The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1912-08-01
Text of His Petition.

Text of His Petition.
The petition follows:
Petition. To the Honorable Speaker
and Members of the House OF Repre-
sentatives of the Congress of the
United States-Greeting:
Your petitioner. n law writer of re-
cord, author OF The Lunacy Law OF
the World" on file in various law Ii
braries i'm the United States. among
others that of the Supreme Court OF
the United States, critique OF which
work by leading Law Reviews OF the
United States is herewith annexed as
an appendiN-prays this honorable
court for the Impeachment for NAL
feasance in office in refusing TO obey
the man0ate of the United states CIR
cult Court of Appeals for the South
ern District of New York. his appel
late court, for malfeaSanCe in Office
upon the part of George {. Holt, judge
of the United States District Court
for the Southern District of New
York; whereby your petitioner SUI
fered grieVOus wrong, grave financial
injury, and the deferring of the trial
of his case OF Chaloner against Sher-
man CON the docket of said United
States District COurO for from two
to three years, there or thereabouts.
The object of the present impeach-
ment proceedings is purely and solely
the practical one of procuring a new
trial of SAID cause of ChalOner against
Sherman without undue delay: since
said Judge Holt-fOr reasons best
known to himself-preVented said
trial. by ordering said cause out of
his said United States District Court.
ana into the Supreme Court of the
State of New York; and this in the
teeth of n decision by his appellate
court, namely, the United States Cir
cult Court of Appeals for the South
ern District of New \ Ork. in said case
I of Chaloner against Sherman. handed
down. so far back as 1908; in which
said decision the learned United States
| Circuit Court of Appeals held that your
, petitioner had constitutional right
4 to bring said action of Chaloner
against Sherman in a Federal court
your petitioner being a citizen at said
| time of the State of Virginia (nOw a
citizen of the State of North Carolina.
J doing business. with a business resi-
Gence. in the State of Virginia), while
said Thomas T. Sherman, the falsely
alleged committee of your petitioners
person and estate. is citizen of the
State of New York, and the sum in
controversy your petitioners
entire property. being at least $4,000;
! being. in fact, a million and a half
/ wrOngfully withheld from your petit
| toner 10y said Sherman. by virtue Of an
| illegal and void decree of the Supreme
Court of New York in 1899. being part
/ of a proceeding in said same New
| York Supreme Court under date 1897.
| equally illegal and void for want OF
! Jurisdiction over the person and prop
Ito the fact that your petitioner was
at said time a citizen of the State Of
, Virginia, hut TO the fact that said 1899
proceedings and said 1897 were rotten
with conspiracy, fraud, perjury and
| felony.
1t is not the intention Of your pc
titoner to take up the time Of this
learned court eNpatiating upon what
he intends TO prove. Nor is il the in
tention OF your petitioner to attempt
TO compete in argument with the
august tribunal that decided the law
that should govern the conduct of said
case OF Chaloner against sherman in
the court below; namely the United
states Circuit Court Of Appeals, afore-
said; Judges Iacombe, Coke and Noyes,
ten by Judge Noyes, all concurred
and handed down May II. 1905. G62
will.content himself with printing said
opinion herewith, together with the
Assignment of Errors your petitioner
mas Just drawn up for appeal in said
case of Chaloner against sherman to
said United states Circuit Court Of APP
triaI-before said Judge Hoit-some
two hundred and fifty pages in length.
i House OF Representatives Of the United
states, 50 soon as your petitioner is
Impeachment OF Judge George G. Holt.
aforesaid, has been granted by this
Case Against Holt In Brief.
/ IN conclusion, your petitioner VIII
observe mat the case against said
Judge Holt. in a nutshell. is: that said
II United States Circuit Court of Appeals
stated in SO many words. that the
decree of the Virginia court, pro-
nouncing your petitioner sane and
competent, handed down November e,
1901, cannot be disregarded: further
more, said learned court further held
that your petitioner had a constI-
tutional right To bring the said action
for the ousting OF said Thomas r. Sher-
man, from his falsely alleged commit
teeShip of the person and property of
your petitioner in a Federal court: in
the teeth of which two learned man
dates to the court below, said trial
court-last FebruarY-had the au-
dacity to Ignore same, and rule. First:
/ That the said Virginia decree was i'm
ma terial; second: That the only
proper tribunal in which to bring said
action against said sherman was the
New York supreme Court and there
upon threw your petitioners said case
of Chaloner against sherman out Of
court
Such ermined anarchy is not to be
| tolerated.
JOHN ARMSTRONG CHALONER,
Attorney for Petitioner in propria
persona.
/ (Here follows oath before notary
public)