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! % ' "t' 7" V'J " ' % SW7 ! P fl.i..c - ' ' - Ip t ' ' - - -
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- . - - THE OMAhA DAILY DEE : SUNDAY , FEBRUARY 3 , 1 89th , . , _ 13 _ _
I
.
The Career and Judicial Recrd , of Cunningham R. Scott.
I u _ _ _ _ _ _ _ r' f1J ' " * o .
SlALL xtraordiuary . SCOTT Appeal BE in the DEPOSED Name of the ?
_ Extraordinar
American Protective Assocation ,
FRYING TO FORESTAll - IMPEACHMENT
iRYItG
/ Onlnnt : ( nloo.1 . % 'ha 1cvcr Were ii Unl-
term 111 . nn AlloU" , \ . ' I'ntrlntho
Sllkcd nt Ilmo Whcl the ! ,
tohi'.I lto'RS In lorlL
S Upon the convening - of the s\slaturo I \ the
following eppeal was placcl In the hands at
Is members :
OMAhA , Neb. , Dec. 31. : 18H.-Ono ! of the
organizations : of this city said to represent
over 8,000 voters In this city and county , and
over 40.000 In the state , on the 26th day of
] ecember 18:1 $ , unanimously ! adopted the fol.
lowing preamble and resolutions , which speak
fez themselves :
"WhereIn , I Is rumored , that there are pro-
llmlnary steps being taken by certain' attor-
nys of this city and district , nt the dictatIon
at dwar,1 Iosewater , covertly to smirch the
character at Judge Cunningham It. Scott , one
!
at the judges of our court , In order , ns we
_ believe , 10 gratify an unworthy , malicious
spleen against said jude , and to carry out
11s well known polcy of 'eekIng to destroy
nil those whom ho cannot use , and that wo
recognize the motive of Iosewnter In this
mater as akin to Ills o-releated elorts
seeking to destroy republicans of this state
who would not tmcldo to his venomous be-
hosts , and ,
"Whereas , We know Judo Cunningham R.
Scott to bo honest , upright , Incorruptible and
fearless In his administration of the law , and
commend his manly and courageous adher-
.j- once to equal and exact , justice In all cases
j and to \ persons , In his administration of
his jUdicial once for the past three years and
because ho lies required foreigners seeking
: atualzaton to bl Informed upon the prIn-
ciples of our government : and ,
'Whercas , Judge Cunningham H. Scott Is a
_ , vorthy citzen , a true patriot , and an un-
/wervlng American In alt hIs outgoings and
Incomings , both as a citizen and a judge of
the court : and ,
_ "Whercas , We are opposed , to our courts
being terrorized Into subserviency to the
power of any Individual or organization or
IndivIduals , or the character of their pro-
ceellngs smIrched , or the jUdges thereof
being traduced or vilifIed to gratify a per-
* . Ls snal malice and hatred : and , "
-5 "Whereas , Wo regard Judge Scott as the
- peer of any distrIct judge In the state , In
, Purity of character , honesty of purpose ali
a bo desire It to do right to all men ; therefore ,
"Hesolved , That we consider such an acton
beneath the dignity of friends of law and
order and good government , subversive of the
liberties of the people , a barrIer to the enforcement -
forcement of the law , and that It Is an un-
holy scheme to Impeach , or attempt to Im-
peach , saId Judge CunnIngham H. Scot
: e to gratify a personal malice , borderln on
anarchy and revolution.
. revoluton.
" That call the repro-
"Hesolved , wo cal upon
BentaUves' and senators from this county ,
diltrlct and state to throttle any attempt '
- to bring reproach upon said Judge Cunningham -
ham n. Scott , and his court , by Impeachment
proceedings of any name , nature or kind ,
knowing as we do that there Is no ground
for such a proceeding , save that of bitter
personal malice and hatred of nosewater.
"Resolved , That we will stand by and do-
It. Scott and his t
i9 ; tend said Judge Cunningham I.
court against such atacks , and will uphold
, and support our representatives In their assistance -
sistance In that regard In defeating a .ne-
farlous , devilish scheme to blacken hIs char-
actor and subvert hIs court. "
" names are attached to this extraordinary -
"p WhIle no atached
authors have In so
traordinary document , Its
: " many words committed the American Protective -
tectve assocIation of thIs state to the endorsement -
; dorsement ofthie allegations embodIed thereIn -
In , and thus , chalenged public attention to
the career of CunnIngham H. Scott and hIs
i
; , judicIal record , which The flee deems It Its
4 the legislature -
- duty and privilege to present to
s turo , leaving that body to decide for Itself
whether Cunningham n. Scot Is , or Is not , a
worthy citizen , a true patriot , upright and
tearless In the administration of law with
equal and exact justice In all cases and to
nil penons ; anti whether or not his conduct
justifies his removal from the bench.
; ustfes .
SCO'-rs JIL vuunut :
-
Itrlk\lt Inehlcnt of HII Life in 10\0
' * , , to 188"
Iown
! : ? : Cunningham I. scottcamo to Omaha about
. Upon his advent In this cIty
; ten years ago. ,
, lID assumed and sported the title of colonel
A martinet In manner , wIth "fight" written
countenance , he was believed to
all over his WIS beloved
be al a veteran who had served his country gal- I
lentIl In defense of the flag. When asked
lanty from whence the colonel hlled , It was not
from Appomattox and the historIc apple tree ,
of Anamosa , Ia
village
. but from tile Peaceful vllge
In ' 61 , when
61.
resident of Anamosa
L 119 was a
, Fort Sumter was attacked by the South Carolina -
olina rebols. Scott was then a young man ,
about 26 year of age , In tIme Ilrlmo of life ,
full o't ambition and patriotism. lie was !
anxious for an opportunity to make himself ;
famous , ali the war furnished the oppor-
tunity. Leading union men of the town hall
demanded that several citIzens who were sup-
posed to bo southern sympathizers bo required -
' quired to take the oath of allegiance . Scot ,
strange to say , counseled moderation and
ont to a mass meeting to speak against the
IJrop slton. Hut he ( lopped completely and
'nalle a slJeoch demanding that every male
titizeti of the town bo forced to take the oath ,
ltzen
, . , A cause for hIs change of heart and uter-
anco was easily found. A mltny cOlpny was
being organized and Scdlt had conceived the
loton of seeking the bauble reputation at the
cannon's mouth al captain of the company
10 was one at the mOt ardent prmoters at
the new cOI\lny. lie made I speech , In
which he declared ho would par with all of
his worldly lucsslons for one good eliot at
a rebel . I wal 1 great bid for votes , but I
fll . When the newly enrolled company
' voted to select its officers E. Ii. Alderman of
.
Marion vas almost unanimously chosen ca (
thin , and Scott could not even capture n lieutenancy .
tenancy or 1 minor ohilce. The result at the
election lounded time death koch of his pa-
trlotsm , his lighting blood cooled with sur-
llrlslng suddenness , and when the Anamosa
company Wa ready to start for navenporl
to join the 'fwenty.Ilrst Iowa Infantry Scolt's
name hul ben stricken from its enrollment .
Ills health had suddenly failed along with bid
ptrlotam. and ho wu tbreateno with rhou-
D1tim at the heart and presented a plmysl-
clan's certfcate to that effect . lie remained
a hOle glrd through the entIre war , but
his borne title of " "
ba Ilroudly brno the tte "colonel" over
since ho left Anamosa ,
;
ml'PED ITO OLITICS.
having failed as a military hero. Scott tried
politics. lie secured , by a trIck In counting
the ballots of a convention , the nominatIon for
f , district attorney on the republican tcket .
l' ' Judge Stacy of Anamola was the actual nom
tnee , but Scott's tine work prevailed and he
, , WU nominated . I was not healthy to vole
f
. . - , p ' . . . . . . .
.
the democratic ticket In Iowa at that time , ,
and Scot was elected and served six years.
lie then trIed to get the nomination for state
senator , " 'a defeated and went over to the
encm ) anti , fought over nominee of the ro-
publcan convention whIch had refused to
further honor him. This ended his career
In Anamosa . I mbllerO by his defeat , ho
Quarrelell with his political _ and personal
friends , and fInally left the city , removIng to
Council lurB early In 1872.
TI ASSAULT ON MONTIOMEItY.
Scott's Council Iuls record } Is but a rep -
titian of tIme personal and political fights by
which ho hal achieved notoriety In Anamo .
lie formed n law partnership with I P.
Montgomery , whIch was dissolved In April
or Iay , 1873. There were some tragic events
connected with the IItsoluUon of that part- j
nerhip , which are best told by Mr. Montgomery -
gomery himself In an alhlavlt made about
that time , In which he says :
"In our dissolution and settlement wo divided .
vided our accounts. I toot ] some and Scott
took some. One account canto to me against
J. T. hart , In which there was an item at
$10 for services. In settling up Mr. Hart did
nol know what the Hem meant , nor did I.
Scott having retained the partnership books ,
I went to him to try and find out what the
$10 Item was for. I met him In front of
him omco on 'Pearl street. Ho was In consultation -
sulaton with Wilam Orr , and as soon as
they were through talking I showed Scott
the account anti asked him what It was ror.
Ito told . mo and then 1 aekel him to let mo
see an account against Mr. Stern lie said
that he would not let mo see the books and
that If r did see them It would 1 by operation -
ton of law . I think that at thIs time I
showed him I letter from James Ledwlch ,
In which Iedwlch claimed to ha\'o pall him
some money which had not been credltell ,
nor was It charged to Scott. Scott said that
Ldwlch war a d- Lar and that I had
nothing to tIe with the matter . I told hIm
that there was certainly a difference between '
money paid to the firm and open and outstanding -
standing accounts. Ho said that I should not
look at the books , and that ho did not want
to talk with rue about it. I toll him that
there was no use of getting excited about I ,
that If there had been any mistakes wo ought
to talk matters over In a business way and
correct them. lie said that Ito did not
propose 10 correct anything : that I was an
overbearing - - and that ho did apt
want to talk to me. I told him that tIme
only objection I Ild to talking with him was
that ho was so d-d small that It was duncult
to find him , all that I ho , had been stealing
I proposed to find It out Ho asked mo If
I proposed to cal him a thIef , and I replied
that I meant to say just what I hal said
" ' \e were then standing about three or
four feel apart Ho backed cit about eight
or ten feet , pulled his revolver out of his
pocket , cocked It , held It right at mo and
swore that ho would 'shoot your , dIbcart '
out ' I stood quiet for a moment ant remarked -
marked to him that It was not necessary for
him to mal ( a d-d fool of himself In public.
I started away and went Into his office and
stayed there for a moment and then came
down At that time Scott was walking
toward the railroad office. "
'
ThIs Is corroborated by time affidavits 'of J.
Montgomery and Jacob Simms.
INDICTED DY THE GRAND JURY. .
At the May term of the strict court an
Indictment , of which the following Is a true
copy , was returned against Scott by the
grand jury oC Poltawatamle county :
election two years later Scott was a bit- '
tony against him a ho had been
favorable to him two years before. I was
very shortly after the election In 1884 that
Scott Omaha. left Council Bluffs and removed to
Par some time after coming to Omaha ,
"Colonel" Scott laid low and attended to the
practice of law , but during the summer of
18n his political ambition arose. In public
and In private he harangued these who
would listen to him laying particular stress
upon his loyalty to Omaha , and what ho was
going to do toward helping time city. All of
this time ho was nursing 0 political boom
and using his loyal to Omaha a a lever b )
which to help him along In his canvass. Iy
sly work ho managed 10 secure a majority
of the delegates In the judicial convention ,
which was held In Bxposlton hal on Octo-
her 6 of that ycar. Ho was nominated by
acclamation and after having been boosted
to tim platform spoke as follows : "Tho
Judge who will refuse to recognize the
young attorney Is a moral coward The
judo who will throw cold water upon the
) 'rung attorney , simply because he Is young ,
Is lhe kind of 0 man who will whip I woman
and then boast about It.
"Now you have my platform. When I al
not busy tryIng to get tIme republican notional -
tonal convention for Omaha you will find
mo working for the ticket nominated tOllay. "
Scott's elcctonecrlng methods were char-
acteristic. lie had never been noted I n
liberal contrIbutor to campaign funds and
after hIs nomination for judge declined to
pay his assessment to the republican com-
mItee , 011 never has pal } up. lIe was a
boomer from the word "go" In the . matter of
gtUng time republican national convention of
189 located In Omaha. lIe neglect his
canvass for a place on the district bench
wi'Iie ho visited other states , on money contributed -
tributed by Omahans , to enlist theIr aId In
Omaha's efforts to capture tIme convention
prize. He pledged countless thousands for the
entertainment of delegates and had his
praises sounded by newspapers everywhere.
His campaign for judge progressed finely ant
very cllcaply. He was placed on tIme Ilelo-
glUon that was sent to Washington to labor
for the location of the convenUon. This
turned his head completelY. His conceIt
knew no bounds. He had the convention as- I
sured. All he had to do was to go down to
Wahington and have the national committee
formaly ratify his plans.
THAT TRIP TO WASHINGTON.
TIme commItee of Omaha citizens started
for the national capital on November 17 ,
1891 On the special train ho quarreled with
everyone and made himsel unbearable. Upon
reaching Washington he at once gave Omaha
0 very unenviable reputation. Ho Insisted
upon monopolizing time entire time allotted
to Omaha for the presentation speech when
every other city had three or four of the
ablest orators of their respective states , and
ho was only prevailed upon to give up part
of the tmo after several disgraceful scenes
at the Arlington hotel His speech before
the natonal committee was abusive and lost
Omaha several votes that would have been
cast for her but for his trade , le was
lampooned and denounced by the leading
papers of time country for his want of cour-
tesy and his outrageous Insolence.
The most discourteous exhibition of conceit -
ceit was Scott's conduct at time white house.
The members of the Omaha delegation had
caled to pay their respects to President
- - - - - - - - - - - - -
Indictment ; the state of Iowa ,
against , C. U. Scott . district Pol- " - - "
walamle count' , Iowa. _ _ i' -
May term , 1878 The grand jury . e - - - - - :
of the o..t of l'.I..I I. . 10 :
the name and by the authority of - =
, the state of Iowa , accuse C. R. - '
Scot of the crime of assault with
Intent to murder , committed as fOI
iawa : , : commlle : THE STATE OF row
For that the said C. R. Scott on
the IGth day of May , A. D. 1818 , In .GANS'
time said county of Pottawattamie. ,
'
and state of Iowa , ' being armed '
'wlb a - pistol , loaded' l and ' barge - . . ' . . . . . . _ . _ " _ . _ _ .
wIth gunpowder and leaden bullets , . .
which ho , the said C. It. Scott , then
and there had and held In his right .
band , In and upon one D. F. Mont- : . _ ' . _
gomery did make an assault with
the Intent then and timere hint the
. said D. F. Montgomery , wifuly , . . , . . - _ . . . _ _ _ . _ _ _ _
feloniously , deliberately , premedlta-
tively , and at his malice aforethought -
thought to kill and murder , contrary
to the statute In Iuch case made _ . . . . . _ . . . . . _ . _ . _ . . . . . _ _ _ . . . . . . . . . . _
and provided , and against , the peace _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
and dignity of the state of Iowa.
A. n. ANDElSON ; : INDICTMENT FOR
District Attorney .
Presented In open court by the
foreman of the grand jury , In the ,
presence of his fellows , and flied _ _ _ _ _ _ _ _ _ 1 l _ _ _ _ ' . - _ _
this 7th day of June , A. D. 1878. "
F. I. WARREN , A EBI L-
Clerk District Court.
Issue I bench warrant for the ar- -
est of the defendant , and admit to . " . .
bal In the sum of $500 each , and In - - - - -
default of bal commit to the jai of Foreman.
Potlwatamlo county until dl- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
charged. J. n. nEED ,
JUdge of the Thirteenth Judicial WITNESES
DIstrict. r
Scott gave the required bond and I , 'q
,
the . " ' continued. bt."gm- r .
cry removed to Denver and time case A i
never came to trial , but was quietly - " ( ,
disposed of , although the Indictment : ' 1 r
still remains I mater of record In ; .
the aneD of the clerk of the courts . . .
In P ttawatamle county. . , ' , . .
"Colonel" ' - " '
Scott's methods were
shown In the manner of the dlssolu.
ton of the partnership with Mont.
gomY which led t the attempted _ _ . . . . . . . . . . . _ _ . . . . . . _ . _ _ . . _ . . . . . . . _
murder , by Scott of his former legal _ _ _ '
associate. Montgomery had been out of the
state on legal business and returned to find
that Scott had arbitrarily dissolved the part.
nershlp , had change the locks on time door
and was running thing to suit himself
ABUSED A WOMAN
The "colonel" imad another chance to show
his fighting IlrowEss In Council Bluffs with a
woman for an oPllonent. Mrs. Richardson had
rented I farm of Scott. She was to have a
onehalt Interest In the product of the farm
and the live stoclc Scott wanted both halves
of the crop and a row was on , Scott tried to
get the woman cit the place and on one of his
visits , she avers , said In the presence of her I
children , "You are a et of d- thirty
tramps and dead beats " and at another :
time said to ber , "D-n you , If you
don't geL off the place Il thrown you
off. " Mrs. Ilchardson was forced oft
the place and commenced suit against Scott
for $10.000 damages , alleging that Scott had
referred to her as "A d- old blister" and
hall Injured her character by his abusive and
vulgar language In the trial of the case
Scott , who was defending Ills own Interests ,
remarked : "About live years ago I was so
unfortunate as to have amas a fortune of
$5,000 In cash , wblch I put Into I farm In
Garner township. Later on I rented the farm
to that old heifer over there , " pointing to
Mrs. RIchardson , "and ever since that time
we havl been unable to raise nothing but h-I
and cockle burs. "
Notwltatndlng his clever version , Scott
va unable to win his case , The Jury returned -
turned I verdict In favor or Mra. Ichardson ,
which was satisfied on October 9 , 1885.
Ills RECORD IN POLITICS ,
When Judge need , now of the United Stat.s
court , was upon the district bench , he aroused
time Ire at Scot by making him sit down , with
the rebuke that I temple of justice was not
the place In which to wash dirty linen . As a
result of this Scott made a bitter lght upon
judge Heed when he was I candIdate for time
supreme bench
Scott's basted realty to the republican
party does not stand scrutiny much better
titan his military record does Ho bolted the
republican nominee for congress In the
Ninth Iowa district In 1552. Scot took the
stump for W. H. M. Pus ) the domocrate
nomlnel abused Major Anderson , the re-
pUblcan candidate , so unlercUuly that hs
was comp led to take notco If the doughty
colonel anti In doing so he said , from the
platorm : "When God AlmIghty sent C. It ,
Scott Into the arId to tantalize and anne
mlnklnd he stumped on hla brow 'No He )
cure , ' never Intending that he should enter
hll divIne presence again , " Anderson W38 de-
feled , but when Mr Pusey came up for re-
I
Harrison and were ushered Into the recep- ,
ton chamber while the president was hold-
lug I conference In an adjoining roommi
HELD DOWN THE CHAm.
Regardless of the concepton at any act of
decency Scott seated himsel In the irosi-
dent's prIvate chair , and at time president's
prIvate dealt , remaining there even after
President harrison had entered the room
Ex-Oovernor Saunders Introduced the delegates -
gates to the president , but Scott did not rise
from his seat , though everybody , Including
the presIdent , remained standing. Quio na-
turaly the president was neled and turned
hIs back on Scott while ho talked to the
other members cf the delegation. Scott ro-
malnell as motionless as a statue In the
president's chair dnrlng the entire Interview ,
and when time delegation passed out of the
room Prosldent HarrIson ignored Scott's pres-
enco. Scot finally picked up his hit amid
sauntered out after the delegation , mmmi-
fcsting time most irritable
festng Irriable temller because time
president had Ignored him.
.
An 10\1 'rrlhulc. ,
Des Moines Caplnl
Cunningham n. Scott , whom Iowa
kindly let Nebraska have some years
ago and who Is now a judge In the
later state , Is building up quite a reputation
as a judIcial freale. lie some time since sea-
tenceJ an editor to ImprIsonment for coin-
mentng on him and his court , and
time fact that time supreme court
reversed him In time mater does
not seem to have Improved h'l temper He Is
now presiding In the criminal curt at Doug.
las county , where Is docketed a case of crim-
Inal libel against the same editor. Time later
made application for a chlnge to another
judge , which Judge Scot refuted The editor
then went before the olher five judges ot th
district , sitting In banc , end asked fer au
order making time transfer , Time judges Invited .
vled Scot to come before them , and
to give reasons why the transfer should
not be made To the bailiff who brought the
relluest JUdge Scott said , "Tako thaI back
to your judge , and tel him to mInd his otto ;
business. " lie also refused to allow the
papers In the case to be talten to the olhcr
jumiges He anonunced that the editor In
question should bo tried In his court I he
( time jUdge ) lived , and he was going to I ,
I ho "wasn't killed. " Onl would Ihlnk theaters -
ters would have pcor support In Omaha wih
free entertainments of 'his ' clmam-at'ter In the
curt houEe.
.
' - '
L' ' I
TIE BENCH ; 1 . ' : ISCANDALZED '
I. '
ScWs Errato Poyformnnccs and Outrageous -
rgeous Judkial l Usurpatons
.
MENACE TO TI E FtE.OOM : , OF TiE PRESS
-
A l'erverAlon of . 'ustce and Iteckloss Ulto'
Glul of COllltltom\1 iihmt " amid Statutory -
tory I.lmiiltntionaJtmtico Without
Equality-rorgery nL n l'romlul ,
A the opening of the February term of
court , 1892 , Scot went upon the bench for
the first tm , taking anD at the law court
rooms , Judge DavIs having ben assigned to
the crImInal hostel Dy an agreement en-
tere Into by' time jUdges , It was decided that
Scott should charge the grand jury , which
had been drawn for that term of court
Scott delivered omie of his grand } stand har-
rangues , a porton of which was as follows :
"A dlshonct public official , whether minis-
tonal , legislative or judicial , Is a public men-
ace and shonld be hunted down ns a blghter
of IJublo confidence ; a peculator all speculator -
later upon the property anti , rlghls of tIme ( ub- i
lie ; I perjurer , who makes merchandlso for
his own selfish amid corrupl purpose of the
confdenco and faith relOSe In him by the
pcple. lie Is worse thau a highway robber ,
because time victim , time people , ha\o noL a
fghtng chance to ) rotec themselves era he
robs timent To cal such an olcor a thief
would bo flatterIng. - That such persons have
held oneo wlhln the boundaries of this
county , anti within the statute of lmiaton
Is qulle manifest , unless all Indlcatous point 1
time wrong wa ) Nor will you have to exercise -
cso a very high degree of diligence to timid
them It you are looking for Ilblo critmmimmals.
"A little well directed effort on your part
as grand jurors In tIme dlrectou hero mdi-
cated , would doubtless open up a field Into
which 1 stone could not bo thrown without
hitting a crIminal. You should see to It that
tim stone Is thmrown and thrown Imard You
owe It to yourselves , the people whom you
represent In your present service , and to
your sworn obligations to make that effort ,
all to mllw I with such an uncompromising
zeal that hereafter . a mark more Indelblo
than that vut upon Cain shah bo slampe
upon their forehcs , larltng them as 'ticket
of leave mel , ' amid loral blisters upon the
body polittic.
"Thero comes from time people a command
for a forward . march eli along the line of
yomr dut ) . You should give heed to that
cry , for It comes from a patent , long-suffer-
Ilg endurance , which his at last reached Its
himul t. "
SENT TWO LA wYms TO JAIL.
Scott loft time criminal bench and went
back to hIs own court room The grand
jurors went out , am ] at one of their sessions
ar
they ludlcte Edward 3' . Moroarity . an ex-
mcmber of the city council. After Morearity's
arrest , ho employed Sias A. Cobb and W. J.
Clair to defend 111m. \ few days later these
lawyers led a moUQn' 1/1 / Judge navis' court
to quash the Jndlctment , on the ground that
Judge Scott's charge to the grand jury was
InOammator ) ' , ) reJlldlclll and that ( I prejudiced -
diced time grand jurors 10 an extent that they
were not fair and tnipartiai . This motion
was fed on March 18 , 1892.
The folowlng day , the 10rearly trial was
before Judge Ddvis and a jury , In the crim-
Inal seton of thIdftrict court. Just be-
fore noon , and unvled , rJudgo Scott entered
the room , mounted fho rnch and took a seat
beside Judge Davis. Shortly afterward Judge
Davis adjourned th ! ' tdimrt until 2 o'clock
Then JUdge Scott , \pollhla own motion , addressed -
dressed himself to , Mr.4pair . who , wih Mr.
Cobb , was in the roorn . and asked him If he
flgnCl time moton : quash the Indictment.
Doth gentemen ahswered that the signatures
attached to the motion were theirs Judge
Scott asked I they were willing to strike the
moton from the les' ' of the court Mr. Cobb
replied that , he wanted tIme to consider that
proposition. Instead of granting time , Judge
Scot al. replied , "You will do I now or not at
They informed Judge Scott that they would
strike nothing from lhelr motion. Then i
there was a scene In thl court room The U- ,
shot of the whole mater was that Clair and
Cobb were adjudged guilty of contempt of
court and sentenced to each pay a fine of $25
and remain Jai for twenty-four hours.
That afternoon Scott started for one of time
northern counties In time district to bo gone
for several days , and , In order to get the case
before time supreme court , attorneys who appear -
peared for Clair and Cobb hurried around
and got the bi of exceptions ready They
were presented to Scott while he was at the
Webster street depot waiting for the departure -
parturo of the traln Instead at signing the
bill . he took the papers , put them Into his
pocket and remarked that he would look Into
the matter .
In the meantime the sheriff had carrie
Into execution the order of the court , and the
two men had ben taken to the county jail .
Friends and other Interested themselves and
another record was made , supported br anda-
vita , and with an . attorney , hurrie away to
time supreme court , where supersedeus was
'
gm sited.
SUPREME COURT TOOK A HAND
'Vhon time case came up for hearng In the
supreme court , time findings of Judge Scot
were set aside , not one of the judge dlsseni-
Ing.
In passing upon time case , the members of
time supreme bnch reviewed the testimony
and affidavits , added to their opinion when
considering the motion to quash the Indictment -
mont , "We are constrained to regard the objection -
jecton lade to time charle , so far a It as-
Humes time commissIon Of-the crime of brlb-
amy , a merited cmitlcismom. While doubtless
Intended as an admonition to the jurors with ;
respect to their duty , It cannot be construe
otherwise titan as an Invasion of their prov-
inco which amounts to an abuse of discre-
tion. "
Time Clair-Cobb incident tamed Judge Scot
down to some extent , and during the summpr
of 189 ho got along relsonably well with the
members of the bar , though this was accountEd -
countEd for In n measure by time fact that he
presided over oUO of the law dockets , and that
IOst of tIme cases thereon were contnued by
the attorneys when reached. In September
of that year Scot went up to Teltamah to
hohl time regular fal term of court 'horo
was trouble from start to Inlsh , and , 01 ac-
count at his violent exhibitions of temper ,
ho was complled to give It up as a bad jab
and return borne _
Going to lalr to hold time fall term ( '
court In 'Vashlnltoh county , Judge Scott "n I
tered the court hou9 , Ind Immediately took I. .
place on the bench , Opening the docket he
commenced a cal of1he cases Soon aCer
this , and whie . thdo was a lul In the proceedings -
ceedings , Jmmdgo I. WI Osboure , one of the
oldest practloners 1' this portion of the
state , walked up to lld bench and addressing
Judge Scot said , " "Oood 'nornlng. " Scot
did not reply , anti llT. ! Osborn" withdrew .
Iurlmmg the day the came of time state on time
relaton ; of Triplett aglhst Warner was called
for tjial. Mr Oslicml& suggested that the
case might be stricmcmi ! from the cal , whlo
Attorney Jesse P , Dayis Intc-rposed an ob.
jecton , aylnl : Ihat ft t woul,1 , he wrong to
havD It diasmiisaed . &ott marlted this case
dismissed , then l et1 I contnued , after
which Iw erased bofh entries , so that the at.
torneys and the ! clerk Wre I unable to tel iiy-
11)
thing about its disposition .
SOMEThING fW A CICUS ,
Dnrlng the same dar time case of John Hoe ,
receiver against time IUcbardson company wa ,
01 trial Judge Osborn was conductng one
sIde Durin ! the vroiress of the trial , Judge
Osborne huppened to look around toward tht
door , expecting time arrival of a leuenper
to intermit him of time condition of a mcmber
of his family , who at time tIme was vemy sick
Judge ! cott noticed this look , and In an an.
gry tone of voice remallte" ; , "I want you to
look at inc. " Judge Oshorne answerrd thai
he wan led 10 sr oak to hla , Eon ; a moment
Scalt still angry answeredj "No , sir ; you
look It me "
Ii. \ae Gulls . ox-county judge memb
of time Burl county bar , was hauled over time
coals b ) Scott at the santo September tal
of court. Wile In time trIal cC the cue of
'Klrkel ' against Mennele , Judge Szot told
Judge Gluts that hq nerd not eet I , any cb.
Jectons , and tht he ned 10t take any ex-
ceptons 10 the ruling ot the court , a the
reporter had strict orders to always take
down cxceptons after objections bad ben
made. A witness was upon the stand and } ob-
lelons Interfered wih her giving testmon ) ' .
Scott tel Gulls that after the testmon ) ' was
all In . ho could make sucb objections as he
saw fit . After the trial was over , Scott reo
fuset to allow time objections to appear , and
sold , that he hail never made time statement
Durng the tem of court held at Tekamah
matcrs grew atorniy , as Scott conlnuel to
roast the attorneys right and left . The spec.
lators In time lobby hlseI and applauded \
luns ; , unt the court resembled a Iolicl
meeting much tore than It dll a tribunal of
justice. Scott hare down IIon the attorneys
so hard that they finally left In llhgust 01
the day before time final alournmenl , charges
ot insanity were uile.i against Scott. The next
mornllg aCer the filing of the charges , Scot
con\'enell hl courl , when 11. II. Bowes arose
and stated that ho understood that the commission -
mission for cxamlling Into hIs sanity was
rcaI' for hIm to appear , that It might be
decided If ho was sanD , or Insane , Scott be-
came very angry , and striking his hands to-
gelher , remarked : "I wi show you who Is
insane. " 10 stormed about time rom , abusIng -
Ing the attorneys , telling them that they
would Ilavo to "shuL imp , " and proceed with
their do. cases . This time attorneys r fused to
Attorney E. W. Peterson at this tcrm of
court was adjudged guilty of cent mllt of
court , fined $100 and the costs and , remanded ,
slnlly because he toll Scott that he was not
ready to go into this trial of the Monroe case. ,
Scott Insisted thaI ho shaull ( } go al with the
case , whie Peterson Insisted that ho could
not , for the reason that he had not made the
preparations. A commiment was male out
and Peterson.1 taken to jai , from whence
he was released a few moments later upon n
writ of habeas corpus , Issued by time county
judge.
Things were getting rather hot for Scott ,
and ho telegrnllhell .o this city , asking that
some of the atorneys jump Into tIme breach
and help him oitt Time next morning Scott's
son and a couple of attorneys proceeded to
time scene , where they found Scott hohlng the i
fort , but not any court , for the attorneys had '
reCuse to appear before him , nIl the jurors
had been diselmargeti. About this lme , however .
ever , ho discovered that Peterson had ben
release from custody , and frothing and foammi-
big about , he declarell thaI the counl judge
had no' authoriy for Issuing the Ilbeas
corpus , and that ho would proceed against
that omclal. The sherll was ordered to po
out and retake Peterson lul again commit
him to jail , this injunction going along with
him , "I you don't do this , I will . fno you
$1,000. There Is a statutory penalty for not
carrying out tIme orders of the court , and I
will Leo that I Is Imposed. "
AGREED TO LEAVE TO\VN.
The sheri was not made of the kind of
tul that scares , but he went out and hunted
for Peterson , thouh he was not successful
to any allrming detrcc ,
Scott went before Judges Ke'sor ali Irvine ,
ecurlng a temporary order , rstralling time
Board of Insanity from acting. lie alleged
that time members of the bar of Burt county
were In a conspiracy but after lstening to
the law and tIme evidence , the two members
of the district bench denied the Injumiction .
holding that time Board of Insanity of Hurt
county acted In a Judicial capacity , and that
Its acton could . not bo control by time Ils-
Time clmax had ben reached and timings
had como to a show down The Insanity
board held Its session , taking tcslmouy , but
as Scott hal , In the meantme , left the town
the maier was dropped , but not until after
there had ben an agreement that ho would
never return to that county to hold another
term of court. This agreement was kept
upon the part of Scott , and since that day he
has studiously avoided bth of the northern
counties In the district
Soon after this 0 bar meeting of the entire
district was called In this city. I was hcld
In room No.1 , In the court house , and was
attended by , more than 200 attorneys . The
date was upon October 15. 1S92. This Ileet-
Ing was called for the purpose of appointing
a commIttee to investigate the official acts of
Judge Scolt. After being In session during
the greater portion or the afternoon , a com.
mlttee , consisting or Attorneys . W. Morse-
man , G. " ' . Ambrose W. H. Eler , D. D.
Gregory and John Schamp were appointed
This commitee went to Blair , In Washington
county , where several days were spent In
lking testimony , after whIch the members
returned to this city and resumed theIr sit-
tings. Most of the testimony was In when
frIends of Scott went to time members and
begged of them not to make a report. The
draft of a report , however , was made , but
before being signed , It was locked In the
vault of one of the banks where It remains
to this day.
After the Burt county troubles , Judge Scott
, dropped out of sight until he went upon the
crIminal bench , He had ranted cver time law
and the equity docketa but hIs mouthlngs
were allowed to pass unncUccd.
Soon after getting upon the crimInal bencim
where be had to deal with the rIghts of perSons .
sons , the case of the State against
Barney lcGnn , charged wIth murder -
tier , was clet for trial. In the
duo curse of time the jury returned a
verdict of guilty . lcGlnn was taken before i
Scott for sentence , and being anxious to slp
the man off the face of the earth , bo sentenced -
tenced him to bo hanged , failing to allow
him the time to hive as provide by the
statutes. Some days later Scott discovered
his mistake and had McGnn called before
him again , wIlen and where he was time scc-
and time sentenced to die. The attorneys
took advantage of this , and appealed time case
to the supreme court , where It Is at this
time.
time.SCOTT'S
tme.SCOT'S PECULIAR METHODS.
During the early spring of 1893 I large
quantity of ugar 'was stolen from the cars
and wlrehouso cf the Burlington road De-
tectves traced the theft to 'F F. Jlrdlne , a
man who operated a city express cofnpany ,
and George Smih , his employc. Doth men
were arrested and held to the district court.
where they pleaded not guilty . Time case was
called , and they demande separate trials.
Smih was tried before Judge Ke ser , con-
vlcted and sentenced to a term of five years
In time penitentiary , where ho Is now serving
out time term. The case against Jardine , the
principal , was continued until March 8 ,189 ,
when he went before Judge Scott . withdrew
his plea cf not guly , and entered n idea , of
fU I y. This plea was accept , and Jardine
was released on bonds , to appear at the Sept
telb r term of court , Upon the opening of
the Septembr torn Jardlno again appeared
before Judge Scott , and the lulloslng of the
sentence was postponed for ono year.
After Jardilo had been releJSel1 , March 8.
The Bee gave publcity to time Illegal pro'
ceedlngs hld before Scott. The next day
W. I ) , IcrclvaJ" . time reporter who was supposed -
posed . to have gleanell the information , was
lsted 9n a warrant Issued by Scott , charg-
contempt of court. There was no testi-
.1 , Introduced to Ihow that Ierelval wrote
l tide ] complaine of by the court
1' 'm , val W'S tepresenle by attorneys , and
the following proceedings were had :
The Court-Tho judlent of time court Is
that time defendant [ Is guilty of contempt.
an Mr. exception Simeral-We , want your honor t nOte
The Court-I don'l note exceptions , sir ;
the reporter notes exceptiomia . Mr. Percival ,
have you anything to say why sentence should
not be pronounced against you now 1 Stand
UI } imere
Mr. Perclval-I have my attorneys here ; I
want my attorneys -
WOULD NOT I.ISTEN.
Time Court-I won't hear timemn. I want to
hear you.
Mr. l'ercvai-I ! have nothing to say.
The Court-You have nothing to say ?
lr Simeral-WI your hOer hear cauns1
I think 1 can convince your henor that the
man II not In contempt -
'fhe Court-I have already dec ' dell that
Mr. Slme'al-And that ( the law Is with ; the
defendant -
'he Court-I hn'e ( heckled that , too. Mr.
Percival , < II you write thIs artcle of your
own volition 1
Mr. Slmneral-You ned not answer tht
qucsllon.
The Courl-You tel hIm that again , sir ,
and I will have n contempt case agJlll yeu
Mr. Smeul-I ! 11 here appearing for the
rights cf my client - I
The ourt-You have bw Ichln ; to get :
'ntl ' jail yourzelf. '
client Mr. - ral-No. 'ntis centem3n Is my
Time Court-Mr. Baiff , cal the zherl ; I
-
-
this man interferes again , you limit him under }
arrest . You an't run this court worth a
cent. Mr. Defendant , did you write that are
tide ?
Mr. l'erclvnl-t refuse to answer that qites.
ton , your honor
The Ccurt-Take that down , Mr. Heprler.
The Court-Why 10 you reuse to answer
Mr. Simeral , como back here. I want to
war you about ad\'lslng him to do thIs
Jtnlge huffic-lf ) your honor please , I al
here ns attorney for this defendant I -
Time Court-I Illetanll that , Judge ; I miii-
Ierstan , } thnt : I tmnderstand exactly the sitima-
thin Sit down a 101 nt all I wIll expllln
thh to ) 'ou ,
JUdge \nfc-Thl court hs airondy fotmmid [ }
this defendant guilty -
lEN1EI ) ALL itlGliTS.
The Court-I won't bo Interrullh l.
Judge itmifle-I lemand my rhts ! as an at-
tore ) I am hero as the atorney of time
tiefemitiant
The Court-And I mutt here to pass upon
this case amI 9 ltenco the Icendant.
Judge Immfile-I think tIme court has no
rlht to ask time deremlant for evldenco In
!
the case now.
Time Court-I Ilave a right. I have a right
to ask him ammy question In regard : to time
crlmo for which ho has been convicted For
.
attorneys to stam } up hero allI tell a I rty
that has been convIcted of n crlno-tel him
that he need 10t answer a qtmestlon-do that
agaimt-I me.1 just what I sl-lr. Sherl ,
If thc ) ' de It again , yctm Ilut them undlr or-
rest.Tim' .
The Court-I now ask you agtln , what Is
time reason you Iefuso to answer that qoes-
ton ?
Mr. Percival-I reuse to answer that ques-
lion.
lion.The' Court-You reCuse to answer that qitos-
ton ? Take that down , Mr. Reporter . You
slant mute titan , do you ?
Mr ' l'ercivat-Yes , sir
The Court-I shall reqllro you to cuter
Into a bent for $500 for your npimaroimce next
Saturday morning , at which time I shal Ilro'
nounco sentence npon ) 'ou. The dcfemidant Is
In your custody , Mr. Shelll.
judge ) ) ulcYour honor will Illtase note
an excepton to tIme order.
SUPH : m COUnT TO TiE I1ESCUfl.
Time next Saturday the case was again
called , Percival a\plrlng for scntence , html
Instca , of Scott Inll031nl the judjmen : cf
time court , I\ ordered a new trial t'pJI h1 !
own testmony ant that of a reporter on the
Worid-iicrmilti , Scott aJudget Percival guilty
of contemllt , fuming him the sum of $50 and
costs , the order being that he stand com-
mlttell unt fine and costs were pai'.l. Not
being disposed to port with this slm oC
money , Percval wcnt to jail . where ho me-
malnell for time space oC six imommrs and until
the supreme court coull order him releasel.
ThIs drag net set for the reporter was Intended -
tended to catch other Ish , anti , It did . 100.
having disposed of Perch'ol , Scott Grdortd
n warrant for the arrest of Edward , Hose-
water , editor of The Bee , and ha,1 , that gente-
man called into court , chnrrlnr him wlll be-
Ing responsible for the Iullcalon , or time
Jardine artcle , Mr. Rosewater tried to s1 1
that ho Imew nothing about time publication
of the article until he read It In time Ilapcr ,
but that lade no difference to Seotl. Time
court would listen to nothing , and before time
argumnents were cOlllletel , he passed a com-
miment over to his stenographer , finding lr ,
Hosewater gimilty , fning him $500 , and Icn-
tenclng him to thirty days In the commmmty
jail. Without alowing hIm to appeal , Mr.
Hosewlter was ordered hustled away to JaB ,
where ho was allowed to remain until attorneys -
torneys could reach a judge of the supreme
court , who , upon time showlug entered an
order for a release.
HE I.IEIATES A FORGER.
Charles Woolridge . alas Gerge Woolridge ,
came to Omaha sometmo during time fall of
18:3 ali he soon found employment as a
clerk and stable with & .
man Ieary Icafy.
For a time he continued to work and conduct
tme contnued
himself 'as an honorblo man , but after being
hero a few weeks ho developed Into an ex-
pert forger , leaving many of the business
frms with reminders cf his handy pen.
.The first intimation that Woolridg was not
hones canto timrough Hayden Bmoc. Just before -
fore Cimristnias he appeared at tue store and
purcimased a small quantity of goods , present-
lag a check purportimig to be signed by Ilealy
& hleafy. Time check was cashed and sent
over to the store of hIeafy & Ileafy , where
Mcrgan Ifeafy pronounced it a forgery. This
same day Woolrldge ree'3mmted a $10 cheek at
the Diamond pool roommis , whmere it was cashed ,
Several otimer clmecka were scattered around
town by't1me man , all purporting to be signed
by I-ieafy & Ileafy and all of tiiemmi were pronounced -
nounced as forgeries. Two or three days later
ho was located amid arrested , just as lie was
in time act of leaving time city , Friends of tii
man jumped into time breach and made good
most of this forged paper , but notwithstanding
this theman svas tried in the police court and
) ield to the district court.
On February 7 , 1891 , Woolrldge was or-
raigned before Judge Scott , where imo entered
a Itlea of not guilty anti was remnanded to jail
to await trial , There ito remaismed until Feb.
rtiary 20 , when lie was agaimm called before
Judge Scott , witimdrawlng hula plea 01' not
guilty and entering a plea of gimilty to time
charge of forgery. As soon as this plea lmad
been entereti Scott suspended sentence untIl
September 17 , 1894 , the record , which is Itt
Scott's handwriting , readimig , "I'risoner me-
nianded to jail , "
Ilermi , Imowover , is wimere there is a variance
between time court records anti time facts in time
case , Timeme was a imthttImtms imiamle out for tIme
imprisonment of Wooiridge , indicating tbmat
ito was in jail , while in fact ito was not thiere ,
but Instead was enjuyimmg imis freedom , On time
back of timis nmitttmmius timere is an ortler front
Scott reading that the mnamm was discharged
fmoni custody.
As soon as Woolridge chmanged his pies from
not guilty to guilty hme bIt time court room , es-
corted by a relative , anti 5111cc that timimo hue
hmas never appoareol to receive time sentence
whicim tvmms to have been imimoimed by Scott oum
September 17 , 1894. Time records in time oilhce
of tue clerIc of time district court. slmow that
Scott released the titan witimout any bond and
wlthmommt oven reqtmiring him to enter into a
recognizance to appear.
DEFIRI ) TilE SUPI1EME COURT ,
On February 2 , 1891 , Edward hiargermimeimicr !
forged a prommmissory note for $250 , signing time
name of Robert Price as mualcer and payable
to Frederick hindimorst. On tIme back of thmI
note liargersimeiltier wrote time names of Joimn
Riley and Frederbcic Linuhimorat , enilorsers ,
having coimipieted time forgery liargorahmeimer
sold time note to an innocent vurchaser. Wimen
tIme note matured Price , itiley arid Lintiiiorst
were notified and asked to settle. Timey pro-
nommnced time document a forgery and a few
mlays later Ilargersimeimner was accused of the
crimime , On April 9 , 1891 , hme was arrested orm
a warrant frommm time pollee court and time trial
set for April 20. Ott timat day , instead of tmmid-
lag trial , lie waived exammmlnetlon and was
haul to time district court in bonds of $1,000 ,
conditioned timat lie would appear amid dofentl.
'Time trIal was Imami in the thistrict court during
time May termn , 1891 , and hiargershmelmer con.
'icted and sentenced to a termmi of four years
In time penitentiary , A motion for a new trial
was tiled , argued and overruled , Soon after
thus the attortmeys for the prisoner appeaied
to time supreme court , wimeretime matter rested
utmtil April i , 1894 , s'imon Chief Justice Norval
imasmtlemi ( loWim mitt opirmiosm , sustaining time judg.
miment of time lower court , With time opinion
tImer' was a mandate to time zimeriih of 1)uglaa
county , inatrtictimig hmimmi to lmmmmmmetliatehy take
Jlargersimeintor into custody anti carry into
executiomi time sontencS of time district court ,
Foiiowlng tIme instructIons of time mmiammdate
from time suimremne court. Sheriff Ircxel arrested
hiargrshieimmer ; amid locked imlmn 1mm , time county
jail , Spomi after time arrest an attorney went
upon the streets and secured a nummmber of
afilmiavits fronm Imeolile ct time town tending to
show that at time time of time forgery liarger-
mheimer was immsane , 'Fimis attorney igmiored
time hlosrtl of i.tnity , laying time tvtmoia mnatter
before Jmmdge Scott , wim9 on June 18 ptesei
upon time case , setting aside the judgmemmt o'
time supremne court i.nl finding hiargeraimeimmier
immmane. Nit only diii he' do ( It's , but lie imlaceil
the man under bonds o $500 to appear and
answer at time Septemnber termm.
\'imen time September termmm opened liarger-
aheinier was not on band , nor has lie since
itsen seen In tImid beaUty , as he delmarted a.
bon as Scott ordered tmi release.
\'INDICTI\'II SENTENCES.
Soimme time during the fall of 1891 John Mc-
- '
Avoy wa detected in time act of stealing
cimlckena train a lien roost on North Nino-
teentli street. The titan was arrested , anti on
October 24 iii' w as PlaCeti on trial before ,
Scott.'hIle time lirosectmtthg attormicy waa
making his closing etatenment to limo jury
Scott left time binclm anti retireti to his private
room , retmiaimtlng ( hi-re tmntil imi' charged time
jmmry. It Is ailegetl that while Scott was ab.
semit front the court rooni that liii' attorney
for the state mudo lnuiircper statements to time
jimry regardiimg the evidenci' whmicim hmt1 beemi
imitmvtltmcctl.
Time jury foumuti MeAvoy gimiity mmml tue
cetmet semitomiccit iuimmi to it term of ommo year
Iii time leim itemmtlary , midtw it lmstamitiimig time fact
tlmat timore ere mililtlmivlts mutmbmmiil.tc-ti by J ,
iFiocil , iomimtick Coagrove'illlomn Mc-
Avoy , Ii. Mc.voy , 3 , C. Kemmiltvorth and J ,
U. Simecami , rccitliig time fact tlmat Scott was
absent fmomit time court roommi mlmmrlmmg a liar.
lion of time trial ,
liaforo MoM-ny was semitcmmccul there wits
a mtiotiotm for a lieutrial. . limo groimmiti bolmmg
that timore u ere Irreguilarittos cittmseti hmy
Scott nitsemitimig imimnaclr. I Ic rejected nih of
time objectIomma 011th ovtmrrimleil time nmotion by
Immaistimig Unit titero was mw truth 1mm thmo
aulldavits.
Last Octoimer C'imarimm Comiimhmig burglarized
a rcuitlenco 1mm timis city , was arrested , tried
In time crimmiimmmmi court amid comivictoti , Semite
days later ito was nrruigmietl for semmtemmco
auth emi tim way back to time coumity jail imo
mmmmitie a break for liberty , immmt was mmnsmmccess.
fuil. Jtmiigo Scott itearmh of time man's attempt
to esemmpo.
Time jailer amid the miepmitles frommi tlto shier.
lfT'o nihice , as well as siictntors , tieciaro that
Scott semitemuced Comimilmmg to a tnrmmi of seven
years iii time pemiltemmtlnry , thmoimglt time records
shmoit' timmit mm tesm.year semit'Imco was imiiposed ,
Timuce sammie itartios state titmit Scott cimmimiged
tIny lcmmgtit of time temnm nfior iii' hail imeard of
Conumimmg'mm nttemmipt. to escape front limo ofilcer.
MALIGNANT l'i'ItSECUTiON.
Immrimmg tue stmnmnmer of 1893 time conduct of
Semite of Shmoriff lieitiiett'a ( lepmmties amid jailers
becaimme. a liimblic scammdal , Jail deliveries had
bi'coimi fremimmemmt , It. t'aa currently reported
aimmi cimargeti timat Prisoners were allowed to
rcamn abotmt the city at will ; sommie of themu
ivere taken to gammiblimig Imoimses and disreputable -
utablo resorts by tielimity sheriffs while they
u'ero servimmg omit a somiteimce : timnt blank
\'recker Mesimer , vimo t'as timemm a tirisoner in
time lotmgias coimmity jail , emmtertnined femnal.
friemtils Iii amid out or tue jail , wlmicim , 1mm fact. ,
hail becomtie a veritnimie brotimel , These re-
norta were mmmdc ptmiiiic timrotigh time tires.
.aiid were ilmially formimlateti lotte camniaign
charges against flemmmmmmtt , vlm was a can-
ditiato for re-election ,
Some weeks after tlmo electIomi ex-Simerift
hlonmiett mmmiii tlmo mnntromt of time jail immstituted
crimmiimmal libel vmoceetlimmga mmgaimist Edward
itommowater , editor of 'Fimo lice. Timi' vrellm-
ismary lmeariiig was immttl in time POliCe court
mmmitl coimtinhmcmt for mieariy a mnonth. The teatt-
mmiormy croateil a semmsatiomi , imot. ommly in the
city , but lit time wimi'io state , Tue revelations
were simtiply revolting , nmmml time testimnony
brougimt to light the horrible comitbition of affairs -
fairs in time Iotmglmts coimmity jail. Notwith-
stamiding time fact that the testintony was time
annie in both cases , time jmmiigmt discimargoti Mr
itoseivater On tIme commmlilaint flied iiy Bennett
and held hint to time district court on the
alto tiled by time mnatromm , thought nil of tuG
cimarges vimich imaul boost made wore simb-
stamitiateti by a miummiber of wItnesses. The
transcript was tiled In tim district -
trict court nmmd time case entered
upon Jtmdgo Scott's docket , where
ii. remnalnI for iiiomitIms , Imo imisisting that It
would be disposed of wimemi time iiroimcr time
arrived.
Prior to time convening of time September
tcrnm of court imi 1894 timero voma a motIon
niadp to have time case trammsferrod to the
tiockut of oimmi of limo otimer judges , owing
to time hostility wimicim Scott. imail at different
t.imnca expressed toward Mr. Itosewater , Thu
itrolrnsiuomm , vaum fuel by Scott witim the stats-
mont that lie had immado arrangements with
a judge from one of time Outside districts to
canto to Oniahma tmnti sit upon time criminal
lonClm to hear timts wirticular case. Mr.
flosewater nmado no objectiomis to this , amid
thiero time ntatter rotcd until 'early in October -
tober last , wimemi Scott aimmmounced that lie
had set time case for trial , and ordered the
county 'attormmoy to be ready whim his wit-
mmossos.
Attorneys for Mr. floaewater protested , but
timelr irotcats vent for smauglmt , Scott do-
daring timat Ito would try time case , nail tlmat
it would be called on the mornbng of October
17. 0mm Liii' ( lay of timi amimiouncemcnt the
attorneys filed afhitiavits of several parties ,
[ ito purpose being to aimow that Scott could
hot sit to Imear and determmiirme tIme issues ca
accommnt of time prejudice wimicim he bore Mr.
itosewater.
These affitlavits alleged timat. upon different
Cccasons ! the parties mnaktng tiieimi lmatl imeard
Scott express the most vindictive hostility
toward Mr. ltoaewater , even making threats
on his life. Wltim these affidavits there was
tiled a motion for a transfer of time case to
time docket of omie of timi' other judges. With-
omit time knowledge at Mr. Itosewater or liii
attorneys , and witimout a hearing , the motion
was overruled.
Time wlioim ntattor was then laid before time
otlmer niemmibers of the district hmencii , and live
judges aittimmg , time case was tramiaferred from
time docket of Scott to time one presided over
by Judge Ammibmose. Aim soon as Scott learned
of time actiomi of imis aasnciatemi Ito entered an
order setting thmelr judgnment aside , declaring
it illegal mtsmd void.
1mm tIme rrmoantlmne an nppllcatlomm for a trans.
far of time case Imad been liresomited to time au-
lCCfliO court. amid time order for the came imad
been entered of reorti , Time next nmorning
vlmen Scott omitereti tIme comirt. room ito was
oihicially imotiiieii of time action of thmo supreme
court , immith , llmmding lmimmtself defeated , ime or-
domed limo county attormmey to diantlss time case ,
George A. flommmiett having mitmited in open
court timat It time hearing could not be before
t3cott lie desired it thlsmnissed ,
JUIICIAL ES1'IONAGi OVER \VOMEN.
Last Novomitber , Attorney Patrick 0 , hiawe ,
alpoareml before Scott for time iturpose of
dorondusig Williammi Miibmrmt ; , charged with
forgery , lirmwes ilieti a motion for a con.
timmuance , aiioging timat hme imati boon Informed
that time case imami been sot for o hater day.
Scott imiforniod time attorney tlmat Ito could
miot wait , ivhmeremipon hiawemu left time room ,
110 was called back , when lii' iuifummimed Scott
tlmat It was impossible to liritetice before
hint wttimotmt castimmg aimitie cmii mmtiimmimood and
dignity , 'flmlim arouseti Iicttt'mi ire , anmi lie
( Icciared Ilawea guilty of comitemnlit , amid liii-
Posed a jail sentence of ten days in the
county jail. Sittimmg down at a table , hiawos
wrote a imoto to his vite , tcilimmg her that
Ito imati boon sent to jail , Time note was
imamithetl to aim citiormey : , after wimicim Scott
told ImIs imalliff to secure time vapor and pass
it up to lila desho. Timis time hialliff diii ,
taking tIme letter asm'ay from time lawyer and
imanilIng ii , over to Iil mmiaster , who toolo It
nail renmi it from bi'glnmmiimg to anti ,
Tim sammie day It sic hmmmppenemj that Mrs.
fimmima usher was at time court hmomie for
time iturimso of giving teittimuony relative to
comae estate imiatler , While waiting for the
case to be calietl site was sitting in Scott's
commrt roommi. lIavimmg wmitcimmmti time proceed-
lags in time hewett case , when the letter
written by hlimwes to his wire was road by
Scott she leaned over to item Imumumbanil who
was sittIng beelmie item cmiii wimimmpered , "That
looks to me smioro like jiumt'er than justice , "
Scott's bailiff vemmt over to where time ivo-
man was sitting and asked Item wimat site had
said to imer hmuband , Site repeated the words
and then time information was commveyed to
Scott , lie at. once cullemi time tm'ammmaui before
imimu anti asked imer if aime bad mmimido the
remark , Situ irmformiied imimim that sims bam2
Wimisitered timoso words to imer lmushmmnd. At
timis time bailiff aphmroaciic-mh time bemmch anti
Informed Scott how lie imatb secured tIme in.
formation against Mrs. Fislmer , Scott timanke4
the bailiff amid toimi imimmm that ito had acted
properly in time mmmatter , commimnemmdlmmg imimn for
his watcimfulneus ,
After asking Mrs. Flaimer if she had asmy
money , and upon being Inforomioml that she
was mm. poor woman , ito itmieti liar $10 and
cosia for contempt of court , time entire um
aggregating $21.80 , Scott itt once made an
entry iii imis docket , vomnnmtttimg ; the woman
until time fine and costs imad been paid , lie
ordered a mnittimus end idaced the tomami
in time custody of time aimerift , where she me.
mained until Item son reached time court houoo
and Paid the tine ,
Want 01 SPOCC cOmiihiCla Us to refrain from
citimig imiammy otimer Instances a ! Scott's out'
burst of passion amid frcmmzy , immammlthmg ; to at-
ternoys , witnesses , comirt cmiiicera , amid his
colleagues on th. bench.
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