Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-01-28


presented the following answer TO the
charges made against him to the
Feagan committee last night;
Austin, Tex, Jan. "a. 1895. Hon. J. T.
Reagan. House OF Representatives
Dear sir.-Touchlng the charges pre-
scented by Implication and inuendo
against me as attorney for ]. II. Frost 1
contestant. VS.. II. f. o'Neel, eontestee, |
respectfully submit the following:
was here representing Frost, and |
when the committee on privileges and I
elections was announced l found that
the Hon. w. T. Armistead and thon.
r. NJ. Harroll were members Of that
committee, each OF whom lived in adj
Joining counties on north and south
side OF Cass county, out Of which the
contest arose, and all three Of the
counties being in Mr.. Armistead's DO
torial district. I knew that hot
political wrangle and q number OF suits
were pending in the counties OF Cass
and Bowie by Popullst candidates who
claim to have been elected. In Cass
the same issues Involved in Frost ~.
O'Noal. the facts OF which las I under
stand them as attorney both in the
county matters and for FrosO are as
follows: Mr.. Frost and Heyeu out OF
nine county officers were elected at
the November election from the Popu-
list party. But the commissioners
court a majority of whom were Demo
crats) set themselves up as judicial
tribunal and in the face OF law
which says that they have no right to
N.N Ind H.sFf
the legality Of tho election. but whose
duty is solely zone Of arithmetic 10
count and estimate the votes as Sc
turned" say the higher courts re-
fused to count the votes as returned
from four boxes IN said county known
as AvCnger. Bear Crock. Antioch and
Viola, which II counted, would have
shown Mr.. Frost 10 have a clear ma
iorlty OF more than seventy votes over
Mr O'Neal. And 20 count thl5 vote
would have reduced Ar. Armistead's
majority IN a similar ratio In Cnss
county.
This committee was 10 pass upon tho
merits OF my clients case, il WAS "a
jury OF Nftecn-thlrtrru Democrats, one
Pupullst and one Republican; they
were all honorable and ialr men, 80
far as / know. but / dll llGl thacslt
was unfortunate for my client thas
Alessrs, ArInistcad ana H1rroll WEIR"
put on that committeeman that / lrlt
them capable OF knowingly doing any
Injustice, but because 1 knew under
the nature OF things they must have
formed conclusions and bias' in tine
case, and could not go into the case,.as
impartial
And altogether such bias or prsjulir1
coucluslaus ia the case might not be
felt and known by them. yet II 40 form.
I'd, AS the courts say Of Jurors, makes
the rights OF the opposite party moro
d HH.HN
upon. / had no power to question this
jury or committee as 10 qualifications
bias or prejudice IN the case. and ac-
cordlug 20 my understanding of law
could only appear as counsel. as the
recipient Of their courtesy,
Pending this state OF AFFAIRS Hon. Il
NJ. Hart. Hon. G. S. Todd, Hon. l.. a
Turner Hon. W. T. Hudgins and Hon
II. c. Hyuson came down 90 Austin b.
the Interest OF a bill to divide tn,
venue and term Of courts IN Bowi
county locating "A special court to bl
held in the city OF TeNurkln1. II was
question OF purely local interest 4
those people.
Mr.. Hart I think. FIRST npproache,
me about the matter. asking me n
could not help them out. { knew Their
had for many years been a trouhl
over the establishment and location
OF the county seat IN Bowie county
aud answered him, suggestlng a fea
That It was only prelude TO an cttor
60 move the comfy scat 20 TeNarlsaua
Mr.. Hart and / talked a short tim
over the matter, he insisting that
was an ehort to settle the old count
scat trouble instead OF re-opcning 4
and referred me to HudginH, TODD
etc.
1 met Mr. HudElns on the avenui
aud referring to what Hart had sal
remarked about as follows: "You lei
lows are In q pobr shape to ask me (
help YOU in this matter, when Texni
kana's member and Tom Armistea
are on the committee here as mil
stones around Frosrs neck" Frol
this we talked some time. / told hii
had only one object In view as a
Individual at the capital, aud that wa
to have the vote OF Cass county coun
ed and Frost seated n the count. shov
ed him elected. l knew Il count OF III
vote here would have an importat
bearing on the suits for county ONCE
IN Cass county, and would have a bea
ing also in my own contest again
Hon. u B. Culberson. FOR In the maj
the votes cast for Frost were also cai
for me. And In this state OF AFFAIRS
told him 1 was willing TO do anythin
honorable to have that vote counto
i 4 -. 4s..N q.