The Birmingham age-herald., 1908-05-11

In Sundays Age-Herald Judge Nesmith and his campaign chairman, MT. Cabaniss, consume two columns and answer one question of the 14 I propounded in Satur- days News. At this rate they will take 2S columns and many days to answer the IA questions. I insist however, that dem ocratic voters are "entitled" to the an- swers more than Judge Nesmith is "en- titled" as his large placard on the walls, fences and trees says-to the office. The one question of the IA answered is "the republican nomination has not been ac- cepted." Chairman Cabaniss also assures us if Judge Nesmlth fails of the demo- cratic nomination in the primary May IS he will not then run as the republican nominee in the November election. It seems that although he has mot accept ed'' the republican nomination, he has not declined" it, and he probably expects republican voters in the democratic pri- mary to help him defeat other democratic candidates
 Judge Nesmth over his own signature attributes my list of questions to per
 sonal spite," and speaks of me as sone H.
 K White. who professes to be a member
 of the Birmingham bar" I do not seem
 to have become well known to him in his
 short residence. but l have raised my
 family here. and practced law here 20
 years, and was well known throughout
 the county as active lawyer and citi- zen 10 years before Judge Nesmth com
 menced his five years residence here. My questions were not prompted by spite"
 because Judge Nesmith rendered judg-
 ment against me, but were to aid the democratic voters of the county, in the language of Chairman Cabaniss' circular letter, "to ascertain the qualifications of his candidate, Judge Nesmith. The ques- tions were prompted rather by the doubt I c1 a of the bar whether Judge Nesmith will make good judge for the next six years if his one years record Is fore cast In his pacards on the walls, fences and trees he says, He has made good judge" but some fear this Is not an inn- partial judgment It is like the old negro said of his lawyer, when he was asked if he had gotten good lawyer" he re- piled. "Yes. sah, I sho has" Being then asked "Who had recommended the law yer" he said. s'He don't need nobody to recommend him, for he sho can recom- mend hisself!''
 Judge Nesmith seems, in self admira- ton, so sure The has made a good jndge,'' and is ''entitled' to the office, that he can only attribute opposition to per sonal spite" As he states. in the case of M l.. Ward. administrator he rendered nearly s16.0o0 judgment against me per sonally year ago; but many lawyers dsdlfiSt WnOln nt nus llot itButfeu JudS- rnents are also opposing him. Judgment must he rendered against one of the two sides in every case. Judge Sharpe in 20 years service on the bench has rendered vastly more judgments than Judge Ne smith but not a lawyer in the county is opposing Judge Sharpe. Since Jndge Ne smith has called attention to the judgment he rendered against me. in an unfair way evidently designed to reflect on my repu- tation as lawyer and citizen. I will state the facts. June 1 1901. I received sS29S as one of the attorneys in case of McCarly, administrator of Aired vs McGee & Fink, receivers of Memphis and Charleston Railroad company. l had been associated in the case by Emery Hall. an Oneonta lawyer shortly after he began suit Tn 1885 Hall had been employed by Alred's parents and he, for purpose of suit had the administration granted McCarly in his capacity as general administrator of Blount county. to save court cost of let ters of administration to parents. never saw or corresponded with McCarly. but conducted case in his name as plaintif through two trials in IN s. court and three hearings in U. S. cturt of appeals in New Orleans finally Eobtaining af-