The Caucasian. (Clinton, N.C.) 188?-1913, 1909-04-29

the cases and denied the motion of
defendants to consolidate them. De-
PENDANTS excepted.
Sixteen witnesses we're then sworn
by the State. The first evidence Of
fered was copy of the Caucasian Of
April 23rd, containing one of the al
legged libellous charges against Judge
Adams. Mr.. Justice, for the defend
ants, objected until the prosecution
had proven the Buffers connection
with the paper. Certified copies of
the report of the Caucasian Corpora
| ton to the Secretary of State were
offered showing that Marion Butler
was president and Lester Butler was
manager of the paper. Mr.. Justice
objected that this only showed they
were officers in July, 1908. The evil
dence was admitted. Exception by
defense
| The State offered to prove by the
Justice of the Peace who held the
preliminary trial that the Buffers
attorneys admitted the publication of
the Caucasian. Mr.. Justice objected
that this not being court record, ad
missions of attorneys for purpose of
expediting trial was not competent
evidence against the defendants. OBJ
lection sustained.
Wanted Settlement.
/ John A. Smith, of Bessemer City,
recent candidate for Congress in the
Charlotte district, testified that in
Buffers office in Washington on
March 3rd he told Butler that friends
of his and Adams had been wishing
that the cases could be settled out of
court: that G. S. Bradshaw. one of
Adams attorneys, had said he hoped
the matter could be amicably ar
ranged and was willing to do so IL 1t
could be done with honor to his
client
Butler declared he had never made
or published charges of corruption
against Adams. He had only publish
ed charges of what other papers in
North Carolina and other points had
published and what had been publish
ed about him in the Congressional
Record as spoken on the floor of Con-
!, gress by Mr.. Stephens. Butler said
!, he had expressed hope that the
charges were not true. He said he
had waited a month after other pa
pers had made the charges before
sending them to the Caucasian, his
waiting so long being for the purpose
of seeing If Judge Adams would not
make some reply or denial of the
charges.
. Upon the conclusion of this testi-
, mony, a motion by defendant to
strike it out as incompetent and
/ privileged was refused. Defendant
: excepted.
, The Caucasian, of April 23rd, was
then read, containing the charges, as
to the corruption of the Court in con-
nection with the Joins case. The
certificate of appointment of Judge
Adams by President Roosevelt, as
Chief Justice of the Court, and the
act of Congress creating the court
| was fled.
Judge Weaver Testif1es.
Judge Walter F. Weaver, OF
Springfield, Ohio, next testified as to
being a member of the Court with
Judge Adams and Judge Foote, now
dead. He related the circumstances
under which the Joins case was tried
and said Judge Adams was not pres
ent at the trial, the case having been
heard and decided by him and Judge
Foote. He said that Johnson, whom
Judge Adams was charged as having
made a corrupt bargain with Joins
to elect as Governor in 1904, was
> elected Governor in 1902, and was
not candidate in 1904 when the al.
!, lowance Of fees was made to Mans.
!, field, McMurray and Cornish, but that
:. Moseley was the candidate and de.
, feated McLees for Governor that
year.
Il (Mr. Weaver afterwards corrected
3 this Standardization Caucas:an.)
He was then asked to state the ex.
tent OF services and the amount in
volved by these attorneys, who were
allowed a seven hundred and fit,
thousand dollar fee. To this Justice
objected on the ground that it was a
, matter of record.
81 Judge Strudwick strongly contend.
2 ed that In this case it was necessary
D to show what moved the minds of the
court in this case in making the de.
cision repel the aspersions sought te
be cast upon their integrity. Judge
2 Long ruled that this line of testi.
: mony was admissible as going te
SHOW the bona fides of the members
1 of the court, which the bare record
l could not show. Justice excepted te
this ruling.
II Pending further testimony, the