The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-23
ANorH sR CASEY AT THE BAT"
How and why the Defense Didn't Cross Elk.
amino Judge Clark.

amino Juu6O VAoAA
(Frcm Yesterdays News and Observer)
The evidence of the prosecution in re-
buttal OF that put on by the defense in
the Impeachment trial was completed yes
terday morning and the argument of
counsel was commenced.
Maj. VIM. A. Guthrie. of Durham, made
the opening argument He will be fol-
lowed today by Capt. Chas. M. Cooke, of
Louisburg for the defense.
Yesterday was a day of sensations in
the court. The morning proceedings
started in with surprise-the announce
mcnt of the name of Judge Walter Clark
as witness for the prosecution; they
gathered momentum as they progressed
and Judge Clark was about to tell on the
stand that Governor Jarvis had advised
Col Kenan rot to issue the mandamus or
dered by the court But the greatest sem
sation of the day came when the de-
Tense failed to cross-examine Judge Clark
Ever since the Impeachment Resolution
was introduced in the House, and especial
ly since the impeached judges were ar
raigned at the bar of the Senate, there
has been much speculation as to whether
or not Judge Clark would go on the
stand. The attorneys and lobbyists for
the defense said he dare not they limited
at embarrassing questions that would be
asked him, at documents in evidence"
that uo.Iid he pJlIlpd IN him
They did more They looked wise and
intimated that if some one would be so.
kind as to furnish a squire they'd prove
enough on the Judge to make lynching
totally inadequate for the punishment of
his sins.
No definite ofense was named. The
charges were general, and for the past
week the principal duty of lobbyists has
been to depict the awful things that
would happen to Judge Clark If the prose-
cution should dare to nut him on the
stand. Everybody was taken into this
confidence.
Under these circumstances, it is not
strange that the mere hint of the News
and Observer that Judge Clark would go
on the stand yesterday morning filled the
Hobbies and the galleries with people,
anxious to see the fun"
The court was convened, and Judge
Clark's name was called. He came for
ward modestly and, some one suggested.
like a lamb to the slaughter" One in
the confidence of these lobbyists could but
pity him as he went down the aisle to
the witness stand, looking so happy and
innocent. Why hadn't he been warned
Of those terrible things that were going
TO ne done to him.
People held their breath out OF sheer
sympathy as he walked into the trap.
AS the Judge took the Book in uplifted
hand to be sworn, the talk ran round that
Osborne was the man who had been
chosen ito do the mighty deed on cross
examination, and everybody looked at
Osborne.
There was ease in Osborne's manner
AS he sat up in his place;
There was pride in Osborne's bearing,
And a smile on Osborne's face,
And, when responding to the smiles,
He lightly smiled again,
No stranger in the crowd could doubt
That Osborne was Clarks bane.
Judge Clark has taken the oath. He
is now telling how Volunteer Busbee
failed to argue the White case and what
was said about that mandamus around the
council board.
A thousand eyes're on Osborne.
AS he rubs his hands with glee,
A thousand tongues applauded
AS he crossed them on his knee,
And when the writing witness
Told things Montgomery said,
Defiance glanced from Osborne's eye,
And doubt shook Osborne's head.
But the witness seemed undismayed;
he went on nnocently enough. He told
how the court had tried to dodge issuing
the mandamus. but how Harris had
forced its hand and how finally the order
for the mandamus had been explicitly
given. When this had been done, Judge
Clark said he gave notice to the clerk
that he would write protest.
And. now the name of Jarvis
Came hursling through the air,
And Jarvis sat awaiting it
In naughty grandeur there
Close by the sturdy Osborne
And the rotund Cooke was there.
That's private talk" said Jarvis,
"And you oughnt repeat il here"
OF course nobody knows exactly what
that conversation was, as Judge Clark,
respecting Governor Jarvis wishes, did
mot tell it. but rumor says it was this:
That Judge Clark, knowing Governor
Jarvis to be a friend of Col Kenan's,
asked him TO advise Kenan in regard to
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