The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-04-07
ANOTHER SUIT FOR PERJURY.
Mrs. Arlington Swears Out Another
Warrant Against Jugde Whitaker.

Mrs. Arlington Swears Out Another
Warrant Against Jugde Whitaker.
Al day yesterday, or until o'clock
yesterday afternoon the Mayors Office
was filled with people drawn there,
some as attorneys, some as witnesses
and others as 1oolzers-on in perjury
suit instituted by Mrs. +. d. B. AIRING
ton against Judge Spier Whitaker
This was the second case of this nature,
one having already been tried before
Justive Maroon, who dismissed the
case.
A few days ago Mrs. Arlington svore
out another warrant before Justice j..
C. Maroon, which was made returnable
before Justice Harry Roberts At the
instance of Mrs. Arlington the case
was moved from Justice Robarts' court
and 1t was tried before Mayor Russ The
evidence was largely the same as that
given both in the libel suit against Mrs.
Arlington, at January term Of the SUI
perior court and in the perjury suit
before Justice Maroon except that Mr..
Perry, who was clerk of the court Of
Vance county testified that at one time
he did pay to some gentlemen in Judge
Whitaker's presence certain moneys
due certain parties from the Arlington
Judgment.
Mr.. a. G. Zollicoffer was also on the
stand and testified that he had been re-
quesfed to appear in the case by Judge
Whitaker in the interest &C certain
claims. to wit; claim in favor of the
Avent estate and claim due from A. H.
Arlington, executor, which claim had
been assigned to an agent for whom
Judge Whitaker was trustee.
DR.. Crawford testified that Judge
Whitaker had told him that he had
given up the contract
Mrs. Arlington was examined and
her testimony was about the same as
in Marcom's court.
Messrs. Alexander Stronach, w M.
Utley, w. b. Cults and r. r.. Purnell
were examined as to what judge Whita-
ker said with reference to having en-
ployed Zollicoffer; none had charged
his memory with the evidence. Mr..
Purnell was under the impression that
Jurge Whitaker had said that he did
not employ Mr.. Zollicoffer. Mr..
Stronach remembered that Judge
Whitaker had denied having told DIR.
Crawford that he had torn up the con-
tract between himself and Mrs. Ar
rington Mr. b. G. Beckwith was ex-
amined and while he had not taxed his
memory in the libel suit was under the
impression that he had said that the
mo IN ~ nF~
Henderson was a crazy imagination Of
Mrs. Arlington, or words to that effect
Judge Whitaker went on the stand
and testified that he had said on the
occasion OF the libel suit that he had
never employed Mr.. Zollicoffer to rep
resent him in the Avent matter. and
that he was perfectly confident at the
time that he was stating a fact and he
was perfectly honest in making the
statement, but since he had seen a let
ter written by himself to Mr.. Zollicof-
fer ne found that he was in error and
that he had included the Avent matter
with the Askew matter, but that it did
in no way effect Mrs. Arrington's inter
est, as the Avent Judgment was to be
paid from a fund in which she had
not the slightest interest. He would
admit although Mrs. Arlington had not
been able TO prove it that he had said
that Perry had not so far as he re-
membered paid either to him or any
one in his presence any money I'm any
back room in Henderson. Mr. Perry
had said that he did pay some money
70 some other men and that he Judge
Whitaker was present.
Mrs. Arlington was recalled and
re-related her side Of the entire mat
ter testifying that Judge Whitaker had
~ her presence torn up what she
thought was the original contract, and
that subsequently, he had induced her
TO submit TO its being recorded in order
To save her from certain Hackney
claim that was about to be executed.
At the close Of the argument Mayor
Russ announced that he would reserve
his decision until II o'clock tomorrow
morning, and during the interim take
under consideration the evidence which
had been presented.
But to this Judge Whitaker objected
that during all this time his character
would suffer and that many people
would read in bhe newspapers the re-
port OF the trial who would never read
the decision and that he preferred an
immediate decision.
The court informed him that this was
impossible.
Then" said Judge Whitaker, II
wish now to give notice that in case
your decision is in my favor, and have
no doubt il will be, Of motion to the
effect that the prosecution is malicious
and frivolous and that the cost be tax
ed against the plaintiff"