The commonwealth., 1901-04-04
JUDGES ACQUITTED.

tice d. M. Furches, and Associate JUS
tee r. M. Douglas, closed last Thurs
day. They we're acquitted By vote OF
27 to %, twelve Democratic Senators
voting for acquittal.
The five articles of impeachment
were in substance as follows:
Article THAT on or about October
II, 1900, Judges Furches and Douglas,
With Chief Justice Faircloth, now de-
ceased, under color of their Offices, did
unlawfully and in violation OF the con
s.itution Of North Carolina, IN the case
OF White vs.. Auditor, cause to be is
sued mandamus compelling the pay
r,ent of claim OF salary to Theophilus
White, she'll fish commissioner.
Article 2-That on the same date
ss above the said judges "did usurp
legislative authority, and, to assume to
themselves legislative functions, and
attending to bring the General Assem-
bly of North Carolina into disrepute,
public scandal and disgrace, unmind-
futof the high duties of their office as
members of the said Supreme Court OF
North Carolina, and of their oaths of
ofice, and in contempt, disregard and
defiance OF the provisions of chapter 81 !,
public laws of 1S99," did cause to be
issued the mandamus aforesaid.
Article 3-Charges violation OF the
law by the issuing of the mandamus
after the passage of a resolution OF the
Legislature, In adjourned session, for
inquiry into the she'll fish matter.
Article 4-That the judges directed
TIE issuance of the aforesaid mandamus
not in conformity to law, nor accord
ing to the ordinary course OF practice
of the courts.
Article 5-Charges the judges with
deciding the ofiice-holding cases in a
manner to nulilfy the action Of the
Legislature, and to suit the purpose Of
the said judges.
Hon. Cyrus B. Watson closed the
argument, speaking for the prosecution.
Following is the News and Observers s
account Of the close OF the trial:
Immediately Mr. Watson's speech
was finished the court decided to vote,
and each Senator who might desire to
do so was to have two minutes in
which to explain his vote.
This order OF proceeding decided
upon, the President ordered the clerk
to read the first Article of Impeach-
ment.
He did so. This article charges the
judges with violation of Section 8,
Articla l of the Constitution, which
provides that the three departments OF
government shall be forever kept sep
arate and apart.
When the reading came to an end
the excitement was intense and the ST.
leEce oppressive. A feeling of ave and
dread seemed to have shot through the
heart OF all present. This was the
strongest OF all the charges ard on its
decision hung the fate of the judges.
The roll Cal! began.
Alexander, called the clerk. Sena-
tor Alexander stood, up, and the Presi-
dent asked
"Mr. Alexander, how say you, are the
Respondents, David NJ. Furches and
Robert NJ. Douglas, guilty or not
guilty, as charged in the first Article
OF impeachment ?"
"Gullty," promptly came the answer
There was no lift to the silence.
Senator Arlington answered "guilty," )"
also Senator Aycoek.
And at that time there was mur-
mur of surprise, for the Respondents
had confidently counted On his vote.
Senators Bray apd Broughton voted
guilty" But Senator Brown answer
ed "not guilty" and there was an un.
easy stir in the lobbies, for this was the
FIRST break in the Democratic ranks.
Senator Buchanan, icing Repub-
lican of course voted not guilty.
Senators Burroughs and Calvert
voted "guilty;;" ;" while Senators Chand-
ler and Crisp, being Republicans, voted
mot guilty."
The next Democratic break was Sen
ator Currie, who voted not guilty. Sen
ator Dula, a Republican, not guilty.
The excitement increased. Women
stood up; men mounted chairs, and
the roll call went mercilessly on.
Three Democrats had already deserted
only three more were necessary to ac-
quit. Would the judges get them?
The question was quickly answered.
"Foushee !" He responded, "Not gull
ty." "GIenn p He gave similar
answer. Henderson !" He replied to
the same effect.
"Acquitted,' somebody audibly re-
marked in one OF the lobbies, and the
roll call went on.