The New York herald., 1871-02-02
HOLDEN's IMPEACHMENT.
Opening Day of the Cover
nOr's Trial.
Large Crowd OF Spectators in the senate-skstch
Of the Court Of Impeachment-A Flaw Disco
vered in the Eighth Ardcle-sharp Legal
Debate Time Asked by the Defence Until
II acknowledgements to Wednesday.
RALEIGH. N. O., Jan. 30, 1871.

RALEIGH. N. c., Jan. 80, 1871.
The impeachment trial OF Governor Holden
formally commenced to-day, though but little, CT 1t
might be said absolutely nothing was done. The
greatest interest existed among the community in
the case, and large numbers had arrived BY the
morning trains TO witness the opening Of this re-
marKable trial
At twelve NJ. precisely according to order, the
Court OF impeachment met The lobbies and gal
leries were thronged by q large and highly inter-
ested crowd or spectators. number OF white ladies'
and gentlemen graced the gallery immediately con.
fronting the chair, while the fanking galleries were
thronged with whites and negroes On the right or
radical side OF the house the latter race also pre-
dominated, ana In their lowering countenances
could be easily discerned marked disapproval OF
the impending proceedings. Mr.. Chief Justice Pear
son took his seat in the Presidents chair with
clean shaved face, a keen eye and q sel-confdent
Cir. On the lert of the char seated the coun-
Bel for the prosecution with the managers immeai.
atey III their rear, while 10 the right or the chair
were seated the Governors counsel, only three in
number two being absent
FLAW IN THE EIGHTH ARTICLE.
The proceedings opened by the discovery of naw
IN the eight article OF impeachment and on the part
OF the House or Representatives. Mr.. Sparrow,
Chairman Of the managers, offered the following
II Is ordered Dy the House OF Representatives that
the Board OF Managers OF the impeachment OF Gov
ernor w. w. Holden, o the state OF North Carolina,
ask leave Of the Senate, string as a Court OF Im-
peachment to allow the House Of Representatives
to amend the article eighth, OF impeachment, hereto
fore exhibited by them against the said William w.
Holden, Governor as aforesaid, and now pending
before the Senate sitting said Court by striking
out the name Of ''isichard I. Berry" wherever it
occurs In said article, and inserting instead thereof
the name "John Q. Neatnery.n and that the said
managers be, and are hereby authorized to make
sacn amendment Ii the senats Suing as sgch Court
Speaker OF the House Of Representatives.
THE DEBATE.
The counsel for the deIence objected to this but
agreed IL would be legal and valid for the managers
TO withdraw their entire set OF articles and subst-
tute others in their place. The prosecution con.
tended, through Governor Graham, quoting several
high authorities TO sustain him, that the Court of
Impeachment mad ample power TO make tho amend
ment proposed. 1t was not bound by any practice
in common law, but 1t was fully competent to make
the change Against this the defence raised the on-
lection that the Senate Court OF impeachment had
no power to amend or make an article OF impeach-
ment; that was altogether the province OF the
House, as II was OF Il grand jury TO make indlct-
ments. The prosecution then, through Governor
Bragg, came back again with the simple statement
that the House OF Representatives had virtually
adopted another article Of impeachment, as shown
by the res0ut on or request presented. Tie differ
ence In the new aud the Old article would
aud if the House had q right TO
make another article II was competent for the Court
10 grant their request. The Chief Justice an.
nounced 1t was competent TO make the desired
change, which was allowed by the vote OF the
Senate. Mr.. McCorkle, for the defence, then arose
and said that the change Just made IN tie eighth ar
iIce would
MATERIALLY ALTER TIE ANSWER
OF the Governor the allegations therein We're re-
butted on the article as II stood He contended that
It would now be unjust to force them ints q trial
upon such an answ er, and asked time until Thurs
day 10 file answer 10 the eighth article. Mt.
Sparrow, for the managers was willing TO allow the
defence time until Wednesday, but objected to fur
ther extension OF time. An amendment then
offered liking the time for the respondent 10 ile his
answer on Thursday-upon which the yeas and ma 8
were called, resulting in 10 yeas and ~ nays. This
Is the first taken at tie trial OF Governor Iial-
den, but Is no indication OF future votes The
order asked by the managers making Wednesd ay
The time TO file the response was then adopted after
which The Court Of impeachment adjourned until
that day.