The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1910-07-30
THE ROCK ISLAND
2. r. FOR WILLIAMS.

the fOLtls.
The Following affidavit made by
Charles NJ. Fechheimer, republican
state central committeeman for Grady
county and attorney for the Rock
Island railroad, has been privately
shown by Judge Williams to republic
cans around the county who are going
to vote in the democratic primary:
State of Oklahoma, County Of Grady,
SIS:
Chas. ": Fechheimer, being first du-
ly sworn, on oath stales:
That he is a regular practicing at
torney residing at Chickasha, Oklaho-
ma; that he was attorney for the de-
fendant Chicago, Rock Island & Pacific
Railway company in the case Of Fred
Hoover VS.. Chicago, Rock Island &
Pacific Railway company, at one time
pending in the county court Of Grady
county, Oklahoma; that said case was
instituted in the justice court Of John
A. Mcclure, justice of the peace in and
for the city of Chickasha, Grady coun-
ty, Oklahoma; that when said case was
pending in the justice court this said
affiiant as attorney for said defednant,
requested that plaintiff be required to
give security for costs, but that the
said justice Of the peace refused to re-
quire plaintiff to give security, stat
ing that he was not in the habit of
asking for surety for costs in this
court That afterwards plaintiff had
the case appealed to the county court
Of Grady county, and before the trial
of said cause the defendant filed
motion that plaintiff be required to give
surety for costs before the case should
go to trial; that thereupon the Hon. N.
NJ. Williams, Judge OF said court, re-
quested the plaintiff and his attorney,
William Stacey, to either make cash
deposit for costs, or file bond for
costs, or in the event that the said
plaintiff could not either make cash
deposit or a bond for costs, that the
plaintiff file an affidavit Of his inabiI-
ity to do so, and he would then pro-
ceed to try the case: and the court
further stated that he would give the
plaintiff Tina to make deposit for
costs, or make his bond or the statu-
tory affidavit, but the said William sta
cey as attorney for plalntiff announced
In open court that he would do neither.
That the said county judge stated
that he required this surety for costs
for the purpose of protecting the coun
ty on the amount due it for costs.
That the said William Stacey dis
missed another case entitled Grover
Dixon VS.. Rock Island at the costs Of
plaintiff and the county lost its costs,
and was unable to collect them
That in atlantis opinion Judge viii
liams in requesting a surety for the
costs in the said Hoover case was
simply trying to prcls e the county
dbdluSt loss.
And further afiiant saith not.
CHAS. NJ. FECHHEIsiER,
Subscribed and sworn to before me.
this the 10th day of July, 1910.
J. f. MCNEIL, Notary Public.
(sear
My commission expires March 16,
1912.
The true facts in the Hoover case
are that Hoover had obtained a iudg-
ment Of $500 against the railroad com.
pany in the justice court and the rail
road company. not the plaintiff, as
Fechheimer swears, appealed to the
county court where It was dismissed
by Judge Williams for the reason
stated in the affidavit. The law re-
quires the party bringing a case into
court to give the security for costs
If required by the court In the case
Of this iaboring man against the rail-
road company Judge Williams In vio-
lation Of law reversed the rule, there
fore the railroad company Is anxious
to continue him in office. In the other
case mentioned the plaintiff obtained
verdict Of sl75 in the justice court
and the railroad company appealed to
the county court, where a hearing was
delayed so long that the plaintiff had
left chickasha when it was called for
trial.
Fellow democrats, are you going 70
allow the republican state central
committee and the Rock Island rail
road to elect your judges7 Remember
the 2-cent faro decision by a republi-
can judge and vote right next Tues
day
TzTa42 CIR A THV