The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-02-09
Justice Clark Tells About His,
Suppressed Dissent.
IMPEACHMENT REPORT A SPECIAL ORDER
It Will Come Up in the House Next
Thursday For a Vote. Prominent
Attorneys Said to Have Been
Employed on Both Sides
of the Case.

Further impeachment proceedings
against Justices Furches and Douglas
are stayed until next Thursday at II
o'clock.
Then the matter comes up in the
House as a special order, on the Judic-
iary committees report recommending
that the impeachment Resolution do
pass
This report was made TO the House
for the committee yesterday morning
by its chairman Judge Allen. and at
his request the special order was fixed
as above indicated. He stated that his
purpose in doing this was TO give the
minority time to prepare and bring in
report if they desired so TO do
1t is reported. though the rumor could
not be entirely confirmed. that Hon.
Cyrus p. Watson. Mr. James H. Pou
and Judge Merrimon will prosecute, and
that Mr. f.. Fl. Busbee, Col. I. NJ. Argo.
Mr.. Frank /. Osborne and Judge w. p.
Bynum will defend if the House sus-
tains the committees report and the
case goes to the Senate.
The News and Observer is this morn
ing able 10 lay before its readers the
evidence taken by the subcommittee
appointed to Investigate the facts and
the law involved in the resolution to
impeach Justices Furches and Douglas.
This is the first and exclusive publica-
ton of this evidence, and il will be read
with great interest by the people of the
state, as i; is the ground on which the
sub-committee found in favor of inn
peachment and the full committee
adopted its report
This evidence has been ordered print
ed in pamphlet form FOR the use of the
members OF the House, who must vote
on the resolution next Thursday.
Evidence in the Impeachment proceed
ings against D M Furches and r. NJ
Douglas, Justices Of the Supreme Court
Of North Carolina
Examination Of Thomas S. Kenan, Clerl
OF the Supreme Court. by Mr. Allen ant
Mr.. Graham.
Q. Have .ou the transcript Of the re.
cord IN the case of TheoDhilus White VS.
Hal W. Aver, Auditor?
a. / have
@. VIII -ou let us see it2
A. Yes. (Mr. Kenan brings the record
5ah fg
Q. This writ was issued on the I7tl
day of October. | believe?
A. Yes.
O. State by whom this writ was ordered
a. By the majority of the Supreme
Court Mr.. Kenan brings the record o
the Minute Docket of the Supreme Cour
Tor September Term. 1900, and refers Il
pages 100-102, where the letter OF plain
Til attorney to the clerk, to issue th,
Daper, and the writ are recorded.)
@. Did you have any conversation Will
any of the judges about issuing this writ
A. ] did.
O. With whom?
A. with ell of them
O. Did any of them tell you out o
court to issue the writ?
A. Yes but acted on the advice givor
in court
Q. Did you have anv conversation Will
Judge Clark about it?
A. Yes
Q. State the substance of the conversa.
tion.
A. He told me not to issue the writ
II was matter that had become very
important The result of the whole mat
ter is on the record that have exhibited
q. Who drew this writ?
A. | did. from form drawn by Judge
Furches. Cat this stage Mr. Kenan pro
duccs the original draft called for BY
the committed
q. Where was the draft given to you
A. In M office.
q. He'd @ou ever seen 1t before?
4. No; had never seen it before
There was a type written writ drawn b.
plaintiffs attorney, and he left it witt
me. | delivered it, with plaintiffs attor-
ney's letter, to Judge Faircloth, in my
office. on October TO- or IL. He NIGH
have supposed / drew 1t. The next morn
ing the above draft was sent me in 1t.