The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-03-29
FIJI. BUSBEE CLOSES A TWO HOURS
SPEECH FOR THE DEFENCE.
HE ATTACKS THE PROSECUTION.
He Charges the Managers with At
tempt to Impose Upon the Lack OF
knowledge OF Law OF the s-eo.tor.-
Attempt to Shield the Judges Behind
the Clerk-He Travels Out or IN.
Record to Charge Partisanship-Mr.
b. Longs Able Argument for the
Defence.
Especial to The Messenger.)

Raleigh, N. c.. March 25.-In the i'm
parchment trial today F. III. Busbee.
for the defense, concluded his argu-
ment in a two hours speech. He said
all lawyers understood writs should be
issued in conformity to judgments, by
clerks OF the courts, without special
order, except that indicated in the
opinion or judgment; that the supreme
courts opinion in Whites case was
only an affirmation Of the Judgment of
the superior court: that its clerk would
have issued the writ il Judge Clark
a not specially notified him not to;
that Judge Clark's doing this showed he
understood the rule that executions IS
sued on all judgements without special
written Instructions.
Mr.. Busbee said the impeachment
managers were attempting to impose
on the ignorance of h law on the part
Of the lay MEMBERS Of the senate.
He discussed the history of the
"~ofice-holding cases" occurring after
the democrats came into power in 1870
and said the supreme court of that day,
composed of republicans kept republi-
cans in office and no one dreamed of
Impeachment then because Of their
honest Interpretation of the law; that
when the case Of Wood VS.. Bellamy
was decided by the present court in
favor of the democrat the democratic
paper now so loudly crying for i'm
parchment came out in flaming head
lines, commencing the court for stopp-
ing the footing of the insane asylum;
but when Days case was decided on
the same principle four years later the
same paper spoke of it as contrary to
law and judicial precedent.
On the subject of intent Mr.. Busbee
said no since the days of Justin
ian had been charged with crime for
honest even If incorrect Interpretation
of the law. He said if the prosecu-
tion'S efforts were successful it would
established the fatal precedent that the
legislative branch Of the. government
was Independent and supreme, not CO.
d with the executive and judi
ciary.
B. F. Long mex spoke for the defense.
He made an elaborate, able and care
fully prepared argument in behalf of
the judges. He recited the history of
Governor Holden's effense and im-
parchment and said there was a uni
versal demand for il. while as to the
present case it was not heard of or
thought of seriously until the house
adopted the resolutions of impeach-
ment. He aid the responsibility rest
ing upon senator's was extraordinary,
they a all the power. No judge OF
law in this court could lay down to
them the law as in other criminal
trials. He defined what were impeach-
able offenses. He took up the five ar
ticles Of impeachment, discussed them
in all their bearings and showed how
impossible 1t was to convict under the
charges made If the whole evidence in
the case was to be believed, which evil
dence was not contradicted. He then
discussed the questions Of law involv-
ed, cited supreme court decisions runn
ing Jack a century, and the last cases
were founded on the law and precedent
for that length of time.