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Austin American-Statesman from Austin, Texas • 14

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Austin, Texas
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14
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them the right of a speedy public trial before an impartial judge and Jury. Aj the defendants have by Judge Morris own grand Jury been acquitted of alj charges against them except the two purely technical charges now pending in his court, and as he knows that these charges must be dismissed when brought for trial before an Impartial Judge, he has decided that they shall not come to trial before the election. In pursuance of this decision he has refused to transfer the cases to Judge Brooks' court, although Informed that the latter would try them if so transferred; he has refused to certify his own disqualification to try them, so that the governor might send here another district Judge to try them, and he has refused to express his own unwillingness to try them so that a special judge can be elected for that purpose. Certified copies of orders from the court docket of Judge Morris and of affidavits from citizens are published with this address. It is believed that the truth of all of the material facts herein stated is established by these instruments, except such public facts as have become generally known and are not disputed.

The facts show the unfolding of a deliberate plan to blacken the characters and reputations of innocent men for the purpose of selfgain. Unprincipled mem have done this before, but never before has the incumbent of a high and sacred Judicial office in Texas sought to employ the power of his court in the execution of so infamous a plan. The exercise of the power of any official position in such a cause is tyranny and the tyrany in this case is rendered doubly black by reason of the fact that tha tyrant wears a robe which was once the spotless ermine of honorable men and incorruptible judges. DEMOCRATIC CAMPAIGN 9 o'clock a. m.

for the purpose of selecting juors for the September term of this court. June the 28th, 1900. It is ordered that the jury commissioners heretofore appointed at the present term of court be recalled to meet In session on the day of Jupe, 1900, at 9 o'clock a. m. to select civil juries for the September ter 1900, of this court, according to the order setting the Jury civil docket.

IT IS FURTHER ORDERED THAT SAID COM-. MISSIONERS SELECT A GRAND JURY FOR SAID SEPTEMBER TERM TO THE END THAT IF THE COURT SHALL HEREAFTER DETERMINE THAT A GRAND JURY SHOULD BE SUMMONED FOR SAID TERM, ONE WILL ALREADY HAVE BEEN SELECTED THEREFOR, ACCORDING TO LAW, BUT THE CLERK OF THIS COURT IS DIRECTED NOT TO- CAUSE SAID GRAND JURY TO BE SUMMONED UNLESS HEREAFTER ORDERED TO DO SO. And the jury commissioners having convened, and W. M. Milby, one of said commission, having presented a reasonable excuse for not serving further on said commission, he is at his request excused by the court from further service on said commission, and W.

It. Daniel is hereby appointed a jury commissioner to act in place of said W. M. Milby, and the commissioners being duly sworn retired to enter upon their duties, as provided by law, and said jury commissioners are hereby ordered to select sixteen grand jurors and draw forty-five jurors for fifth and sixth weeks of said term. State of Texas, County of Travis.

James P. Hart, clerk of the district court within and for the county and state aforesaid, do hereby certify that the within and foregoing is a true and correct copy of the order of court appointing jury commissioners, as the same appears of record in this office in minute book 7, on pages HO and 541. Given under my hand and seal of office, at Austin, Texas, this the 21st day of August, A. D. 1900.

(L. JAS. P. HART, Clerk of the District Court, Travis County, Texas. Affidavit of J.andB.Fischer Did the Second Grand Jury "Do the Thing Right?" No "Dutch" Were Allowed Thereon.

the capltol in which I am employed, and to which I carry the key. Tha boxes received by me were handed to the committee in the same condition as when received, except in about three instances, in which the official returns had been closed up in the box, making it necessary to open them in order to get out the official return. I also, at the request of Judge Morris, opened the boxes of the Fifth and Sixth wards in the city, in order that he might have made copies of the pojl lists, which did. After the committee was in session and their sub-committee was canvassing the returns, Judge Morris requested me to go with him and assist him in comparing the returns with the tally lists to see if mistakes had been mad. I requested permission to do this of the sub-committee.

Objection was made on account of the fact that this procedure was a part of certain propositions which Judge Morris had made to the full committee, and which had been rejected by them. By a partisan vote, the sub-committee allowed us to make the examination as requested by Judge Morris, but no errors were fo'ind. During the day the committee was in session the ballot boxes were the custody of the sub-eommittM who held their session in the grand jury room at the county court house, a' id were left therein considerable con-f jslon. When the sub-committee were ready to report and after it was generally known that they would report a majority for Walker, Judge Morris addressed the committee, stating that while he did not withdraw his contention as to how the vote should be counted, yet, he would accept and abide the results. The committee then by unanimous vote declared Judge Walker nominated.

The ballots, so far as I kiow, were left in the grand jury room, and I gave them no further thought. If any one assumed any charge of them I do not know of it, or under what authority. On Tuesday following the meeting of the committee, Judge Morris called upon me and requested that I go to the court house, and as a friend of Judge) Walker's, help him re-court the ballots of the Sixth ward. This I refused to do, stating that I could see no good to be derived, and that my official functions were ended. It was urged upon me by several good democrats that I retake possession of tha boxes and hold them in my possession.

I went to the court house, and assisted by Mr. Thrasher, who had acted as secretary of the committee, placed all the ballot boxes and returns In one large box and nailed them up. They remained in the hall of the court house for some two weeks, when I had them removed to my office over Yates" drug store on Congress avenue. On Thursday prior to the election of school trustees by the city of Austin, being requested to return some boxes borrowed by the city, and in company with Mr. P.

W. Powell (a supporter of' Judge Morris), who wished to secure a polling list of the First ward, I opened the box, took the ballots, out'of the bones belonging to the. city, and placed their contents in other boxes, gave the polling list to Air. Powell and reclosed the box. This is the entire history of these boxes up to the time I carried them before the extraordinary grand jury so specially convened.

Since I delivered them to this body I know nothing of their history or condition. I am, yours very truly I. J. JONES, Ex-Chairman of the Democratic Executive Committee, Travis County, Texas. Sworn to and subscribed before me.

L. K. SMOOT, Notary Public, Travis County, Tex. AUSTIN SETTING THB PACE. That Austin makes no idle boast in statins: that she has the greatest wa the name of God, I would ask that heaven and earth pour out its utter wrath and deep damnation upon hu little shriveled up soul, (Tremendous applause.) -a- Tremendous applause greeted Geo.

Calhoun as he came forth and it was probably ten minutes before he could proceed. As soon as quiet was restored some man in the audience yelied, "Tell us about that 13600 you got from the county." This brought forth a howl of derision at the unfortunate questioner and he was hooted into silence. Mr. Calhoun, however, said he was willing to talk about money he had gotten from the county. He said he got the money by presenting an account in broad open daylight to 'he commissioners, and not as one of his traduc-ers had by merely having a bill Ked" by the county judge.

That he had earned it by hard work and that he proposed to keep it. That he was not writing newspaper articles to blacken the character of any man, and that he would not stoop to dirty and dls-reptuble means to be elected to any office in the gift of the people. That the Morris-Maddox crowd was not running on any merits they possessed themselves, but by euch demerits as their perverted and untruthful imagination could create against honorable and honest men. That Judge Morris accused him of defending Judge Walker, and that he was because he believed and knew him to be an honest man. That it had been said no man could succeed in getting office in Travis county without having his character blackened.

That he did not believe it Here he paid a tribute to the nonesty, integrity and, true manly worth of John Hornsby, a Travis county raised boy, and to Honest Zack Jourdan and was cheered to the echo, livery word of praise of these two men seemed to reach, a sympathtic chord in the audience and their enthusiast wa unbounded. He stated further that John Maddox's only occupation was to edit a paper to blackmail the criaracter of honest people. (Again referring to th money claimed to have been illegally drawn, he said that Maddox said that Calhoun would keep it, that Maddox was right. That he had earned it honestly for tending to the ounty' civil business, and business, too, that was largely caused by Maddox'a machinations. That the principal part of this money had been paid for the recovery of the school land in Throckmorton county, which Maddox wui trying to take from the children when la was a land agent.

In speaking of the lunacy fee business, he said that when Morris decided to write this matter up he had sneaked down to Emraett White and supplicatlngly told him that as he had found out that Hornsby, Calhoun and White had been taking illegal fee and aid that as would nave to write up Calhoun and Hornsby ha would also have to write up White. Calhoun ridiculed this cowardly act and was cheered loudly by the audienee. The affidavits of Shelton. Lynch, Brady and others that appear in another column of The were read and com mented upon. He said that the drawing of lunacy fees had originated four years before he had been bom and yet he was accused of being the originator.

That Morris himself drew the same fees nine years before he (Calhoun) was elected county attorney, and while tlO had been paid back the money drawn by Morris' partner was still owing to the county. In speaking of the nominees for commissioners on the citizens' ticket, who had promised if elected to make rascals turn all the money back, were every one parties either to his orWalker's contract for salary. Address of the Democratic Campaign Committee. History of the Present Independent Movement in Travis County, and Statement of the Animus Behind It. Cold Facts, Showing' a Gross Prostitution of Judicial Power Corrobarated by the Records and Affidavits of Citizens.

Austin, Texas. Oct. 27, 1900. To the People of Travis County: lhe democratic ticket in this county will be opposed at the election, -which takes place on November 6, 1900, with a ticitet styled by its promoters, "The Citizens' Independent Ticket." This citizens' independent ticket has been launched for the purpose of disrupting and destroying tha democratic party in Travis county; and, as that party has imposed upon us partial responsibility for the management of its county campaign, it becomee our duty to lEsue to you this address. In doing so we shall recount briefly the facts leading up to present political conditions in the county, and shall indicate mission were likewise mainly all hostile to Judge Walker, and were the political friends of Judge Morris.

Judge Morris, after having shamefully juggled the array of Jurors thus selected in order to empannel the most partisan grand jury that could possibly be obtained from among the sixteen men whose names had been returned by this jury commission, proceeded to have the jury sworn in and to charge them. His charge on this occasion directed the jury to investigate the frauds which he had previously alleged to have taken place in the primary election, and also to investigate tne charges that he had previously made against the official integrity of Judge Walker. After a prolonged investigation the jury thus selected and charged, acquitted Judge Walker of the criminal charges made against him by refusing to return indictments thereon; and, after having counted all of the ballots which had been preserved from the primary election, and having examined under oath all persons whose ballots were missing except six or seven persons whose votes may be conceded to Judge Morris, the grand jury submitted a report showing that Judge Walker had received a majority of all the votes cast. This action of the grand jury greatly displeased Judge Morris. He denounced the grand Jury immediately after it adjourned and made the threat that he could get a grand jury that would indict Walker.

Judge Morris then proceeded to have the new county democratic executive committee assemble for the purpose of investigating his charges of fraud in the primaries the same charges which had been previously decided against him by the old committee and his own grand jury. But when that committee assembled, he refused to sign a written agreement to abide by its decision of the issues which he was asking it to decide, notwithstanding the fact that he had previously made a similar promise verbally to the old executive committee. When the. new committee ascertained that Judge Morris would not agree to abide by its decision of his case, it very properly refused to go into an investigation of his alleged evidence; and after adopting a resolution endorsing the recounts of the ballots as made by the Morris grand jury, and declaring Judge Walker the democratic nominee, adjourned. After the adjournment of the first grand Jury and before the meeting of the new executive committee, Judge Morris entered an order on the docket of his court directing that his previously selected and illegal grand jury commission should be reassembled.

This was done and they proceeded to draw a new grand jury. But the jurors composing this new array were not then summoned. They were not summoned because Judge Morris entered on his docket an order directing the clerk not to then nave them summoned as in the opinion of the court a necessity for the second grand jury might not arise. Soon after this order was entered and before the meeting of the new executive committee, Judge Morris stated to friends of Judge Walk, er that if Judge Walker would get out of his way and withdraw from the race for district judge, there would be no "necessity" for the second grand Jury. Judge Walker refused to withdraw from the race, the new committee declared again that Walker was the nominee, and Judge Morris then ordered the men composing the new grand jury to be summoned the "necessity" for a new grand jury had arisen.

Up to this period in the campaign, the engineer of Judge Morris and tha machinery of his court had been devoted to attempt to blacken the character of Judge Walker. But now, since Judge Walker had been finally and irrevocably declared to be the democratic nominee for district judge, and was in consequence receiving the support of other democratic nominees for county offices, the field of action for Judge Morris necessarily widened. He now attacked, through the medium of his own court machinery, the cfficial integrity of Emett White, the sheriff; John Hornsby, the county clerk; George Calhoun, the county attorney; Zack Jourdan, the county treasurer; J. B. Rogers, G.

Colvin, Sidney Nolen and Alex. Hughes, the county commissioners, and other of the democratic nominees. That Judge Morris did not do this from a love of abstract justice, is shown by the fact that his charges against these gentlemen are charges of offenses alleged to have been committed long before the present political campaign was inaugurated. He made and prosecuted these charges now, only because it had become necessary for him to discredit and befoul the reputation of the gentlemen constituting the democratic nominees for county offices before he could hope to succeed with his anti-democratic movement. The new grand jury, like the old one, was composed of the partisan friends of Judge Morris and the political enemies of Judge Walker and his fellow nominees.

They were empanneled and instructed to rigidly investigate county affairs in all departments. Thej were aided in their investigation by a finance committee bent on discovering every fact which might be used' to the disadvantage of the democratic nomi-ness. The net result of this second prosecution by the district judge, and this second investigation by the grand jury and finance committee is the as-' certainment of the following facts, First Travis county is indebted to A. S. Walker for fees earned and not collected.

Second Neither Judge Walker nor any other county officer has misapplied or failed to account for any county money as charged by Judge Morris, and Third No violations of the law on the part of any county officer have been discovered, unless It be a violation of the law for the county commissioners' court to fail to file and publish quarterly tabulated statements, or for the county judge to fail to file reports showing collections by him of county money. The secoijjfl grand jury, after having been three times urgently charged as to the law by Judge Morris, returned indictments against the members of the commissioners' court for having failed to file tabulated statements, and against the county judge for hatsgia: failed to file quarterly reports. Tlrrre is no dispute as to the fact that these statements and reports have not been filed. There is little or no dispute outside of Judge Morris' court as to the correctness of the proposition, that the law does not require the filing of such reports as the county judge has been indicted for a failure to file; and there is little or no dispute outside the same ccurt as to the correctness of the further proposition that the law requiring the filing of tabulated statements" by commissioners courts was repealed more than thirten years ago. But the word of Judge Morris is the law in his court; and grand and petit juries ar bound by their oath to accept it as the law.

Knowing this, and by use of the knowledge having obtained misdemeanor indictments as above stated, against the county judge and commissioners, Judge Morris has -refused tl Affidavit of W.S.Lynch. Morris Decides That it is Necessary to Blacken the Charater of Judge A. S. Walker in Order to Win. State of Texas, County of Travis.

Before me, the undersigned authority, on this day personally appeared W. S. Lynch, who, being duly sworn, says: On or about thirty uays before the last democratic primaries were held on April 17, 1900, I was in the office of Judge F. G. Morris, in the court house, at Austin, Texas.

While I was there in conversation with him, Judge Morris said that he had been examining the law, with the view of finding something that he could use against Judge Walker, stating in substance, that if he could get hold of something that could be used to injure Judge Walker's character he could defeat him for district judge. Judge Morris took down the Revised Statutes of Texas, opened it and read from the chapter relating to hireling bonds, and then said he didn't think the law required Judge Walker to pay collections on hireling bonds into the county treasury as fast as collected, but under the law the county judge could do so or not, according to his discretion; that the law didn't require the payment into the county treasury until collection of the full amount due. He stated further that the hireling bond law was conflicting in its provisions, and uncertain in mtaning, and that there were no decisions of the court by which to determine its correct meaning. At the tjme this conversation occurred I was a supporter of Judge Morris for district judge, and he seemed to me to be trying to discover something with which he could advance his awn interests politically and injure Judge Walker. The foregoing is the substance and purport cf what was stated to me by G.

Morris on the occasion referred to. (Signed) W. S. LYNCH. Sworn to and subscribed before me this first day of September, A.

D. 1900. G. W. ALLEN, Notary Public Travis County, Texas.

AFFIDAVITS OF Geo. Calhoun and W.Brady Morris Proposes to Discontinue His Prosecution of Walker if the Latter Will Withdraw from (he Race for District Judgs A Shameless Proposition to Barter Judicial Power for Political Preferment. State of Texas, County of Travis. W. P.

Brady being sworn says that on or about the 9th day of July, while riding on the Houston ind Texas Central train between Littig and Austin, I had a conversation with F. G. Morris. We were talking about the district judgeship race, and I asked him if another grand jury hod been summoned. He said another one had been drawn, but not yet summoned, and that it might not be necessary to summons it.

I then said, then if Judge Walker gets off the ticket you will not summon it. He, Morris, assented to that and said if Judge Walker did get off the ticket he did not think it would be necessary to have the grand jury summoned. The beginning of this conversation was about the report that had been circulated that Judge Walker might withdraw from the race. WILL P. BRADY.

Sworn to and subscribed before me this 1st day of September, A. D. 1900. G. W.

ALLEN, Notary Public, Travis County, Texas. State of Texas, County of Travis. George Calhoun being duly sworn says that shortly after the adjournment of the last grand jury in the Fifty-third district court, I had a conversation with F. G. Morris, in his office in the court house in Travis county, in which he stated in substance that if A.

S. Walker would withdraw from the race for district judge of the fifty-third Judicial district his (Morris') friends would not insist on any further prosecution of said Walker, but that if Walker did not withdraw his friends would insist on a further prosecution of said Walker before another grand jury. (Signed) GEORGE CALHOUN. Sworn to and subscribed before me the 1st day of September, A. D.

WOO. G. W. ALLEN, Notary Public, Travis County, Texas. Court Report.

Certified Copy of Order From the Court Docket of Judge Morris A Confession In Writing of Judicial InfamyIf Walker Will Withdraw, No Necessity for Summonsing Second Grand Jury. In District Court of Tnivis County, Texas, Fifty-third Judicial District, June 27th, 1900. Appointment of Jury Commissioners. June the 27th, 1900. It is ordered by i he court that II.

R. Burt, Ernest Car-lton and W. M. Milby, Jury commissioners heretofore applnted at this term of court, reassemble June 2Sth, 1900, at (Copy.) Exhibit I. State of Texas, County of Travis.

Joe Fischer being sworn says that some time ago, while W. Vt. Daniel was acting as jury commissioner or just after he had acted as jury commissioner, he, W. R. Daniel, came to Fischer store, on West Sixth street, in Austin, Texas, and I said to him, "I see you are one of the jury commissioners." He answered in substance: Yes, and we are not going to have any Dutch on the jury this time, but are going to have men wha will do the thing right.

JOSEPH FISCHER. Sworn to and subscribed before me this 31st day of August, A. D. 1900. JOSEPH W.

CLOUD, Notary Public, Travis County, Texas. (Copy.) Exhibit I. Jno. B. Fischer being duly sworn says: My brother, Joe Fischer, told me of the conversation had by him with W.

R. Daniel concerning his action as commissioner recently, and a few days later at Fischer store in Austin, I spoke to said W. R. Daniel about the same subject and he then made substantially the same statement to me as testified to by my brother in his affidavit, this day made, which I have read. (Signed) JNO.

TS. FISCHER. Sworn to and subscribed before mt this 31st day of August, A. D. 1900.

(L. JOSEPH W. CLOUD, Notary Public, Travis County, Texas. Affidavit of John E-Shelton- Judge Morris Knew of Collection by County Attorney of Fees In Special Cases Long Before He Disclosed His Information Triec to Hold His Information As a Club Over Calhoun. The State of Texas, Comnty of Travis.

Before me, the undersigned authority, on this day personally appeared John E. Shelton, who, being duly sworn says: Sometime before the democratic primaries were held on April 17, last, Judge F. G. Morris came into my office in the county court house in Austin, Texas and asked me what interest George Calhoun was taking in the race for district judge (meaning the race between Judge F. G.

Morris and Judge A. S. Walker). I answered that I did not think that Mr. Calhoun was taking any stock in that race as he had stated to me that he would not.

Judge Morris then said that Calhoun had better not take any steps against him in the a bombshell he could throw into his (Calhoun's) camp. Judge Morris then explained to me that Calhoun was drawing a salary as county attorney from the county and that he believed Calhoun did not have the right to draw such salary. My recollection' is also during the same conversation above referred to Judge Morris stated, that he would write up the matter of Calhoun drawing tha salary from the county anyhow, but he thought it would reflect on one or two members of the commissioners' court who were his friends, and he did not want to do that. JOHN E. SHELTON, Sworn to and subscribed before me this 1st day of Semptember, A.

D. 1900. GEO. W. ALLEN, Notary Public, Travis County, Texas.

Affidavit of I. J. Jones Judge Morris Conceded His Defeat Before the Democratic Primarie and Agreed to Abide the Result History of the Ballots Cast in the Primary. Texas, July 8, 1900. Hon.

J. R. Hamilton, Chairman Democratic Executive Committee, Travis County, Texas. Dear Sir Replying to your request for a history of the ballot boxes of the recent primary election, from the time they were placed in my hands, together with their condition, etc. I beg to say: The ballot boxes were handed or sent me by the respective chairmen, beginning on the night of the election and intermittently until the meeting of the executive committee on the following Saturday.

Some of them were sent in by parties who had had nothing to do with holding the election, some were left at the court house for me. Some of the boxes were closed and sealed in the manner required by law In general elections, many of them were cigar boxes and only closed by a tack in the usual manner. While others were not closed at all. Such boxes as were horded me before the meeting of the committee were kept in the office at terworks system in the country at her' disposal is made evident by the attention that Superintendent Patterson is attracting in Chicago in advocating the construction there of an electrical pumping works such as We have here in Austin. Austin has the honor of having the largest electrical operating water pump in the world and Chicago is now seriously cotemplating adopting our plan by establishing one of their own.

Since Superintendent Patterson placed this electrical pumping station of ours in operation attention has been attracted to it from every section of the world, and innumerable notices have been given our plant in many of the largest electrical and engineering magazines of the country. It is made evident from these notices that outside people appreciate, a great deal niore than Austinites do, the magnificence the Austin plant and its unrivaled powers in the pump world. This electrical pumping works, when it was placed in operation here, was the only one in the United States if not in the world, and it is now the largest, as there is no pump now in operation by electricity that is as large as the one here in Austin's works. Superintendent Patterson worked in-defatigably upon this scheme and that he has made a success that invites the highest admiration is made evident by the desire of the Chicago officials to adopt his views. They intend building a new pumping station some twenty-eight miles out from the city to supply the increasing demand for water.

Superintendent Patterson, who is at present in Chicago, has been interviewed upon the subject, and his opinion is that by using the waters of the drainage canal as motive power there could be enough electrical power generated to represent 20,000 horse power, which would be quite sufficient to furnish power for the electrical pumping station needed by Chicago, and that it would save about $1,000,000 annually to the city. The scheme has taken with the Chicago officials and they have asked several interviews with Superintendent Patteraen upsn the subject. In one of these Mr. Patterson is quoted as saying: "There is no experiment about the scheme. I have tried it with remarkable success In Austin, the largest plant of its kind in the world, where I have been operating for about two' years with absolute success, and the same thing can be done in Chicago.

The sanitary canal gives Chicago the best chance of any city in the world to utilize the natural water power, and Chicago presents a bigger field than any other for improvement in its electric-lighting and water-pumping system." It is made evident from this that Austin's electrical pumping station is going to be copied by one of the largest cities in America, and now if we could only replace our dam and secure cheaper motive power for the operation of this pumping station we would stand forth as the leader of the world and all others would be imitators in the line of cheap and beneficial water and light plants. County Democratic Chairman James R. Hamilton is one of those indefatigable workers who never tires nor lets up during a contest and always comes out victorious. His work during the past few months in Travis county has been most excellent and there is not the shadow of a doubt but what he will win out with hands down this time. what we conceive to be the issues in-1 volved in the present contest.

Tha democratic primaries held in Travia county last April for the purpose of nominating candidates for county offices, were conducted in accordance with resolutions prepared by Judge F. G. Morris and adopted by the county democratic executive committee of Travis county, a majority of the members of the committee being at the time those resolutions were accepted, the personal and political friends or Judge Morris. Judge Morris submitted his claims for the nomination to the primary that was held, and pledged himself to abide the decision of the people in that election. The returns of the election, as canvassed by the executive committee, which was still largely composed of friends of Judge Morris, showed that Judge A.

S. Walker had received a majority of the votes cast, notwithstanding the fact that Judge Morris appeared before that committee and preferred charges of fraud and irregularity in the primaries. Judge Morris pledged himself to abide the decision thus rendered against him; but he soon showed by his acts that he had no intention of so doing, and that he had set about preparing the way for the present independent movement against the democratic county ticket. Thefirst step in the execution of this plan by Judge Morris was to call and empannel in his own court a grand jury for the express purpose of investigating the alleged frauds and irregularities in the primaries, and for the further purpose of indicting Judge Walker on certain charges of having Illegally misapplied money due the county on hiring bonds, which latter charges had by Judge Morris been preferred against Judge Walker before the people previous to the primaries, and had by them been repudiated by their votes in the primaries. The grand Jury thus empanneled was selested by Jury commissioners appointed by Judge Morris in violation of those express provisions of the law which require that jury commissioners shall be freeholders and that they shall be selected from different parts of the county.

All of these jury commissioners thus illegally selected, were the personal and political friends of Judge Morris and were the political enemies of Judge Walker. By a remarkable coincidence, the jurors selected by this jury com.

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