The Russellville Democrat., 1878-08-29
THE CIRCUIT JUDGrs,,Ia

expected nm to express. W Q lo5b at the matter precisely as he doc, The Executive Committee of n, District are the only ones who. s, empowered to act in the mattcr ls, they deem the charges against .Co Jacowhy too tlinsy to rcdnin action, certainly no one elsa has the authority to ask him n step down and out. If the Excco tive Committee leaves him on tb, track he, is the nominee and it will be the duty of the party to suppon him. Those who refuse to do SD place themselves in the attitude of bolting the action Of the party.
 The following IS Judge Mansfcldy letter: ,Ast3 .......
 OZARK, August 10th, 1878
 ED. ARKANsIAN. Dear Sir: havo just read in your pape. of this date the card of Col ". D. Jaeoway, ad dressed ''To the Democracy of the Fifth Judicial Circuit" in which be proposes that I sball appoint "one@ two sound Democrats, lawyers, from each of the counties of Conway Johnson and Franklin," to act as committee to investigate and report upon the matters involve in coutro. versy between himself and Col. j. ". Toomer. Commenting upon this proposition and alluding to myself in terms of kindness and comp. ment, for which 1 thank you, youex. press the hope that l will at once make the desired appointment. Without the least disrespect, permit me to say, that tho action l am thus requested to take would,..i my opiO. ion, be regarded by the public as ex. traordinary, and perhaps disrespcct- ful towards the Executiue Commit. tee of the Democratic party of this district. Col. Jacoway's address is to that party and the gentlemen com. posing the committee. 1 have men. toned are it's chosen represeatives. having authority directly from the party itself, if any one has, to act upon his suggestion. Certainly am not authorized to act, ald do not see that any or all of the parties to this unhappy controversy can em. power me to do so. Ii the ESecu- tive Committee should decide to make, or cause to be made, the in- vestigation asked for, and desire the assistance of attorneys. It seems to me proper that they should make their own selections from the bar of the Circuit, or, even from beyond it, if they should think it necessary to do so. By referring to the publish ed proceedings of the convention, l see that the members of the commit. tee reside at Ozark, Ciarksyille, At kins, Lewisburg and Dardanelle- the chairman at the latter place--sC that there is no difficulty and need to be no delay in communicating with them both by mail and telegraph. I doubt the propriety of my acting ill the matter, for any purpose or uA1 der any circumstances even if re. qucsted to do so by all the parties in. terested. Very respectfully.
 ". W. MANSFIELD.
 We also append the following from Col. Jacoway himselfwhich is pertinent to the subject
 In view of the charges which have recently been preferred against me by J. ". Toomer and which seemed to have obtained credence in some localities, l demanded an immediate investigation of the charges and sus- gested that, Judge Mansfield name the investigating committee. This demand and suggestion was publish ed in the Arkansian on the 16th inst Judge Mansfield declined to act in the matter I then called upon the chairman of the executive commit tee for this judicial circuit and de- manded that he and the executive committee meet and that the com mittee investigate all charges that Toomer desired to make. He ex' pressed a willingness to do so, but he said he would not do so until he could see Mir. Toomer touching the matter. He called upon Mir. ToomeF on two consecutive days-Monday and Tuesday, the 18th 20th lnst- and while MT. Toomcr did not ahso lutely refuse, he did not on either occasion consent or express q will lingness to submit his charges against me for Investigation by the executive committee, alleging as an excuse, business in the court now being held in Dardanelle.
 w. D. JACowAY.
 I certify that the above statement is true. II. C. CUNNINGHAM Chairman Executive Committee ol
 the Firlh Judicial Circuit.
 As the nominee of the Democratic party felt that it was my duty owod to you myself and family to demand an investigation by your executive committee, who alone Lave the power and authority to act iof