The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-16
EVIDENCE AGAINST
THE JUDGES
CONTINUED on Fifth Page

told them | had not, didn't think that
necessary
.sDid YOU ever make an affidavit?''
mo. | had a reason in my mind for
net doing so. l never intended to make
an affidavit"
Counsel for defendants objected to this
question on the ground that it was incom-
petent
The court ruled that it was competent,
after striking out the words Il had a
reason" etc.
Captain Cooke I'm some impeachment
courts appeals from the ruling of the
chair Is allowed. If we have that right
we would now like to exercise IT.
The President Counsel must be sat
isficd with the ruling of the chair unless
some member of the court appeals from
it,
Counsel for the Managers said they
were perfectly willing for all reference to
intention in the mind of the witness to
be stricken out.
The President repeated that he had
just SO ruled.
Senator Woodland, however, wanted the
question of appeal to be now decided so
that it might not come up again.
Senator London stated the procedure
adopted in the Holden and Johnston i'm
reachment. Senator Foushee gave notice
that he would later move to change the
rules so that attorneys on either side
could appeal.
Mr. Watson, resuming his examination,
asked: -
They declined then to hear you, un-
less you based your notion upon an affi-
d. vit?" 80
Yes" .so
Then what did you do?"
Within the next day or tw6I called on
Colonel Kenan. the clerk ana demanded
Il at he issue the WIFI.
Was it a written demand2"
No it was oral, but he REQUIRED me to
W tie and file it, / did SO"
This demand, which is in Colonel Ken
ais file of papers, was exhibited, and
identified by the witness.
What was your next stepG"
That was all. l lett the city that
night and was gone week or ten days.
When ] returned the mandamus had been
issued and served
you talked TO the Auditor and Treas
urer didn't you, and reported to the court
as to your conferences with the Governor
ard these two officials?"
81 stated that the Auditor would not
issue the warrant or the Treasurer pay 1T
unless writ was served upon them; that
they had been so advised by the Cover
NOR
Did you tell them anything about their
saving the Jail door was open for them?'
II think not.
4 did you tell them the Governor said
they. would be impeached unless they had
writ?"
Il think not"
Did talk VITA either Of these judges
out of the court about the ease?'' al.
Il never talked to- Judge Furches off
the bench and l talked to Judge Douglas
Only once"
Just before Left for Washington +
had a conversations with Judge Douglas
near the corner of the capitol and he told
mo he thought I would get the money"
WAS this before you got the writ?
yes"
'Ycu say shortly after the filing of
tho decision in May. the court adjourned
and you made no effort to get the writ
till the court again metz"
That IS correct
when you got back from Washington
the writ had been issued hadn't it?"
1T had and as soon as l could get
the accounts straight they were paid"
do you remember Judge Furches say
ing that the writ could not be issued be-
cause there was nothing to act upon
''E the r he or the Chief justice said they
could not act unless there was something
before them This was when they were
inquiring whether or not l had an afd-
davit."
at the time you went before the court
did you exhibit Whites claims?'
mo. Though had them; possibly they
we're in my pocket"
Senator Woodland: May l ask counsel
what time is referred to in that ques-
ticn?"
Mr.. Watson: when he went there for
c Inandamus."
''Did you fill out the papers you sent to
Judge Starbuck?"
Counsel for the defense objected to
It's question on the ground that the rec
ord was not attacked in the pleadings
Mir. Watson I'VE do attack the case
Of White VS.. Auditor; we claim that the
court had no jurisdiction, and We propose
to put the record in to show its condi-
ton
Mr.. Chas. NJ Busbee: 1.-THE Articles of
Inreachment attack this record, and
We propose to show that it was irregular,
invalid and contrary toslaw."
Judge Bynum: 1T is sought to hold
these Respondents responsible for the
manner in which the transcript of this