The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-09-30

and retire from the county. This is the
situation here. and these are my views
of my duty at present Please let me
know what you mean 20 DO
And have the kindness, judge, will
you, to tell me if it is true that you
threatened to have me arrested and in
generated If I should open court here
This is serious matter and do not
want to think that you have had such a
mind or made such a threat against me
for doing the thing and discharging the
duty which 1 have cen charged by the
supreme court unless you did actually
make such threat in the presence Of
many persons. Yours truly,
John L. MATEE."
And the court further finds that upon
the 24th day of September, 1900, the Hon
C. T. Irwin replied to the said letter ad-
dressed to him by the said Hon. John L.
McAtee, in the following words, to-wit:
''Cordell, o. T, Sept. "a, 1900, 9:15 a. m
John L. McAtee, Judge, Cloud Chief,
o. t.:
Dear Sir: Yours of yesterday received
In erply would say it is my intention to
hold the court for Washlta county at
Cordell, as it is my undouEted right TO
do. under the statute. As to your In
quiry in regard to gossip or rumors, I
would say that anything I have said
about you, am certainly willing to say
to your face There would certainly be
no reason for going behind your back. I
did say, and 1 repeat, that if you or
anyone else. do anything to prevent my
holding my term of court at Cordell, I
will do all in my power to punish them
for contempt, even to the extent of i'm
prisonment This is my answer, and
probably what was said. AS to leaving
the county you may suit your own con-
venience. I suppose the county is wide
enough for both of us. AS far as holding
court in this county, I do not recognize
hiatt you have any jurisdiction in the
matter. Yours truly,
&C. F. IRWIN"
And the court further finds that upon
said September oath, 1900, the following
testimony was taken in said caurt, to-
wit:
Proceeding in the District Court at
Chief, September oath, 1900. G. T Gal
loway being sworn deposed and said:
Q. Mrf. Galloway, what is your full
name?'
A G. T. Galloway.
Q. Mr.. Galloway, you reside in this
county, and for how long have you lived
here.
A Eighteen months and a little over
Q. You are the deputy sheriff Of the
county, and your duties are principally
here at this town?
A. Yes
Q. Were you in Cordell on the 18th Of
%. Were you in Cordell on the 18th
of September and was court convened
there on that day by Irwin, the Hon. c.
F. Irwin, judge of this official district?
A Yes.
@. Were you present in court and were
fore court and after?
A Yes sir, I was present before the |
court and afterwards.
Q. Was Judge Irwin present?
A. He was.
Q. Before court?
A. Yes, before court opened.
@. Did you hear him make any re- |
marks concerning the opening of court /
here. az Cloud Chief, by Hon. Jno. L. /
McAtee, judge Of this official district?
A. I heard him make the remark that !
f Hon. Jno. L. McAtee came and tried /
to hold court, or even attempted to, he 4
would have warrant issued for him, and |
have him arrested at once. I am posi- |
tive he said that He was referring to
you (Hon. Jno. L. McAtee1 and he came
home and made the remark.
Q. Was there no further conversation? |
A Yes.
Q. What caused the conversation, and
marks on the tpart Of Judge Irwin?
A He heard that you were going to
hold court here, and If you QIon. Jno. /
L. McAtee) did come and try to hold |
court, or even attempted to hold court,
ne would have a warrant issued for you
Judge J. L. McAtee) at once, and have
you arrested.
Q. Are you positive of that?
A. Irwin made those remarks
Q. Is there anything else relating TO
his matter?
A. That is all am positive Of
@. Who was present?
4 Morrison.
Q. Morrison, the sheriff?
A Yes
Q. Who else.
A. There were one or two others pres
mt
Q. Was the county attorney present?
A. I do not remember, but heard him
,ay that he heard Judge Irwin make
he same remark that I just stated.
Q. Who is the county attorney?
A. J. K. Little.
Q. On what day did this conversation
occur?
A. On the 10Th Of September
Q. This month?
A Yes sir.
This is true, full and correct copy of
he proceedings Of the court.