The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-17

stood that the question of the admissa-
bility of expert" testimony be passed on
later.
Mr.. Rountree. of the Board of Mana
gers: at has been ruled that deposit
| lions are not competent in Impeachment
| trials"
Captain Cook said he took it for granted
that the other side would waive all ques-
| ton as to time required for notice.
| Mr.. Busbee: I'VE waive nothing at
ALL
Captain Cook said he would then APP
peal to the court to name the comms-
sioner and fix the time.
Mr.. Busbee: at is we'll established
rule that no depositions can be taken az
| ter court begins. The witness must De
examined face to face with the court.
Captain Geek argued that this was not
the case in criminal trials and he thought
an impeachment was in the nature OF
criminal prosecution. He therefore sug-
gested that next Tuesday be fixed as the
day for taking the deposition
The President declared that under the
rules he could not allow this as the other
side waived no rights.
TO TAKE DISPOSITIONS.
Senator Henderson thought he could
settle it by resolution which he sent
forward providing for the taking OF the
deposition of Judge Bynum on Tuesday
next the Managers being represented by
counsel and examining the witness,
such deposition to be subject to all ex-
ceptions.
The Senate adopted this, there being
only one vote against it.
Mr.. Osborne, for defense, named Mr..
Chas. w Tillett as the commissioner to
take the deposition.
State Treasurer b. r. Lacy was now
sworn. He produced the warrant issued
by the Auditor upon tho Treasurer for
$S3115 in favor CT Thecphilus White, shall
fish commissioner. This warrant he read.
Mr.. Long, of counsel for defendants,
asked the witness if he could swear TO the
handwriting on the warrant. He couldn't,
but he thought lit the writing of Chief
Clerk Rivers, by whom it was signed.
Then" said Mr.. Long, eve object to
it as incompetent"
On further questions from the prosecu-
ton, Mr.. Lacy said the paper was found
among the records of the Treasurer's Of
flee and had the stamp of the Auditors
office on it, and was regularly made out
The President ruled that the warrant
was competent.
Mr.. Long, however, continued his ar
gument, and Senator London arose and
said: 81 don't want to be discourteous
but there is nothing before the court, the
President having already ruled on the
question
Mr.. Long, however, insisted on stating
more fully his objections, which he was
allowed to do. When he had finished, ex-
animation of the witness was resumed.
The stamps on the paper and the en-
dorsements on it's back were read.
This completed Mr. Lacy's evidence
and the next piece OF evidence offered was
the resolution adopted at the special ses-
sion of the Legislature, lin June, 1900)
appointing committee of inquiry in re-
gard to the payment Of money, out of the
public treasury to Theophilus White
This resolution was ratified on June 14th
and the committee appointed was ]. B.
Gilman, of Iredell, and j. S. Davis, Of
Haywood
The Laws Of 1897 and 1899 relating to
the oyster and she'll fish industry were
called to the attention of the court, and
notice given that they would be used in
the argument.
WHITES ACCOUNTS.
The next witness sworn was State hu-
dtor B. T.. Dixon. He was asked to pro-
ducc all papers in his possession relat-
ing to the claims Of Theophilus White
This he did and in reply to inquory from
counsel he said they had been found in
the files of his office.
Counsel for defense objected to the in
PRODUCTION of these papers, on the ground
that they were incompetent, being in no
way connected with the defendants.
Major Guthrie, for the prosecution. said
these papers simply proved that the Au-
ditor and Treasurer did just what they
were ordered to do by the court
Mr.. Osborne. f~~ the Defense argued
that it didn't make any difference wheth-
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