The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1916-02-10


considered the conditions in the cour
at that time intolerable.
Il was elected to the legislature tina
met early in 1871. coming from Bots
county. When / arrived in the CAPT
tai | found that Chief Justice Noggl
and Justice Lewis were at sword
points. They would sit on the bencl
with their backs turned to each othe
and never speak. Their only mean
of communication was through Justic,
Whitson, who managed to keep OF
speaking terms with BOTH 1t was {
scandal and the whole community was
worked up over It.
Democrats Were Sore.
Democrats in particular were sore
Justice Lewis was smart and knew the
law, but he was bitter partisan
was young and ambitious and when
movements were started to get rid OF
Judge Lewis l was right in on them
As chairman of the judiciary COM
lature did what could. We opened
up correspondence with Sam Merritt,
delegate in congress, and with Henry
Clay Dean, who was then a leading
democrat in Iowa, from which state
Judge Lewis came. Meetings were
held. Some of these ! attended and
some l did not. 1t was my impression
then that the leading republicans were
as anxious to GUST Judge Lewis as the
most radical of the democrats, it was
not wholly political matter by any
means.
Il never thought of 'resigning
Judge Lewis; it was never discussed
at any meeting I attended, and knew
nothing about till the word came from
Washington that Judge Lewis was
down and out.
Hawley Exonerated.
Later, after the legislature had
adjourned and l had returned to
Quartzburg, RUDE Robbins, deputy u.
S. marshall, came with warrant for
my arrest. accompanied him to
Boise. John Haley former delegate
in congress furnished a $4,000 bond
for my appearance, and when | was
taken before the grand jury the case
against me fell fiat Nobody seemed
to know just what the offence was that
had been committed and there was no
evidence against me. The whole mat
ter passed off as joke"
1t is now as years since this wrong
against Judge Lewis was committed,
and it is only within the past week
that the exact identity of the forgers
became public. This publicity came
in a statement given the writer by
Thomas d. Catalan, still a practicing
lawyer in Boise, and at the time one
of the foremost democrats in the terri
tory, man who on two occasions
came within vote or two of nomina-
tion for congress when a nomination
by his party was equivalent to an cleo
ton.
Facts Now Made Public.
"That resignation of Judge Lewis"
said Mr.. Catalan, speaking freely of
the matter was fixed up in little
office building on Main street in Boise
known at the time as "The Little
Stone Jug" I dropped in there ono
night early in March, 1871. by ap-
pointment There / found Major r.
f. Foote and Judge Albert Heed at
work on a paper before them. They
had before them also several papers
written by Judge J. r. Lewis
Il had nothing TO do with the writ
ing of the document. 1t hal already
3ven written before my arrival; bnt l
did criticise the writing when ] was
asked to compare it with that Of Judge
Lewis, and as result of my criticism
the paper was rewritten. AS so re-
written it was sent to Washington.
This Is the exact truth as to how
Judge Lewis lost his seat on the
bench. l have never told it to any
other but one person.
Governor Hawley was blamed for
this and so was Ben Biggerstaff. They
never had a thing to do with it. The
men wholly responsible were Major
Foote and Judge. Heed" !
Foote was the son of Henry S. Foote
Of Mississippi, who served in the Unit
ed States senate as contemporary
Of Webster, Clay and Calhoun. In
1852 he beat Jefferson Davis in race
for governor of Mississippi, running in
opposition to secession, but later serv-
ed in the confederate congress.
Fate of Foote and Heed.
After serving in the confederate
army r. e. Foote came west In the
rush for gold. He landed in Boise
Basin, where he became district at
torney and county attorney at the
same time. He was an able lawyer
but overbearing in his manner and an
intense partisan. He was also given
to strong drink and gambling After
leaving Idaho he went to Nevada and
there, after losing a case In which he
had made hard fight, he was found
dead seated at his desk in his Office,
victim of heart failure.
Judge Heed's after career was even
less creditable. He deserted an ex-