The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-04
THE RALEIGH TAXES
Up BY DEPOSITION
c, D. Arthur On Stand the
Entire Day.
MANY LEGAL CLASHES
The Plaintiffs in Tax Irjlac ion Case are S k
ing TO Prove an illegal and an Unfair
Assessment in Raleigh
Ttwaship.

The tax assessment of Raleigh township
had full days hearing yesterday before
Mr.. John w. Hnsdale, Jr., commissioner.
This was under an order from Judge
PEBBLES, who some time ago ordered that
the dispositions be taken of the Assessors,
Messrs. c.. D. Arthur, A. E. Glenn and
e. NJ Martin, Chairman Green, of the
County Commissioners, Register of Deeds
Bernard and Mr.. John C. Drewry, these
to be used in the hearing of the injunc-
ton before Judge Ferguson in Hender-
son on the 18th of October.
The plaintiffs in the injunction against
the levying of the taxes on the assess
ments made were represented by Messrs
c. M. Busbee, r. H. Battle, E. P May
nard and Perrin Busbee, while the county
was represented by County Attorney B.
NJ. Calling and City Attorney W.. L..
Watson.
The hearing was in the office of Messrs.
Hinsdale and Hinsdale and was begun
with q request by County Attorney B.
M. Gatling for the exclusion of the
public, the reporters and all persons not
interested in the case, as he did not think
the matter should be made public. This
was opposed by Mr.. c.. NJ. Busbee, who
said it was a public matter and should
be opened to the public. The motion of
Mr. Gatling was not allowed The request
of the counsel for the plaintiff for the
presence of but one witness at time was
allowed despite the objection of Mr.. Cat
ling, which was overruled. '
Then the defendants objected to the
taking of derositions claiming it to be
illegal, as the hearing was not seventy
five miles from the residence of the wit
nesses and held there was no law for
this, and that the proceedings were not
heard on evidence, but could be heard on
ex parte affGavits These contentious
were made both by Attorney Calling and
Attorney Watson, but were overruled
The defendants consented that the deposi
lions be taken by a stenographer, and af
ter being typewriter and read by wit
ness then to be signed.
Then the hearing began, with Mr. C. D.
Arthur as the first witness He was ques
toned by Mr.. C. M Busbee, whose ques-
tiOns showed that their purpose was to
show discrimination and illegality in the
making of the assessments in Raleigh
township. To these Mr.. Arthur responded
freely and fis answers were such as to
show that ne felt that in making the as
sessments complained of he was acting
strictly with the law and that he had adj
hered to the provisions of the Machinery
Act with regard to obtaining the value of
the property assessed.
The opening questions were relative to
the card published in the News and OBJ
server of September 20. 1903, which Mr..
Busbee said was an attack upon the at
torneys for the plaintiff Mr. Arthur
said he wrote the article. but did not
consider that 1T was an attack as it stated
facts taken from the abstracts. Counsel
for the plaintiff asked to be allowed to
cross examine Mr.. Arthur as a hostile
witness and this was granted, the objec-
ton of Mr.. Calling being overruled.
Here there came a lively tilt between
Messrs Busbee and Calling concerning the
article in the News and Observer Mr.
Calling wanted it in as evidence intro
duced by the plaintiff and to this Mr..
Busbee objected Finally the article was
admitted by Commissioner Hinsdale and
filed, not as subsequent evidence, but SIM
ply as showing the bias of the witness
who wrote the article
In response to the question as to who
assisted him in preparing the article, MI.
Arthur said he wrote it and carried it to
Mr.. Armistead Jones and asked him 70
look over it, which he did and revised it,
that he then took it to Mr.. E. E. Britton
of the News and Observer for publication,
and also showed it to Mr.. C. R. Lee, who
assisted in getting the facts from the alb
stracts.
Then Mr.. Busbee examined Mr.. Arthur