The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1879-03-14
Published by Request J
HAYDEN To DEADY.
Editor Denlocrnt.

Editor Democrat:
In summing up the evidep nee in the
Manning 4 Hayden case, III favor Of
the plaintiff, Judge Deady says, "ever
since the loss Of the premises, A. d.,
1864, the Doves have been poor and
without means to prosecute suit for the
same"
Upon what grounds Mr.. Deadly pre-
sumes to base his assertion regarding
plaintiffs poverty are not known, as
no testimony was induced bearing up
on this subject. As Judge, he was
not called upon to pass judgment upon
what was not before him. If, as
citizen, he had thought proper TO mako
such statement, it would have been in
direct conflict with the facts. During
the time mentioned, the Doves had
constructed steamboat at no small
cost bought valuable lands, and, as
the records Of County, Circuit, and
Supreme Courts show, engaged in al
most continued litigation, experiencing
no difficulty in securing attorneys If
they bad means 10 prosecute their
claims, Mr.. Deady's statements IN et'
feet that, since the loss Of the prem
ises, they had been poor, and without
means TO prosecute a suit for the same,
must be an acknowledged absurdity.
Mr. Deady knows that litigants are not
, required to give bonds for costs IN the
State Courts, more than in his. Liti-
cation is not 50 expensive in State
Courts as in the u. S. Courts-unless
there exists prior understanding. The
absurdity Of his statements regarding
the above are 80 apparent, as to preclude
farther comment.
"The defendant by his position and
influence, made it difficult, if not in
possible, for them to assert their rights
in the local tribunals with effect"
Overlooking the insinuation at the
community, 10 whom defendant was
indebted for his position, as beneath
notice, we say the imputation upon the
integrity Of the Circuit and Supreme
Judges. IS as false and sinister as it is
foolish and deliberate. During the
time referred to by Mr Deady, We
have had upon the bench, Judges Boise,
Pr1m, ,Stratton, Thayer, BoAbam, Near
thur, Upton, Shattuck, Mosher, Bur
nett, Kelsay, Wilson and Watson.
Men Of acknowledged ability and in
tegrisy; men selected and elected by
the people for their gentlemanly worth
and superior legal qualifications; gen
tlernan who would scorn a prior under
standing with litigants-whese decisions
were not purchasable.
"On account of such difficulty, said
Rachel dismissed the case" Here =
decent respect for the memory of tie
dead, and proper respect for the feel
ings of the living, would enforce silence
upon any person less obtuse than udSe
Deady.
"April I, 1865, said premises we're
conveyed to plaintiffs soR-in-law for a
valuable consideration. with the expec-
tation and understanding that theplain-
tiff would bring suit in his (Deadya)
Conrt to recover the premises" Again,
Mr.. Deady obtains his information
outside of the testimony submitted for
his consideration. Evidence was not
introduced showing that Doves had re
ceived any consideration from Man
ming. To the contrary, Rachel Dove
testified that she had not seen Manning
for years, and never received dollar
from him for said premises. As re
CARDS the understanding and expecta
ton that suit was to be brought IL
his (Deady's) Court, there must -hav'
been previous understanding existin!
between Mr.. Deadly and the plaintiffs
or between Mr.. Deadly and the hand Pi
rate, p. c. Sullivan, at that time attOr
: ney who represented plaintiffs claims
! ! Indeed, it is to be seen from Judg
Deady's decisions, and regretted, tha
he has always had an unpraisworthy re
gard for claims presented by such Pl
, rates, who ignore the State Courts AM
!, appeal to his, not to enforce their rights
but to infict wrongs upon others.
;, AS before stated, the Judges VIII
i presided over the Courts when the cas-
= was presented and when dismissed, wer
d men upon whose merits community ha
: decided. Judge Deady's title is an az
. cident by appointment. Let the pun
. pie be lifted eff his, sheulders-let hir
. stand before the community to b
= Judged" as these honorable men hav
. done, at whom he sees fit to cayil, an
J the scales of egotism will fall from hi
|. eyes True, Mr.. Deadly was PiOaee
> lawyer, yet we are to be shewn on
: case in which he gave evidence of bri
y y liancy. STILL. weakly arrogant, h
: : wraps his purple accident" aroun
= ! him, and, protected by the authority
- gives him, insinuates upon the memor
of the dead, and attempts to darken Il
y records of the iving-all this from
. man whose natural qualifications, attl
~ best. seems only too fitted for fr
lunch guest.
BEN HAYDEN.
- SALEM, Ogn.; Feb. l9, 1879.
a