Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-01-21
The Political Prosecutions Before Judge
Hill, at Oxford, With Gen.
a! Chalmers as A.
Assistant Prosecuting Attorney-The
Cases Ordered TO be Held Over
to the June Term, 1883.
Regular Carrespondence Of the Appssl. |

.
them are bitter and active partisaus. This
TACT, IN Itself, has not, so far as we are aware.
ever been the suijsct OF adverse criticlsm.
nor would 1t have caused any suspicion OF
untairuess at this time were il not for the
. extraordinary acts of some of these officers
In connection WITH these trials. In addition
TO the eonduct OF ihsse officers, The fact, 10
ilseii, oi me appotatneut, at his own soIici.
sation, OF Gen. James r. Chalmers. as assist
ant United States district attorney, for the
purpose OF prosecuting The most distin-
gulshed OF his political opponents in
the recent congressional election, il
sunclenl 10 arouse in all impar-
tlal minds the strongest presumption OF
the partisan complexion OF this tribunal
But these are the very least among the null
ttude OF facts OF recent occurrence which
initiate against its integrity. The grand
Jury which iound indictments in all these
election cases indictments in every in
stance against Democrars-did not contain
one Democrat. The majority of it's mem
bers were Republican negro. s; the remain
| der were Independents or Greenbackers: all
were opponents OF The Democratic party.
Not only WIS this the case with the iury
finding the indictments, but the petit iury
before whom the cases were tried was com
posed OF at least nine enemies Of the Demo
cratic party, and three members Of doubtful
political allegiance. No possible excuse can
justify such state Of facts as this. The
omcers oil The court urge in their own defense
that number OF Democrats were chosen 10
serve upon both grand and petit iuries, but
! requested to be excused on account of illness.
business engagements, etc, which requests
were granted by the Court. That Democrats
shouid request 10 be excused from serving
J upon juries when political cases OF such i'm
/ portance are TO be investigated and tried is
bad enough, but that the Court should grant
such requests for any save The most vital
ressous is Infinitely worse.
! But one inference can be drawn from sucb
a state of facts as is here presented, and but
| little more IS required 10 change this infer
ence INTO evidence as "slrong as proofs of
holy writ" This is found in The conduct of
Dislrict-AltorDey q. G. Chandler, against
whom more than one grave charge is pre-
ferred by attorneys of the highest character,
at Oxford and elsewhere. He is charged
with having informed the grand jury that
they could summons no one as witness be-
tore them without his consent; he is chsrged
with examining witnesses summoned to ap.
pear before the grand jury, and after pri-
yately learning the character of their testi-
mony, giving them permission 10 return to
their homes Without appearing before the
jury, thus Withholding from them such testi.
moDy as failed 10 suit his purpose, or such
as implicated Republicans. Other acls of
this officer, as serious in their nature as
these, will appear 10 the review of the cases
which have already been tried by the court
Ot all the indictments found bv the grand
Jury those against Mr.. Ed M. Watson, late
chairman of the Democratic Executive
Commit tee Of this disGrict, and his political
friends, all of Holly Springs, excited the
deepest interest; and on account of the nu m
b'r and high character of the defendants.
these cases were looked upon as the most
important which had yet come before the
court. They were set for wednesday, the
l7th instant. and when the crier opened the
court on the morning OF this day, the spacious
bar was crowded with distinguished visitors
from all parts of The State-lawyers, poll.
tlcsns and State oficers-all of whom were
anxious spectators of the proceedings. A
brlef report of the argument upon the mo-
ton TO quash the indictment, and the ruling
OIL the Court sustaining he motion, has al
ready appeared 10 the APPEAL. The speech
OF Judge john W. G. Watson, in support of
The notion to quash the Indictment, was re-
garded as one OF The ablest legal arguments
ever made before this court, and was spoken
OF 10 the highest of praise by all present.
Judge Hill sustained every point M ade BY
defendants attorneys, with the single excen.
tion OF one minor technical question as 10
The phrsseology in certain part of the in
dlctment The main ground, however, upon
which the Indictment wss quashed was that |
at charged against The detendants no crime kno0a |
10 the tdOs Of the United Stotes Their victory. |
therefore, rests upon 30 technicality, but |
upon the most vital issue raised by the in |
dicimen'. Immediately upon the decision |
oil the Court the prosecution gave notice (ss |
stated in the telegram already published) |
that they would proceed sgainst defendants |
vi hav ...Fo
At the opening of court on Thursday |
morning, the bar was again crowded with |
spectators. Before the Marshall county |
cases We're called up upon the information, |
Judge Hill read an opinion in an election |
case from Lafayette county-the United |
States Us. W. III. Csruthers and Bedford |
Turner. An account OF this case will be |
given hereafter, as the opinion which it |
called forth is undoubtedly the most i'm |
portsnt yet rendered by this court in an cleo |
ZION case. AT the conclusion of this opinion |
the district attorney presented his informa-
tlon, and both parties declared themselves |
ready 10 proceed to trial. Judge Hill, how
ever, interposed, saying that in his opinion
IL WAS too late In the term 10 try 30 i'm portant |
case. He believed that 10 proceed would |
be unjust both TO (he government and the
defendants. In addition to this obiscsion, a |
snfhcient number OF Jurors had not been
drawn, and the panel would fail before
either side had exhausted his challenges.
Ihe esses, therefore, would be held over
until the June term ofshe court
DistrictAltorney Chandler then addressed
the court. saying that he YVES anxious to push
the cases to trial 18th at it had not been his |
intention 10 try these defendants at this |
term, and that he had only consented 10 do |
so at their own request. Another reason |
that moved him TO tTy them at this time was
that he had seen il stated in various news
papers that II was not intended ever to bring |
these cases TO trial-ihat they were simply |
political prosecutions, intended to influence
The action OF Congress in the Manning Chal-
mers contest. Judge Hill, replying from the
bench, said that he was continually coming
across newspaper criticisms upon the court,
claiming hat it was partisan tribunal with
a partisan judge and officers, and that he
was ured OF seeing these slauders, when he
knew that the officers of the court had faith
inily peri lrmed their duties. These remarks |
on the part Of Judge Hill were undou btedly
sineere, and II the district attorney and mar
shals Of the court were only as conseenl ious
10 the disch arge oil their duties as the Judge,
there would be no cause for COMPLAIN; but
Just so long as these men are allowed TO con-
irol, TO such great extent, the proceedings
OF the court, so long will Judge Hill find this
tribunal the subject of much adverse sriti-
cism. At the conclusion of Judge Hills re-
marks, the district attorney again arose, and
placing his band dramatically upon his
breast, be declared, with a theatrical air
and Pecksn, I'll an expression of injured inno-
cencr, that he also had been deeply shocked
at the vain and sinful impuiaiions of
worldly press which sidly failed to appre-
ciaie The pure patriotism OF his motives or
TO respect the tender sensibllities of his
nature; III l know my own heart" he
said, u feel that am utterly iucspable of |
prosecuting any man on account either of his
religion or bis politics." In our next letter
we shall give, in their respective order,
brief account OF the several election trials
which have been disposed oil by this court
during the present term, and from Chandier's
conduct during these trials the amount of
sincerity contsined in the above Abatement
can be gathered.
Mr.. Ed M. Watsop, in reply to Chandler
aud also to the remarks Of the Judge, said
mat he knew he interpreted the sentiments
OF his lellow-deiendants, as veil as expressed
his own, when he said that they had never
feared for moment that they would not
receive justice at the hands of Judge Hill. |
and that he knew that neither hinself or his
associates had ever charged the Judge with
other than honorable motives Upou this.
both Judge Hill and Chandler dIsclaimed
any reference 10 defendants in what they
had said.
The cases were then ordered to be held
over Tor trial at the June term, 1888.
Ihls suddea turn IN affairs was wholly uu-
expected by the defendants aud their couu-
sci, as we'll as by the large number of spec.
tators present, and it was the cause Of con-
siderable disappointment. The Holly Springs
party sent dispatch 10 The general agent OF
the Chicago, 81. Louis and Nsv Orleans rail-
road, IN response to which Ais geutleuan
eourleously sent them special train. and At
l o'clock ON Thursday afternoon thew left
Oxford for their homes. 1oe,p