The Caucasian. (Clinton, N.C.) 188?-1913, 1901-03-28
briefs as a part of his testimony,

briefs as a part of his testimony.
Objection by prosecution.
Mr.. Cook, Of counsel for the de-
fence, said he thought that eompe-
tent. because the witness has just
stated that the contents Of those
briefs Influenced and controlled his
vote on that case, and yet you OBJ
ject to 1t. Why, one Of the points
here is that if the letter Of the law
has been violated then the intent Is
very important. Now these briefs
are competent TO show the intent of
this witness ess-defendant's intent
not only In deciding the case Of
Wood vs. Bellamy, but those fol-
lowing 1t down to this time.
Mr.. Watson insisted on the objec-
tion, and stated the reasons for 1t.
ave don't say that Wood vs. Bel
lamy was even decided wrongly,
but If these briefs are admitted, then
even oral argument before the court
can be injected here"
Mr.. Osborne contended that the
briefs were competent, and the wit
ness added that he desired to file
them because they had Influenced
his decisions, and therefore as proof
Of his intent.
These briefs are those Of counsel
in the cases of Wood VS.. Bellamy,
Lusk VS.. Sutherlin and Person VS.
i
The court said that after reading
article 5 of the Impeachment arti-
cles, where it is alleged that, by a
'specious course of reasoning" etc.,
he would hold with the counsel for
the defence and overrule the objec-
tions of the prosecution.
Continuing, the witness said that
he was never influenced by party or
partisan considerations; he had be-
come convinced that HOke VS.. Hen
derson was the law of North Caro-
lima. GAS to more recent decisions,
if it was the law in 1897 it is still
| the law"
| Governor Jarvis then asked the
questions propounded by Senator
Henderson to Judge Furches at the
morning session, which were
promptly answered.
The witness said that there were
two questions, one being whether
White was entitled to pay, if so in
what amount. Both the Auditor
and Treasurer submitted those ques-
tions to us, and they being parties,
it was deemed proper that the man.
damus should issue.
AS to minor details, they could
have been left to the Auditor and
settled by the Treasurer.
| Q.-"How did the Supreme Court
know the Auditor had properly
audited the claim?''
| Witness said it was not the inten
tion to interfere, because it was sup
posed and ought to have been pro
perly done.
The motive that influenced me by
the question presented, whether thu
pay should be 5000 or $4OO pei
year-and as fund should be paiC
out funds set aside for that purpose
and not at rate Of 5000 as per act O
1897. In other words, we took i
that he was to draw his pay accord
ing to the act of 1899, because tn
Legislature had the right to reduc'
the salary, as we conceived it.
| Q.-"Ought not the court to hav,
requested the Auditor to report th'
amount claimed to the court befor
order of mandamus?"
l Alt did not SO appear to us
but that Treasurer should pay afte
warrant was issued by the Audito
, that is what understood to b
the order Of the cOurt.'
Q.-"Do you think it the duty O
the clerk to issue order of fmandamu
in all cases where orders of cour
, are not obeyed?"
Alt would be the duty of tn
clerk to obey the order of the court
and to use such methods as wer
necessary to carry out such orders.
Q.-"Does the record of the Su
preme Court show that the juds
ment of the court has been satisfied?
Al do not know"
Q.-"Whose business is it?''
, A.-''The clerk of the COURTS"
I The direct examination of tn
witness by Gov. Jarvis ceased herr
Fl Judge Douglas was given
y lengthy cross-examination, durin
which time there was some sparrin
y between the witness and counsel.
t The following witnesses, ali tro1
t Greensboro 1.-THE home of Judg
r Douglas) were sworn and testified
f his good character and standing:
\ President Dred Peacock Of tt
/ Greensboro Female College.
fl Capt. J. w. Fry, a banker.
III Mr.. J. J. Hunter, a manufacture
IL Mr.. J. A. Odell, hardware me
I chant.
> Neither of the witnesses was eros.
/. examined, and they retired afte
i merely answering the formal que
e tion put to them by Mr.. Bynum.
JUDGE MONTGOMERY ON THE WI
q NESS STAND.
n After Senator Henderson had i
troduced a resolution, which W
IL adopted, providing for the payme
70 of per diem and mileage of the cha
+ acter witnesses examined the pr
u ceding day, Justice Montgome
Of the Supreme Court was called
y the witness stand and sworn.
Is In response to questions oy N
e Cook, of counsel for the respondent
le who conducted the examination, Il