The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-02-19

place. was he wrong in the second?"
Then followed another apostropbe 10
consistency.
1T is not my province" Mr..
Gibbs continued TO criticise tho
acts of anv one, but when no
writes them down l can read and COM
ment upon them In the Holy Bible
David exclaims: ON that mine enemy
would write a book and in this case he
has done so.
The question of sympathy has been
injected into this discourse, the question
of character and the question of kind
ness. 1t has been said that we hold the
relation TO the Senate that a grand Jury
does to the State. l cannot consent to
that The grand jury acts upon no pre-
sentiments made by themselves. If pre-
sentiment is made by them, it goes over
10 the next grand jury In the grand
Jury room only the States side OF a cues
ton is heard the defense is not heard
at ALL In this case both sides of the
question have been presented 1t would
be closer analogy TO say to me we are in
the position OF a justice of the peace.
where he has not jurisdiction, he does not
acuuit or convict He discharges or sends
on for trial The first question he asks
is. has there a crime been committed E?
Second, is there probable care to believe
the defendant guilty. II So he binds pros
ecutor and defendant over to the next
term of court That is what we are to do
in this case.
Now as to character and sympathy,
have been taught from earliest infancy
that character is the principal thing,
that without that, all riches are but
trash. But if was said the other day THAI
all the more these men ought be i'm
peached. because of their good character.
| say, if my character aVails me nothing
had better never have submitted myself
to the laws of my country. 1t is said
that the question of sympathy does not
enter into this matter. That is true to
certain extent. But want to say, if l am
ever so unfortunate as to be put on trial
want no man to try me who has not
an abundance of the milk of human
kindness is his breast. | say we can let
sympathy play its part in this case.
"One gentleman has said that if these
judges had not lodged and hesitated. he
might not have thought them guilty. If
it is true that they vacillated and took
advice, it seems TO me they were striv-
ing to honor their duty. If they were
trying TO do their duty, I ask in the name
Of Cod if they are TO be held RESPONSE
BILE. If we are going to impeach men for
conscientiOusly doing what they believed
to be right, let's dig down into the graves
of RufIin and others like him, bring up
their ashes and mpeach them.
III they have made 4 mistake in the
law there is no need for impeachment.
But | contend they have made no mis-
take. but have simply decided. according
TO opinions that have been rendered in
similar cases. | ask Of you, in GoS'2
name, in the name of the great State of
North Carolina do not rush into this
thing hurriedly. Do not impeach men be-
cause they have construed legislative
acts, as it was in their power to do.
Now l extend my heartfelt thanks for
the courtesy that has been rendered me
throughout this natter
Judge Allen. of Wa.ne arose at the
conclusion of Mr.. I1obs' speech and
said he had not expected 10 say any
thing further on the resolution bat that
the attempt Of Mr.. E,bbs TO make his
CAllen's) position appear inconsistent,
rendered few words necessary. He
referred To the case of Garner VS.
Worth. quoted by M. Ebbs and in
which AIr. Allen was attorney for Gar
ner Touching it. Judge Allen said:
Il was expecting thi:: attack. l knew
last Friday night that Judge Furches
and Judge Douglas were trying to find
a Democrat who would. at the close of
this debate, make such an attack. They
failed, and it devolved upon Republi-
can to make it,
Judge Allen read from his brief i'm
Garner VS.. Worth as follows:
The important ana essential ele-
ment is that the State shall THROUGH
THE TsEGTSLATURE GIVE IT'S AS
SENT TO PAY. 1t is the consent of the
people to pay given through the Legis-
la;ure, that distinguishes an appropria-
ton from an ordinary claim against the
State based simply upon the promise
of the State TO pay
Judge Allen explained the facts in this
case and the decision of the court
thereon, and thus commented:
Garner was a Democrat. What did
the court say? 1t said that although the
state had ordered the suit. had pro-
vided in the Revenue Act for payment
of the COSTS say that Notwithstanding
these facts the court said Garner
couldn't get a dollar While in the case
of White. a Republican, the Treasurer
is forced to pay him.
Mr. Gibbs disclaimed any intention to
reflect on Judge Allen
The next speaker was Mr.. Owens
(PopD, of Sampson. who began by pay
ing his respects to the gentleman from
Granville (Mr. Jenkins) who, on Fri
day. spoke for impeachment.
Mr. Owens did not like Mr.. Jenkins
reference to him and the other Populst
member duncan as the two or
phans" and he quoted scripture to show
that 1.-THE Lord will protect the orphans
and the fathcrless.
Coming to the subject OF impeach
ment. the speaker declared he ha6
heard no good reason given why the
Judges should be impeached why
gentlemen, | have known some judges
Democratic judges-Who have ridder
circuits in North Carolina so drunk
that they hardly know what they were
doing"
Mr.. Curtis. OF Buncombe: I'D like
to ask the gentleman if those judges
are now on the bench? If they are its