The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-06-13
Ranking HATE
That Has Long Existed Between
Judge c. G. Foster
And Major J. K. Hudson Results
in an Action
FOR CRIMINAL LIBEL
Brought Against the Editor OF
the "Capital''
Through Judge Foster as Pros
ecuting Witness.
A BITTER ARTICLE
On the Editorial Page Of the
Daily Capital
The Present Occasion for the
Prosecution.
A RITTER ARTICLE
On the Editorial Page of the
Daily Capital
The Present Occasion for the
Prosecution.

Prosecution.
The feud of long standing existing
between Judge Cassius G. Foster of the
Federal court and Major J. Z. Hudson,
editor of the Topeka Daily Capital, cul-
minated today by papers being filed
charging Major Hudson with criminal
libel
The information was filed shortly be-
fore noon in the Shawnee county dis
trict court by County Attorney H. c.
Stafford. Judge Foster is the complain
ing witness, and the case is based on an
editorial in the Capital of Sunday morn
ing, June 2, 1895.
In the editorial Major Hudson referred
TO Judge Foster as a "travesty on just
Judge" and 'this legal cadaver," and con
tinued, "Since that time he Judge FOs-
ter) has been drawing the salary for
which he has not rendered the services
for which it should pay, and which he
has never been large enough TO fill"
The editorial also accused Judge Fos-
tor of packing" a grand jury, which is
the main point in the charge of criminal
libel.
Judge Foster has retained David
Overmyer to help the county attorney
prosecute the case. Major Hudson is at
present in New York and the papers
will therefore not be served until next
week.
The information reads as follows:
In the District Court of Shawnee County. Kan
Sas State of Kansas, plaintiff, VS.. Joseph X.
Hudson, defendant
INFORMATION.
In the name and ny the authority of
the State of Kansas, l, H. c. Stafford,
county atF0rpov in o1I for ho oo,7prvy Of
Shawnee, duly empowered to inform of
offenses committed within the said
county against the State of Kansas,
come now here, and give the court
to understand and be informed,
That Joseph K. Hudson at the county of
Shawnee and within the jurisdiction of
this court, ON the 2nd day of June, A. D.
1895, of and concerning one Cassius G.
Foster, who was then, and for many
years prior thereto, has been, and still is,
judge of the district court of the United
States for the district of Kansas, and ex-
Officio judge of the circuit court of the
United States for the district of Kansas;
he, the said Joseph K. Hudson, then and
there, wickedly, maIiciously, contriving
and intending to bring the administra-
tion of Justice in said district into con-
tempt, and TO cause to be believed tn at
the said Gassius G. Foster as such Judge
OF district and circuit court of the United
States, was then and there. and prior
thereto had been 4 dishonest. corrupt and
Incompetent public official, and wicked
lY, maliciously and knowingly, contriv-
Ing and intending then and there to scan
dalize and vilify him, the said Cassius
e. Foster, and wilfully. wickedly,
maliciously and unlawfully intending TO
injure the good name of him, the said
Cassius G. Foster, both as an Individual
and as judge, and to bring into public
scandal and disgrace, and to expose him
to public hatred and contempt and ridi-
cule, ana to blacken the reputation of
him the said Cassius G. Foster. both as
an individual and as judge aforesaid.
And to provoke him to wrath and to
injure and agrieve him. did then and
there unlawfully and wilfully and ma
liciously write, dictate, print, publish
and utter, aud did cause and procure to
be printed and published and uttered in
certain newspaper published at the
city of Topeka, called the DAILY Capt.
ltal," of the date of Sunday, June 2, 1895,
a certain false, scandalous, malicious and
detamatory libel in the form of an edi-
torial article in the said paper
concerning him, according to the
effect following, that is to say:
"Io packed jury "-(meaniug thereby
grand jury empanelled in the district
court aforesaid at the April term in 1890.
and meaning thereby that the grand Jury
had been drawn by him with a wicked.
corrupt and unlawful purpose of having
and causing the said grand jury to re-
turn an indictment against him. the said
Joseph Z. Hudson) )-"This travesty upon
just judge"-(meaning thereby the
said Cassius g. Foster)-"gave such in
structions as to insure a verdict against
the collection of fe es'-(meaninD
thereby certain printers fees previously
Claimed by the said Joseph &. Hudsonl
"he himself had endorsed as correct in
the particular cases upon trial and in
similar ones for fifteen years. (meaning
that said Cassius G. Foster had knowing,
~ endorsed as correct certain charges
tor printing heretofore made by the
said 5oseIh K. Hudson, knowing the
same to be wrongful and unIawfuL)
when the case came to be reviewed
by Judge Caldwell, man of real legal
learning and high Judicial honor, the
petty personal spite work" meaning
said acts OF Cassius G. Foster) "of Judge
Csssius Gains Foster was swept aside.
and the legal tyrant's" (meanine Judge
Fotser) slargs ears were left exposed to
the people" tnAeaning thereby that the
said Cassius G. Foster as Judge and
an individual was exposed to the lust
Al