The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-16


PENDANTS can be held responsible fol
something of which they had no knowl
edge and with which they had nothing tt
do
Mr.. Watson told of the irregular man
ner (which the case was made up or
appeal
1T was tried in Wake. The judge left
and went to the First district. The facts
were agreed upon by two of the attor-
neys, an affidavit was made by the Audi
tor and Treasurer before the Governor
private secretary and the whole thing
hurried off to Perquimans o somewhere
else; got them back--not through the reg
ular channels of the courts, but some
how. and then into the Supreme court
where there seems to have been won
derful unanimity and agreement among
all parties concerned. 1t was Wonderlul
and most unusual performance
Judge Bynum objected to this line OF
argument on the ground that ne was stat
ing testimony that he had failed 10 get
in under the rules, and that 1t was not
lust and fair to his (Bynum's) clients. lie
added
1--WE object to anything that trans
pired between this counsel and anyone
else. These defendants are responsible
for what came before them and nothing
else
The President ruled the question out,
holding that the transcript of the record
was the best evidence.
This completed Mr.. Harris direct evil
dence He had now been on the stand
exactly an hour. though most Of the time
had been taken up by the lawyers . in
discussion of the admissability of evil
dence that aounted to little in either
case.
Cooke for the defense.
'You say that at the time the facts
were agreed upon Mr. Cooke was not in
Raleigh"
'Thoy were agreed upon by Mr.. Bus
bee and myself"
why had you delayed so long asking
for this writ ?"
Mr.. Watson: "That is the very ques-
ton that was asked by me and you said
it showed intent"
The President ruled that it was com
petent provided the question of intent was
not brought in.
Captain Cooke: "The decision was rem
dered in May. What was in the way OF
your moving for a mandamus at once?"
There was this in the way. There
was much delay in getting the accounts.
Then they were incorrect and had to be
sent back. They reached me in correct
form only a day or two before went be-
fore the court
What members of the court were pres
ent?"
"All of them"
Didn't either Chief Justice Faircloth
or Justice Furches tell you that notice
must be given to the other side?''
Yes
Didn't they tell you it must appear
that the clerk of the court below had
refused to issue the mandamus ?"
No, l don't think they said anything
of the kind
Didn't Judge Montgomery tell you in
the presence of the court that there was
nothing for the court to act upon and
you'd have to go before the clerk?"
sIsthink he did"
Did any Judge present make any OBJ
lection to what was said there?"
81 heard none"
Did not the counsel for the Auditor
L
on his opening argument that it was the
object of the Auditor and Treasurer to
obtain the opinion and instruction of the
court as to their duties in regard to the
payment of Whites salary; whether he
was entitled to it or not-that they wished
to protect the Treasury, as it was their
duty to do, but not to interpose any fac
tious opposition to the payment of his
ADD IMPEACHMENT-TH
SALARY if, under the law, he was entitled
to it?'
That in substance was said by Mr..
Busbee."
did you ever have any conversation
with either one of these defendants touch
ing this matter?"
only the conversation with Judge
Douglas at the corner of the capital"
Did you have any correspondence with
them?"
No"
Didn't you file with Colonel Kenan
the form OF the writ you thought you
were entitled to-"
'T ~
This completed the cross examination
and Mr.. Watson took the witness in hand
for redirect examination. He asked
''Then there wasn't much of fight be-
fore the Supreme court them?"
THE only question was as to the
amount
"Then it was sort of a ride for a
fall?"
Il don't know about that"
Captain Cook; "Will you repeat that
question l didn't catch it. 1t appeared
tc be something classic"
Mr.. Watson: "No it was just noun
tain
TIE examination of the witness was re-
sumed. Mr.. Watson asked:
You say when you asked for the writ
Colonel Kenan refused to issue it,"
Eyes"
"And.vnn want AWAY nnad didn,t Won .