The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1888-07-12

ONE If you like his record vote fer / /,
he delegates who viii nominate him. +
f you can't endorse the record you !,
an t vote for him nor for delegates !
Who viii favor him for the important !
,fice to which he aspires. His profess
;ion, in certain sense, is an Office.
What he viii do in his profession it is
to suppose he viii do in
office. II his professional conduct
suits you support him, but don't COM
plain hereafter of corruption in Office.
From the Republican.
The Judgsship.
EDITOR REPURLICAN:-Und the |
above heading there appeared in your
paper of July 4th, the affidavit of S.
III. Howard made October 22d, 1878 /
and published on that date in the En- |
porla Sun q democratic newspaper then |
published in EmpOria. You viii re-
member the occasion of that publica-
ton was that the Republican conven-
ton had nominated myself for the leg
islature, you having been at the time
a candidate before the convention.
That subsequently during the canvass
you publicly opposed me in the dis
trict and used the affidavit that is now
published, and which l am very cred
ftably informed you wrote.
You say the charge therein contain
ed has never been denied. In this you
will undoubtedly be willing to confess
your mistake when you are reminded
that there appeared in the Emporia
News on October oath, 1878, an article
the existence Of which the person who
called the attention of the editor of the
Democrat to ttHOWard's affidavit was
presumably ignorant, and which pre-
sumo he will do me the justice to pub
| lish when he shall know of its exist
ence. That article consisted of an ed
| itorial introduction, affidavit and state
ment. as follows:
1.-THE following affidavit and certifi-
cate are published as rebuttalS of the
affidavit of s. III. Howard in this weeks
Sun. We suppose none acquainted
with Judge Cunningham believe the at
| tackupon him proceeded from any other
cause than personal spite and to manu-
facture political capital against him.
There is plenty more evidence of the
| Judges entite innocence of Howard 8
charge that will be forthcoming if
needed:
STATE OF KANSAS SIS.
| County of Lyon.
E. w. Cunningham, first being duly
sworn, on oath says, that ne has read
the affidavit of S. II. Howard, pub
lished in the EmpOria Sun of October
%. 1878, and that the allegations
therein contained so far as the same
reflect upon the honor or honesty of
this affiant, are wholly and entirely
false and without any foundation in
fact.
E. W. CUNNINGHAM.
Subscribed and sworn to before me
this oath day of October, 1878.
j. JAY BUCK,
Notary Public.
EMPoRIA, Kas., October a, 1875
We hereby certify that we were and
are the attorneys of Mrs. 5. A. How
ard in her bankruptcy proceedings,
that we have no knowledge that s. IL.
Howard was ever in bankruptcy. That
we have made inquiries into the alleg-
ed unprofeSSional and dishonest con-
duct of E. w. Cunningham relative to
the affairs of S. A. and s. II. Howard,
and believe that his acts therein we're
perfectly honest and honorable under
the facts of the case as understood by
Mr.. Cunningham. We believe that
there was a misunderstanding be-
tween Mr.. Howard and Mr.. Gun
ningham in the business transactions
between them, and that each was per-
fectly honest in his understanding and
exOnerate Mr.. Cunningham from any
intentional wrong toward Mr.. Howard
in any respect whatever.
STERRY & SEDGEwICK, Att'ys.
The facts of the case are briefly al
follows: S. H. Howard was doing
business in EmpOria under his Wlfe'E
name, and becoming embarrassed
therein, advised with the firm of Gun
ningham s. McCarty relative thereto
He told said firm that he owed thu
First National bank of this city quite
an amount, and two firms in Cincin-
natl; that all these parties had beer
friendly to him, and that he desired t.
secure their claims. We did not have
these claims in our hands for collec
, ton, but i'll company with Mr.. Howard
we talked with Colonel Gross, Of the
First National Bank, and it was ar
ranged that mortgages should be glveI
, ITO secure said claims. And they We're
prepared by Mr.. McCarty and signed
by Mrs. Howard on July 24th, 1877
J that to the bank being made first
AfterWard, and somewhere about
December 26, 1877, other creditors o.
Mrs. Howard crowded her either by
} threatening judgments or with execu
, tions, and thereupon Colonel Gross
took possession of the stock, or pOr
] tions thereof, by virtue of his chatte
r mortgage, placing j. A. Finley in
! charge Thereupon Mrs. Howard
employing SterrY s. SedgeWick al
: her attorneys, filed her petition
! in bankruptcy, S. II. Howard never
! going into bankruptcy at all as h'
, states in his affidavit, and in the pro
ceeding that followed the proving Of
these respective claims in the bankrupt
, court, and receiving the dividends de
clared we acted for these three credit
ors, Mrs. Howard having as stated pre-
| viously employed Sterry 81 Sedgwick IL
/ her attorneys.
: Neither Mr.. McCarty or myself evel
/ did a thing tending to crowd Mrs
Howard into bankruptcy. Col. Gross
himself took possession of the goods al
he had a perfect right to do under hi
mortgage or renewal thereof, TIT
l debts secuted thereby not having beer
3 paid. For the truth of these state
ments so far as the same is within hi
knowledge refer to Col. Cross. Th'
. | records of the register of deeds Offict
also show the fact of these mortgages
l am wholly at loss to know why Mr.
: Howard made the charge he did un
y less he supposed in some way or othe
!, the mortgages given to the bank ant
the other creditors were to be used b.
q them to shield the stock from othe
e I.creditorS and not to secure in BON
+ fide way the claims they covered
| Such was not assuredly my under
standing, and l am quite sure such wa
8 not Col. Cross understanding. MI
Howard at the time of the publication
of his affidavit was as bitter upon Col
Cross, if not more SO, than upon mysel
I or Cunningham s. McCarty. 1t is ais
: to be borne in mind that all we en-
n gagged to do for Mr.. Howard was t
a prepare the said mortgages, and W
= neither did engage nor had any though
9 that he intended to engage US to pro
s tect him from his other creditors b.
o means of these mortgages, or from
|, these creditors to whom these mort
cages we're voluntarily given if tn
S debts thereby secured should not b
: paid in accordance with their terms.
tbs for you to explain how in tn
face of the above cited AFFIDAVIT an,
sta tement published in 1878. you Cal
: now assert as you do in your attack o
6 yesterday, that no denial of Mr.. How
/ ard "a ri, q roo vraa ovor mad0