The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1892-04-07

! speaker. His speech was a good
review OF the facts and an earnest ap-
peal TO the preservation of judicial
purity. He said: 1.-The purity of the
Judiciary should be preserved. The
constitution demands that the legisIa-
ture should take especial care of this
branch OF the government, hence /
claim that the action in the premises
was Justified. Whenever any citizen
reels that this branch of the govern
ment is unsafe he is apt to become
dissatisfied with the government.
mere are two reports before you. The
majority report in sweeping declar-
alton clears all concerned of the
charges. 1t has been charged that
politics were mixed up in this inyes-
tigation. feel that it is needless for
me to make denial of this malicious
proposition and present the
facts and let you saw what
the effect of them should he,
doubt whether there is sufficient
evidence in this case 10 Justify the i'm
parchment of Judge McCord.
The speaker then pointed out the
ullierences between impeachment
anu ADDRESS as modes of relieving
Jnuge OF his office and thought that
the latter would be justified in the
case Oh the judge of the district
court OF Smith county because
OF his action in regard TO this received
snip. The speaker then reviewed the
FACTS leading to the institution of the
receivership. He paid glowing
tribute to the character of III. Nj.
Whitaker. You can tell an honest
man by his demeanor, and if this
mans testimony is true the ermine
OF one judge of Texas is
furnished. This lawyer files
suit for Jay Gould and saws
that the defendant is In court and de-
sires to confess Judgment, but right
mere Horace Chiffon files his remark
able document. (Here the speaker
read Chilton's plea for Gus Taylor
Ihis plea Is sworn to by Taylor, who
gays he got his information from
Chiffon, and it says that GouId,s
debt is fraudulent and fictitious. Sev-
eral other cases similar to this one
were filid setting up the same plea.
Each OF these pleas in Intervention
asks for receiver. Rumors got
abroad that a receiver was to be APP
pointed. Here found a charge which
is for you to determine. 1t is that
Felix J. McCord judge, decided
cause before 1t came properly before
lawyer. (He re the Gu''S speaker ps =
read from the record the testimony of
Whitaker to the effect that Herndon
had told him that McCord had prom
ised him that he would appoint Bon
ner) Whitaker and Bonner went into
court, filed exceptions, argued the
case and even went so far as to offer to
give bond guaranteeing the payment of
the claims set up in the Intervention.
Little did he know that the de-
cision of the court had already
been made up In Herndon's Office.
9e then narrated the meeting where
the offices were parceled out. Where
Herndon said he was going to be gem
eral solicitor, Chiffon said that Hern-
don could be duke, baron or anything
else, but he was going to be
general attorney, while Duncan,
with much modesty, passed. Whit
taker and Cochran told Hern-
don that If they would
not let Jay Gould take Judgment for
the five hundred thousand dollars
which they had sworn was fictitious
and said that they would take the
case to the Federal court. Another
demand was that they must turn the
management over to Jay Gould and
let Eddy be appointed, Herndon
consulted with Chiffon and Duncan
and accepted the offer of Whitta-
ker and Cochran and SO
twenty days after McCord had en-
tered the judgment before described
the whole thing was reversed. Was
it trade? When this was done the
state of affairs was changed. The re-
ownership after this trade becomes of
interest to Jay Gould. Whenever we
impaired into such things as the
$4,000 extra allowance to L. M. Camp
bell we were met by the an
swer: ut is within the discretion
OF the Judge,n but 1 say that II is not
in the discretion of the Judge to deny
a trial, and this was done over the.
protests of parties interested. What
did Judge McCord say when he was
shown the protest of the Missouri.
Kansas and Texas? / hesitate to re-
peat 1t here, 1t was damn the MIG
souri,, Kansas and Texas.u
lulhh VI u JuuS6 OF q court. who
ought to uphold the majesty and
decency of the law, using this ex-
preston. The speaker next pointed
out several instances of the abuse
OF the judges discretion, among
which was his offer to have WoIdert
and johnson appointed local attor-
neys by firm In New Orleans: an
other was the depositing of the money
with the firm of Bonner & Bonner. IL
is for you to say what disposition Won
Will make of this case but declare 10
you that 1t is very unalterable con-
viction that the facts of this case pre-
sent to you an instance of disrepiIta-
Bile action of a judge of this state.
If what he has done is judicial dis
erection have had different view ~
1t in the past The facts of this case
demand an address, and all who love
the purity of the judiciary should
take action in the matter. have no
interest in the case and wbatever
action you take will be satisfactory
to me-
At the close of Mr.. Garwood,s
speech the subject was post poned