Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-05-01

M 1862
FRANKFORT, Ky, April 30.-A rep
resentative of the St. Louis. Globe
Democrat is author of the following
account of how Judge Helm Bruce, OF
counsel for GOV. Taylor, secured the
writ of error on which the gGberna-
torial contest of Kentucky Was aken
before the Supreme Court Of the United
States, at Washington:
With his back resting comfortably
against a convenient tree, his rubber
booted feet ~dabbling in the crystal
waters of ElkhOrn : creek. his round
face shaded from the sinking sun by a
big and welI-Worn sombrero, his eyes
looking into far-away land, and his
mind free from care and worry, Chlef
Justice Hazelrigg, of the Kentucky
Court Of Appeals, was a picture OF
peace and c0ntentment. Near him,
each with a bamboo fishing rod in
hand. sat Associate Justice James
White and Judge Will Pryor, ex-Chief
Justice and leading counsel in the
Backham contest case. No a Stun
bling on the contented trio would have
dreamed they had been struggling for
weeks with the most momentous ques-
ton in law that has ever come up, in
kentucky-a struggle for the Gov
ernOrship.
A constant bubbling, of the water
near the Chief Justices feet told that
luck had been good, and a large bas-
ket, covered by a somewhat soiled and
rumpled t%ablecloth, three empty quart
bottles scattered about on the grass,
and a jug carefully placed between two
handy tree roots, told palmer than
words that nothing on earth was de-
sired.
Down the road about a mile there
appeared a cloud of dust, long and mar
and it seemed to move hastily to-
ward the fishing place. The vehicle
that this cloud appeared to follow came
in sight, the negro driver said Whoa
ah!" to his single horse, and Judge
Helm Bruce, of Louisville, dignifed
and courteous always. stepped from
the surrey and clambered down the
bank to the party of fishermen.
Recognizing Judge Pryor, Mr.. Bruce
lost 10 time in preliminaries. He in
Informed the judge that the contestees,
Taylor and Marshall, had decided,
through their attorneys, to apply for a
writ of error from the State Court of
Appeals in the contest case just de-
cided, and courtesy demanded that he
Judge Pryor. should know of this ac-
ton and be present when the writ was
applied for. The judge, cordially as
sented, and Judge Bruce at once turned
to Chief Justice Hazelrigg to make
formal motion.
May it please the court, your honor,
| desire to move you, sir, in the'-
Look att yuh cawk, judge! Look at
yuh cawk!" broke in Judge White, and
proceedings were discontinued until
Judge Hazelrigg could reel in a me
pound trout and rebait his. hook. Stick
ing his rod under a forked root he was
ready for business.
IN the case w. S. Taylor, etc, VS..
j. c. w. Beckham, etc, opinion by
Justice Hobson, affirming the lower
court, l desire to move you, sir,
for "a
Down again, judge, and a whopper
this time surel" broke in Judge Pry-
or and the Chief Justice again sus-
pended proceedings and jumped for
his bobbing rod, put the brakes on his
reel and proceeded to play his catch.
A beauty of a trout, the second for
the judges string. was finally netted
from the water.
For a writ of error, on appeal to
the Supreme Court of the United
States!"- hurriedly concluded Judge
Bruce, with one eye on Judge Hazel
riggs float.
Why, certainly, certainly" answer
ed the Chief Justice. And carefully
pushing the corncob into the neck of
the jug he turned this useful article
over, brushed the dust from the bot
tom, stood it between his knees for a
table, took a card from his coat pock-
ct and a fountain pen from his vest,
wrote the order, got Justice White to
sign it with him and handed it to
Judge Bruce.
The jug was reversed, the cob re-
moved and there a a series Of CUR
Cling sounds that came not from the