The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-19
OPENING SPEECH
FOR THE Defense
Judge Bynum Outlines the
Judges Position.
LAW WAS NOT VIOLATED
If it Was Violated the Violation Was
Not Wilful.
A LONG LINE OF DECISIONS IS QUOTED
It's Argued That White Was Entitled to the
Office and That He Discharged Its
Duties and Vas Entitled to
the Salary.

the Salary,
The case for the defense in the i'm
peachment trial was opened yesterday
with carefully prepared argument by
Judge w. P. Bynum. Jr.
He spoke for exactlvy three hours,
lacking ten minutes. He reviewed the
charges against the judges. directing his
attention especially to the legal points
involved.
There are two queStions in the case,
he said. First. have the judges violated
the law; second, if SO was such viola
ton wilful.
decisions that they had not violated the
law, and then argued that even if they
had done SO the violation was not wilful
or influenced by. improper motives
Judge Bynum is a man learned in the
law. His ideas are clear and his sent
ences clear-out. Besi.les be is an ora
tor His voice is musical and he has
singularly strong and attractive person
aIity. 1t was therefore no hard matter
for Senators and the crowd that throng-
ed the galleries and Hobbies to listen to
him for three hours.
He began with a reference to the i'm
portance os the case on trial, both to his
clients and the State. Continuing, he
said:
JUDGE BYNUMS SPEECH.
"The learned counsel with whom ! am
associated, have directed me to speak
the first word in the defense of these re-
spondents. l am to speak to the Senate
OF Ncrth Carolina sitting as the Ultimate
Tribunal OF the State, presided over by
the Lieutenant Governor, IN behalf of the
Chief Justice and an Associate Justice
Of the Supreme Court, who have been ar
laigned before you charged by the House
Cf Representatives with the commission
OF high crimes and misdemeanors in Of
fee In a controversy of such vast i'm
pCrtance-to the accused involving their
reputation their honor and their future
usefulness, and to the State the freedom
and independence of its Judciary-it is
natural that I should feel some embar-
rassment in assuming this grave and re-
sponsible task. But the wish of the re-
spondents and their counsel commands Ley
utmost obedience and l, therefore, fasten
to the performance of the duty which
has been assigned to me.
II shall not enter into details of the evil
dence which we expect to lay before you.
Suffice it to say that upon the law and
the facts as they shall be developed upon
the judicial merits of their case, upon the
duties incumbent on them by virtue of
their Office and their honest endeavor TO
discharge those duties, these judges rest
their defense. And l ask each one of
YOU to listen TO me with that patience
and attention which ! cannot hope to
command by any efforts of my own, while
open to you as plainly as l can what
that defence IS.
THE honorable manager who opened for
the prosecution declared in the beginning
OF his address that strong influences had
been employed to divert the minds of
Senators from the real issue involved in
this trial and to create the belief that the
ueople of the State do not approve of this
proceeding; and that such influences and
suggestions could in every instance be
traced to those personally interested in
the defence
Mr. President in view Of the situation
Of the respondents and the complexion of
that body in which this proceeding ori-
ginated as well as of this before which
it is to be tried the statement of the
learned manager to say the least, sur
prising. Charged with grave offences, sus-
pended by operation of law from their
high positions, with only handful of
friends in either branch of the Assembly
while the friends of the managers are
dominant in both, it is difficult to discern
how the strong influences to which the
honorable manager refers could exert
their power No considerate man will say
that these judges have sought by word or
deed to prevent calm. fair, judicial con-
sideration OF this case. That the real
qeustion be unobscured; that party spirit,
political schemes and foregone conclu-
sions may be abandoned; that there may
be held here trial in which impartial
justice, according to the constitution and
the laws, shall be administered, is their
hope and their reliance. The testimony be-
fore the House Committee relating to
their official conduct was published and
eagerly read throughout the State. If
upon reading it the fair and impartia
people OF this conservative commonwealth
have felt constrained to declare their
firm belief i nthe integrity and innocence
of these judges. they should not be blam-
ed nor should the managers complain; for
the conviction even of the guilty is not