The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-22
HOW ANOTHER CASEY
Continued from Page One

Ool' DAVIDSON now directed his atten-
tlon to another part of the controversy.
He said
Did you ever have an interview with
Treasurer Worth on this subiect?"
yes"
What was it,"
TO this question counsel for the defense
objected, but the objection was over
ruled and Judge Clark said:
INTERVIEW WITH DR. WORTH.
was passing through the capitol and
met DR.. Worth He asked me to come
in During the conversation he said
You fellows have got me into a Ak
Here counsel for the defense, seeing
what was ahead Of them and their star
witness (Justice Montgomery registered
another vigorous objection to the admis-
sion Of the testimony.
Mr. Watson. for the prosecution. argued
that this very conversation had been de-
tailed by Justice Montgomery and his
(Watson's) side had not objected. Now
that he was seeking to refute part of it
the other side had suddenly discovered
that 1T was incompetent He asked:
Is it possible that we are thus to be
cut off without an opportunity of showing
what the true facts about it are?"
Capt Cook. the defense's funny man.
made the point that if Judge Montgcm-
ery's evidence was not competent, it was
Mr.. Watson's business to object to it..
but that he hadn't done so. He added.
These Respondents are not here to be
tried on what Judge Clark may have said.
And / say it with all reverance: pray
God thev may not have to be tried on
anything Judge Clark may have said or
what Judge Clark may think
Now it's up to you" he announced in
conclusion, with a triumphant ipse-dixit-
I-have-it- by God wave of the hand.
Mr. Osborne, of counsel for the de-
tense, desired to add few words show
ing the utter absurdity and absolute in
competence of the testimony
When he had finished the President
ruled against him and admitted the tes-
timony. Judge Clark continued where he
had left off:
AFRAID OF GOING TO JAIL
CDR. Worth remarked: You fellows
over there have got me into trouble. You
all say pay, the Legislature says not.
What am ! to do about it,
Il said Doctor. if you read my dis
senting opinion l told you what to do.
When the Legislature acts in it's jurs-
diction, obey it; when the court acts in
it's jurisdiction obey it.
The defense again, through Capt. Cooke,
objected strongly to this line Of evidence.
The court thought it competent and
| Judge Clark proceeded:
"Dr. Worth then spoke up and said:
But if l dent obey the court they'll put
me in iail.' / told him that the court
! had no power to so order. Suppose a
magistrate should direct you to hang a
man, would ycu do ito No, but that ii
| criminal case he replied. l said:
Doctor, they wouldn't dare put you in
JAIL But he interposed Suppose they
did i said: Well, in that case there'd
be three vacant seats on the Supreme
court bench when the Legislature met.
He didn't seem to feel that that would
be much compensation to him, but l left
him under the impression that he would
not pay the claim. - ~
THE next time heard from the matter
was in the conference room"
What was that?"
Judge Montgomery stated that Doctor
| Worth said / had voluntarily gone into
| his office and had threatened him l de-
| nl6Q IndI-ueUlSu udNluS bOuS iitu Ii
Worths office of my own accord and hav-
| ing threatened him, l don't renem-
Der the exact words Judge Montgomery
used but that is the substance of them. =
WAS any temper shown in confer
| ence?"
There was some warmth shown, and
naturally. in matter of that Importance.
/ remember that on Friday-after Col.
inlr
| said to Judge Montgomery: What is
your opinion? He turned excitedly and
said: I defy you, sir l asked: What
are you defying me for? He replied;
You are trying to put me on record
said: I don't seem to be doing it very
fcst'"
Did you hear Judge Montgomery say
| after the vote was polled, That settles
it, -
Eyes. that was on Tuesday afternoon.
the last time Col Kenan came in and
after all the judges had voted on the
question. When the Chief Justice cast his
vote. making 8 to 2, Judge Montgomery
said: That settles it, >
THE WITNESS IS WITH YOU"
This completed Judge Clark's direct tes-
timony, and, with a wave Of his hand to
| counsel for the defense, Col. Davidson
said: Gentlemen, the witness is with
you
For few seconds there was an omi-
nous stiffness Counsel for the impeached
judges seemed to shrink in their seats
Finally Mr.. Osborne plucked up courage
enough to ask
When Harris came in he notified the
court in a verbal motion that the claim
was not paid, then the clerk was sent
for and asked if the claim had been
paid, and that was the first the judges
knew that the mandamus had not been
issued?"
Il don't know what they knew, I knew
it had not been issued
There was another pause-people waited
impatiently and with bated breath for the
much-heralded knock out" Of Judge
Clark to begin Mr.. Osborne was the
Casey who was to do the mighty deed
But they were doomed to disappoint-
ment.
Mr. Osborne now meekly said: II don t
believe l care to ask you any other ques-
ton"
quiet but intensely amused smile
now rippled over the court.
Col Davidson said that as the other
side didn't seem to want to examine the
witness, he'd like to ask him a few more