The news & observer., 1897-03-05

] warrant did not state chat the defendant
| Swinson was IN possession OF the property
| when the parties broke In.
| The justice read the warrant again,
| showing that this was in it
| Mr. Smathers wanted to know whether
Mr.. Swinson was IN possession Of the
property in the room when the room was
| broken open.
Mr. Douglass replied that he was, and
that it was simply a charge of forcible
trespass.
Mr.. Purnell said this warrant, when
| sifted down, simply meant forcible en-
trance and detainer.
Mr.. Douglass contended that it did not
matter which was charged, forcible tres
pass or forcible detainer. They amounted
to about the same thing.
Mr. Smathers thought that if it could
be shown that Swinson was present and
forbidding, the warrant would have to De
so amended or dismissed, and he made
motion to that effect.
Mr. Douglass said he did not propose
to amend his warrant in any respect.
that he had law for his position, and he
proposed to stand by it.
The court ruled that Mr.. Douglass was
correct in his position, and read the war
rant, showing that the very things Fur
nell and Smathers were contending for
were Incorporated in the warrant
SWINSON ON THE STAND.
The defendant Swinson was the first
| witness. He told when and how he
| went into possession of the room. lie
sent Tazwell Taylor, he said, to get the
| offia F,or hn M ri fhot
| had charge of them, and to clean out the
| office. Taylor got the keys and Swinson
| took actual possession of the room on
| Saturday. January 9, and remained in
possession of the Office until February u.
| After going into the office, he said he en-
| ployed some assistant enrolling clerks,
| and had a lattice petition put in. lie also
| directed Mr.. Robards, Keeper of the Capt.
| toll. to send and get a locksmith and have
some locks put on the drawers. n lock
was also put on bookcase containing all
| the original bills that had been enrolled
and ratified, also some supplies for the of
| flee and some personal property. He was
present while this work was going on.
In the desk he had a book containing
receipts from the Secretary of State and
| records of the House bills.
In the room he said there was one outer
door, with night-latch lock on it, and
| he was in continuous possession of the
| room from January 8 to February II.
He was in the Office on February y un-
| til about $40 o'clock. When he left the
| locked the desk and drawers, all the work
| for the day having been finished. There
was no one in the Office except himself,
laborer, his son and Mrs. Arlington.
| He asked them to leave, went out and
went to his lawyers Office and was there
consulting with him in regard to what he
should 10 about the Office rs there had
| been n resolution passed by the Legisla-
| ture to abolish and remove him as en-
| rolling clerk. His son came into the law
office and said that Hileman and Rey-
noIds had gone TO the Office and asked for
| the keys, and inquired where the defend
ant was. They had then sent for a lock-
smith, his son said, and were going TO
| break in. In consequence of this informa-
| ton. Swinson said he went to his office
and found the door open He asked them
what they meant The l0cksmith that
had put the locks on the drawsr was at
| the desk trying to open the defendant S
private drawer. Swinscon then went to
| the Supreme Court and asked his attor-
| ney's advice On returning, at about
| 80 o'clock. ne found Lieutenant Gov
| erTnor Reynolds sitting in the office. Rey-
nolds said:
REYNOLDS MADE THREATS.
/ Mr.. Swinson, we have broken into your
office. Mr.. Hileman and myself came up
/ to get in the office and found 1T locked
l and you were gone with the keys, and we
4 hunted around town for you and could
4 not find you. As we had to have some
4 papers in your office, acting under the in
/ structions Of the Attorney General, we
sent for the 1ocksmith and broke in.
Swinson referred to his memorandum in
| quoting Reynolds words. This memo
randum, he said. he made directly after
| the occurrence. He said Hileman was not
| present at this time.
The defendant, after again protesting
against the breaking of the locks, handed
| the Leutenant-G Governor "A letter, which
| he (Reynolds) read aloud This letter,
| SwinsOn produced and started to read.
| But as it was printed in paper, and no
| notice of producing the letter had been
| served, the plaintiffs attorneys objected.
| Swfnson explained that it was true copy,
| as he had compared it with a copy of the
original, and made a correction in it.
II respectfully decline to surrender the
office Of Enrolling Clerk of the General
Assembly Of North Carolina to which
have been elected, duly sworn and in
Quoted into, and have a vested right TO.
on the ground that no legislative body
has the right to abolish an office for the
sole purpose Of 0usting an incumbent
In the second place l respectfully de-
cline to surrender or turn over the papers
ard records of said Office, as there is,
and can be no successor during my
continuance in Office and no one who is
legally authorized to give me valid re-
ceipt for such records and papers.
"A. l.. SWINSON,
Enrolling Clerk
This, February u, 1897"
This letter, Mr.. Swinson said, was read
by the Lieutenant Governor to the crowd,
some IL or Is persons, in the office After
reading the letter Reynolds said: Now,
Mr.. Swinson, ! advise you, as a friend,
4l,a+ hal 1aF4 CIR