The news & observer., 1897-03-05

right to trespass on his neighbor than
has anybody else. The courts were open.
There was right way to oust Swinson.
Is it possible that the Lieutenant Gov
ernor had to get a lock smith to get into
a mans office. Then to make this entry
Reynolds goes with a multitude Of men
and strong hand. Even il he had en-
tered legally he Is not allowed to go with
a strong hand and multitude of people.
Not satisfied with breaking into the of
fee Reynolds threatened the defendant;
told him he'd better keep quiet. ''I'll have
you impeached." This in itself ought
to be enough to cause Reynolds to be
indicted. His language was calculated
to produce a breach of the peace-blood-
shed, if you please-and that is what the
law intends to keep down. The health
At thing for Swins0n on that occasion
was to be present in law, but absent in
person But he came in before the tres
pass was completed, and the law says
that is sufficient.
COMMON DECENCY OUTRAGED.
The law had just been passed taking
away from Swinson his office, common
decency would have made men who are
not law breakers and door busters" at
least let the man rest one night in peace
before entering upon him and depriving
him Of his Office
His assistant Lehman, was roundly de-
nounced for betraying his employer and
proving false to the man who was giving
him his bread. TO release this man Rey-
nolds, Mr. Douglass said. was to say
to all men, 'If you want to get into
mans office go get locksm:th and break
in, they can't do anything with you. If
you don't want to do it, go get the
Lieutenant Governor he's a 'door-bus-
ter He'll do it,"
1t was further argued that Reynolds
made secret entry-at time when the
man had closed up his office and gone
home. A recent decision Of the Supreme
court, confirming this position was read.
From this decision it was further shown
that the title to the Office did not affect
the trespass.
The same decision declared that if a
man should leave the premises for tenn
porary purpose he cannot be said in law
to be absent so as to make the trespas-
ser's entrance lawful. Then under this
decision, Mr. Douglass said, Swinson
was in law present when the trespass was
committed In addition to this Swinson
came in while the trespass was being
committed Swinson could not sleep in
his office. He could not be expected TO
| be in the office, except during working
/ hours.
! The court. Mr. Douglass said, only
| had to find in this case that an offense
| has been committed and who committed
! it, Reynolds does not deny going IN.
| There is only one authority in North Car
! DINA that has a right to break a door
/ open. That is sheriff, and then only
I in certain cases There is no question
of right to the Office in this case
! Swinson was in authority of the books
, and papers and bills, Mr.. Douglass ar
, gued, as we'll as in possession Of the room
in which they were kept; and the taking
/ of even a book without due process of
| law, was n trespass. as much 50 as the
breaking of the lock. At the time the Of
| fee was broken open Mr.. Douglass said
there had been no election Of a successor
| to Swinson or any assistants, aud Swim
son was still enrolling clerk.
A HIGH-HANDED INVASION.
! This is the most high handed invasion
/ or rights I've ever heard Of Here in the
capital OF the State, in the very
capitol building, where laws are made
and were being made, the law is broken,
and broken by the Lieutenant Governor.
| And why? To turn out man whom the
| bosses could not boss-a man VINO would
not be twisted around some peoples fin
| gers"
Smathers-'Y You'd better confne your
self to the evidence"
| Douglass-'Pm doing it, sir, and I'm
responsible for anything ] say here 1t
was done because Swinson wouldn't APP
| point some people to Office and YOU know
/ it,"
| Mr.. Douglass spoke in complimentary
! terms of the Lieutenant Governor and
said that he believed him to be honest
enough to want to see justice done in this
case.
In his argument Mr. Smathers said:
l. There was no Office of enrolling
clerk
2. The office used by Swinson was IN
der control of the Keeper of the Capitol
and he had power to go into the office
whenever he wanted to do SO.
3. Only two of the crowd that went rp
to the office to open it were under in
dictment, If there was any evidence in
the case all Of them would have been
arrested.
4. To break open the Office was the
only way to have gotten possession of it.
8. It's an attempt of this man Swinson
to blackmail these two defendants.
This completed the hearing of the case
and the magistrates announced that they
would take the matter under advisement
and render their decision this morning.
DEATH OF S. r. BECKWITH
The Washington Fair Pronounced
Great Success.