The Caucasian. (Clinton, N.C.) 188?-1913, 1909-05-06

Judge Adams Did Not Go on
Stand Before State
Rested Case.
TESTIMONY OF DEFENSE

Congressman stephens Deposition
Rcad-He Said it was General Re-
port That the Court Did Not Rem.
der Honest DecisiOns-His Speech
Made i'm Congress, in Which He
Charged Members Of the Choctaw.
Chickasaw Court With Corruption
Was Not Allowed to Be introduced
A. Evidcnce-Judge Weaver Cor
reefs IA Former Statement.
(By Andrew Joyner in Raleigh News
and Oberver.)
Greensboro, n. c., April 1.-Su-
pcrior Court convened this morning
for the second days trial of the in
dictments against Marion and Lester
Butler for an alleged Iibellious pub
lication on Judge s. B. Adams.
Judge Walter f. Weaver. an asso-
ciate of Chief Justice Adams on the
Chickasaw- -Choctaw Indian Claims
Court, resumed his testimony. Judge
mistaken yesterday when he testified
that Mr. Mosely was the candidate
for Governor against McLish in
1904, and that Johnson was elected
Governor in 1902 and was then act
ing Governor. He was mistaken in
that. The fact was, that Johnson
was the candidate for Governor in
1904, and was elected in that cam
paign. (The Importance of this cor
rectiOn can be seen from the fact
that one of the alleged false
and libelous charges in the news
paper publications is the allegation
that Judge Adams actively cam
paigned for Johnson and made a
bargain with one Joins that if he
Johnson a case would be decided in
his favor.)
Judge Weaver said that court was
not adjourned at any election to his
knowledge, and he had never been
anywhere around an election pre-
cinct.
Under objections from defendants,
witness then said that between three
and four thousand Indians were kept
off the rolls. The value of admis-
sion on the roll to each person was
about $4,000. The attorneys for the
Cornish, had a contract of 9 per cent
with the Indians Of which they saved
to them. This would amount to one
million, eight hundred thousand dol
lars. The court heard the case, took
all the testimony, in open court, and
when the three judges came to a
decision as to the fee to be allowed,
Judge Foote (now deceased) was in
favor of allowing the full amount of
per cent, which would be one mill
lion, eight hundred thousand dollars.
He, Weaver, was for one million dol
lars. Chief Justice Adams stood out
for half a million dollars. A COM
promise judgment was finally agreed
upon Of seven hundred and fifty
thousand dollars.
Cross Examined.
The State then announced that 1t
was through with the witness. The
cross-exa mination was conducted by
Judge Robinson. Under questions
Judge Weaver stated the various
public positions he had filled, be-
ginning with the prosecuting attor-
ney, then a member of Congress for
two terms, and various other posi-
tions until he was appointed mem
Der of the Indians Claims Court In
1902, serving two years in this ca
pacity He had lived in Springfield,
Ohio, since 1865 and was 58 years
old to-day. Judge Robinson next
asked him how much money he had
received in the way of compensation
for services in all these various posi-
tiOns of honor.
Judge Strudwick for the prosecu-
tion vigorously opposed answer to
this question, but Judge Long per-
mitted it.
Judge Weaver then enumerated
the amount he received each yeal
for 16 years of public service and
the total was $41,700.
He said he did not know person
ally that Mansfield, McMurray &
Cornish were getting a regular sal
ary of $4,000 year as regular at
torneys for the Indian tribes, but
this fact might have been brought
out in the trial, in fixing the amount
of fees in the hearing on the final
award of $750,000.
The court was organized the first
of August, 1902, and the first suit
this being a test case, to know to
what extent the court should have
Jurisdiction, IL. 'eard In December
1902. I was sss during this
interim, and of cods{le. all drew
our salaries at the ratSl 00C
per year. 1 saved money Of tn ".
ernment by being at home for we
were not allowed expenses while al
home
Judge Weaver was then asked
about the presence of members o.
the court at the time. Governor
Hunter was turned out, and W. G
McCurtin put in. On objection to thi
question by the prosecution, Judg'
stated that the pertinency Of thu