The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-03-05
TIE ooLLoouY IN COURT.
Between Messes. Busbee, Burton and
Peele Result in Voluntary Statement
From MIR. Busbee.

From MIR. Busbee.
Yesterday when the case of Barnes
Us. Crawford came up for entry OF the
formal motion for new trial and APP
neal MIR. Fab. III. Busbee voluntarily
stated that he had learned that Mr..
Peelc considered his manner the day
Lefore as wanting in respect to INN;
that he was unwilling that the pleasant
relations which had always existed pc
tween Mr.. Peele and himself should De
strained. and that he regretted that Mr.
PeeIe should have considered his man
ner Objectionable, which was certainly
not intended, and that he took pleas
1lre in saving that he regarded Mr..
Peele as in every way entitled to his
highest respect.
Mr.. Peele expressed himself as graft
fed that the statement had been made.
In this connection the following
fuller statement of the colloquy has
been furnishd us:
COLLOQUY OF BURTON AND BUS
BEE.
Mr.. Busbee alluded to Mr.. Crawford
as "a barefoot boy of the mountains.
Mr.. Burton insisted that there was no
evidence that MIR Crawford ever went
bare-footed. MIR. Busbee replied that
it could be very well assumed, without
straining the evidence, that Mr.. Bur
ton. Mr. Crawford and himself had all
gone bare-footed as boys, and stated
that if Mr.. Burton would confine HIM
self as closely to the evidence as that
in his last speech, he would be agree
ably surprised. Mr.. Burton replied
that counsel ought not to intimate that
he was in the habit of misstating or
adding to the evidence in his conclud-
ing argument, and that he did not do
this. To which Mr.. Busbee replied
that he certainly imputed no wilful
misrepresentation in any respect to
Mr.. Burton, but that heslad not always
concurred in Mr. Burton's statment
of the evidence in the concluding argu-
ment, nor, indeed, in that of any other
opposing counsel.
C0LLOQUY OF PEELE AND BUsBEE
Mr.. Peele in his argument had dwelt
with severity upon a statement made
by Mr.. Crawford that he had signed the
demand card ''careIessly," and exhibit
ing the card to the jury declared in
substance that he did not see how it
could be possible that Mr.. Crawford had
signed a paper of this sort carelessly,
without noticing the sub-treasury
clause. Mr.. Busbee read the complaint
and showed that in one of the most
important parts of the alleged libel
lous article, the words "a greater
fraud was never perpetrated" was fol-
lowed by the clause "by whom / do
not know and that this latter clause
was omitted from the complaint. He
said that in a sworn complaint greater
care should be observed than in an UNI
sworn card, and yet these words,
changing the entire meaning of the
passage, were omitted-he supposed
carelessIy. Mr.. Peele, interrupting,
said that the complaint was carefully
drawn, and that the words omitted in
that section of the complaint appeared
elsewhere in the exhibit. Mr.. Busbee
Immediately retorted that careless
omission was the most charitable con-
struction to place upon it, and that if
MIR Peele meant that the words were
not omitted carelessly, and if they
were omitted by design, then he would
say, in the words of the article, that
trafed." Mr.. Peele Immediately arose
and stated that if Mr.. Busbee meant
to charge that he omitted the words
by design. it was false. Mr.. Busbee
apparently started d reply, but check
ing himself, said that it had not oc-
CURED TO him for moment that the
words had been omitted by design, un-
til Mr.. peele had stated that the COM
plant was carefully drawn; that he
believed that Mr.. Peele made that
statement inadvertently, and without
consideration, and he did not believe
him capable Of garbling language to
the prejudice of the defendant, and had
never charged it; that counsel should
be careful in denying that it was
omitted miles he meant it.
THE JUDGES CHARGE.
The charge, Tuesday afternoon. OF
Judge Mciser TO the jury in the ease
was clear. conclusive and logical. IT
IS highly spol,en OF by he members Of
the bar.
BARNES APPEALS.
Yesterday IN the Superior court the
attorneys Tor the plaintiff IN the suit
of Barnes vs. Crawford moved for new
trial. Tie motion was denied, and
the plaintiff appealed ~ the Supreme
court. Notice Of appeal was waived.
and forty-dollar appeal bond filed.
n. e. INSANE ASYLUM.
The Board of Directors Of the North
(sarolina insane AgyIllrn met Yesterday