The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-19

This completed the direct examination OF
Judge Furches, and Mir. Pou. for the
prosecution, took him in hand for cross
exaination. He asked
rs 1t not a well established principle
CT law that when a judgment for money
Is entered, that matter is standing IN
court until the judgment is satisfied?
Il don't so understand it,"
Are there not two courses open in
such cases: One to send it lack TO the
court below and let judgmen: there he
entered, the other to enter the judgment
in the court here?'
Yes"
(which is the more usual course?"
ITO send it to the court below
Am l to understand you to say that
the court did net direct Col Kenan to
issue the mandamus?''
CAS- a court we did not because there
was nothing before the court. AS ndivd
ual members of the court we did advise
Col Kenan that it was his duty to issUc
it,
"You said Col. Kenan seemed 10 he
much embarrassed over the situation and
saw you about it once as you came out
OF court. once at the Marlborough and
twice in court, did you not?"
Yes, but not until Judge Clark had
seen him and advised him not to issue
it. We had no trouble till after that
did you say that you knew that the
Auditor and Treasurer would not pay 1t
without WRIT"
"Col. Kcnan said that but / was not
Influenced by that. Then heard. too.
what Judge Montgomery said Mr.. Worth
had told him about Judge Clark S
threats
us there any rule against filing a
protest against any order that the court
might make?"
''None that | know Of This was not put
upon the ground that he had no right
TO flo q protest, but it was distinctly put
upon the ground that there was nothing
before the court and we were not acting
as court The court never made any
order in this case. 1t refused expressly
to do it. We advised Col Kenan as in
dividual members of the court"
.All opinions of the court are rendered
when the court is in conference are they
not?"
"Yes"
'Mr. Harris had filed written request
for a judgment with the clerk, didn' t
he?"
Il now understand he did. l didn't
know it then"
Il ask you if your election to Judge
Clark's protest was not at first that 1T
didn't correctly set forth the facts? ?"
II made that election to it, but the
ground on which it was ruled out was
that there was nothing before the court >
The witness, being asked in regard to
the erasures in Judge Clark's copy of
his dissent, said he didn't know howtlie
erasures happened to have been made.
He had never seen Judge Clark's copy5
and didn't think Judge Clark exhibited
his paper, but that he simply asked II
the other judges had received it. He
added:
1--WE old him there was nothing before
the court for him to dissent from and
nothing en- the minutes about which to
Protest
Don't you remember his striking out
there on the table certain things you OBJ
jected tor ass
mo. and I'm satisfied he did not do
it."
But you do know that Judge Mont
gomery said Judge Clark had filed too
many political opinions already?"
Something of that sort
You think then you simply gave ad-
vice to the clerk?''
I'VE expressly told the clerk It was our
advice and nothing more"
At this point the hour for adjourn
ment arrived and the court took recess
until 10 o'clock this morning, at which
time the examination of Judges
Furches Will be resumed