261
WRITINGS OF SAM HOUSTON, 1859
The suit is instituted in Judge Watrous's court on the 14th of May, 1849. It appears that the case remained there from the 14th of May, 1849, to the 7th June, 1850. It is then trans- ferred to New Orleans; and it is especially to be remembered that the application for the transfer in this case, as well as the transfer in the Phalen case, was made by the plaintiff himself- Mr. James N. Reynolds. I will here give an extract from the order of transfer :
"James N. Reynolds, of Louisiana
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No.
vs.
1982. 7
Henry M. Lewis and Thomas Newcomb, of Texas. Petition in this cause filed in district court of the United States, district of Texas, on the 12th day of May, A. D. 1849. Copy of Orde1· of Transfer. And afterwards, on Monday, the 7th day of June, A. D. 1850, the following order was made, to wit: James N. Reynolds vs. Henry M. Lewis } This day came the parties by their attorneys, and upon motion of the said plaintiff, and because the judge of this court is so connected in interest and otherwise with one of the parties in this suit as to render it improper, in his opinion, to sit upon the trial of the cause, it is now hereby ordered by the court that this fact be entered upon the record of this court, and that a certified copy of such entry, with all the proceedings in this suit, be forthwith ·certified to the circuit court of the United States for the eastern district of Louisi- ana, that being the most convenient court of the United States in the next adjacent State." Well might 'Reynolds move for a transfer to New Orleans. Did he not think (.as his correspondence. has already disclosed) that he had the clerk of the court to work there in his behalf? Did he not think that he had an approach to the ear of the court there? Did he not have there the influence, the official presence of Judge Watrous, a brother of the bench? In fine, did he not have the case transferred from the juries of Texas, but to have
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