The Caucasian. (Clinton, N.C.) 188?-1913, 1909-06-03
ARGUMENT BEGUN.


at the nearing.
Judge Bynum's testimony amounts
TO nothing. IL Adams had made $685.
900 out OF coal mine deal AZ By
mum says he told him he did. how
could that Justify charge of bribery?
The banks OF Greensboro have been
searched but nothing found. Depos-
its for 1s months prior to his COM
ing Judge Of the Indian Court were
greater than any period OF his life.
Will you take testimony Of men like
Webster Balinger and Laughing Joe
Johnson or that OF a man like Judge
Weaver?
The fee of $4,000 for the court
lawyers was very moderate, being |
only 1-2 per cent OF twenty million
dollars they saved to the Chickasaw
and Choctav nations, Chief Justice
Hill, of Arkansas, said 8 per cent was |
a fair fee.
Justice Warns Things.
Opening for the defense, Mr.. JUS
tice said the only object of argument
was to point out the evidence. to
correlate facts which simply amount
ed to nothing but taken together
would form a conclusive chain OF
guilt 1t Is unfortunate for all par
ties in trial that the case ever got
into court. Judge Adams was the
| real prosecutor. The title of the
case ought to be Adams against
Marion Butler, thus saving the State
and county a great deal of costs.
| What defendants are charged with
publishing against Adams was moth
| ing like so bad as what disinterested
witnesses had sworn against him.
| Whatsoever your verdict might be,
it cannot vindicate Adams. The
charges that have been made are in
permanent official records of Con-
gress, long before Butler Is accused
of having said thing about it.
i Why didn't Adams and his expert
lobbyist, Assistant Judge Weaver,
have an investigation. The State
must show beyond reasonable doubt
that these defendants, Marion and
Lester Butler, actually published this
|
ruption of Adams is circumstantial
, Ithen evidence in Buffers connection
with The Caucasian must likewise be
, circumstantial.
Mr. Justice here argued at consid-
cradle length that the arguments de-
3 duced in this case were not suff1ci
= ent to show that the Buffers put the
| of
must show this beyond reasonable
doubt, and has failed to do it. Sew
: eral authorities were here cited tt
e prove this by analogy. The corpo
ration may be liable but not these
defendants individually. Smiths ties
: timony is not sufficient to connec
ISenator Butler with this publication
Mr.. Justice here read Smiths testi
mony to the effect that this charg'
q was published broadcast all over tn
? country for a month before Butle
9 sent down an article. Smith did no
# connect Butler with the particula
r article In this bill of indictment. TIL
4 other circumstances upon which tn
n State relies is the admission of tn
ling. This admission only shows tina
Senator Butler is connected with TIL
1t Caucasian corporation and not wit
q the publication of the article. TIL
admission If made merely for tn
purpose of preventing continuanc
and not for the purposes of the &C
u ton would not bind the defendants
d Justice Argues Justification.
II Mr.. Justice then addressed himsel
to the justification and truth of tn
charge on the libelous article. TIL
e truth must be proved to your salts
y faction. The essence of the charg
is that there was a corrupt deal be
tween the court and the firm of al
ia torneys. The Joins matter was
~ mere step toward this. Withou
1t malace with only sorrow and regre
D. 1 undertake to show you the truth G
.r these charges:
The first step in this scheme wa
in July, 1902, when a trio of lobby
lists, adventures from Arkansas an
IN Texas named McMurray, Mansfiel
r and Cornish, had the Citizenshi
70 Court bill passed. Mr.. Justice her
" fiercely denounced lobbyists and thei
Re motives. He said that the knew tn
: sort of men they were going to &c
when the court was named. Whe
s. the court meets it holds that a fu
Up blooded Indian, the grand-daughte
10 of Chief La Flene Green, isn't 81
- titled to enrolment because she di
not swim the Mississippi in tim,
re- while they admit an adventurer lik
~ Alfalfa Bill to enrolment. This wa
poor way to cure the fraud that til
Dawes Commission and and the Di'
trict Courts of the United States ha
lperperated. The slime Of these a.
1torneys' trial run through it al
These same attorneys have been IL
q dicted with the Governor of the Chi,
Ia kasaws for defrauding the Indian
g. out of $4,000 expense money. Th
n District Courts had already passe
e, upon the claims of about 1000 claim
" ants. The various secretaries of th
ID interior had numberless times d.
cided that these claims were valit
r. even though notice of the claim ha
r, been served on only one Of the II
y. dian nations; the District Courts an
Ill the Supreme Court had decided
lie this way. Yet when the test or Rio
Id die case came before the Citizenshi
NJ fhok 10