The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-05-16
JUDGE DUBOSE IN THE HANDS OF
THE LAW


As was stated in TUE APPEAL, six we'll
known citizens yesterday filed bill oil
custer against Judge Dul3ose, OF the Grim
inal Court, based upon the fact that that
gentleman, in 1870, was a second OF James
Brzzolari in tho duel fought by him with
George r. Phelan. These citizens also
show and allegc that Judge DuBose, after
he was elected Judge and before taking
his seat upon the bench, took and sub
scribed an oath before Squire Slaughter,
who is one OF the REALTORS, in which
he swore that he had mot, directly or in
directly, given or knowingly carried
challenge, in writing or otherwise, to any
person being citizen OF the State since
the adoption Of the Constitution, in 1885,
or aided or abettod therein" That Con-
stitution, aud the amended one Of 1870,
declared that "any person who shall, after
the adoption OF this Constitution, fight
duel, or knowingly be the bearer Of a
challenge TO fight duel, or send, or
accept challenge for that purpose, or be
an alder or abettor in fighting duel, shall
be deprived Of tho right to hold any Office
Of honor or profit In this State and shall
be punished otherwise in such manner as
the Legislature may prescribe" As TO
The facts Of the Phclan-Brizzolar duel and
DuBose's part in il the public have always
been cognizant and fully appraised. They
were brought 10 the attention OF tho State
Senate when Dulloso was elected mem
Der Of that body, but II thor.
ough inquiry was made were not
thought to bring him within the reach
Of the Constitution or laws oil tho State.
These facts were also revived when
DuBose's name was before the nominating
convention in 1886, OF which we believe
some OF tho REALTORS were active and con.
trolling members, but they were not
deemed worthy Of consideration as in
themselves good and sufficient reason
why he should not he nominated for
Judge OF tho most important court in the
county. since il has 10 deal with matters
involving the life Of citizens In certain
cases. These facts were, as much as
possible, taboosd at the time with
a view TO prevent their injuring DuBose in
the estimation OF tho very large class Of
citizens who have always been opposed TO
Csucls and duolists. But no one seriously
thought that they could hinder or prevent
him from taking his scat II any did
think so they were careful TO keep Il "a
themselves, for no attempt was made 10
prevent him, nor until this bill OF custer
was filed yesterday did any one take steps
In that direction. This seems, there,
fore, TO be an after thought, that per
haps never would have found expression
but for the fact Of Judge DuBosc'i
cycritios toward somo OF the relations an,
his recent encounter with Attorney. Gen
cral Peters In open court. II is the prod
uct and outcome, then, we Rrc justified Il
believing, Of the contest that has been 3
long wagcd by the Criminal Court will
certain city aud county officials, aud II III
exhibit Of local political passion that mu.
be humiliiaiing TO the whole communit,
because II Is calculated TO bring the Grim
nal Court into disorclit and disrcpuic
not contempt Tho relations no doul
q think that In this rs In other cases "bc
/ tcr late than never" is a good guide. Tn
: depends.
N Vt.v attv ,Nns ,,r.atl,s ak,.k.l ,.uaf.f1 A..