The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-19

Justice Faircloth said much the same
thing. [ don't think either Judge Mont
gcmery of Judge Douglas said anything.
Judge Clark said it ought not to be is
sued. That night Col Kenan came to the
Marlborough to see US about it, saying the
matter was troubling him considerably. l
told him again that it was his duty as
clerk to issue the writ Judge Douglas
read to him a paper in which he told him
suts tantially the same thing. The next
day Col Kenan came efore the court
igain and asked more explicit instrue-
tons l told him again it was his duty
to issue the writ; Judge Douglas again
read his paper, and Chief Justice Fair
cloth said it was his duty to issue it.
THAT was the last | heard of the man
Carnus until l learned that it had been
issued and the money paid.
''At tie next conference Judge Clark
raid Since you gentleen will not let
me file my protest and dissenting opin-
ion ia like to have them back Judge
montgomery pulled his out of his pocket
end handed it back to him; Judge Douglas
said he didn't have his; l said; Judge
Clark haven't mineg and in view of what
las boon said about this matter think
shall keep it, That was the end of it.
The witness now, in reply to questions
from Mr. Long, explained the rules of the
court in regard to cases coming before
the cour- He added
IF Mr. Harris had properly brought the
matter efore the court, on affidavit set
ting forth that the clerk had refused to
issue the mandamus l should have
ordered the clerk to issue it."
He said the court was in session dur
Ing conference, but it was in session
10 discuss matters that were properly
lefore it.
rs there any rule that provides for
the filing of opinions in cases that are
CT the docket?"
"None that | know of. There is, how
ever. rule among the judges that no
dissenting opinion shall be filed after the
opinion of the court, except by consent.
The dissenting opinions of Justices
Clark and Montgomery in White VS.. Au-
Citor were filed. he said when the opln-
ion Of the court was the opinion being
reld UP two or three weeks TO allow them
to prepare their dissents.
Was the White case ever restored to
the docket?"
Never
1T was then never again before the
court?"
Never. except in the way have iaii-
Gated"
Were you interested in any way in
the result of the case IF White VS.. Audi
tor2"
Never, except to do my duty as judge.
| didn't know Mr.. White, never saw him
10 know him till last Saturday. l never
Lave in my life mentioned this matt<r to
Col Kcnan, in his office or anywhere else,
unless he mentioned it to me, never
mentioned it 10 MIR. Aver or Mr.. Worth.
j has been suggested here that we
wanted to know whether the writ would
lie obeyed by these officials if issued ]
never thought Of asking thans | never
had any other thought than that they
would obey it. But when we we're in
conference Judge Montgomery said
Judge Clark, you have been to Mr.. Worth
and you threatened him. Judge Clark
said He invited me in there and ssfed
me about it, Judge Montgomery said On
my way home passed Governcr Rils5
sell and Mr.. Worth, and ! asked Mr.
Worth what he was going 10 do about
paying White. He replied that Judge
Clark had been to his office and threat
oned him with impeachment II he lad
it, and that he threatened his bend. he
said you went there of your oWa accord,
and brought the matter up yourself, and
when he asked what he'd do If man
dGnus was issued you said there would
be three vacant seats in the court house
il they tried to put him in jail for fail
ure to obey the mandamus. Judge Clark
insisted that Mr. Worth invited him to
his office, but did no. deny nc CONVEX
sation.'
Did you investigate the record when
the case came into court
Il did not. When respectable counsel
come into court l would consider 1t a re
Election on them to so spying around for
something wrong in the case The cctrt
acted On the facts as presented to It,
"Werc you influenced in any way in
your decision of the case by personal or
political considerations ?"
Il was not. If l was was unconscious
CT ii"
Did you know anything ahout inc aud
ting of Whites claim?
Il did rot. | never saw =. u was
not my business to know anything ABOUT
it.. as | thought. and | didn kno" envy
thing about it,