The Waco evening news. [volume] (Waco, Tex.) 1891-1894, 1893-04-27
The impeachment Trial
Special Correspondence to The News


Three speeches we're delivered in
the McG iughey i'm parchment pro.
ceedings today, all srguiog the de-
murrers. The frs. speech vas by
Faux, for the respondent. and Was
largely in the nature of "rouse
ment,' what is known in theatrical
parlance as gal ,ery play. 1t was
strong and loud, but was not up to
the standard Of previous eff ,rts
Faulk argued tba. under the Texas
constitution an impeachment pro
caeding was necessarily criminal
prosecute IN, as section 4 of article
Nv made it mandatory to prose cute
crlminallv those impeached, saying
that they shall also b., indicted,
tried and punished, and that the
provision that man should not be
twice put in jeopardy of life or
liberty, nor put on Trial second
time for the same oilanse after
having been once committed, in
stead of disprovipg this view, sus.
true az general proposition of Law
bat the constitution of Texas un.
dertook to make an exception Of Al
official guilty of CRIME for which
he could be lmpeached. and provid-
ing in such case not that he might
but that he should be also indicted
and punished.
Pagan of La mar called him dow n
on the correct readln Of the con
stitution. lie could understand
why the gentleman might endeavor
to mislea Justice of the peace by
such proceeding. but thought it
strange that he would presume that
ne could mislead so high tribunal
in this matter. The constitution
did not provide that the impeached
party should be prosecu ed, bul that
the act of his impeachment, which
was civil prosecution, should not
shield him from a criminal proseca-
ton If he had violated penal
statute. The constitution did not
read, as the gentiema an had repre-
scented. that he should also be IN
dcted, etc, but that he should also
be subject to" indic,m ant, whicn
was what the committee Of uAau&
gers were oontendlng. A correct
rea ling of the constitution would
bring dawn The handsome editics of
the geutIeman's argument with
crash. Pagan was himsslf guilty
of what he charged Faux, max Nc
other than a legal arg lament. liz
vas not unmlndtul of Inc fast that
the court was quasi 'dicial and
quasi political, aud that the otfenae
chargei was itself political in its
nature, SO he departed from the
strict line of legal argument. to
himself make a by play" but he
did it so gracefully aud so beauti-
fully that he is to be- commended
for the departure. Col. Lightfoot
had at the very outset likened this
trial to the arraignment of Christ
before Plate. He had thought at
the time that the reference Wa, IN
fair. The gentleman had gone back
to the dim and misty past, when
the philosophers la mp burned but
dimly in his room, when prejudice
and ignorance and passion aged
the people, and when there was an
absence of the higher culture of
the present day. He thought the re-.
ference areti sction uponthe commit,
tee of managers. Where was the
lowly Naz arene? He was certainly
not present in the person of the
land commissioner. Where was
the bowling mob crying Cruelty
him, cruelty him. 1t was no,
here. Where was sect
of religious fanatics de.
manding this mans blood? 1t
was certainly not present IN the
form of this committee. The com
mittee was imposed of earnest men
striving to do their duty as they
saw it, They had done their duty
and it now rested with that higt
court to say whether or not it would
hear the case. But whether it heard
the case or not, the case would be
heard, even if it had to go to that