The Caucasian. (Clinton, N.C.) 188?-1913, 1909-05-27
FIFTH DAY OF TRIAL
Continued from Page ID
Weaver On Stand After Congressman
Stephens Leaves City.

Weaver On Stand After Congressman
stephens Leaves City.
Ex-Judge Poulter Weaver. of the
Citizenship Court of Springfield. Ohio.
being recalled, testified:
have no recollection OF that part
Of the conversation with Congress
man Stevens, in which he testified
that he told me he believed our court
was corrupt, and the statement from
him that replied. 'that Is hard to
take" and he retorted, well there
are two OF US here" He did say
TO me when / was introduced to him,
20, yes. / know you now. You are
one Of those fellows sitting on that
corrupt court, that Is cheating the
Indians out Of their rights out there"
| told him that If he made any such
charges, he either had no regard Tor
the facts. or was not stating the
truth knowingly. Congressman Coop
er. OF Wisconsin, entered at that time,
but Mr.. Stevens did not make any
movement to approach me nor to re-
ply, Dul lclt the room.
Trips to Washington.
On conclusion Of the court Judge
Adams, Judge Foote and myself went
to Washington to make our report
to the President and the Indian De-
partment. This was in December,
1904.
In 1905, at the request OF the De-
partment We went there again, and
filed an affidavit In the Injunction
case brought by Webster Ballinger,
concerning the statement of United
States Marshall Hackett that Judge
Adams used profane and obscene Ian
guage at the time of the Hunter-Mc-
Curtin forces fight over the Governor
ship, and ordered the marshal to
turn out the d scoundrels." Judge
Weaver stated the marshal, applied
to the judges present, who were only
spectators, to advise him az lawyers
what was best for him to do. Judge
Weaver stated he told the marshal,
what was the law in Ohio, and the
marshal replied, that Is not Choctaw
law" Judge Adams made no reply
whatever.
The cases coming before the Citi-
zenship Court were largely the dregs
of those Of the Dawes Commission.
They consisted OF cases which had
been denied by the Dawes Commits
sion, On being admitted by this COM
mission were refused by the United
States Court on appeal. There were
no opinions filed by the Dawes Com
mission, simply the endorsement, IRE
jected" or admitted" on each ap-
plication. The Citizenship Court, not
only had all the evidence taken by
stenographers in each case, because
being no appeal, We felt that it was
only just that the evidence in every
case and our reasons for our action
should be preserved. 1t entailed
great deal of extra work.
Cross-examination
When Congressman Stevens spoke
of the court being corrupt 1 told him
that he either did not know the facts
or he lied. I might have said he
was not promulgating the truth, but
he must have understood that meant
he lied. 1 had forgotten about this
occurrence when l was asked about it
ON my direct examination, and my
recollection was reminded by hearing
the deposition of Mr.. Stephens. [ do
not carry malice. I know Mr.. Stew
ems left, when l put my hand on the
table and told him what I did. He
left. Yes, he is Texan, too. When
[ stated in my direct examination
that I had never heard Of the court
being charged with corruption, I had
forgotten all about this conversation
with Congressman Stevens.
Since the beginning of this action,
have become acquainted with the
fact that Congressman Stvens had de-
livered speech on the floor of the
House, in which he had said some
very hard things about the court, but
brought no specific charges of cor
ruption.
l have not sued Congressman
Stevens for SANDER for what he said
In the alcove in the library In the
presence of another. I am a man of |
peace. Judge Stevens was angry. ii
considered the source and of course
would not bring suit against him for
libel.
If I had been bribed to give an
enormous fee to the lawyers would |
not admit it.
Had I accepted a bride as a Judge |
would have done one of two things |
deny 1t, or do like Judas Iscariot, 20
out and hang myself.
Judge Robinson: Had 1t occurred |
to you that by this course the money
would get scorched?
Judge Weaver: "Oh not at ALL"
The State here offered as evidence
he affidavit made by Lester F. Butler
asst Wednesday for continuance of
his case, on the ground that u. s.
Joins was very important witness
Ind was not present, but was expect
ID. 1t also introduced notices by de-
to take dispositions of Joins
Oklahoma, and such deposition |
vas not taken, nor has witness been
Introduced.
ID. II. Collins. Preliminary trial of
Suffers in Justices court was held by
myself and Justice of the Peace F.
". Wolfe. On that trial the prosecu-
D.