The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-24
DeWITT'S
Which Hazel
a v
a NYalI known c.lr.a FOR Piles

ASSPS'S - - - SSHtA = ~ ~~'b =
# -
come from public opinion when the tumult
Of this trial is ended save that reversal
which may come to your consciences. e
Il had rather go forth from this court
as one of these defendants with an un-
just verdict resting upon him than to go
forth as one of you who bestowed that
verdict upon him.
at was Aristides who said in Athens
of old: oh. Athenians, this thing may
be expedient, but it is unjust-unjust
MI Patterson finished his two and
half hours
JUDGE MONTGOMERY'S OATH.
On it's conclusion Judge Allen, chair
man of the Board of Managers, arose and
SAID:
''Mr. President: In the Morning Post OF
yesterday il is stated that the testimony
Of Judge Graham, Mr. Craig, Mr.. Spain
hour and myself as to the oath admins
tered to Judge Montgomery before the
House committee was offered to impeach
the character of Judge Montgomery
THE managers who were sworn recol-
lect the oath administered as stated, but
the testimony was offered not to impeach
his character but his recollection In
other words. he remembered 1t one way
and we another. Judge Montgomery Of
fered before the House committee to re-
peat the conversation with Judge clark.
but stated that he preferred not to do So
as it was unpleasant, and he was excused
froT repeating it.
This statement is made at the request
of Judge Montgomery, and because we
have no desire to unnecessarily wound
the feelings of any one
Capt. Cooke, of counsel for the defense,
arose. and with some show of feeling
said
1T was offered to impeach the testi-
mony of Judge Montgomery. You may
withdraw it now. but that was the object
of il and when we objected to 1t MI.
watson so stated and on that ground II
was ruled in. l protested then and
protest now. This aspersion ought 10 DC
taken off the character of man who mas
to sit en- the bench of the highest courl
in the State, and at the proper time
shall ask that it be stricken out.
Court now took a recess till O'Clock
GEN. DAvIDSON'S SPEECH.
At the afternoon session of the couft
Col. Theo. F. Davidson, for the prose
cution and Mr.. F.. FL. Busbee, for the
defense.
Col. Davidson said both his physical
condition and his inclination would lead
him to be brief in his remarks he
continued:
senators. we cannot conceal from
ourselves if we would and we should
not if we could conceal from ourselves
the fact that We are facing great
crisis in our State. The cloud which
twenty-five rthirty years ago was nc
bigger than a mans hand has spread
over the whole political sky. The crisis
has come, and perhaps it is wen that
# has come now The political events
of last fall has left the State in a con
dition of peace and calm and TINS Is
therefore propitions season FOR the
settlemen of this question.
Thoughtful men all over the country
have been watching with increasing un-
easiness the, growth OF the JUDICIARY
the gradual encroachment of that de-
partment of government on the other
departments. In the press, on the lee
ture platform On the hustlings men VINO
are giving thought To public questions
have sounded the warning. And IT mas
come about, Senators, that here IN
North Carolina this question should
frat be met and settled. 1t is not the
first time North Carolina has been IN
the forefront in the settlement of great
questions.
Col. Davidson spoke in highest terms
of the Judiciary, declaring that ne
would yield to no mar in his reverence
for the ability and opinions of the IL
lustrious men who have been upon the
Supreme court bench.
But. Senators, their glory was thai
they knew their positions, they kne"
their powers and they judiciously KEEP
within those powers. The Judiciary Is
not greater that the Executive, the
Executive is not greater than the Ju'
dietary, and, the Legislature is the
equal of one and each.
I'VE hear much of the independence
of the Judiciary. independence o.
| Observation-Disclosures of what? Ihe Jul
dietary is no more independent than the
| Executive or the Legislature Wha'
| the trainers of the Constitution INTEND
| ed was that no one Indll-no one set ol
| men--should exercise the functions o.
government. These coordinate depart
ments are interdependent and must re-
| ly on one another II was INTENDED U
create a harmonious system of govern
ment and not one with its departments
| in conflict with each ether.
| Instantly you begiE to talk aoou
the independence of one or the othel
you have suggested conflict ana VIII
conflict there comes what you see mere
| today.
"This has been said to be govern
ment of laws and not men. Ihose ld"'
are open and accessible to all people
That is the ideal form of government
A declaration of principles ana the en-
actment of laws in conformity there
4 with But recently there has sprung
up in this law a new system known a.
/ Judge made laws Il is unuer ina
statutes have been ignored, tnat new
laws have been written in the oecision'
| of the courts that find no eApreSSIoii'
1 in the legislative acts Ihis - jug
made laws-that which has suoNelIe'
the will of the people expressed oy tllel
representatives an dir is TINS Juuse
made law that has brushed asiue 'ii'
] declaration of principles set ioith II
/ the Constitution.
i T nv