The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-17
JUDGES TO GO ON THE STAND
About a Dozen Experts" to Endorse
the Court.
MUCH SPEAKING BY THE ATTORNEYS
A Hard But Losing Fight Made by the Defense
Yesterday to Keep Whites Irregular
Accounts From Being Pu. 10
Evidence.

Tomorrow morning at 10 o'clock the
case for the defense in the impeachment
trial of Chief Justice Furches and Asso-
ciate Justice Douglas, now in progress
in the Senate chamber, will De opened
with a speech by Judge w. P. Bynum, Jr.
After that the introduction of evidence
for the defense will be commenced. The
first witnesses put on the stand will be the
defendants--Judges Furches and Douglas.
Then about a dozen lawyers-principally
in some of the office holding cases.
will be put on the stand, if any rule of
evidence can be found, admitting such
testimony, to prove that the courts de-
csions were sound in principle and war
ranted by precedent.
After that the prosecution will put on
testimony in rebYttal and then the argu-
lnent OF counsel Will begin. Major Guthrie
WIN make the first speech for the prose-
! cution and Mr.. Watson the last Captain
= Cook will make the first for the defense
and Mr. Osborne the last. In betweel
these, all the others will be sandwiched,
SIN on each side.
Thus, with twelve speeches to hear af
ter Judge Bynum's on Monday, the court
viii hardly reach the end of the case
before the first. of next week. Some of
the speeches, it is known, will DC quite
lengthy.
Inc prosecution has rested its case.
The whole of yesterday-two sessions OF
three hours each-was consumed in the
introduction of further evidence against
the judges, and at 5:45 it was announced
that the managers would rest their case.
Three witnesses were examined yester-
day:
Col. Thos. S. Kenan, clerk of the SUI
prcme court
Mr. 3. r. Lacy, State Treasurer.
Dr.. B. T.. Dixon, State Auditor.
Colonel Kenan was on the stand all
the morning session of the court and for
a short while during the afternoon session.
He made a model witness. His men,
cry was clear. He was definite and ac-
citrate in his answers, and he spoke
slowly and distinctly in answering ques-
tions. His testimony related almost en-
tirely to the transactions in the court in
regard to the writ of mandamus
During his cross examination, by Mr..
fort was made by the defense to shift
the fight to Judge Clark, but the prose-
cutions held them with steady hand to the
issue.
Mr.. Lacy produced the warrant from
the Auditor upon which the Treasurer, in
compliance with the mandamus, paid
White the money.
DR.. Dixon had the papers from the Audi
tors office in regard to the White claim.
Against the introduction of these the de-
tense made vigorous and most determ-
ined fight, and finally when the President
ruled that the papers were competent
evidence they appealed to the Senate Al
ter a long debate on the question OF the
competency of the evidence offered the
Senate sustained the Presidents ruling
by vote of So to 5--the five being four
Republicans and one Populist.
These papers showed what an illegal
act the court had forced the Auditor and
Treasurer to do. The papers are no- only
made out in irregular style but White
signs himself sometimes as "Shellfish
Commissioner" sometimes as Chief Ia
spector" and again as Chairman Of the
Board" The signature of the so-called
Secretary Harris is equally irregular For
these reasons the defense fought nightly
against these DaDerS.