The Saline County journal. [volume] (Salina, Kan.) 1871-1893, 1883-02-22
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We take the following non the
Topeka O1pito1:
In travelling through the Fourtso0th
Judicial District. I found that tho a.
tsmps Of John Tester, u 6allne, q
bring about The removal 81 Hon John
II. prescott. Presiding JodGe = enid
district, b creating tbo mase Illnesses
exciten,ent, and I man ~ tndtgna-
ton, among those who have known
the Judge In hb judicial capacity md
otherwise for many yoass.
The subject being constantly talked
Of in my presence, have been able to
Gather 3 somewhat correct idea OF the
case, aud the causes which led 70 the
charges made BY Mr.. Foster before the
Kaus.s Le0iSiktnre. This petition ID
brought under the constitutional. and
not the statutory prvviston. which
provides for the removal nom 0mces
Of judges Of district courts ~ res0lu-
tion OF both houses, II two-thtrds OF
the members Of 10th houses concur.
The section further says that no such
removal shall be made except upon
complaint, nor until the party charged
shall have had notice and opportunity
to be heard. These charges Mr.. Fos-
ter has made, and when the judge
shall have heard, and the witnesses
given in their testimony, venture
the prediction, Mr.. Foster will repent
that he made them.
Without any desire to prejudice the
case in any way, would like, II the
Capisat will give Inc space. to say = few
words about this matter, ~ / am
prompted by the expression Of public
opinion in the several counties that
compose the Fourteenth judicial dis
trict
In the first place, who 10 this Mr..
John Foster and what are his notions
for bringing these charges? These are
questions we have . right to ask. and
To have answered. When . character
like that Of Judge Prsscett's il at
tackled, the public have right to ask
that they lie informed whether his
reputation Is to be pulled down that
1t may be reduced TO Its proper level,
or whether some personal spite may
he vented or private ends accomplish
ed l find that for years Mr.. Foster
has been u most bitter enemy OF Judge
Prescott. / also find that he Is Dem.
ocrat, and q good lawyer, and am in
formed that he would without doubt
receive from our Democratic Governor
the appointment of judge should Mr..
Prescott for any cause be removed.
Mr.. Foster charges that Judge Pres.
colt compounded Q felony, abusing his
power as judge to compel . person
against whom he was prosecuting wit
ness, to accede to his demands. The
Judge owned some wheat some years
ago, which he put in store In an eleva-
tor owned by one Warner Mt Saiina ;
this man, Warner, stole said wheat
and the Judge brought q civil action
to recover the value of the same. and
procured q judgment. Some time
after this, criminal action was brought
against Mr. Warner by the county at
t0rney, and on the first trial the jury
hung Before it'came trial TO o second
time, the county attorney entered q
nOhe pro segu on payment of costs
which, ut about that time. amounted
to over five hundred dollars. This he
did because he was convinced he
could not convict Warner. All this
time Judge Humphrey was on the
bench. About this time Judge Pres
colt recovered the amount Of his judg-
ment against Warner. Mr. Foster
now seeks to connect this settlement
of the civil case with the dismissal Of
the criminal suit. 1t will be shown
by the coming tiial at Topeka that
when in this Warner case Mr.. Cum
bingham. who was then county att0r-
ney, asked Judge PrescOtt's advice
about Diminishing the criminal action
the Judge told him that 1t ought to be
pushed instead Of using his influence
to have il dismissed, as Mr.. Foster
would have us believe.
The changing or classifying the rec
Ords charged. Is this: Mr.. Foster says
that after the trial of a cause, in max.
ing up a history Of Il for the Supreme
court, which is called lease made"
the judge Intentionally made II up
wrong in two cases, to prevent q re-
versal Both Of these cases cOmprOm-
ise the reputation of this same man,
Foster, who brings this complaint,
one of which directly charges him
with bad faith towards his client.
which charge was found true. am
assured, by the jury trying the case.
b udYe Prrscott's friends some of whom
claim to know, say that the cases
charge, like all the rest, Is utterly
false.
On receipt of the news stating the
nature Of the charges preferred by FOs-
ter, the Mcpherson county bar met
and passed set of resolutions con-
ofall the charges made and
strong sentiments Of con-
fidence in the integrity, fairness and
honesty of Judge Prescott, q copy of
v hich resolutions were made and sent
% him at Topeka
OF course the facts that the prohibit
DRY liquor law has been more thor
,ughly enforced in the Fourteenth ju-
iicial district than I'm any other In the
State, and that no trifling with the
Lightly of the court has been allowed,
md that Judge Prescott has made Il
oine what hard pulling for the viola-
ors of said liquor law whenever they
lave been brought before him, has |
lad a tendency to make for him some |
cry bitter enemies, but they are few,
While on the other hand we find men
verywhere speaking In the highest |
erms of his ability and integrity,
eaving scarcely room to doubt that |
Ie will he able to answer all charges |
rought against him In Topeka in . |
iay tina, will raise him in the eyes Of |
he people rather than lower him in
he estimation Of any.
The Manhattan Republic has the
In the House last Tuesday the sworn
Dmplaint of John Foster, charging
Judge John H. Prescott, Of the Four.
zenith Judicial district, with "willful,
oppressive and partial mis-
onduct while acting rs such judge"
ras presented. Mr.. Foster has been
ghting the Judge for IA years, and
his Is probably . miserable piece Of
pite work. Judge Prescott stands
cry high a. q man and - o Judge,
nd he will clear himself Of this charge
e have no doubt.
The Mcpherson Republican speaks
! the following plain language:
John Foster, Of 6alina, has present
I articles Of impeachment to the leg.
lature, impeaching Judge Prescott,
this district. He accuses him Of Of.
cial misconduct. No one who knows
ldge Prescott will for moment BE-
eve that there h the slightest foun.
alton for any charge against him.
e Ii wsll-known In this and Saline
sQptiea We think that We speak
thin bounds when We say that there
no man in the two counties whose
fe has been more open to public in
,ectioh and whose acts have been
ore thOroughly discussed. and there ,