The Brookhaven ledger. (Brookhaven, Miss.) 1875-1883, 1881-02-10
JUDGE CALHoUN's DEFENSE.

EDITOR CANTON MAIL:
Your last issue assails the moral anC
professional character of the Hon
J. A. P. Campbell. Being upon terms
Of the closest personal friendship with
that gentleman, and knowing the price
less value of a spotless reputation tc
every citizen, I have conceived it to be
my duty to bear witness to facts with
which l am familiar.
You have proceeded upon erroneous
information. I was the law-partner OF
Judge Campbell at the time and know
the following to be the facts:
lie opposed while l favored the prop
osition for Madison county to take
stock in the Vioksburg, Canton and
Yazoo City Railroad. After it was de-
clared carried. he determined, against
my entreaties, to arrest the issuance OF
the bonds. and prepared a bill for in
junction IN his 0dCR name alone, is a
taxpayer, and obtained the fiat OF
Chancellor Young; for the writ of in
junction to issue upon his filing the bill
with a bond in the penalty of $1,000.
He made the bond with Messrs. j. NJ.
Walker and A. W. Stanford as his
sureties.
He told Mr.. t. @. Ballou his opin-
ion was that he could prevent the is
suance of the bonds, because two
thirds of the qualified voters of the
county had not voted for them, and
that If he could obtain indemnity
against costs and damages, in the
case of an adverse result, he wonld
institute suit and prosecute it at his
own cost for the public benefit without
fee. Mr.. BallOu, who bitterly opposed
the road, and who vas a most excellent
and thorough"golng citizen, said he
would be one of fifty persons to
incur such ar obligation, and would
confer with others about it.
fLa, soon afterwards, said that he
had mentioned the matter to a few,
someof whom favored it, and others ops
posed or were Indifferent, mentioning
Mr.. Charles T. Gross as one who ia
y0red it. While he was in our law
Office Nj. Cross came up and called
him out. On his return he said Mr..
Gross said. upon reflection, he was not
willing. to be a party to a general I'M
dertaking for indemnity for an indeh'
nlte sum, but would pledge $50 to the
object.
Judge Campbell then told Mr.. Bal
lon to try Mr.. CROSS plan, make up
g. 800, paw it to him and he would
prosecute suit at his own cost, incur
all the hazard Of an unfavorable issue,
and. il successful. he would thus have
4 handsome fee for his risk and labor,
whereas that sum would probably pay
all damages and costs if he lost the suit.
After some effort, Mr.. Ballou reported
fhat he had utterly failed of success.
Meanwhile the r, r. Co., had learn
ed his purpose, sought to dissuade
him from it, and falling in this com"
promised by paying what he demaaded,
81, 500 to induce him to withhold his
suit.
Now, all the labor was Judge Camp
bells. 1t was his suit to protect him.
self as a taxpayer. He desired to pros
tect all, but others were unwilling to
incur the hazard and he compromised
his W suit. 1t had never been de-
cided at that time that his views of the
law was correct, and many of the most
prominent lawyers of the State thought
differently. No n could foresee what
| damages might be awarded if he failed.
aud he required a guaranty from the
people against loss which guaranty the
people would not give him and so he
compromised his suit.
There was, and could have been nc
selling out Of the people, because, after
he made the compromise, any one OIL
more of the people were at liberty tc
sue and %enioin. Bonds were twice
thereafter issued, and still no n en-
Joined.
No record aud no witness, living or
dead, can gainsay the foregoing facts,
and 1 am sure, as a matter of justice,
you will publish this. and request such
papers as may have copied your article.
to do the same.
Your friend,
S. S. CALHOUN.