The Weekly Kansas chief. [volume] (Troy, Kan.) 1872-1918, 1876-08-31
why the Lawyers Oppose Him.

| !" hy tssc OppOSe EtIfus
1t has been proclaimed by Judge Hubbard
that this is fight between himself and the law
yers, and the reasons given that the lawyers OPP
pose him because he will not let them bnllyrag
him, and because he gives his decisions the
side OF the people. But when the people 90 in
to Court, they employ lawyers. There are two
sides to every case and if lie decides at all, he
ninst decide for one lawyer and against the 9TH
er How comes it, then, that the lawyers are al
most unanimously opposed to him, 1t is simply
because the lawyers know that the only safe
guard to justice and tn the rights of their eli
ents lies in a strict observance Of the rules of
law. When these do not serve a Judge as a
guide, but he decides at random, or according to
whim of the moment, or to suit the popular
sentiment, no lawyer can enter npon case with
any definite hope of securing justice for his eli
ent. His study and practice of years are OF no
avail, and his strongest array Of points of law
are powerless. The legal knowledge of the law
| yer is of service, but the whole bar are driv
en- to the necessity of retiring from practice in
disgust of resorting to the veriest shystering,
in order to catch the passing whim of the Judge.
This is precisely the difficulty with Judge Hub
bard. The plainest propositions of law are dis
| regarded; he interferes, as individual, with
his own orders as a Judge; and the ablest law
yer is of no more force in his Court than the
most common pettifogger. The lawyers cannot
depend upon him. When they are not certain
they have his decision when it is rendered; and
when his open orders in Court are countermand-
ed privately off of the bench, what lawyer can
have any confidence in him, or trust himi
af sx.,- Al
Spring of 1875, the wife of John oShea was CON-
PEELED to leave him. and to sne for her support.
She and the children had been subjected to the
most outrageous brutality from him and after
she fed from his house, he endeavored to retain
custody of the children. She engaged lawyer,
who, after persistently importnnng Judge Hub
bard for an entire week, obtained from him an
order to the Sheriff to proceed to the residence
of O'Shea, take the children and place them in
possession of the mother, and to take a COW,
some bedding, and other articles, necessary to
their comfort and support. Judge Hubbard, on
the bench, directed the Clerk to issue this order
The order is now on file in the Clerks Office,
signed by Judge Hubbard's hand. Mrs. O'Shea,
her attorney, and her brother, John Morrissey,
left the Court Room believing that the children
and the property named were to be placed in her
possession forthwith. But Immediately upon
adjourning Court, and after leaving the bench,
Hubbard said to the Sheriff: 'You need not exc
cute that O'Shea order, if yon don't choose too
you can do as you please about it," This was
on Saturday evening, and Court adjourned on
the next Monday. On the latter day, the order
of the Court was to be enforced. Mrs. OShea's
attorney learned what private orders the Judge
had given, and John 0'Shea had taken the chill
dren away and concealed them. The attorney
demanded that the Sheriff execute the order, as
a Judge off of the bench was but an individual
and had authority to rescind orders made in
Court. The Sheriff determined to obey the Off
eial order, and set Tuesday for it's execution, as
business in the County Court would detain him
Monday. Bnt Monday night, John Oshea was
murdered on his premises by Morrissey, and
when the Sheriff went, on Tuesday, to execute |
the order, he found 0'Shea dead.
Who doubt that this murder was the di- |
rect result of the insincerity, double-deaing and
of Judge Hubbardi When they
found that he had cOuntermanded an order made
in open Court, MOrrissey concluded that his Sis
ter and her children had no legal protection, and
took the matter into his own hand. A fellow
being murdered, man fugitive, and the maj
esty of the law violated, because of such man
upon the bench. Suppose the Sheriff had taken
the Judges advice, and had chosen not to exc
cute the unpleasant order; and that Mrs O'Shea's
attorney had sued him on his bond for damage,
ior neglect of his duty; what protection would
he Sheriff have hadi Judge Hubbard would
nave faced on giving him any such instructions,
md would have pointed to his order on record.
The Sheriff would have had to suffer the couse-
luences, and would have received no sympathy
rom Judge Hubbard.
Is it any wonder that the lawyers are opposed
o Hubbardi We have more of the same sort in
eserve.
.