The Globe-republican., 1891-10-29
CHOKING rnE saaur NIL.

IL certainly w1s not too much to hope
that the pgssent campaign slsOuld pa0 with
os't resort having been had to personalities
or misrepresentation on the part Of any
candidate against his opponent. The Re-
publicssns have made clean. manly cxn-
vsss, addressing themselves to the political
issues If the day and. having ticket nm
asssilable by any fair means, have not an
ticipated the necessity ct guarding against
nlud-thrOwing. 1t has been learned. how
ever.in tie past few days that the candidate
Of that aggregation Of O,l,ls and ends. self
styled Peoples Party" who aspires to
the office Of district judge, has been syste-
matic,lly and vilely attacking Judge Alb
bolt by alleged facts from the court records
So far rs We have been able to learn, the
attack is being made by IL. y. Artz. late
Of Colorado, who charges that Judge Ab-
bolt has held back the hearing of criminal
cases for political purposes. He states that
he will prove these charges by reference
to court records; then backs up his State
nent as follows:
''Here is the case of Gregory vino stole
fifteen hundred dollars from Fimiey county
His case went to the Supreme Court and
was remanded for trial. 1t should have
been docketed for trial last June! Now
why was it not dcoketed for trial? He
knows. Ask Judge Abbott. He knows"
Then he tells his audience that lie has
IA whole lot more of evidence of the same
kind, showing that Judge Abbott was
holding back the prosecution of state cases
: for political reasons. but that i: isn't ncccs-
sary to cite any more instances, because
this is enough.
! This statement has been made and re-
iteratetl throughout the county and possibly
in other counties of the district, Mr.. Call
houh, in whose interest the dirty work is
done. being present and giving it at least
his tacit suction.
So far rs Gregory is concerned, he has
not stolen nor mjustly received fifteen
hundred dollars. nor fifteen cents, nor any
other sum Of money, great or small from
| u
honest, fair-mii.,lcd man still has any
doubt in the matter. the time is not far
distant when these doubts will be set at
rest. But passing over that portion of the
charge. let us see what is the status Of the
case in court.
The opinion in the case of the State vs..
l.n1 Il. L.,
-nOt Il supreme judge. but one OF the CON-
missiOners-in May Last. AS tic opinion
did not touch upon tic points upon which
ruling had been asked, the defendant filed
his motion for Il relIeariIy before the full
bench Of the Supreme Court itself, us lie
had Il right to do. In the meantime the
case was dOcketed for trial AMI appears
upon the trial docket for tile term begin
ming May 18th, and extc,,lim. into june
As a fact, showing how the case has not
only not been held back but has been
pressed forward; the records will show tina:
the mandate Ut the Supreme Court Wa, not
received here until May 25th, curt begin.
ming oil the 2cth. Consequently. the in-
sertiOn Of the case in the printed docket
must have, in fact, anticipated the receipt
Of notice from the Supreme court. When
the case was called, in its order, Judge
HoskinsOn announced in open court, the
pendeDcy of the motion for rehearing,
and this suspended further action i'm the
district court until the motion was dispos-
ed of. The hearing of the motion was set
fer September It'll. In response to inquiry
as to the status Of the case, the following
telegram was received Oh Monday:
TOPEKA, HAS, Oct. II, 1891.
II. F. Mason, Garden City, kan.-Mo.
ton for rellearinx in State vs. Gregory has
not been decided. 1t was submitted in
September. c. j. brown. Clerk.
Thus il will be seen that the matter is |
still before the Supreme Court, and not
in reach OF the district court and that
Judge Abbott has no more to do with it
then has the candidate who industriOusly
him il, the face of the records,
for all these matters are matters Of public |
record.
One of two things is therefore true,
either MIR. Calhoun knows 90 little about |
Dur court practice as not to know that the |
tendency Of the motion for relleariny
held the case before the Supreme Court, Or
else he has deliberately caused the circ,,l,-
ton ofcl,arges against Judge Abbott which,
he knows to be false. Further, he knew
OR at least IA lawyer ought to know-tIlat
the clerk, not the Judge, makes up the
lOcket; consequently. if a case were held
back, it would be the fault of the clerk
not the Judge.
As MIR, Calhoun anu his tool put this case
forward as the strongest one. saying that
the other cases, whicl, they claim to hold
IN reserve, are like it, it follows, accOr,lin.
70 their own statements, that all their as
.ertiOrs us TO unjnstly delayed c:,ses are
equally unfOulNlesl.