuit of Indiana.

SIR: 1 desire to call your attention to the
fact that as order was issued from the Bar
tholomew Circuit Court on the 9th day of
November, summoning sundry persons
connected with the Sentinel to appear be-
fore the court to show cause why they
should not be attached for contempt
OF court. Upon subsequent order,
the undersigned, the editor of the
Sentinel, was included in the sum-
mons. On the presumption that your honor
was upon the bench. the summons was
obeyed. You NAV imagine their surprise
when they found presiding man of notori-
ously infamous character, who had been ar
rsigned before the United States District
Court at Indianapolis, on indictment for for
gerry and escaped from the consequences of
his crime by pleading the statute of limita-
ton. Before this man, your correspondent
and others connected with the Sentinel
were compelled to plead, and did
plead with sufficient answer, affirming, I'M
der oath, that no disrespect was intended to
yourself as Judge OF the Bartholomew Cir
cult Court, nor to said court, in the article
published in the Sentinel on the 2lst day of
November; 1879, complained of a con-
tempt OF court that when said article was
published they did not know the Bartholo-
new Circuit Court was in session. Not
withstanding this sufficient plea, purg-
ing the parties arraigned of contempt,
the person presiding Judge refused
to consider it as such sufficient, plea, and
having heard argument in the case, Judge.
ment was rendered imposing a fine upon
your correspondent and another defendant,
and we were ordered TO stand committed
until the fine was paid. / would wish in
the exercise of charity, to believe that in APP
pointing q person OF such infamous char
acter to preside as your representative, you
SrnIxr H.
and | would still be led to hope this, If /
had not received information that you were
upholding him in exercising his ar
bitrary power, in dragging me from without
the jurisdiction OF your court TO answer for
an alleged offense over which your court
arbitrary exercise of power was advised by
you, and that the representative which you
placed upon the bench might carry
out this outrage upon me, you wrote
to Indianapolis and secured the aid OF
an able attorney, which attorney was
! Bartholomew county, These facts, together
with the annoyance and expense, and my
selt-respect, which has been greatly out
RACED, impel me TO address you this open
letter, appealing to you, for the honor and
dignity OF the judiciary OF my native state,
that zen make some puolic explanation of
this affair, ana nov iaf yc c:;. completely ex-
JenuS IN Inc outrage Lnat mas Oe0n perpe-
trated against me.
| As a citizen of the state / revere
the law, / honor the courts, and in the po-
sition OF influence that at pre- sent occupy,
and in a similar position in the past, have
ever upheld the majesty of the law, and
can not, as the advocate of such principles,
but feel deep grief that any court in the
state, especially 50 important one as the
Bartholomew Circuit Court, should so act
through its regularly appointed presiding
officer, as TO merit my supreme contempt.
In calling your attention to this subject, /
would cite you to the action OF the bar of
your court at Columbus, which unani-
mously agreed not to prosecute their causes
already at issue befors that court until you
could resume your place upon the bench. 1
would cite you to pubic opinion, as exhib-
tied in the press of this and adjoining states.
would cite you to the indignation of the
citizens of Columbus, who, with
deep modification, beheld in the
high seat OF presiding judge
| of their highest court, one who could be
found, in the interval OF its sessions, reveling
In the debaucheries of the tap-rOom, APP
pearing after a nights debauch with bag
gard eyes and unkempt hair, to take his po-
sition on the bench, when his appearance
should rather indicate that his proper posi-
ton were in the prisoners dock. Calling
your attention to these things, and more es-
pecially to the exercise of authority
beyond the jurisdiction of your
court, and its consequence, the
outrage that was perpetrated upon myself
and others,i DOW /, as citizen OF the state,
desiring the honor of her courts to be sus-
tanned, ask of you some explanation of the
appointment of Allen w. Prather to preside
In your court. AS outraged by his acts,
4 have q right to demand Ii, You owe some