The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-01-07
QUASHED ONCE MORE.
JUDGE DuBosE's NEW YEARS GIFT
TO MR.. MADDEN AND OTHERS.
To the Surprise and Joy OF the Com
munity He Wipes the Cases Against
the Taxing District onicials OF the
Docket.

the Taxing District omcials OF the
Docket
The people Of Memphis were no little
surprised yesterday forenoon, when II wa,
announced that Judge DuBose, of the
criminal court, had sustained a motion u
nolle pros the indictments against Messrs
MADDEN, Lee, Harris and Kallaher None
OF the indicted officials or their attorneys
were in court at the time, and
were altogether unaware OF the
proceedings being taken in their behalf
tltseems that on Thursday afternoon the
aitorney-general and Gen. j. X. Chalmers
who had been employed by private indi
viduals to assist in the prosecution OF the
cases, had a conference in regard 10 them,
and decided on the action which was
taken, when the court convened yester-
day morning Gen. Chalmers was pres.
ent in court and after brief consultation
with him, Acknowledgement Peters rose
and said: "If your honor please,
in the eases Of the State of TENNESSEE
against ID. p. IIaddcn, james Lee, IT,,
Andrew j. Harris and Patrick Kallahcr,
j move the court that nolle prosequi be
entered
Judge DuBose then replied rs follows
"Whcn entered on the discharge oI
my duties us judge Of this court had but
one idea, and that was the enforcement OF
the law. took an oath 10 discharge nv
duties rs Judge Of the criminal court, and
] have endeayorcd NJ all times 10 observe
my oath in administering justice without
respect TO persons.
"1he people OF the old city OF Memphis,
10 escape constant annoyance hy man
damus Tor the immediate enforcement OF
their debts gave up its charter. 4 new
form OF government, under new charter,
was created, with some very stringent pro-
visions as 30 the mode OF using the public
money, which were enacted for the pro-
lection OF the people. had no right 10
decide rs 10 the harshncss Of the law; IL
was my sworn duty 10 see the law enforced
w IL was written: and this | have en-
,deayored To do 10 the best Of my ability.
Before | came into Office grand jurios
had called attention in their reports 10 the
fact that the officers Of the Taxing QiSAssrt
were not obeying the law as " ,sHs written.
Shortly after took "a, ssnt on this bench
my attention NlS, ciilcd TO these infractions
Of Ah~aws without malice toward any
man and without any personal feeling In
the matter, urged the grand jurios 10 in.
Vestigaic thoroughly the Taking District
affairs. This investigation has been made
10y the grand jurics and number OF bills
Of indictment have been found against the
officers OF the districtand against the conn
~ trustee for violating the plain letter Of
the law.
"W.hilc the court has. thus done its duty
In cndeavoring TO have the laws fully cx-
ecuted, yet court Is powcrlcss to enforce
Law in opposition "a public sentiment.
The judge can do nothing 30 punish crime
until the jury has found verdict OF gull
~.
"The finding Of these indictments ere
ated great excitement in the public mind,
which has continued for many months.
The election Which was held ON yesterday
turned directly ON the question whether
the officers who had been indicted should
I've condemned for oiIcnscs with which they
had been charged by indictments OF the
grand jurics, or whether they should be
sustained In the acts they had committed.
IL WINS a question concerning almost cn.
tircly the people ~ this Taxing District.
The issnc was fairly put before them by
the pres and by campaign argument, aud
the people from whom the Jury must be
taken have decided that these violations Of
law ought not TO be- punished. consider
II as fair an expression Of the public will M
the verdict Of jury could be. II is In
fact, a verdict Of tie voters OF the district
sitting ~ jury In the case. receive Il
as would the verdict Of jury, aud I
think II would be an unnecessary expense
% 70 on further with the trials have
done my duty, and now, after the verdict
oi the people. | stop. | do not wish 10
estahlah bv thfs nrtion m nppge,lgnt fnr
,,.,-s..tf u, q. -, - T.. an -
NY r'h w w "hl hn'''r." ~ "inV'i hhu
while Judge should not I've influenced by
anything oecttrtiup ontsi,l., AT ia. cnuri
t-.s. =. ~ 80 E.'..'.. - =.
iourc' YET w lhis lhsAn'c, undcf the
peculiar condition ol affairs. ! feel author
t,..l la takipg nofice "a a., ,.iio,, "a a..
- " r ~ ''N WV" W WV