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2 DAY ATTACKS CARR BUT JUDGE STARBUCK, SHEP HERD, BUSBEEAND POU RE SENT THE UNCALLED-FOR CRITICISM OF THE GOVERNOR. THE STANFORD-ELLINGTON CASE. Stanford on the Stand is Mercilessly Cross-Examined by C. M. Busbee, and Ellington Denies That any De mand was Ever Made on Him for his Office—Able Speeches by Purnell, Day, Busbee, and Another Brilliant Surprise From Pou—Apologies to the Governor all Around. The case of Stanford vs. Ellington was resumed yesterday before Judge Star buck. The jury at the beginning of the after noon session was temporarily discharged until this morning when they will come together again to hear the discussion of the only issue that will be presented to them, namely, the question of fact as to whether or not the demand was made upon Librarian Ellington for formal possession of his office before the bring ing of -ithis action. This was affirmed and denied by Stanford and Ellington, respectively. Meanwhile yesterday afternoon argu ment was begun on the three other is sues of the suit, namely: Ist. Was the plaintiff relator duly and legally elected ? 2nd. Does the defendant unlawfully hold over and refuse to surrender the office of librarian ? 3rd. Was any law in force creating the office when the defendant was elected? (This was thought to be included in the first). The afternoon argument was partici pated in by Mr. Purneil and Capt. Day, who opened, and Mr. Charles M. Busbee, who was in the midst of his speech when the court adjourned. The morning was given up almost wholly to evidence, and the testimony was practically covered by two witnesses, respectively Stanford and Eilington. Stanford’s Story. Mr. Stanford said he was relator in the suit, and on the 14th or 15th of March last, had asked Ellington when his term expired, and was told in April, but previously to Stanfords election, El lington had "said his term begun in March. Stanford said he had told El lington on March 14th that he (Stanford) had been elected, that he demanded the keys and wanted to take charge of the office at the expiration of Ellington’s term. Ellington said he had been appointed by the Board and would not give up the keys. “I went again on the 26th,” con tinued Stanford, ‘,and Ellington said he would not give up the office except through the Courts. I executed a bond, showed it to Ellington, and presented it to the Governor and the Secretary of State. The Governor refused to accept it, but said he would put nothing in the way of a legal settlement of the matter, and that it would have to be settled in the Courts. Then I carried the bond to the Secretary of State; be too refused (this was on the 27th of March), then I carried it to Ellington that day or the next, and told him what I had done.” (Here the bond was put in evidence, and was admitted by both sides.) Cross-Examined by Mr. Busbee. “What day did you have your first conversation with Mr. Ellington ?” “On the 14th or 15th of March.” “What time of day ?” “About 11 o'clock.” “When ?” “Believe it was 9 o’clock.” Do you know when and where the conversation took place ?” No sir, I had one conversation in the library and one between the capitol and the library—twice that day—don’t re member the times.” “Will you give your precise language to Ellington ?” “I asked him when his term expired, and told him I had been elected, and de manded the office; to take effect at the expiration of his time. (In answer to question): I hadn’t executed any bond at this time.” “Are these the only two conversations after your alleged election.” “Had a conversation about 25th or 26th of March.” “Where?” “In the library room.” “What was the substance of your con versation ? ” ‘ I had been to the Governor’s office and gotten a copy of Ellington’s bond: he wouldn’t tell me when his term ex pired, I told him his time had expired on the 15th and demanded the keys, and then tendered my bond to the Governor. ” “Any conversation after that?” “Yes, on the evening of the 27th., or morning of the 28th, I showed him my bond and told him that they refused to accept it. He told me my election was not legal.” “Wbat position did you have?” “Day: “Object.” Judge: “What is the purpose of the question?” Busbee: “I propose to impeach the witness.” Judge: “The question is excluded.” “Busbee: “I propose to show that he didn’t make a demand and to impeach him, and now I ask him was he Journal clerk.” Again was Day’s objection sustained by the Judge. Busbee: “When does the morning ses sion begin and the evening session end on this Journal of the 13th ?” Judge: “You can’t prove the Journal by parole testimony.” Day: “I object on the ground that the Journal doesn’t disclose any evening ses sion.” (Objection sustained). Busbee: “Does this Journal set out in full the proceedings?” (Day objected). Busbee: “Were not portions of this Journal deliberately left out?” (Mr. Busbee said he asked this question for purposes of impeachment). The ques tion was permitted. “Did you not?’ repeated Mr. Busbee. “I never left a word out of any jour nal.” W T hen did the afternoon session be gin ? (Objection—sustained). “Did you leave out any previously to this?” (Objection—sustained). “Have there not been proceedings omitted before ?” “No, none that I know of, but I want to explain my position.” (Objectionsand confusion). ‘ •Was a certain resolution in the Doug lass case put upon the journal ?” “That resolution ! yes, put it on the journal, put the caption on the journal, that was all that was ordered.” “Who was the Journal Clerk ? “Mr. Satterfield.” “What were you !” “First Assistant to the Principal Clerk.” “Who directed you to put it on the Journal by caption ?” (Objections by Day and Whitaker was no special order made—a general order.” “Who issued that general order—from what law did it come, or parliamentary book or superior officer.” “From the same officer that I did everything else.” (Day to Busbee: “Don’t you talk all, let the witness talk.”) Mr. Busbee repeated his question. Stanford: “The journal was usually made up that way.” “But under what general order did you act ?” “From every journal I have ever seen.” ‘"From what journal ?” (There seemed here to come to light a misunderstand ing between the Douglass resolution and Ray’s protest to Lusk’s resolution as to the Douglass adjournment, and re ferring to the Lusk resolution; Stanford said: “I think it is in there.’ “How is it that your understanding is different from that of anybody else in North Carolina ? ” Mr. Busbee continued his acute ques tions, getting for an answer when he asked why the Journa l did not show the night session, the answer that the night was taken up by Campbell, of Cherokee. This was the night, too, when Ray asked had his protest been spread upon the Jour nal, and Speaker Walser replied that he had ordered it done. In answer to questions why the Journal did not show the ratification of the bill choosing Mr. Stanford for Librarian, he said that he made the notes only, and on being assured by Mr. Busbee that there was no error in the copy, and that he, Mr. Bus bee, wanted to fix the responsibility of the omission upon him (Stanford), he said that the report from the Committee on Enrolled Bills contained the bill in ques tion, and, therefore, disclaimed respon sibility for its omission from the Jour nal. Before Stanford had gone on the stand, demand had been made for the bonds of Ellington, both of them. More over, the bonds of Shotwell and Bird song were desired. Private Secretary Hinton was present in court by the courtesy of the Governor with the two bonds ot Ellington, and the Governor had the day before brought them down himself. Capt. Day had asked Mr. Hinton to go back after the other bonds. Mr. Hinton bad declined to leave with out those he had already brought. But he finally got his bonds and went for the others desired. At the end of Stanford’s testimony he had not re turned which gave rise to the fol lowing utterance from Capt. Day; Capt. Day Attacks the Governor. “Your Honor,” said he, “we are wait ing on his Excellency to send those bonds. We sorter skeered to ask for a subpoena tecum duces. “Don’t let’s open the door for any fur ther trouble,” said the Judge mildly. “To be serious,” continued Capt. Day, “I don’t think this Court is being treated right.” “I don’t think the Governor is intend ing any disrespect to the Court,” said the Judge. “Why is it,” exclaimed Capt. Day, “that the Majesty of Denmark should fling itself behind these things ? lam humble and am grateful to my superiors for living. North Carolina can’t suffer in dignity by the coming of those bonds. The Governor of North Carolina ought not to be a partisan; he ought to be what the people intended him to be—the Executive—to carry out its laws, and should lend his aid for the carrying out of justice.” “What is the object of this interesting eloquence ?” asked Mr. Busbee dryly. “I understand,” said Judge Shepherd, that your Honor has stated that, you did not believe the Governor intended any discourtesy—that he had brought down the original of the bonds asked. This attack upon the Governor ought not to be permitted by this Court; for the Gov ernor has ordered his clerk to bring the bonds.” Day : “An hour ago.” Busbee: “My idea is that the Gov ernor is having those bonds copied now.” Day: “Judge Shepherd said that an hour ago he would send them and now' Mr. Bu-ibee says he is copying them now-.” Mr. Pou begged (sarcastically) that Capt. Day allow the Governor just a few Uses Mexican Mustang Liniment On his horses, on his drivers. The News and Observer, Thursday, Hay 2, 1895. more minutes, when the Judge interrupt ing said, “Now, gentlemen, there must be an end to this, and in the interest of time, I suggest that you send for certi fied copies. Mr. Purnell, closing up, said with some feeling: “I object to these reflections from Judge Shepherd or anybody else.” Judge Shepherd was then on his way out with his overcoat on his arm to keep an engagement at the Supreme Court, but pausing at the end of Mr. Purnell’s remarks, he said quietly: “1 do not think there should be any more animadver sions cast on the Govoruor.” Judge: “You geutlemon should have gotten certified copies.” Whitaker: “It would be an act of courtesy to have sent the original bonds, but not so as to certified copies.” Judge: “Mr. Purnell has not de manded these particular bonds.” Mr. Busbee maintained that the send ing of certified copies would be a courtesy also. Day: “We are living by His grace and courtesy and no man bends more graciously before the King of Denmark than I, but I am a North Carolinian and am as much entitled to my rights as the Governor, though he wore a crown or the hat of a king upon his head.” In came Secretary Hinton at this point, with the news that they had been looking for the bonds ever since, but had not been able to place them as yet. Mr. Ellington was put on the stand and denied almost in toto the evidence of Mr. Stanford as to any demand hav ing ever been made upon him or as to having told Mr. Stanford that his term begun in April. He had told Stanford, he said, that he went into office in April and that his term began on March Ist. Mr. Ellington was sharply cross-ex amined, but insisted on his every state ment, saying, when reminded that Mr. Purnell had made a demand on him, that “that was not true ” The day concluded with argments by Purnell, Day and Busbee, all able, par v :iarly those of Capt. Day and Mr. Busbee. Capt. Day made the point that the ; roll-call which on the 13th showed 73 j voting on Ray’s motion to dispense with j the reading of the Journal presumed a j quorum present through the day, and that, therefore, the latter vote of 48 on the Stanford election was to be taken as a majority of the quorum, 61 presumed to be present, and was therefore, valid j for the election. Mr. Busbee parried adroitly saying that the vote of 48 disclosed no quorum j and as under rule 22 each member was required to vote on an aye and no call, the conclusion was irresistible that all j had voted. Capt. Day had said that the failure to j invoke the aid of Rule 56 stopped the | defendants from denying a quorum: for this provided for a call of the House which would have developed the absence of a quorum, unless it had been present. ; But, said Mr. Pou with sudden effect- ; iveness, rule 56 requires a majority to ; order a call of the House and then a i vote of 15 to bring in absentees. Mani- ; festly, therefore, said the young lawyer, ; unless a majority of less than a quorum voted for a call of the Honse, there j could be less than a quorum, the House at the same time being powerless to dis- i close the fact. This was a companion bomb shell to j that dropped Tuesday evening by Mr. Pou, and closed the speeches, the points and able elaborateness of which are barely touched upon here. Mr. Busbee will resume this morning. During a lull at the close of the morn ing session, the Judge said: “The coun sel, in their zeal, have made reflections on the Governor. The counsel were hon- ; est, no doubt, in saying that the Gov ernor intended a slight, but the Governor, as subsequent events have disclosed in tended no discourtesies.” Then Capt. Day rising said: “My re marks were based upon the remarks of Judge Shepherd. I meant nothing against the Governor as a man but simply as a co ordinate branch of the Government.” Judge Whitaker said : “I don’t re member whether I said anything or not, but if necessa-v, I will take it all back. NOTICE. A. W. Haywood, Assignee of John R. Terrell, Raleigh, N. C., April 30th 1894. On the 28th day of March, 1895, Mr. John R. Terrell, lately doing business in the City of Raleigh, N. C., at the corner of Wilmington and Hargett Streets, exe cuted to the undersigned a Deed of As signment, for the purpose of winding up his affairs in accordance with the pro visions of said Deed. All persons indebted to the said John R. Terrell are requested to make immedi ate payment to me; and all persons hav iug claims against him, will please file the same with me at once, in order that the Trust imposed upon me may be closed as soon as possible. A. W. Haywood, Assignee, of John R. Terrell. Raleigh, N. C., Feb. 8,1895. Lyon Mfg. Co., Brooklyn, N. Y. Gentlemen:—Having seen Mexican Hustang Lini ment extensively advertised here lnduoes me to tell you how useful it is to jjersons In the livery business. I have used it for the past 18 years on my horses for almost every thing that horses are subject to. For sprains and stiff joints I do not think It has an equal, and for such things as harness galls and rubs It Is wonderful. I once had a very fine driver who was thrown from his car riage In a runaway and so severely bruised about his shoul ders and breast that I did not think be would ever be able to get on a carriage again. I remembered, however, what Mexican Mustang Liniment did for my horses In case of bruises and had him use It constantly, and In about two weeks he was as good a driver as ever, and not an ache or pain remained. I know you must get tired of receiving such letters, but I thought I would add one more testimonial to the useful ness of Mustang Liniment. Yours truly, W. H. LANCASTER. 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The News & Observer (Raleigh, N.C.)
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May 2, 1895, edition 1
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