Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-10-06

him the trouble had had with Hob.
ny and told him that while I had been
trying TO soc him In order to have my
applications considered. Hobby had my
clients under attachment ana was seek
| ing 10 try my applications on oral tes-
timony. After talking with him awhile.
! Judge kigore promised to hear the case
on my applications at Ryan, on Sep
tember 10, 1895. and promised to have
Hobby to abstain from any further
proceedings in the case until l was
having Hobby 5000. so as to tax 1t
against the plaintiff. Immediately
informed the plaintiffs attorneys that
! would take up the applications at
Ryan on september 10. and made my
| arrangements TO be there. When Judge
kilgore returned. however, to Ardmore.
Hobby and plaintiffs attorneys got
around him. and in the absence of my
| self and clients, without any notice.
induced him to make the following
order.
In the United States District Court,
Southern District. Indian Territory.
at Ardmore.
| Armour Bros. Banking Co. Plaintiff,
VS., j. P. Addington. ct al, defend
ants.
On this day came to be heard the
application OF Edw. Hobby, master in
account of services rendered in the
hearings which have been before him
| In the cause up to this date, and the
court having considered the same,
II Is hereby ordered, that the cost of
said hearing, be taxed against the de-
PENDANTS, ]. s. Addington and w. II.
| Featherston, and the fee of said master
| in chancery Is hereby fixed at the sum
| Of $500, and It is hereby ordered that
the plaintiff. the Armour Banking Co..
advance to said master in chancery,
one-half of said amount, to wit $3.50,
and that said defendants advance to
him the other half thereof, to-wit, $3.50.
1t is further ordered that no pro-
| ceedings be taken in this cause on be-
half of either of sad parties until the
amount ordered to be advanced by
them shall have been paid to the mas
ter in chancery. The foregoing order
Is Intended to annul all former orders
relating to compensation of the mas
| ter in chancery.
KILGoRE, Judge.
was at Ryan on the 10th to present
my application and the Judge agreed
to take It up at 1880 p. m. Hobby fol-
lowed the case to Ryan and was on
hand to advise the court and also to
advise plaintiffs attorneys, as they
were frequently seen with their heads
together. At $50 began the presenta-
ton of the application. The Judge said
that Mr.. Cruce represented someone in
the case and desired to be heard and
| Tor me to walt until Mr.. Cruce came.
In the course of time Mr.. Cruce ar
rived and said that he represented
Hobby by request, and that an order
| had been made on August 81, 1895, d.
| recting that no relief should be granted
until the defendants paid Hobby $3.50,
and that Hobby wanted to know IL
the order was going to be enforced.
| The Judge said to me, Mr.. Davis has
| l said, II first saw the order
n few days ago and have had no OPP
| portunity to confer with my clients. 1
| do not think they owe Hobby anything
| and II you will hear me for n moment
| / think / can convince you that the
| order should not have been made I
| think ! am entitled to q hearing for
was not present and had no notice OF
the order" Tho judge said: 1.-THE or
| der has been made and In not de-
batable matter, and your client Will
| pay the money or go to jail No dear
| ing Will be granted them as long as
| they are In contempt of this court"
| Seeing that the order had been con-
| trived in malice as II pretext 20 de-
| prlve my clients of n hearing and to
humillate me in a public manner TO
crafty the spleen of Hobby. | said
You can rest assured the order has
not been complied with, and will not
be, IL l can find any remedy against
such oppression" The judge said:
Take your seat. will not hear Gny
more out of you" I wrote bill II ex-
ception, reciting as ! thought, f6irly,
| the proceedings and rendered X 10 the
| Judge; court not being In session. He
looked 1t over. and said, 81 viii not
sign 1t but will write Il nill slowing
what think proper" | said, tie by
ISLANDERS may have the last So" about
the bill"
In order to give an insight Into the
character of the man, | VIII STATE as
near as l can, the substance IL n con-
versatlon then had with him. / said
Judge, have known you for several
years and have regarded YOU as a fair
minded man, and when you reflect up
on the matter, / think you win see Il at
IL Is wrong to appoint a receiver for
mems property in their absence. and to
allow Hobby $500 for services not rem
dered and deny them a hearing until
the money thus sought TO he sxtorted
Is paid" He replied, You doubtless
thought ] was an easy going fellow
that could be pulled and hauled around
but l want you to know that / have
firmness and backbone, and Il at when
/ say thing, right or wrong. il goes.
and any order l make, right or wrong,
has got to be obeyed." | said, Judge,
lirmness is q good thing when guided
by judgment, but for you not to be
able to resist the opportunities nf the
crowd you have around you, and for
you to appoint receiver fC- thtm for
absent mems property does not show
flrmness. For you to allow yours elf to
be used as tool by Hobby TO extort
money from men who ere 80 rnfortu-
nate as to be dragged ,lefore your
court does not show irmnass, but
weakness The way you run Ills court
nobody with any self-sespect wants to
appear gefore 1t. and had known how
you were running this court, ", uld
have declined to take any bIsiness in
It," He replied "If you 'on't ke my
way of running n court, l think : can
get along without you" | said, Judge,
the people OF the Chickasaw nation for
a long time, managed to get along
without you. If they were allowed to
vote upon the question, L think they
would decide unanimously TO arain
get along without you. As you have
sought to humiliate me by re-
mindlng me that | am before arbitrary
power. will be frank and inform you
that ! intend to prefer charges against
you for official oppression and mis-
conduct and have the record you are
now making investigated" He re-
piled. Davis, II you prefer charges
against me, l will cut your damned
throat" said. II will prefer the
charges as sure as fate and ~ you are