The news & observer., 1897-03-05
'uE nEws AND oBsERv ER, MARCH 5, u

person had ever demanded Of him the
keys 10 the office and no one has since
nor had any one ever demanded any Of
the property therein.
STILL ENROLLING CLERK.
On cross-examination, Mr.. Swinson
said he had heard that an act had been
passed abolshing the Office and that he
had discharged A. G. Lehman, as assis-
tant., for receipting for the bill with
out authority and enrolling it. Swinson
denied that he got a note from any one
asking him to turn over the keys. Rey-
nolds told him, after breaking open the
office that he had better surrender He
made no answer except what was con-
tanned in the above letter. At that time
the defendants had not gone into the
plaintiffs private desk. He said he still
considered that he was Enrolling Clerk.
The improvements that were made in the
office, he thought, were paid for by the
State. He had never refused to turn over
the keys and property to the defendants,
because they had never demanded them.
The defendant said he didn't have much
to do at this time, and would have en-
rolled every bill that was duly passed
and receipted for.
Smathers produced the Hancock bill
and asked the witness to read it and say
whether or not it was the one that he had
discharged Lehman for receipting for and
enrolling. Douglass objected unless the
bin were introduced as evidence. The
court decided with Smathers and he read
the bill.
Mr.. Swinson said he couldn't say wheth-
er the bill was Il true bill or not unless
he could compare it with the original,
He had never authorized any assistant
in the office to receipt for a bin. He
also acknowledged that he had gone to
the Secretary of State and told him not
to receipt for any enrolled bill unless it
were properly receipted for and enrolled
in the usual manner The witness de
MED that he left on the evening of the
trespass to prevent turning the keys over
to his successors.
THE LOCKSMITH'S STORY.
The next witness was John r. Creel,
the blacksmith. who broke into the en-
rolling clerks office. He said he broke
in by authority of the Lieutenant-Goy-
ernor ond there was quite q crowd of
people pensent, among them Lieutenant
Governor Reynolds and the jew, Lehman.
Mewbeorne, he said, was also there.
Others were present whose names he did
not know He also saw Swinson come
in. The witness at that time was trying
to open the drawer to the desk. At first
there was some hesitation about what
should be done. but Lehman told Rey-
nolds TO have the one on. the desk opened,
that being the most important The wit
ness instructions from Reynolds were
to turn the new keys over to MewbOrne.
On cross-examination Creel said he Lad
no instruction from the Keeper OF the
Capitol until after the door was broken
open, then the Keeper of the Capitol hal
told him to put on new lock. but Rey-
nolGs had instructed him what to do with
the keys. He had been at work in the
capitol building and he was told be was
wanted to open door. When he got to
the office he was told to wait until Rey-
nolds should arrive When Reynolds
came he gave orders to break open the
door. Creel said he did it,
Capt c. NJ Roberts, Keeper of the
Capitol, next testified He said he sent
the locksmith up to open the door OF the
enrolling clerks office. in compliance
with Gov. Reynolds request. Further
then this had nothing to do with thi.
matter.
ARGUMENT OF COUNSEL
AT this point both sides rested their
ease.
Smathers asked that the act abolishing
Swinson's Office be- taken into considera-
ton in determining tire case To this
Douglass objected on the ground that
where the defendants were attempting
to take advantage of a special act, il
ought to be introduced as evidence
Smathers said it was the courts duty to
take cognizance of all public laws without
their being introduced MS evidence
To this Mr.. Douglass replied tha,
the very existence of this law was one
of the fights in this case
The court decided with Smathers and
tins gave Purnell the opening and Smath-
ers the close, with Douglass sandwiched
in between.
AT this point Mr.. Douglass said there
was no evidence against Speaker Hile-
man and he asked that IA mol pros bc
entered and Hileman discharged Hile-
man was accordingly released.
In his argument Mr.. Purnell read the
law apportioning out the offices in the
capitol to the different officers and
said that this particular officers and
to the enrolling clerk simply by suffer
ance He said Swinson had never served
notice ON Reynolds not to go into the Of
fee and therefore forcible trespass could
not be charged. The law on this point,
he said, was plain-that you can't con
vict, unless the owner is present and for
bidding. Mr.. Purnell asked that the case
be dismissed as frivolous and malicious
and the costs be charged upon the de
fendant Swinson, as prosecutor.
This is the most outrageous proceed
ing ever heard of. An insignificant man
from the swamps of Eastern North Car
olina coming here and having the Lieuten-
ant Governor ond Speaker OF the House
arrested, it is only done for the purpose
Of clogging the wheels OF legislation. This
action should be dismissed -