The daily state chronicle. [volume] (Raleigh, N.C.) 188?-1891, 1890-04-24
HABEAS CORPUS CASE
Heard Before Judge Armtieid at ham
bers Yesterday.

bers Yesterday.
Judge Armfield heard another case at
chambers in this city yesterday. II had
some connection with the Durham rail-
road imbroglio which is SO interesting
just at this time.
1t will be remembered that Judge
Armfeld refused the injunction which
the Durham IL Northern road sought TO
obtain before him in this city on last
Monday. The Durham i Northern road
had built its track over what tie North
Carolina road claimed as its own right
of way, and the D. Il n. was seeking to
prevent its track from being interfered
with by the n. C.,road until some new
condemnation proceedings should be set
tied.
When Judge Armfield declined tie IN
juction sought by the D. & n, the \. c.
| road, otherwise the Richmond Il Dan
ville) people, early on Tuesday morning
began to tear up the D. 4 N track The
Durham authorities interfered and pre-
vented this work, and the Durham peo-
pie seemed bent on supporting the
b. II n. people, because their track had
HSSh ouitt OI CCOOOS SlI6tb-
municipality claimed that it owned Pea
toty street, and the town commissioners
had given the D. Il n road the right to
build its track there.
Mr.. T. II. Busbee, attorney for the
K. D. people, was in Durham
Tuesday in the interest of bis com
pany, and while there he instructed Mr..
| Moripg, an employee of the Richmond
& Danville soad, to remove a post On
Peabody street, which is claimed by tee
Richmond & Danville company, as a
part of its right-of- Moring was
about to carry out Mr. Busbee's instruc-
tions when the police of Durham inter
ferred. They claimed that Peabody
street was under the government and
| control of the town, ana did not belong
to the Richmond & Dauville company,
and ordered Moring not to move the
post under penalty of arrest.
He deslsted for moment when Mr
Busbee said, II tell you to move that
post unless you are prevented from
doing So" Moring stepped forward
again to move it when the police ar
rested him on a charge of forcible tres
pass. He was arrested without war;
rant, but the Mayor of Durham after
wards issued one. The Il. & d. COM
pany Immediately applied to Judge
Armfleld for writ of habeas corpus.
and he issued it.
The case was heard before him here
yesterday morning. Judge Schenck and
Mr.. F. H. Busbee appeared for Morine
and J. S. Manning for the town of Dur
ham.
The Judge decided that there was not
sufficient evidence in fact to hold Morine
for forcible trespass and discharged him
This action does not decide, nor cal
, it be construed as having any influence
! upon the rights of anybody, or ethe
railroad company.
The Durham Sun of last evening says
ut was learned this afternoon that The
above case had been decided adversely
to the town, and instructions came Il
, fill up the D. & n. with r. 81 D. cars
] The K. Il d. force worked oa this morn
J ing, making connection with the ID. &
, n. road on the coal shoot tire 5tle WheL
| they did that they showed Oh lot o
g cars and ran them up with such force 81
, to tear down the post erected to mari
, the line where the road runs out OF
Peabody street.
q When this had been done there WI
: an attempt made to relay the track o
r the D. & N. road which had been tor
: up or come beyond the lire market on
j. by the town, and Immediately the man
O ayers of the work, Messrs. Wilson an
! Dipp, with Whitley, and three of tn
+ colored hands were arrested and take
:. to the Mayors Office, where the case
l. being investigated as our report close.
: In the meantime the d. l. n trac
was torn up and pushed out farther int
: Peabody street to prevent connection
;; and this is The way the thing stands a
q We 20 to press.