The Caucasian. (Clinton, N.C.) 188?-1913, 1901-03-28

Continued from Last Week.
Q.-"llOw can a rehearing be ar
rived at In cases where case goes
OIL the dpckct?"
Witnessed explained.
Q.-Why did you, the court, not
entertain the request of Harris allu-
dcd to-"
A.-"l}CCausc there was nothing
before the court" The rules Of prac-
ticc before the Supreme Court were
then explained, in response TO ques
tions.
Continuing, the witness said:
eff Harris had brought the mat
ter up before the court in the way
| thought proper | should have de-
cidcd In his iavOr-that the clerk
should issue the writ"
awhile there Is no printed rule
about Hing opinions after court adj
Journcd, there is rule smOng the
members of the court that no dissen-
ting opinion shall be filed after the
opinion In the case is filed, except
by consent. | have never filed a
discerning opinion in that way, but
j believe some have been SO fled by
unanimous consent.
"My recollection is that the vol
ume OF the Reports for that term
was already printed at the time the
request of Judge Clark was made,
and If admitted would in that case
have To be printed in a subsequent
volume OF the Reports"
Q.--"Did you have any interest
in the White case?"
A.-"NOne on earth, except to do
my duty as Judge"
Il did not know Mr.. White; new
cr saw him, until this eek, in my
life, and had no sort of interest in
the man.
81 never mentioned this case to
Colonel Kcnan at any time unless he
mentioned it to me first-in his off
ice, in conference or anywhere else.
'I never mentioned this case to
either Mr.. Aver or Mr.. Worth in
their connection with the matter.
at never passed my mind.
never thought Aver or Worth or
any ministerial officer would refuse
to obey an order of the Supreme
Court. | never thought of asking
either of them any thing on the sub,
ject."
Judge Montgomery said to Judge
Clark:
"YOu have been to Treasurer
Worth and threatened him if he
obeycd the order of this court"
Judge Clark said he saw him
(WOrth) at his office at Worth's re
quest. But Worth said Clark did
not come at his request, but vOlun-
,arily.
Judge Montgomery said:
Judge Clark said to Mr.. Worth
that if there be mandamus there
will be three vacant seats over yon-
u der in the Supreme Court roOm.'"
81 Judge Montgomery said to Judge
IA Clark:
"Worth says you came to him OF
your own accord and not by invita-.
tiOn."
Judge Clark did not deny it.
"When respectable counsel come
into our court with record made up
| should take it to be reflection or
respectable counsel to go hunting
around and"
MIR. Allen of the prosecution OBJ
jccted.
Judge Furches stated that he die
not desire to inject any remark tina
was improper or out of order.
Q.-''ln the White VS.. AuIitO
case were you influenced in any wa,
by political or personal considrra
tions?"
Al again answer / was not
/ had never seen and did not know
Mr.. White. l knew nothing Of tn
auditing of the claim of White.
have never seen any of the paper
introduced here the other day frOr
the Auditors Office, and know moth
ing of them"
This closed the direct examins
IN tion
HIGH CHARACTER OF CHIEF JUST
ICE FURCHEs.
The tirst "character witness" e.
amined was Hon. William M. Rol
& bins, ex-Congressman, and in yea
agone considered one of the create,
Democratic campaigners in Mort
Carolina.
He was examined by Mr.. Osborn
XII of counsel for the defense.
"Do you know David M. Flu
ches?"
ayes: for 35 years 1 have know
him well, intimately"
"What is his character and gene
al reputation"
''As good as that of any man
North Carolina, for truth, honest
and integrity-though 1 always di
fered from him in politics." add
N the witness.
Cross-examined by Mr.. Watso
"Something of a politician, wasI
he-has frequently been a candida
for office, has he nOt?"
eyes, he has been candidate t
Office. He ran against me once f
\ Congress, l turned him down. ]
was generally defeated because