The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-24
MANY FINE WORDS
AND MUCH SPEAKING
Argument of Counsel on I'M
parchment.
DAVIDSONAN D PATTERSON
Mr.. F. q. Busbee Began His Speech
and Will Conclude Monday.
AND Mr.. LONG WILL FOLLOW Mr.. BUsBEE
Mr.. Pou and Gov Jarvis win Speak on Tues.
day and on Wednesday Mr.. 0sb,me
and Mr.. Watson Will Close
the Argument.

The roll call showed Al Senators pres
ent at the morning session of the court.
Mr.. Lindsay Patterson began the sec
ond speech for the defense.
He regretted that the prosecution had
not before beginning this proceeding given
heed to statesman of the Fifteenth cen
fury: Let no one who begins an inno-
walton in a State direct 1t at his will or
stop it when he would"
Mr. Patterson contended that this case
was an innovation. He quoted Mr.. Chas
NJ. Busbee as saying in his speech for
the prosecution: Suppose this Legisla-
ture should give to the Constitution the
construction that these judges are ask
ing" Commenting on this, Mr.. Patterson
said: CONSTRUCTION indeed! This Leg
islature to construe the Constitution
Was any more dangerous innovation ever
proposed? 1t is an innovation of the do
main of the Judiciary by the Legislature.
That is what is solemnly proposed here
to you.
Il say that the doctrine he lays down
here would impeach all the Chief Justices
that ever sat on the Supreme Court
bench. Thank God he did not live till a
century after Pearson and Ruffin. Can
we hope to have ADLER and better judges
than they?
-''DELENDA EST CARTHAGE
But Carthage must be destroyed, and
ii matters not whose name is buried in
it's ruins But they do not stop there. OF
course the character Of these two men
is ruined if they are impeached. But
they do not stop there. The very sancti-
ty of the grave is invaded The character
of a man who is now dead-who lived
to green old age-has been included in
the cruelties of this trial. His friends
may almost thank God that he is no more
that in his old age he may not be dragged
here in this proceeding
The speaker in eulogistic paeans sang
the praises of Chief Justice Marshall
whom he said Major Guthrie had attack
ed and then went on to say:
yet before this engine of calumny, lei
loose in this temple of justice. the char
acter of any man is as dust in the bal
ance against the destruction of two inno-
cent men"
The speaker next pinned a tag of char
acter on Judge Starbuck labelling him
''as good man as lives in North Caro-
lima"
Then he turned his tack There is a
man now on the Supreme court bench, a
man who has concurred in every opinion
these respondents ever wrote or contend
ed for. If these Respondents are guilty
that man is guilty; if they are guilty.
the judge in the court below is guilty
And yet the Legislature, for reason
that l shall not attempt to divine, has
put it's hand of ruin on two of these men
and let the other two go. l ask why
Judge Montgomery and Judge Starbuck
are not included in this proceeding? =
II tell you, gentlemen, no grand jury
in North Carolina has ever before pre-
scented such a spectacle"
He argued that, according to Major
Guthrie's speech, every man who voted
for the penitentiary act, construed in the
Day case, ought to be impeached. because
in that the Legislature tried to confer
an office for longer than its own life.
He added
RIGHTS or GENERAL ASSEMBLY.
''They say that the court has abridged
the rights and usurped the powers of the
General Assembly. And how? BY saying
that one General Assembly shall not de-