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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.