North Carolina Newspapers

I HI)t jimitljfielii Herald prtwi oh dollar per trar. "TRUE TO OURSELVES, OUR COUNTRY AND OUR GOD." eimgu copies three cehte. VOL. 20. SMITHFIELD, N. C., FRIDAY, MARCH 22, 1901. NO. 2. THE IMPEACHMENT TRIAL. judge Allen Opens for the Prosecu tion?Judge Bynum for the Defense?Judges Fur ches, Douglas and Montgomery on the Witness Stand. Wilmington Star. Raleigh N. C., March 14?The impeachment trial of Chief Jus tic Furches and Associate Justice Kobert M. Douglas, of the North Carolina Supreme Court, began before the State Senate at noon to day, the accused Judges und the counsel on both sides being present. Judge Allen, of Wayne, one of the managers on the part of the House, spoke for nearly three hours, presenting the case on the part of the piosecution. He gave a complete review of the circumstances leading up to the institution of impeachment pro ceedings, and preferred the follow ing five charges against 'the judges: 1. Violation of sections 1), ar tick 1, of theconstitution. 2. V j. ' '?< of the section 8, article 14, r' ;he constitution, that no mo. - be dra'cn from the public trees rr\ < <pt by .legislative appropii t tii 8. Violation of chapt r 19, section 9, Laws of 1899, v i,ich forbids payment except in pre scribed cases. 4. Violation of chapter 21, Laws 1899. 5. That is a series of acts during a period of two years tliey disre garded the acts and will of the State. At the conclusion of Judge Allen's speech the court took rec**ss until tomorrow noon, when evidence will be introduced on the part of the prosecution. The Court met Friday at noon. The taking of evidence was be gun and Major Guthrie presented the official oath of Robert M. Douglas and David M. Furches as Associate Justice of the Su preme Court. A certified copy of the records m the case of White as State Auditor was presented and read; also a certified copy of the judgment. Major Guthrie then presented a letter of .1 C. L. Harris to the State Treasurer, Osborne object ' fed that this was not a part of the record. Guthrie explained that this was only Harris' formal de mand and if the counsel objected they would later introduce the original. Patterson and Busbee insisted and Guthrie said that they Would introduce the origi nal arid withdrew the letter for the present. A certified copy of the mandamus was then read. The afternoon session was tak en up with the examination of J. C. L. Harris, counsel for White rend Col. Kenan, clerk of the Su preme Court. Raleigh, N.C., March 1G?Coun sel for the prosecution in the im peachment trial of Chief Justice Pure lies and Associate Justice Douglas, before the State Senate, announced at G o'clock this eve ning that they rested their case. Kx-Governor Jarvis, for the de ~ fence, stated that it the case were I pending before an ordinary jury, they (the defence) would also ji' and introduce no ev)dg?j * the ground that no TO made out against their"clients; k but inasmuch as the prosecutor ' is the House of Representatives, in ^he name of the people of North Carolina, they proposed to proceed with the presentation of fheir evidence, beginning Mon day morning, by placing Chief Justice Furche* and Associate Justice Douglas on the stand, and subject them to the most1 <* rigid cross examination that the; ^ ingenuity of the able counsel of ? tbibroseontion can devise. The principal witness exam ined to-day was Col. Kenan, clerk of the Supreme Court. He! was on th,' stand the entire morning session. He testified to; his haying' declined to issue a mandamus pn the auditor and j treasurer,Except in compliance] ' wiA anyrdpr trpm the Supreme. Court; of the issuance of such an order and his compliance; of the refusal of the majority of the j comr to allow Judge Clark's dis-1 eenting opinion to be filed. I)u- j ring his examination the original records in office-holding cases, heretofore ruled on by the Su 1 prtme Court, were introduced. During the evening session of the court the principal witnesses were Dr. B. P. Dixon, State audi tor, and State Treasurer B. R. Lacy. There were many clashes between counsel, the principal fight of the day being over the admission of records in the audi tor's office connected with the j pavment of Theophilus White's ' claim in compliance with the writ of mandamus. The defence | objected on the ground that the judges were not reponsible Ra the actions of the auditor. Pres-1 ident Turner overruled the ob jection and the defence appealed; | but the Senate sustained the rul j ing by a vote of 36 to 5. Raleigh, N.C., March 18?There were two sesions of the Senate to day. The morning session was i taken up entirely by Judge W. P. j Bynum, Jr., counsel for the de fence, in masterful argument of three hours outlining the defence. He maintained that the prosecu tion must prove not only a vio lation of the constitution in is?u j 'ing a mandamus upon the State , treasurer but the violation must be shown to be wit h wilful intent, j lie took the position that the i amount due Theophilus White I for which a. mandamus was is sued was not a claim against the State, the suit beivg in reality ! on the part of the State to com pel payment of salary to an of ficer, the money as a specific ap propriation being in tne hands of the treasurer for payment. The doctrine that office is prop erty has he urged, stood for sixty years in North Carolina. This afternoon Chief Justice Lurches went on the witness stand. He was under cross ex amination when a recess was taken at 6 o'clock. He bore him self with great dignity. His direct | testimony was in justification of his course on the bench. He tes tified that in their ruling in office holding cases, the court was not influenced by any partisan bias, but sole by the law on questions at issue. He said of a dozen or : more offie-holding cases passed j upon by the court they decided a majority in favor of Democratic parties to suits. The cross-ex amination was by Jas. II. Pou. Esq., and was not characterized by any important developments Raleigh, N. March 1 Du ring to-day'b session of the Court ; of impeachment the cross-exami- i : nation of Chief Justice Furches was continued and the testimony of Associate Justice Douglas was taken. The cross examination of J udge Furches, as on yester ! day, was conducted by Jarae H. i 11'ou. It involved principally the j course of the court in the famous | office-holding cases and the soundness of the doctrine that a person appointed to office has a property right vested in both J the office and the duties thereof, and could not be divested of the I right as long as theofficeexisted. I except for misconduct. Chief Justice Furches has a ready an swer for everv question, and cited precedents through a course of rsixty years for justification of his position. At the conclusion of Judge Furches' testimony Major W, M. Robbins, J. R. Hoi man, J. H. Hoffman and l)r. W. 8. Stephen son were introduced as witnesses toproveJudge Furches'caracter. All gave him the highest possible standing. Holinan said Judge Furcbas was a strong partisan, but did not think that would sway him in judical decisions. Major Robbins shed tears in testifying; he had loved Furches all his life as a man, and hated his politics. Watson was cross examining, and Robbins, in answer to a question, said Furches was no more a partisan in his politics than he (Robbins) and Watson were in theirs. Associate Justice Douglas' i direct testimony was very similar to that of Furches. His cross i examination by Watson was very rigid, involving all manner of questions of law. The only notable feature was that Douglas admitted that according to his ruling in White's case the Legis lature could elct a man to an ofilce for forty years or life, and he would have a vested right that could only lie annulled by abolishing the office and its duties. Raleigh, N. C., March 20?The defence in the impeachment trial rested their case at ft o'clock this afternoon. An hour was devo ted to hearing rebutal testimony offered by the prosecution. It is expected all the evidence will be in by noon to-morrow, pro vided the prosecution don't put Justice Walter ('lark on the stand. If he goes on a lively time is expected. The star witness for the defence to-day was Justice Montgomery, whose testimony was very harsh against Justice Clark; so much so that it is believed Clark will demand to testify in self defence. Montgomery testified that Judge Clark caused the whole trouble iu the office holding cases; that when the opinion of the majority of the court was in favor of the Democratic officeholders, Judge Clark would concur; but with the same principles involved and the opinion of the court, in accor dance with law and facts, was fa vorable to a Republican office holder, J udge Clark would offer a dissenting opinion. He said ; hatClark's judicial opinions were tainted with politics. Rut that rulings of a majority of thecourt were in line with Hoke vs. Hen derson and other precedents which the court cited as the ground for their opinions. Mont gomery's testimony was wholly in favor of the accused judges and a rigid cross-examination by Hon. C. B. Watson failed to de j vekiy any advantage for the prosecution. j At one tiiiw J udge Montgomery l-efused to antwer questions, un less propounded by Watson : more respectfully and he was al j lowed to answer one to his satis | faction before another was '"fired'' at hun; he *aid that the ques tions asktc involved his personal integrity, and the conduct of his associates oi the Supreme Court bench. Mr. VYatsor. said he had not intended to be disrespectful and changed the m.f hod of cross examining. The defence offered expert: testimony as to the lega.iq; of! the course of the judges in issuing the mandamus and in their rul-; ing in the White case, but it was1 ruled out by the Court. A School Closing. On last Friday evening just as old Sol was sinking behind the western horizon, and long before 'twas dark, the Iriends and pat rons of the school at Batton's School-house began to assemble for the closing exercises. Al though the school has only been taught four and one-half months, the children have made rapid progress under the supervision of the present teacher, Miss Anne Hood, and all are anxious to have her teach for us again. The exercises were splendid and the children as well as the audi ence enjoyed them, as 'twas the first entertainment of the kind in which most of them had ever taken part. Prizes were offered at the beginning of the term to the ones receiving the highest number of perfects, which were awarded to Ethel Smith, Emma Batton and Norman Wall. The recitation by Miss Donia Hood, of Selma, was very much appre ciated, as was also the one by Miss Anne, upon the request of the school. May both the teacher and pu pils spend many more just such pleasant sessions, out of which, the same amount of good may be derived. A Committeeman. March 13,1901. It is to be noted, among other things, that two very nimble at torneys are conducting the ex amination of witnesses in the im peachment trial?Benj. F. Eong for the defence, and Jas. H. Pou for the prosecution. These two are among the very best lawyers in the State?valuable to their clients; dangerous to the opposi tion.?Charlotte Observer. STATE NEWS. Short Items of interest Culled From our State Exchanges. Salisbury is to have a $30,000 furniture factory. Work 011 a street railway tor Durham is to soon begin. Rockingham suffered a $10,000 fire Thursday night. Insurance $4,100. A trestle bridge, near Fayette ville, on the A. C. L. main line, was burned Sunday afternoon about 3 o'clock. Col. J. S. Carr, of Durham, will deliver the address at the com mencement of the Presbyterian College at Charlotte in May. Ralph) the 10 year-old son of Solicitor Mott, was married to Piss Adelaide Cowlesat Winston Salem Thursday. The girl was aged 18. Revenue officers found 20 bar rels of whiskey at Smith Drove, Davie county, Friday night. It was concealed by earth being thrown over it. Morganton will have a "wet" and "dry" election the first Monday in May. The town has a contest of this kind about every two years. Governor Aycock has appoin ted Miss Ressie Henderson, of Salisbury, one of three lady man agers from North Carolina for the Ruffalo exposition. James Walker, Wilmington's greatest philanthropist, is dead. His last gift was a hospital, which cost $30,000. His deathj was due to heart disease. Governor Aycock has offered a . reward of $200 for the capture! of J. P. Fulton, of Winston, a j chain gang guard who is charged j with wliippingaeonvict to death. Mr. Z. I. Walser, of Lexington, was suddenly stricken blind last week. He is a young attorney at Ijexington and is a brother of ex-Attorney General Zeb Vance j Walser. The Morganton correspondent of the Charlotte Observer says that the appropriation of $110, 000 made by the Legislature for additional buildings at the State n ." 'tital, will accommodate 200 additAujal patients when the buildings ait completed. Mr. Andrew Carnr."'?, the mil lionaire philanthropist, has j offered to give the city of Char-' lotte $20,000 for a publicjlibrary if the city will guarantee a site for the building and $2,500 annually for its support. Mr. Carnegie gives away immense sums of money every year and his donations are largely for the purpose of establishing libraries. Some time ago Mr. R. J. Reynolds, of Winston, offered to ? give $1,000 towards erecting a technological and industral school at the Thomasville Orph anage as a memorial of Mr. J. I H. Mills, the founder of the orphanage, provided Dr. J. B. Boone, tne superintendent of the j orphanage, would raise $4,000. Dr. Boone's $4,000 has been raised and the school will be ready to begin work soon. The interest taken in the public j school library question is very gratifying. It has already given j a new impetus to education and many districts throughout the. ; State have raised the money necessary to secure the sum promised by the State and coun ties General Toon, State Super inte ident of Public Instruction, will soon send out rules for the secu* ing and preservation of thest libraries. A Horrible Outbreak "Of large sores on my little daughter's head developed into a case of scald head" writes C. I). Isbill, of Morganton, Tenn., but Bucklen's Arnica Salve complete ly cu:-ed her. It's a guaranteed cure t >r Lczema, Tetter, Salt Rheum, Pimples, Sores, Ulcers and Piles. Only 25 cents at Hood Ilros. Legislation Relative to Johnston County. Senator Allen K. Smith hnsfur- \ nislied us with a list, of the acta i passed by the legislature relative t to this county. 11 The acts are as follows: < An act to enlarge the corpor- 1 ate limfts of Benson. 1 An act to umend the charter of 1 Sinithfield, This act extends the corporate limits, taking in Mr. ( C. Radford, the depot and rail-1 < road property, the Brooklyn h Manufacturing Co., Turlington 1 Institute and that part of Ilrook- i lvn west of road. 1 An act to amend the charter of t Selma, allowing an increasein the 1 tax levy. t An act to establish graded 11 schools in Sinithfield and Selma. 1 These acts were passed as pre-1 j sented and authorize an election j on the question. A special tax is 11 to be levied for the support of 11 the graded schools. I An act to establish county con- j ] vict system. This act was pub- ii listied in The Herald several i weeks ago. j An act to incorporate the I Bank of Benson. Ail act to incorporate the Clay-1: ton Banking Co. Ail act for the relief of Thomas J YYoodall. An act to provide liens for Johnston county. The fees arej to be 10 cents for probate and 30 cents for registering. This act is published in this paper. An act to charter the Smithiield Fire Co. Some amendments were made to the bill submitted. The exemptions were eliminated. An act to establish a dispensa ry at Kenly, under the same reg ulations as the Sinithfield dis penary. It will pay two liquor licenses to the general school fund. D. L. Godwin, K. K. Hales, j and are commissioners. An act toamend the Sinithfield, ^ Selma and Clayton dispensaries |, regarding the tax on them. Sinithfield is to pay three liquor licenses, Selma two and Clayton two. To go to general school fund. These are the amounts of ] taxes paid by the liquor dealers i before dispensaries were estab lished. An act to prohibit the manu facture and sale of liquor in Smithfiel i, Selma, Clayton and Beulali townships except as it is now permitted. The act provides that nothing is to prevent dis- , pensariesaud incorporated towns 1 from it. An act to amend t lie stock law oi Johnston county. Only ex tends the ten-VlCCy to the Hunter road from Sandy Grove church down to A. Wallace's, and abol ishes the inside territories; to go! into effect .Iannary 1, 1902. Also a general law authorizing the County Commissioners to declare the law in force and effect upon a petition of a majority of the land owners in any township, sec tion or territory under known boundaries. Said commission ers having complete control of all stock law matters. A more detailed statement of some of these acts will be given as soon as the laws are published. ] GENERAL NEWS. Half of Cloverport, Ky., was burned last week and 1,600 j>er sons made homeless. Another $ 1,000,000 hotel is to be built in Chicago, 111., just south of the Auditorium. Democrats of Toledo, 0., have indorsed Mayor Jones, of "Golden Rule" fame, for a third term. Miss Eliza Anderson has been nominated bv the Democrats for city clerk of Denver, Col. The New port News Shipbuilding Company lias contracts for building 13 ships, to cost $28, 000,000. Including the late Marriott Hrosius, li members of the Fifty sixth Congress have died since It was convened. Surrounded by fully 13,000 of his fellow-citizens the body of Benjamin Harrison was Sunday afternoon buiied in the family lot in Crown Hill Cemetery, at Indianapolis, Ind. Libraries for Public Schools. Editor Herald:?The writer vislies to see every boy and girl educated. To bring about this itate of affairs the Legislature ins made some advances One ?f these is the offer of the State to give ten dollars toward a library to any school district that will raise an equal amount. Every school district in North Carolina should take advantage if this offer. Every school-house trould then lieeonie a center of in fluence in the community. Many aoble boys in the country dis tricts are thirsting for knowl nlge. They have only a few dry text-books?only drinking from the rivulets und rills, whereas vith the library well established hey might drink deeply from the ficat fountains of knowledge. There might be books in the library for the help of every mem ber in the community?the wife, for her poultry, her dairy, her laundry, and her cooking; the iarmer for his slot k, farm imple ments, cultivation and seeds on . improved methods; the mechanic for his machinery plans, etc.; books to aid t lie boys in debate, and the gills in reading circles; good moral books to tume the wayward, wild and wandering; poetry, history, science, biogra phy, discovery, etc. It should be remembered that books are written by the great thinkers. The readers at once become the pupils and compan ions of the best, the wisest, and greatest who have lived. Of course twenty dollars for a library is small to start on,\yet we are sure more would bead led, and many books would be given. The writer can see that witr\ ? the advent of the library, rural mail delivery, the increased ap propriation for public schools, the numerous private schools and academies, springing up, county life will be morecharming in the future. We were about to forget it, but llenson Academy is on a boom, there being now twenty-five boarding pupils mid home pof tonage good. Respect f;'lv, ;... i?. c Hen son, N. C , Mar. 10, 1001. Married. At the residence of the bride's i-arents in Elevation, Sunday, March 17, at 9:30, a. m.? Mr. Sir Win. Lassiter and Miss Vickie Lassiter were united in the holy bonds of mati >nv, Josepfius Johnson, J. 1' fi ting. I his happy yoi couple are Wld in hign esteem by all who know them, he bride being the eldest daughter of Mr. P. W. Lasbiter, a successful farmer of Elevation, and the groom being the son of Mr?*'m. H. Lassiter, oneof Elevation's lf.ust prosper ous and enterprising farmers. The attendants were: Mr. Q?J?. Stanley with Miss Livie Lassiter,"" Mr. 1). C. Lassiter with Miss Min nie Allen, Mr. 1). H. Sanders with Mi8s Ixtuie Lassiter, Mr. P. YV. Massengill with Miss Bettie Las siter. After the ceremony waspeform ed the happy young couple and their attendants returned to the residence of the groom's parents where a most sumptuous dinner awaited them. May happiness and prosperity be theirs ever in the future and their lives together crowned with success. A Friend. Stops the Con?h ana Works off the Cold laxative Bromo-Quinine Tab lets cure a cold in one day. No Cuce, no Pay. l'rice 25 cents The I-egislature adjourned temporarily last Friday until April 3rd. About 40,000 claims, mostlv from soldiers, growing out of the Spanish War, have lieen filed against the Government. When you are bilious, use those famous little pills known as DeWitt's Little Early Risers to cleanse the liver and bowels. They never gnpe. Hood Bros., J. R. Ledbetter. Hnerft Hon.