The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1869-06-23

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The following cases were argued:
Paul N. Heilig, ct. al, vs.. Thomas Stokes,
ct. al. From Stanly county. Injunction.
Motion to dissolve the injunction. Motion
disallowed and appeal. The complaint and
answers were supported by affidayits. The
main question was as to the power of the
Supreme Court to decide in any case an
issue of fact joined in the Court below.
s. F. Phillips and W. A. Moore for Plain
tiff. Thos. S. Ashe and w. Fl. Battle for
Defendant. af
The cases of James M. Reid VS.. Thomas
Stokes ct. al, and R. J. Holmes VS.. Thomas
Stokes, et al, from Stanly county, were
similar to the above, and the same counsel
appeared.
A. A. McKeithan VS.. James Mcleod.
From Cumberland county. The case in
wolves the constltutionality of the home
stead law. John W. Hinsdale for Plaintiff,
and Mel. Mckay for Defendant.
Alex. Johnston, Jr., VS.. E. L. Winslow.
From Cumberland county. This case in
wolves the question as to whether the statute
of limitations against old debts has been
runningh the war. John w. Hinsdale for
Plaintiff. No counsel for defendant.
In the matter of the protesting lawyers,
it is currently reported and believed that the
opinion of the Court will be rendered this
morning, giving the protestants permission
to return to practice, the disclaimer of any
intention to commit contempt having been
accepted by the Court as truthful.
[ o. s. CIRCUIT CouRT-MoNDAY, June
18th, the Court met pursuant to adjourn
ment, Chief Justice Chase and Judge G.. w.
Brooks presiding. H
Geo. Moore was discharged as a juror for
the balance of this term.
On motion, Mr.. w. P. Bynum, of Lincoln
ton, and Louis billiard, of Pitt county, were
admitted to practice in this court.
U. S. VS.. Geo. II. Moore. Charge of en-
bezzlement of Government funds in hands of
defendant as Deputy Collector. Motion to
quash the Indictment on the ground that the
law of 1916 did not cover the case of depu-
ties and clerks. The Court held that the
revenue act of 1856 extended the former act;
and the motion to quash was accordingly
overruled. The bond of Deputy Collector
was given to the collector, payable to the
United States for the protection of the Col
lector. The defense object to the jurisdic-
ton of the court on the ground that the
Collector had no authority to take such
bond. The Court were divided in opinion,
and such division of opinion was certified to
the Supreme Court. District Attorney and
Messrs. Robert Strange and R. Fl. Battle, Jr,
for the Government; Messrs. Empie and
! Fuller for Defendant.
Several uninteresting cases in Equity were
heard, and decision deferred.
| EVENING SESSION.
Judge G. W. Brooks presiding.
United States VS.. Ober Lee.-Charge
stealing from the mails between Warsaw and
Fayetteville in October last. District At
torney for the Government. Messrs. D. G..
Fuller, Jas. c. Bachelor and s. 81. Rogers for
defendant. Several witnesses were exam
ined for the prosecution. The case promises
to be long and tedious one.
UNITED STATES CIRCUIT CoURT.@Tues-
day, June is, 1869. The Court met at the
usual hour, Chief Justice Chase and Judge
G. W. Brooks presiding. The following
cases were disposed of as indicated:
United States VS.. Seth jerks. Charge,
illicit distilling. The defendant submits
Judgment of the Court, $40 fine and costs.
| United States VS.. John B. Sears Charge
illicit distilling. Defendant submits Judg-
ment of the Court, $40 fine and costs.
U. S. VS.. Obed Lee, charge stealing from
the mails, which occupied most of Monday,
was resumed. The testimony was conclu.
ded. Argued by the District Attorney fol
the Government and Messrs. Fuller and
Bachelor for the prisoner. Judge G.. w
Brooks charged the jury. The jury were
absent ten minutes, and brought in yer
dict of not guilty.
After the the above case had gone to the
jury, Chief Justice Chase said he had heard
several cases of an import similar to each
other. He read an opinion in the follow.
ing case, which covered all the cases men
toned:
Whitney, Stone 6 Co. VS.. w. F. Riddick
An execution of older test and older levy
from the State Court. An execution of jun
ior test and junior levy from the Federal
Court, levied on the same land, under which
the land was sold A motion in this Court
to apply the proceeds to the satisfaction Of
the older execution from the State Court
Motion not allowed. Funds applied to the
payment of the execution from the Fedora
Court. w
UNITED STATES DISTRICT CoURT.-Fri
day, June 10, 1869. Chief Justice Chase and
Judge Brooks presiding.
John M. Long, and Henry M. Londor
were admitted to practice in this Court.
The case of United States VS.. D. b. Up
church was heard. 1t appears that Up
church applied for license as a retail dealer
and then failed, and was unable to pay thu
tax. He was indicted for such failure