The news & observer., 1901-03-16
HIS TESTIMONY is DAMAGING
Had Private Talks With the Judges
About His Case.
THE ORIGINAL PAPERS WERE RULED OUT
Col. Kenan, Clerk Of HE Supreme Court, Was
or the Stand When Court Adjourned.
He win Finish His Tesii-
m.ny This Morning.

Yesterday-the second day of the i'm
pcachment trial of Chief Justice Furches
and Associate Justice Douglas-was de-
voted by the Court of Impeachment to the
hearing of evidence for the prosecution.
Three witnesses were sworn, as fol-
lows:
]. C. L. Harris, attorney for Theophilus
White, in whose favor the mandamus that
has caused the impeachment was issued.
E. V. Perry, clerk of the Superior court
of Perquimans county, from which the
appeal came up to the Supreme court.
Thos. S. Kenan, clerk of the Supreme
court, who issued the mandamus by or
der OF the court.
MIR. Harris testified in regard to his
connection with the case of White VS..
Auditor, told how he, on several occa-
sions, applied to the Supreme court for
mandamus and finally secured it.
On his first application the court asked
him whether he had given notice to the
other side. After he had done this ne
came back and he was asked if he had
filed affidavits. He had not. And, added
Mr. Harris in his testimony. Il have
never fled an affidavit in the case and l
never intended to-
But he got his mandamus and he says
ne had a private conversation with one
of the judges out of the court in regard
10 his case and he told him he would get
rfNl-s l.-G. ~ do
mus was was issued.
The testimony of Mr. Perry amounted to
little. He was summoned to testify
in regard to the original records i'll the
White case, now on file in his office.
These are said to be defective and irreg-
ular in many particulars, but they were
not admitted in evidence and SO Mr..
Perry was asked but few questions.
Col Kenan gave only a small part of
his evidence having been on the stand
less than half an hour when the court
adjourned He will resume his testimony
this morning at 10 O'Clock. He had with
him on the stand his books and records,
and read the entries in regard to the
White case. Then he began his story of
the issuance of the mandamus, how At
torney Harris had asked for it, and he
writing. This request with certain other
papers were given to Chief Justice Fair
cloth. Next day form for a mandamus
written by Judge Furches was brought
him. with a note from Judge Furches
That day he went into the court room and
asked for instructions in regard to his
duties. The replies he received from the
Judges were, to him, unsatisfactory.
Next day he received from Judge Clark
a protest against the issuance of man
damus.
At this interesting point in Col. Ken
ans testimony the court adjourned. He
will resume the story this morning.
The court held two sessions yesterday
one from IL to / o'clock, and one from
to 6. Much of this time was con-
sumed by the attorneys in arguments on
the admission of evidence offered or
questions asked.
AT both sessions of the court the gal
leries and lobbies were crowded with in
terested spectators.
The evidence offered at the first session
from ~ to l o'clock-was all documen-
from IL to / o'clock was all documen
tary, and as follows
Official oaths of the judges-Furches
and Douglas-and now on file in the Sec
reJary of States office.
Record in the case of White VS.. State
Auditor and State Treasurer.
Judgment in White VS.. State Auditor
and State Treasurer.
Certified copies of the mandamus in
favor Of White-one on the State Audi
tor and one on the State Treasurer.
All Of these, except the official oaths
OF the judges are on file in the office
of the clerk of the Supreme court and
have recently been published in these
columns and need not be here repeated
copy OF each mandamus appeared in
the Articles OF impeachment, printed in
the News and Observer on February oath.
and the record and Judgment in the
White case were in the Answer printed
on March 9Th.
The oaths taken by Judges Douglas and
Furches as Associate Justices were first