The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-05-08
M'1LWAINE SCHEDULED
TO WIND UP DEBATE
If Cogbill Report Prevails. the Case
Viii Be Taken Up on its Merits.
the Legal Cobwebs Having
Been Removed - Friends
ofAccused Judge May
Filibus.er for Him. "a

yesterday, aggregating four hours, dur
Ing three OF which the time was con-R
sumed in discussion OF the two resolu-
tions from the Committee for Courts OF
Justice In the Campbell case. It was \
p. NJ. before the special order was taken
up. the morning hour being devoted to
the usual business. AS soon as the spec
cia order had been entered upon Mr..
Harman, of Tazewell, who had the floor,
yielded to Mr.. Walker, of Westmoreland,
who was the drst speaker OF the day. In
Z the afternoon session, which began at a
and continued until 8, air. Walker re-
ssumed and concluded his speech and was.
followed by Mr.. Harman, Of Tazewel.
who spoke for about forty-flve minutes
He was followed by. Mr.. Anderson. OF
Richmond city. who made a legal argu-.
ment for the Cogbill report and NJ his (
amendment thereto. When he had con-
cuded 1t was quarter Of 8. and as no
one wished to speak far hfteen minutes
and resume to-day, the remainder OF the
time was spent In an effort to agree
upon the hour Of meeting and ndjourn-
ment to-day. It was finally determined
i to meet this morning at 10 O'clock and
after the morning hour resume the ar gu-;
&ment on the pending special ord er. va cat
ling the chair at2 until 4 P. NJ. and res
5sun,ing then and continuing as long as
the body may deem necessary or desIr-
able. The speeches In the case WI he
resumed at II o'clock and will occupy
the rest OF the day..
Byars Speaks Day &
Br. Byars, OF Bristol city, had the floor
at adjournment yesterday and will there
fore be the first speaker when the body
convenes to-day. He will be followed by
Mr. Sears, OF Mathews who will close
the debate for the coghill report and
then Nr. AIcIlwalne will close the casa
Others may decide to parti cipate in the
debate, and II so their speeches will pre-
cede those OF Messrs.s Sears and McIl-
walne. who will close the case for their
respective sides, Mr.. Sears will probably
make the most elaborate argument vet
offered for the Cogbil report and Mr..
report drawn by himself. Mr.. Mc1l-
waine has been carefully preparing for
his argument on this question on which
he has very decided views. and will make
z legal argument In support Of the va
rio,rs propositions outlined in the report
He will take UP seria tim tha speeches and
arguments OF his opponents on tho 'ssue
and combat them. When he concludes II
is expected that vote win be had on the
various propositions embraced in the
scope Of the discussion
Probable Attendance.
There were present yesterday only
those who were in their seats the day be-
fore. Mr.. Whitehead, one Of the signers (
OF the McIlwaine report. Is among the
absenteea, and Mr.. Cromwell Is also out
OF town. Mr.. Cromwell Is said to be
on the McIlwaine resolution, he favor!ns
and hls pair opposing the resolution.
Several OF those who are counted among
the advocates of each resolution are not
In accord with the others who share their
view In several details. There will hardly
be more than thirty-five votes, and pos
slhly only thirty-four; certainly In the
event that the pair referred to Is main-
tained. None Of the other nbsentees is
yet paired.
Mr.. Walker made a strong legal argu-
ment In support of the Cogbill report.
of which he Is one of the stgners. Ho
oontended for the regularity OF the House
procedure and that the Senate need only
concur in that action, Mr., Walker even
went 50 for as to contend thai the Gen
eral Assembly might remove. wlthout 7
cause. In Its discretion.
Mr.. Walker opened by saying that the
record and proceedings were not only In
accordance with precedent but that the
evidence In this case was plain and clear.
Gentlemen on the other side OF the uues-
ton had cited authorities which. to him.
had no bearing on the case IN point.
He contended that In the proceeding It
was cDmp.tent for the Senate to act
committee. He did not believe thai It
was Intended by the gentlemen who drsw
what IL known as the McIlwaine report
that Il was intended to convey the inl-
preston that 1t was Incumbent or neces-,
sary to rehenr the evidence or to notify
the accused OF charges pending. That
impression had found Judgment In the
minds of many Senators, but he did not
think IL was intended by the gentlemen
who drew the report.
Mr.. MoIlwane. of Petersburg. arose
and said that he drew the report and that
he Intended to convey Just that idea
that bsfore the Senate could act the eyt-
dence would have to be heard by coni-
mittee OF the Senate
The Case of Shumate.
Mr.. Walker resumdd his argument.
quoting from the procedure In tho case
against shumata. The questions arising
In that case. said the speaker. wers not
involved. In the case OF Shumate there
was no personal service, while In thM
en- SO the service had been accepted MT, y
Walker quoted largely from the record
In the Shumate case, In which judge
Grimsley. Senator Daniel, Judge Card
we'll and other celebrities participated.
He believed that 1t was competent for
the General Assembly to rsn,oyea juGgs
without giving notice. Dir, Walker con.