The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-05-16
Another Straight Tip Given Yester-
day by The Appeal.
That Writ Of Ouster Against Judge
DuBose in Chancery.
The Shot May or May Not Bring
the Game to Bag.
At All Events, the Judge Doesn't Give
Any Signs of Succumbing, and
Makes a Brief But Charec-
teristic Comment.

that writ Of custer would be filed in the
Chancery Court against Judge j. ]. Du-
Bose, Criminal Court Judge of this county.
TIE APPEAL also gave an explanation or
summary OF the contents OF the bill regard
ing which so much had been said.
The document is an unusual one in that
such things are seldom seen and to young
lawyers particularly, it will be interesting
reading, as showing how such things are
done. The text OF the bill is here ap.
pended:
To the Hon. d. NJ Estes. Chancellor, etc.
The State OF Tennessee on relation OF
Andrew j. Harris, ID. G.. Slaughter j. w.
Levi, James Lee, Jr., G. +. Degaris and S.
A. Douglas, all residents and citizens Of
the county of Shelby and State OF Tennes.
see, respectfully show unto your honor that
at the regular biennial election held in said
Shelby County on the 9th day OF August,
1856, at the time fixed by law in that be.
half, the defendant Julius j. DuBosc pre-
sented his name TO the electors Of this
county, and was in said election a candi-
date for the high and important office OF
Judge OF the Criminal Court OF Shelby
County
AiaA NhA hhllho - bNDDHfs NlltT Nllu
election had been held, claimed to have
received the majority OF the votes cast
thcreat for said Office OF Judge Of the Grim
inal Court OF Shelby County, and upon
said claim was thereafter commissioned TO
hold said Office 10y the Governor of the
state OF Tennessee for the period OF eight
years from and after September |, 1886.
That said Julius J. DuBosc. on or about
the first day Of September, 1856, undertook
10 enter upon, aud did enter upon the dis.
charge OF the duties OF said Office Of judge
OF the Criminal Court and lac has since
that time assumed 10 hold and i'll said
office.
That said Julius ]. DuBose before or at
the time he entered upon the duties OF said
office. before ID. g. Slaughter, Justice OF
the Peace for said county, took The oath OF
office, which WAS filed and entered OF rec
ord in said Criminal Court, in whiting, in
words and figures as follows, to-wit:
estate Of Tennessee County OF shelby.
"Beforc me, an acting Justice Of the
Peace, in aud for the County OF Shelby
and State OF Tennessee, appeared ]. j.
-'BuBose, who, being duly sworn, makes
oath according TO due form Of law, as fol-
lows
"I, J. J. DuBosc, elected and com.
missioned Judge OF the Criminal CouT,
Of the County Of Shelby, State q
Tennessee, do solemnly swear that
will support the Constitution OF the
United States and OF the State Of Ten
nessee. That ! will administer Justice
without respect OF person, and will Impair
tally discharge all the duties incumbent
upon mo as q Judge TO the best OF my abil.
ity, and ! swear that have not, directly
or indictly. given or knowingly carried n
challenge, in writing or otherwise, to any
person being citizen Of the state since
the adoption Of the Constitution In 1886,
or aided or abcltcd therein since the
adoption OF the Constitution In 1885, and
that | will, during my continuance IN Of
fee, be guilty Of neither OF these acts.
"'J. J. DUljosE.'
"Swom 10 aud subscribed before mo
this lst day Of September. 1885.
I'D. 4. SLAUGHTER, J. r."
Complainnnts further show unto your
honor that the said J. ]. Dullosc, nOtwith.
standing that he took the said oath Of of
fee and subscribed the same In writing
and caused II ~ be filed in said Criminal
Court, MAS engaged whilst he was a citizen
Of Tennessee as a second in q duel since
the adoption Of the Constitution In ISIS,
and this after the Constitution Of 1870 had
been promulgated and was In iull force;
that In tho month OF June, 1870, a dispute
arose between James Brizzolariand George
X. Phelan, who were both then citizens OF
Shelby County, Tenn, and which re-
suited IN hostile communications between
!, them, from which after one had challenged
the other in writing a duel resulted, aud
which was fought in the State Of Arkansas
in Cdttondcn County, n short distance
south OF the city OF Memphis. That the
parties engaged In said duel left Memphis
a ior the purpose Of engaging In said duel.
Z which was fought with pistols In the said
place ON the morning or afternoon Oi the
2Sth OF June. 1870; that when said duel
was fought the said j. j. Dulloso was
present aud no, only aided aud abeiicd
the same by giving the encouragement
thereto with his presence. but Ia the said
duel appeared and acted ~ the second OF
said Brizzoari; that at the time the said
J. j. bullosu was the editor OF a daily
evening paper called the Public Loigcr,
then published In Memphis, and over
which, as said editor, he had supervision,
aud In the columns OF said paper issued
on the 2Dth of June, 1870, there was an
account Of said duel covering several
columns OF the paper, and according 10
which account II appears that ON the
EfuuNu Nutfo tue uuNl WIS louNuNt uuh
when the said parties thereto were about
10 fight the duel, Col. Galloway aud Judge
Duliosc, seconds, stepped tho distance OF
fifteen PAGES before agreed on, aud were
careful 10 arrange the ground 10 that
neither OF the combaiants should have the
advantage over the other, bringing tlie
rays Of tho declining sun Immediately
across the line that had been selected; that
stakes were driven In tho way where the
parties were expected 10 stand, pnd that
after lhis eamo the tossing for tho word,
and q nickel wes thrown into the air by
Col. Gallaaay; that DuBose called
tails" and "iails" IL was, which
gave the right 10 call tho word
10 The second OF Mr.. BriEzolari;
that when the pistols were loaded soycn
PAGES were measured at right angles 10 the
line, and there said DulIosc stood to give
the word; that the parties were then placed
In position; that upon said DulIosc asking
addressing the parties, Mr.. Phclan an
swered "rcady" aud Mr.. Briuolah said
mo, ready, aud putting bis pistol between
his knees proceeded 10 roll up the Gull o