The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-23
A GREAT SPEECH.
CONTINUED from First Page

eXpCunded Dy MAJ. Guthrie. He con-
tinued
HE gets up here and says: we
don't deny that Hoke VS.. Henderson is
law, but these judges have stretched it
too far Now listen, Senators, listen
now listen, and I'll show you that he
made the most ridiculous argument that
a man ever made who had license to
practice law
THEY ARE OUR JUDGES
Here the speaker went off at tangent
in lecture to young men fresh from
Blackstone talked to Senators about
carrying home 'ou- consciences and our
self-respect," and evidently forgot the
proposition with which he originally
started out, for when he brought up
again in his argument he was calling the
defendants cur Judges" and saying:
"They are just as much my judges as if
had voted for them and helped to an
noirt them into Office
Now turning to the reporters present,
he said: 1.-THE papers tomorrow will say,
Capt. Cookies speech in impassioned ora
tory and forensic eloquence had some lit
tie value, but it did not amount to much
as defense
lHlS SUBJECT was uISlulSStu Will buI
I'll come to that directly" and the speak
er then went on to say: IF | could just
go all over North Carolina and wake up
the people, they would say, You have
gone as far in revolutionary measures as
you shall 60 Thus far and no farther!' +"
Capt Cooke said Judge Montgomery
was the friend of his boyhood. "He diff
fers from me politically, and if he is to
! be believed he differs from the rest of
the world. unless it be the gentleman
who has just spoken (Guthrie.)
The decision in Clark VS.. Stanley, 65
N. c., 66 was now read, and the speaker
asked
''Well who wrote this Not Judge
Montgomery, nor Judge Clark, but Judge
Pearson But 1t will be@in the newspapers
tomorrow that Pearson denied the writ of
habeas corpus. Perhaps he did, but there
is no man in the Senate-no | will not say
that-I'll say no lawyer in the Senate,
and no man who ought to be in the SEN
ate, that will deny to Judge Pearson that
place which has been given him as one
of the greatest judicial minds the State
has ever produced.
NOT IN THE LAW COURSE.
minute, it may be, of some value to
you. You won't get it in the law course.
You'll have to get it like l got it. |
want to. read you an extract from Gotten
VS.. Ellis
But he couldn't find the book. and
after, considerable search for it, he said:
well, I'll tell you what it is. It's not
in the organic law-there's no use putting
it there. A subject can't sue his
sovereign But listen! They said that
whenever sovereign had contracted a
liability and had made provision for
it's payment by an appropriation and that
appropriation and that liability remained,
the claim is enforceable against the
sovereign Now have / made myself
clear? That's Gotten vs. Ellis
The speaker now read the section of
the Constitution regarding claims against
the State and explained his idea of what
constituted claims against the State.
Half the seats in the Senate were now
empty and looking over the desert of
shining chair backs, Capt. Cooke smiled
and said:
Il think now I must have satisfied the
Senate as to the soundness of my argu-
ment Then he became serious again and
exclaimed
I'm not afraid of this Senate upon
THIS case. Listen. Senators. There is
not a lawyer upon this floor that doesn't
know that if this was criminal action
| it would be dismissed for insufficiency OF
evidence and il it were civil action
they'd non-suit you.
"But they say, oh we'll, that's alright
Mo OF ALRIGHT ThpV we are
coming now to what we are going to get
EN- on No you amt, either. If you
are going to repudiate Hoke VS.. Hender-
son, l ask you why you lay your hands
on these two judges and leave two others
on the bench. 1t was alright when you
were keeping DR.. Murphy in at the Nor
canton asylum; it was alright to keep
DR.. Kirby in at Raleigh, and DR.. Miller
| in at Goldsboro. And some of them were
represented by counsel on the other side
| But when the tables were turned, that
was quite different
ABOUT CAMPAIGN UTTERANCES.
| He apologized for Governor Jarvis
denunciation of the judges in the cam
paign and said he might have done some
thing of the kind himself.
when they got us in a close place VIC
usually tried to take care of ourselves
A man ought not to be held strictly i'm
possible for things he says in the fire
and excitement of the campaign.
He thought law that was good to keeT
| in Democrats ought to be equally good tc
keep in Republicans. He added that he
would not stand by and see Judge Mont
gomery attacked as he was on Thursday
when his testimony was impeached.
HE may have no party behind him, but
I'm behind him. He's my boyhood'
| friend, and want to put my disapproVba-
| ton on it. Whatever others may do,
| believe what he says. But | want to asl
why Judge Montgomery was not put il
| these articles of impeachment? He con
Icurred in every one of these opinions
Yet you just bring up these two men
But you never expected to convict them
and you know you didn't
| Now Capt. Cooke addressed his re-
marks to Judge Allen. seated in the
rear of the Hail. calling him 1.-The Hon.
orable Chairman of the Board of Mana
gers" and saying he wished he was
| closer to him. he would like to put tt
him few propositions of law
| Capt Cooke now came back to frs
/, principles in the case, and asked the Sen