The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-05-16
SENSATION OF THE HOUR.
HOW THE WRIT OF CUSTER WAS
RECEIVED BY THE PUBLIC.
sympathizers with the Fathers OF the
Bill Say, go 1t, Old Boys" While
tho Contrary Minds Find Their
Tongues and Point Out the Dangers.

ceedings and it furnished theme for dis
cussion all day and far into the night.
Viewed from a public standpoint the case
presents two distinct and different aspects.
On the one side can be heard clamor for
the vigorous prosecution OF the case.
Judge DuBose. 1t is claimed, has no bust
ness on the bench. His conduct has long
been overbearing, expressing, autocratic
and governed by prejudice. lie has been
the victim of q disorganized liver
which wholly units him for
the duties Of Judge, and il there is any
technical trap by which he can be gotten
rid OF it should be taken advantage of.
His present trouble is the legitimate fruits
OF his own intermeddling, domneering
disposition. Or, rs he expresses it himself,
on account OF his efforts 'to run the court
from top to bottom" For Judge, he ex-
presses himself too freely, criticises and
condemns too openly; his opinion from
the bench in the Hedrick and other cases
wherein he expressed the opinion that the
accused was guilty before any trial was
had disqualifes him from sitting in iudg-
ment in such cases and renders him a
modern edition OF Jeilries. This and
much more OF the same import can be
heard.
On the other hand there are an equal
number who claim that Judge DuBose is
right and that the community should sus-
tain him. The tilt between him and the
Attorney-General, they allege, was q coolly
laid down and cleverly worked trap TO take
advantage OF his temper. In proof cf this,
the fact that a stenographer was there taxi
ing verbatim report OF the proceedings,
and the use to which the record is to be
put is cited. Judge DuBose il il claimed,
has a violent temper which he does not at
all times sufficiently bride, but his heart
is in the right place, and his honesty and
fidelity are beyond all question. He is
the right man in the right place.
In Il city Of this size where one
party is dominant, and where, as
a1esult, cliques are liable to form and cor
rupiion in public affairs is liable 10 breed,
man OF Judge DuBose's composition is
absolutely indispensable His stern self.
reliance, his rugged independence and his
Pur,anical Zealousness in the accomplish.
ment of that which he believes TO bo right,
Is protection and blessing to the county.
His very vices turn TO virtues in prohibit.
ing extravaganza, preventing corruption,
terror'zing criminals, curbng cxccsscs and
warding off the encroachment OF others
who, II given free rein, would constitute
themselves dictators. His administration,
though not perfect, and censurablc in many
ways, is necessary TO properly balance other
influences. Ii is claimed, further, that ex-
huming 30 ancient an oiiense as the one
charged in the bill Is ghoulish and I'M
manly, and will not receive the necessary
support OF public sentiment, and that
defeat OF Judge DuBose at this time and
on this issue would be more disastrous,
and destructive 10 the public welfare. than
Any possible results that can accrue from
the Judges admitted faults; in that IL
would practically overiurn courts. law and
the public interests and make them the
bondwomen OF a few men whose abso.
luiism is more feared than Judge
DuBose's temper. In addition to
this Il Is claimed that bill OF
this character comes in poor grace from
those who are responsible for the election
OF Judge Dullose, and with full know
ledge at the time OF the facts charged and
many others not Incorporated In the bill.
In fine, II is argued with spirit and with
great show 81 sincerity, that while better
men for the Office than Judge DuBose
might easily be found, Il is better and
wiser 10 sustain him in the present con.
tesi, even though Il might be found neccs-
sary later on 10 Gust him.
Indeed. the sentiment Of those invOring
Judge DulIose amounts 10 a desire 10 suffer
the ills due 10 his HOnOr's delnquencies
as q Judge rather than TO incur Others in
exchange which they claim would be
greater calamites.
Between the antithctica points of the
Arguments heard on the streets, there Il n
wide range over which discussion aud
speculation eau roam In any chosen laii-
tudc.
Judge DuBose's estimate Of his peril Is
appended 10 the bill filing, TO be found In
another column. Ho doesn't seem TO be
alarmed TO death, nor does he anticipate
official dccapitation. Ills rcjoindcr will be-
along In due season, and the cga BON.
barlment ON both sides promises 10 be
terrific.
Clerk and Master McIlonry, after read.
Ing The oath and refreshing his memory
OF past events In which Judge DuBose has
figured. veniured the opinion that he
would intefpOse the res adjuJicata plea.
Mr.. Mcllenry based this belief upon AN
impression that the question came up
when Col Duliose was member Of the
State Senate, aud II Is nowhere recorded
Gat the accused was denied his seat.
A more intcicsiing question has not re-.
Gently been heard discussed, nor one In
which more numerous aud varying opin-
ions can be found.
The duel upon which the alleged illcg.
bility Of Judge Duliosc TO hold the office
OF Judge Of the Criminal Court Is charged
took place IN June, 1870, the principals to
the affair OF honor being the late Mr.
George r. Phclan and Mr. James Brio
lan, both young lawyers at the time
Local politics was the innocent cause OF
the affair, Mr.. Brizolan being a member
OF the shelby County Executive Commit.
tee, as was also Judge DuBose. Mr.
Phrlan. whose pen was causiic at
times, and whose brilliant style OF
whiting was fall Of biting irony and
sarcasm, had occasion 90 comment upon
the public course OF Mr.. Brizolari. and In
rasping article made use Of an unhappy
illustration and quotation, "Thc world i
mine oyster, aud with my sword I'll opc
H." Mr.. Brizolari felt indignant aud in
suited. believing and with some right, no
doubt-that the quotation was used with
the Intention OF calling attention
90 The fact that lao had earned
his living at one time by barkccp-
ing aud opening oysters for restaurant
patrons A terribly bitter aud personal
card appeared In the papers next morn
Ing from Mr. Bnzolari and the issue
was at once made, neither party be-
Ing Ia any humor 10 compromise or sub
INIT 10 any reference 10 mutual friends.
Judge DuBose was the personal friend OF