The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-03-29
ANOTHER PACKED HOUSE ATTENDS
THE COURTS SITTING
SPEECHES MADE ON BOTH SIDES
j. III. Pou Argues the Case for the
Prosecution-His Reply to the De-
fences Charge of Partisan Prosecu-
toni. j.. jarvis Speech for the De-
fence-F. l. Osborne Begins His Ar
to Close the Discussion Tomorrow.
Especial to The Messenger.)

Raleigh, ". c.. March 26.-James II.
Pou occupied the morning session Of
the Impeachment court in a speech for
the prosecution.
For the first time in many days the
Hobbies and galleries were full. Many
prominent men were present. Among
them were ex-senator Butler and Hon.
J. P. Caldwell, who sat side by side
on the Judges side of the lobby.
Pou said that in the development of
the science of self-government it was
inevitable that conflicts should arise
between representatives of the people
M h other branches of the govern
ment; that the liberties Of the people
could not long survive the loss of their
control of the public treasury; that the
present trial involved this question,
pure and simple. He related Instances
of conflicts between the people and the
executive in time of Charles I, James
II in England and said the French
revolution was brought abou by hold
ing to the letter while violating the
spirit of the constitution. He said the
trial on hand partook of all the forms
OF attack or the rights OF the people
that he had enumerated. He said cor
rupt intent was not a necessary ingre-
dent of h judges guilt and cited au-
thOrItieS. He said the supreme court
had made judicial idols of Hoke VS..
Henderson and the doctrine of in pari
materia. He said Hoke VS.. Henderson
was good law, but the Judges had
twisted it all out of shape. He dis
cussed the question OF independence of
the judiciary n denied that this trial
was brought to establish the suprema-
cy of the legislature over the supreme
court. He contended that the manda-
mus was unlawful and cited many au-
thorfties to sustain it.
Referring to charge by the defense
that the prosecution was partisan Mr..
Pou declared that the only allusion
made to politics in the mole discus
sion and conduct of the trial had come
from the defense. and he resented
Cookies and BuSbee's attacks on Guth-
RE n other men representing the
prosecutions; that the trial had been
made partisan only by the republicans
and populiStS who stood in solid pha-
lanx with h respondents.
AT afternoon session ex-senator Jar
Wis spoke for the defense. He said inn
parchment was a political prosecution
and was contrary to the wishes and
desires of the people, of all business
and professions and was a great wrong
to the democratic party: that the peo-
pie wanted rest and from ponll-
cal passion and turmoil. He said the
judges in Abbott VS.. B~eddingfield lost
Beddingfield but saved the state $50. 00O
railroad taxes by their deciSion; that
he should be ever grateful to them for
standing by the insane asylums in 1895
and protecting them from political
heeIers; that the democratic party
could not afford to allow these men &c
be convicted.
F.. 1. Osborne spoke fifteen minut
for the defense before adjournment al
s o'clock and will conclude Wednes
day morning, to be followed by Watson
who closes the case.