The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-23

had been given.
Then the speaker referred to Maj
Guthrie's expression of regret that such
scenes should have been enacted in the
court room as characterized the discus
sion of the office holding cases around
the council table, and Capt. Cooke added;
Here comes a clause in the history OF
this trial that / wish had never been
written. Judge Clark bound to these
Respondents by common oath OF Office
what do we find him doing? Telling
man-not a lawyer, but an officer OF the
State-not to obey the mandates OF the
court. 1t was bad enough to tell the
clerk of the court that. But ne dldn
stop there. | don't wonder that Old
Bro. Worth feared he'd get in jail. But
listen, Senators, Judge Clark tells MIN
if they do put him in jail there'd be
three vacant seats over yonder. e men
of North Carolina would the communica-
ton of that thread, by the only man VINO
had a dominant party behind him, have
stirred your blood?
But perhaps l have said too much and
if YOU gentlemen desire it l will take it
back now. 1t is not my purpose to i'm
reach Judge Clark. But there was an in
cident in this trial yesterday that touch
ed me deeply, and yet the press have
lnJaved upon it-trifed with the things
that they know not of. And some peo-
ple wagged their heads and said: They
are afraid of Judge Clark Now | want
to saw this: we are not here to make
records for ourselves for bravery. But
when his evidence was completed we
asked the wishes of the Respondents and
tions: we have no fight on Judge Clark.
1T was in accordance with their wishes
that we did not cross examine him.
eve believe that these judges are go
ing back on the bench. We have always
believed it. They are going back in re-.
lation with Judge Clark and Judge Mont
gomery We don't want to so far es-
TRANCE these men that they cannot confer
about the duties of their office. We
might have attacked Judge Clark and
created amusement for the public. We
might perhaps have secured more votes
for our defense, but these judges have
not forgotten for one moment the dignity
of their position or the dignity of this
court, whatever others may have DONE"
The speaker argued that the record of
the lower court in White VS.. Auditor was
regular and in accordance with the GUS
tom in such cases. He read this record,
and said:
81 protest in the name of the Respond
ents / protest in the name of the Ar
ticles of impeachment; / protest in the
name of Justice, that no further un IA
vorable reference should be made to the
records and facts in this case. l pro-
test that these judges shall not be held
responsible for the acts of the Auditor
and Treasurer, however correct may have
been the acts of those officers.
"Why the prosecution of these judges
has proceeded with this idea: That
these judges ordered the Auditor TO honor
that account Just as it was brought into
this court That is not true.
He explained the duties of the Auditor,
reading authorities, and said that 1.-The
Auditor was not directed to issue his
warrant for any particular amount" that
1.-THE court simply found that White was
entitled to $500 year, payable monthly
and 5 cents mile when in discharge of
his duties, and they simply directed the
Auditor to audit and pay the claims that
might be presented, That is all. No
particular amount was named
The case of Garner VS., Worth 122 n. G.,
325. was read, and commenting on it,
Capt. Cooke said:
81 regret to hear my friend Watson the
other day characterize the experts as
auxiliary counsel in this case. That was
very unfortunate expression to fall
from his lips | dent like barbed wire
fence on the farm. | don't like bar0ed
wire Judge. / don't like barbed wire
fellow in the House. Now you all can
take these illusions and apply them at
your leisure.
People laughed at this and Capt. Cooke
said: Funny, isn't it," and then con-
tinued:
Talking about auxiliary counsel let's
see who was counsel for the plaintiff in
this Garner VS. Worth case l read;
Judge Allen, Simmons, Pou & Ward, and
Robinson was the Judge
Mr. F. H. Busbee 'And there was a
peremptory mandamus issued too, wasn't
there?"
first train. And it was for money
money-money--the love of which is the
root of something
Il haven't forgotten that it was power
of the Sanhedrn--and that was political
as everybody knows-that crucifed the
Christ.
WAS Judge Robinson impeached for
Garner VS.. Worth? No And why? Be-
cause you had faith in the honesty of his
intention. You may talk about the vol
unteers, but if you hadn't volunteers for
him in that case you are not the man I
take you for. l will be the last man in
the world to lead a judge wrong, and
if he honestly goes wrong I'll be found
by his side, and if I've got boy that
wouldn't be there too, he's not like his
mother.
you talk about the people of North
Carolina demanding a sacrifice. That's
because you measure them by the stand
ard some of you set up for yourselves.
Now Judge Robinson issued this man
damus against the Treasurer for claim
when there was no special appropriation
| for it's payment even. Why didn't they
| impeach Judge Robinson? No, it was not
done and if such an indictment was
made against him then, you, (referring
| to Mr. Pou, ought to have volunteered
| TO defend him. This action of Judge
| Robinson did not stand because, as
Judge Clark said in his opinion on the