The states-graphic. (Brownsville, Tenn.) 1???-1984, 1916-07-28
ESTES TRIAL MAY
END THIS WEEK.
ResuHe of Evidence Adduced Thus
Far and Chief Points Involved.

Mas aville. July 25-The Estes I'm
peach rial now in the third week
of its progrC IS, viii be concluded this
week. Twenty days have been passed
into ! story since il was begun on July
5. L is the second impeachment to
be tr d before the senate sitting as a
court since April "a, the day the Edg-
ingte trial was taken up. That case
from first 10 last was before the court
about seven weeks. 1t was in all res
poets the most notable impeachment
trial ever held in Tennessee, if not in
the south, and was among the most
notable ever held in the United States,
only the Johnson case overshadowing
it!
The case of the respondent in the
present trial will be considered by
the court probably not later than
Thursday. The evidence will be con-
sidered in secret, as was done in the
Edgington case, and the judgment of
the court will probably be announced
on that day or at latest Friday.
Following the rebuttal evidence on
both sides will come the argument.
Each side will be allowed twelve hours
but probably neither the state nor the
defense will occupy more than half
the allotted time. Only one speech
will be made in behalf of the respond
ent, that of his counsel, Mr.. Caruthers
Ewing. Capt. Fitzhugh will close for
the state, but preceding him, Hon.
Hoyte 7. Stewart and perhaps one of
the other managers will address the
court on the part of the state. 1t is
not thought that Mr.. Ewing will con-
sumo more than four hours in his ar
gument, and Capt. Fitzhugh will prob
ably not occupy the attention of the
court longer than that.
According to Mr.. Estes own evil
dence, when he entered the office Of
attorney general he knew little about
the duties of the Office, not even be-
ing familiar with the legal require
ments in the matter of drawing in
dictments. Fortunately, or unfortun-
ately, as the case may be, for him he
adoptsd. the long established custom
of employing a man who had knowl-
edge of such thing to draw all the
indictments. This man had been long
in the court and could qualify as an
expert in that particular. His honesty
and integrity have never been ques-
toned.
The respondent, according to the
evidence adduced, was no better in
formed as to cost bills than he was
about indictments, so it was that, fol-
lowing another long established Gus
tom, he left that matter largely to
the clerk of the court and his depu-
ties. The clerk made up the cost bills
and presented them to the judge OF
the court and the encouragement fol
their certifcation. This certifcatior
set out that the Judge and the attor.
ney-general had examined he cost bills
and found them correct, and all the
Judge and Encouragement had to d.
was to affix their names to the writer
form. This custom had been followed
by other attorney-generals and wa'
almost as old as the county itself. Th'
respondent and other witnesses ties
titled that this custom is observed b!
practically all the encouragement
, of the staet.
The respondent admitted he nov
knew the law contemplates that tn
Judge and the encouragement shall
audit all bills of cost before attaching
their signatures, but said that at tn
time he took charge of the Office hi
attention had not been directed spe
officially to this legal requirement, an,
that he believed it quite sufficient t
adopt the custom so long in vogue O
depending upon the honesty and integ
rity of the clerks to audit and make u
the bills of costs. He was under tn
impression then, and still is, that tn
custenf was universal.