The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-05-16

upon the order being given. His adver-
sary quickly discharged his pistol, the
bal taking effect as was supposed from
Brizzolari slight shrinking at the instant.
He, however, recovered and fired a second
time. Phelan also fired again, and
Brizzolari in the act OF shooting
fell. The firing then ceased on the
part OF both. Tho seconds and
surgeon OF Mr.. Brizzolari ran immediately
to his assistance. Thereupon the second
OF Mr. Phelan approached and asked per-
mission to leave the field. Said DuBose
stated he would inquire into the condition
OF his principal and ascertain il no were
able to continue the fight. Upon examin-
alton it was found that he was seriously
wounded, and Col. DuBose then ap-
preached Mr.. Phelan's second and said MS
his principal was badly wounded Mr.. Phe-
Ian and friends might leave the field. Said
account OF the duel published in the Pub
hc Ledger was correct, and gave true
statement OF the connection OF the said j.
j. DuBose with said duel. BY reason of
said j. j. DuBose having acted as a second
in the duel and aided and abetted in the
lighting OF said duel, by giving the word of
command to the combatants and doing the
other acts above mentioned he rendered
himself, and became incapable OF holding
any Office OF honor or profit in the State of
Tennessee, under the provisions Of section
g. Of article o, OF the Constitution of the
State OF Tennessee OF 1870, which was pro-
mugated and came in force on the 9TH tay
Of June, 1870. The said j. J. DuBose, by
reason OF so engaging in said duel and as
aforesaid aiding aud abetting the same was
rendered incapable of holding the said
office of Judge Of the Criminal Court OF
Shelby County, not only under the constr
tutional provision, but also by the Statutes
enacted by the Legislature and which
were in force prior to the adoption OF said
Constitution OF 1870, and have been in
force ever since their enactment aud under
which no person is capable OF holding any
office or said Office il he has been guilty OF
the aforesaid acts, or any OF them com
miited by the said DuBose at any time
since the adoption OF the Constitution OF
1870. Said j. j. DuBose, although COM
missoned TO fill such office, is in contem-
plation OF law incapable OF being the Judge
OF said Criminal Court OF Shelby County,
because under the statutes in force in
Tennessee, and under the Constitution OF
the State, enacted by the people, lac was
incompetent 10 hold or fill said Office or 10
exercise any OF the functions thereof. Slid
j. j. DuBOse has been holding said Office
ever since about the lst OF September
| 1856, ana still assumes 20 hold the same.
said j. j. DuBose unlawiully holds aud
exercises the said office OF judge OF the
Criminal Court Of Shelby County Tenn.
/ SAID Duljose in accepting and assuming TO
discharge the duties OF said office is an
usurpcr, and isnOw usurping the functions
OF said Office, aud has been unlawlully re.
ceiving and enjoying the emoluments
thereof.
Premises considered complanauts pray
that the said j. j. Duljose be made party
defendant hereto, and that subpoena and
all other proper processes may issue. aud
that he be required TO answer the alleg,-
tons OF this bill under the corporal oath.
IL Is prayed that said j. J. DuB1se DO
a1judgcd not entitled 10 I'LL or hold said
office OF Judge Of the Criminal Court OF
Shelby County, and that II be adjudgcd
that he has held and now holds the office
unlawiully and Is usurping the functions
Of the Office, and that he be removed from
said Office aud be cnjoincd from holding
the same or executing any Of the rights or
receiving any OF the profits connected
herewith or belonging thereto, and that
he be enioined from acting as Judge OF
the Criminal Court OF shelby County. and
that complainants may have such further
relief rs may be proper or necessary in the
premises. And as In duty boLnd your
orators will ever pray.
A. J. IIAnru.
ID. {. SLAUGHTER,
j. w. LEVI,
JAMES LEr, JR.,
&. L. DEGARis,
$. A. DoUGLAs.
The writ was submitted 10 Attorney
General Peters, aud that officer took some
/ time TO consider H. After a thorough ox-
animation OF the law and an investigation
OF his duties In the premises the Attorney
General consented 10 IL, and added his
reasons, as follows
Tho foregoing bill, having been sub
mittcd 20 me by the relalon, with the
request and demand that | should ohi-
cially assent 10 the bringing OF the suit.
have very carefully examined the quos-
ton OF my duty Ia the premises. have
reached the conclusion that II Is my duty
10 give such assent, upon tho ground that
the facts stated In the bill mako out
prima iacic case for redress, and upon the
further ground that when suit Of this
character Is rendered and an individual
I
con,cmplaics aud requires that the Atior.
ncy-Gencral should, as Of course or OF
right. give his assent officially TO the filing
OF the bill upon proper showing Oi iactA
'ln accordance with this view, loliicially
brought, over two years ago, suit against
Esq. W. II. lughcy on the relation Of n
citizen-in the case OF State, etc, W. w.
II. llughcy No. G,273. r. d., Of the Chan
Gerry Courtoi Shelby County. therefore,
~ did Ia that case. iile the foregoing bill
on behalf OF the State Of Tennessee on the
information Of the rclators named therein,
as | conceive Il 10 be my duty to do. 1
do this officially, and simply In order that
the rclaiora, or the public, II aggricycd,
may have an opportunity Of asserting their
rights In court, whore tho defendant,
Judge Dullosc, may yindicato his title 10
office, II the charges made against him arc
true or unioundcd.
"GEo. Is. PCrERs, httorney.G General.
memphis, Tenn, May 10, 1881"
When informed tnat the bll had been
fled Judge DuliOsc noryously inquired
what Il contained.
THAT you were one Of the seconds In n
duel some years ago," replied bis inform
ant In the iifst instance
"lumph," calculated the Judge; "is
that all2 | thought perhaps they would
allogc something"
Aud lie chucsled the satisfaction lac
suddenly experienced In the relief.
|
RUMBLINGs OF THE RAIL.
The wabash line. Sold.