The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-10-09
JUDGE knGoRE IN TROUBLE.
w. o. Davis, an Attorney, Files Charges
Against Jurist.


Against a Jurist.
Kansas City, Oct. S.-A Washington
special to the Journal says: Trouble
| is piling up on Judge Kflgore, of the
| Indian Territory. He is now booked for
an appearance in the United States SUI
preme court. A petition has been sent
to Colonel McKenEla, the clerk of the
| court, for presentation TO the court
when next it meets, for leave to file
a motion for a writ of habeas corpus
| for the relase of ". H. FeatherStone
and ]. S. Arlington, now in the Gus
tody of Marshal Stowe, Of Indian Ter
| ritory, by order of Judge kilgore, for
| contempt of court. The petition is
| signed by W. o. Davis, as attorney.
| That gentleman has also filed charges
against he Texas jurist with the at
torney general for inefficiency and NAL
administration, and they are in process
of investigation. The alleged contempt
of court, for which Messrs. Feather
stone and Addington were placed in Gus
| tody, was committed during the hear
| ing of the cause of the Armour Pack
| ing company Of Kansas City, against
]. p. Addington, in Judge Kilgore' 5
court. According to their petition to
the supreme court the Armour Packing
company, as judgment creditor of J. p.
Addington, brought suit in June last
for the appointment of a receiver of a
| quantity of live stock, that the receiver
was appointed as asked for, that j. ).
Addington made answer to the com
plant that the property was his own,
subject to a mortgage held by w. II.
Fealtherstone; that they endeavored TO
secure the vacation of said receivership.
in which effort occurred the matter
10 hai finapnPnT
The petition recites in detail the pro-
ceedings having that culminatio from
which appears that the judge referred
the case to Edward Hobby, whom he
appointed master in chancery for that
purpose, and announced that he would
grant no relief to either party except
upon the advice and recommendation
of said master stated heqeffort
of said master according TO petition.
The master stated he could not properly
advise the judge of the answer and
affidavits filed by the petitioners, but
that they must produce their witnesses
before him to be examined viva Voce.
The petitioners held that the master
had no jurisdiction over the case, ana
they requested "a hearing by the judge.
In the meantime the master filed his re-
port and asked for extra compensation.
Judge Kilgore subsequently agreed TO
hear the cause but soon repented OF
such agreement and in the absence OF
the petitioners allowed the master 500,
and decided that they should be given
no relief till the money was paid by
them.
JTpon their refusal to pay the master,
the petitioners were adjudged in con-
tempt. and were remanded to the Gus
tody of the marshal
The petition concludes as foIloWS:
"Your petitioners further allege that
their advisors believe that said Edwin
Hobby had no jurisdiction in said cause
for il had never been referred to him,
or even reached that stage where II
could be lawfully referred, and the said
Hobby was a mere usurper and per-
son who stood in the way and obstruct-
ed the passage to the court house; that
by parleying with one who wrongfully
obstructs to the court, as did Edwin
Hobby, they incurred no legal liability
and made no contract. express or i'm
piled, to pay the obstructor for his
time, and, if SO, the remedy is by suit
to recover the debt. and the judge at
the chambers can not arbitrarily, with
out notice and in the absence OF the
parties. adult the claim and imprison
your petitioners until it is paid; that
the order directing them TO pay Hob
by $3.50 was made without authority
and is illegal. and void. and can not be
made the basis or proceedings a gainst
your petitioners for contempt; that 20
first take the property from them with
out notice, and next require them TO
pay $3.50. which they did not owe. as the
price Of the hear, is not due process of
law. and said order. therefore. is null
and void; that before they can be i'm
prisoned for alleged contempt a writ
ten mittimus should be issued directed
to the marshal, naming and specifying
the charge and recounting the particu-
lars thereof. which has not been done in
this case; that the question OF law aris-
! ing from a complaint and answer as to
whether receiverShip should be Vacat-
ed or retained is for the decision Of the
judge, and for his labors I n reaching
4 conclusion he IS paid a salary. and
that If the judge needs or requires ad-
vice from any other source il Is his
duty 10 pay for the same out of his sal
airy, and not make l. a tax upon the litf-
giants, and the attempt 10 do 50. as in
this case. Is Illegal and void"
II Is believed that tie court will grant
leave 10 tile 4 motion FOR haheaS cor
pus. when Judge Kilgore's troubles in
courts viii commence. In the mean
time the judge can finr his recreation in
concerning with the attorney general
ABOUT departmental changes. and then
VII! nave chance u turn his atteu-
ton 10 the senate judiciary committee.
which VIII have under considerat ton the
matter OF confirming his nomination.
HIS this the first time you've ever
been IN love. dariingii She 1houehtless-
lyl--"Ies; but its 50 nice hope il won't be
the last ,''-Tid-Bits
TIE poet we call phenome on rare,
Who detes all analysis .sh:
But NE know the longer ais verse and his
hair
The shorter we oft md his cash.