The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-02-29

AnneaI Taken by the Plaintiff IN the
HoIIernan Case---Three Divorces
Granted Yesterday---Cases on the
Calender for TO-DAY.
The town of Apex turned out yester-
day. and came to Raleigh. The lnhapl-
tants of that pleasant little burg We're
stirred up over a queer and unusual
ease in which some of its leading cltl-
zens were involved.
In the case were thirty-tive or forty
witnesses, all of whom lived in or near
Apex. a
Mr.. Nathan Holleman sued Harvard
q Hunter, the druggists OF that place.
for three thousand dollars damages
IT appears that Mrs. Holleman had
contracted the opium habit. By one
means or another she managed TO get
supplied of the drug to satisfy the craV-
ing of that strange appetite that
grows by what it feeds on" At dlI-
ferent times morphine and laudanum
were bought from the drug store OF
Harvard and Hunter.
The peace and happiness OF the HOT
leman family are alleged to have oeeh
DESTROYED by the subtle fruit OF the
popDies. and Mr.. Holleman sues the
persons who supplied the opiates for
sum that he considers sufficient TO
cover the damages he has sustained.
Perhaps no such case was ever before
on the docket of any North Carolina
court.
The case was set for trial yesterday.
When it was called the defendants
attorneys entered a demurrer, claiming
that there were not sufficient grounds
for an action for damages.
There was a deal of discussion by
counsel for both sides. Judge Mclver
ruled in favor of the defendants.
The following is his judgment:
Nathan Holleman VS.. w. IL. Har-
ward ct al.
This action coming on for trial and
the defendant demurring on terms on
the ground that the complaint does
not state facts sufficient to constitute
a cause of action, after argument of
counsel for both sides, it is considered
and adiudged that the demurrer be
sustained and that the defendant GO
without day.
"JAS. ID. M'IVER,
Judge Presiding.
From which Judgment the plaintiff
appeals to Supreme court Notice
waived, undertaking on appeal fixed
at $685."
Among those here from Apex yester-
day were ex-senator I'll. G. Olive, DIR.
Moore, Messrs. n. Holleman, Hunter,
Harvard, j. e. Norris, Rufus Smith,
r. Honeycutt, j. C. Brshes, ID. A.
Smith.
Miss Mary Sexton, clerk in the store
of Harvard and Hunter, was also
present as a witness.
The attorneys in the case were: for
the plaintiff, Argo and Snow; for the
defendants, I'll. Il. Norris and Battle
and Mordecai.
The Supreme court will now decide
if the plaintiff has sufficient grounds
for action.
THREE DIVORCES GRANTED.
Three marriage knots were united
in the Superior court yesterday. All
the divorces were granted on the
statutory grounds.
The cases were:
Ida Green Us. Walter Green.
Mittie Austin ys. Joyner Austin.
Calvin Atkins IS Tempe Atkins.
The cases were all decided in favor
of the plaintiffs and the judge in each
case granted a judgment annulling
the marriage.
BUM CASE THROWN OUT.
Mrs. Pattie ID. b. Arlington has for
quite awhile thrown out dark hints Of
the revelation that was in store for
the public when her case against ex-
Congressman Bum and Mr.. r.. Fl.
Kicks came to trial.
But Mrs Arlington seems uniformly
unsuccessful when She goes 10 law.
She was elated Thursday because
there was a prospect that her ease a
gainsf Mr. Bum would be called for
trial at this term OF the court
Mr.. ID. III. Gill. clerk OF the court Of
Vance county, had been snbpoened, and
was here with a whole hayersack Of
legal documents that had accumul-
ated in his office from the numerous
Arlington Iitigations.
The case was called in the Superior
court Yesterday
The attorneys for the defendants
entered a demurrer, claiming that the
plaintiff had not SET forth 4 sufficient
cause for action
Judge McIver sustained the demur-
rer, and the case was thrown out Of
court.
Here is his judgment:
.Pattie d. b. Arlington IS. Is. H..
Bum and X. III. Kicks.
This action being called. and the
defendants demurring TO the com
plant, on terms, on the ground that
it does not set forth facts sufficient to
constitute a cause of action, it is adj
judged by the court that said demurrer
he sustained and that the defendants
go without day.
JAS. d. MelNER.
Judge Presiding.
Mrs. Arlington yesterday took no ap-
peal from this Judgment.
She said to a reporter yesterday:
~, -, IL n I;4fla tsaigfalfa ahauf tho