The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-11-06

rendered in securing the appointment OF
n man to office or for lobbying for {
bill.
Judge Whitaker objected on the ground
that the case quoted though good law
did not fit the case before the court, IL
that Hussey's claim was not for intiu
ence in securing appointment to office
but for labor in collecting certain valu
able information.
Justice Nichols decided against the
defendant, and Mr. Carroll was put OF
the stand.
He denied that he had ever engaged
Mr.. Hussey to perform any service what
ever for him.
Sometime last winter, while Mr.. Hus
sey was correspondent for the Raleigh
Tribune, Hussey stated in his Washing
ton letter that certain leading Republi
cans had been to Washington and had
agreed that / should remain in office
This was about March LIST. About six
weeks later l was in Washington and
thanked him for the article and told
him I'd buy him fine hat or suit OF
clothes. This he declined and l told him
hoped the time would come when
could reciprocate the kindness. In
against me. l got Senator Pritchard
Mr.. Holton and Mr.. Henry Dockery and
went to see the Attorney General. II
had been agreed that / should be dis
missed the next day. But on Senator
Pritchard's solicitation, / was granted
time | then wired several friends in
Raleigh and Mr.. Woodland at Wilson.
Woodland came and with Senator Pritch-
IL al. ~
Time was given me to answer. We
came home, fixed up the answer. In
the meantime the new Solicitor General
went into office. After completing my
answer, l went to Wilson, joined Wood
ard and went with him to Washington.
The matter was gone over, and Mr..
Richards said the trouble was all set
tied, the charges dismissed and | would
be retained. After this there was a
social conversation in the office for some
time and it was during this that Mr..
Richards spoke of being related to the
HusSeys in North Carolina, and | told
him of the plaintiff in this suit now on
trial
Il did see Hussey at the boat as we
were going away. / told him the mat
ter was all settled. | did not want his
services in it, for didn't need them"
Judge Whitaker: You promised
Pritchard that if kept in you would ap-
point certain Republican deputies,
didn't you?"
Carroll: II did not"
Didn't you write HusSey a letter ask
ing him to represent your
Il did not"
Didn't you write Hussey letter af-
ter you left Richards office that day,
before you started homer
Il did, but l didn't ask him to repre-
sent me. My troubles had been settled,
and Mr.. Hussey knew it."
Mr.. Jones: Did you write Mr.. Hus-
sey explaining why you didn't pay the
draft?'
Carroll: II did, but 1 denied in it that
owed the money"
Judge Whitaker: what did you write
to Mr.. Hussey about that first draft?'
Carroll: II told him l was not here
when it came; that if / had been l
couldn't have paid it, and if I could l
have done so; that / didn't owe
it."
Did you say you were coming to
soon, and that you would see
Hussey and fix the marrerY'
II did not"
This completed the testimony in the
case. There was no argument by
counsel.
Justice Nichols said that the evidence
placed him in an embarrassing position,
as the two witnesses had sworn to ex-l
actly opposite facts; that is was clearly
4 matter that should be tried by judge
and jury; that therefore fe should give
Judgment in favor of the plaintiff for
go, with the expectation that an appeal
would be taken to a higher court.
The appeal was taken and the defend
ant required to give bond for stay of