The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-04-27
THE COURT.

Mr.. Rountree Closes the Argument I'm the
Contest Over the MayoraIty-Judge Nc
liver Expects to Hand Down his Decision
Today-The Bank of New hanover Case
Pursuant to adjournment for recess
on Wednesday evening, the superior
court of New Hanove county met yes
terday at 10 a. m. His Honor Judge
McIver presiding.
Argument in the contest between the
four claimants Of the mayoralty of
Wilmington wa resumed. All the
formidable array of counsel on both
sides having been heard, with the ex-
ception Of George Rountree, Esq, he re-
sumed his speech begun Wednesday af-
ternoon and closed the argument at
11:4O a. NJ. Mr.. Rountree's
was a magnificent effort and it is pro-
nounced the speech Of his fife. He
handled his citations in a mastery
manner, his logic vas consecutive and
telling and his fine reasoning proved
him a constitutional lawyer Of marked
ability. 1t would be impossible to give
a synopsis Of such a speech. His con-
tention was that the entire act of
March 9, 1897, providing for the election
of five aldermen and attempting to au-
thorize the governor to appoint fVe,
is unconstitutional; that the election
and appointment of the aldermen under
it is void and tina Mayor w. N. Har-
riss and the old board Of aldermen are
still the only legal mayor and board of
aldermen and will be until their sue
cessors are elected and qualified
Judge McIver took the facts and argu-
ment under adHisement, and stated that
he would probably render his decision
today.
Judge McIver signed a decree in the
cases of John d. Bellamy, Jr., VS.. w.
w Harriss, Jr., ct al, and w. A. Wright
ct al VS.. Giles Westbrook. In the
latter case the defendants took an APP
peal. Ninety DAYS were allowed both
sides to make a statement.
In the case of ellis & Black sub-con-
tractors, VS.. +. II. Blodgett, contractor
for the building of the Carolina, Ten
nessee and Ohio railroad, a judgment
of SO, 900 was given the plaintiffs.
The case of Frank II. Blodgett ct al
VS.. The Union Construction Company,
was taken up. Mr.. j. II. Adams re-
ceiver of the construction company was
in court, and on motion of his attorney
John ID. Bellamy, Esq, the receiver
was empowered and authorized to call
for n assess upon any and all stock
1,c1jnro ,f tho defendant cDmn1nV. who
have not paid for their stock, in value
such an amount VI to the face value
thereof as may be necessary to pay Off
or discharge the debts of the defendant
mpa and the costs, charges and at
torney's fees of the receiver. The re-
ceiver was empowered to credit the
stockholders with any offset or coun-
ter claim to which he may be legally
entitled. He was also empowered to
bring action to compel payment of
stock, if the same is not paid.
The court was engaged all of yester-
day afternoon in hearing the case of
Smith ct al VS.. Junius Davis, receiver
Of the Bank of New Hanover. The is
sue involved in this case is whether
the assets of the branch bank of
Wadesboro shall be separated from or
consolidated with the assets of the pa
rent bank at Wilmington. Mr.. J. A.
Leak. receiver of the Wadesboro
branch. was in court with his attOr-
neys. the Hon. r. T. Bennett and the
Hon. James A. LOckhart, of Wades-
boro. Receiver Davis was also in
court with his attorneys George Roun-
tree. Esq. and Eugene S. Martin Esq.
The records of the examination before
Ham Jones. Esq. the referee. were
read to the court. and the case was
on trial when the court took a recess
till this morning at 10 o'clock.
The assets of the branch bank at
WadesborO amount to about $l4O,oOO.
When the Bank of New Hanover failed,
the branch bank at Wadesboro was
perfectly solvent, and able to more
than pay off it's depositors. If the as
sets are consolidated with the parent
bank. the depositors of the Dranch
bank will have to come in and share
equally with the depositors of the bank
at Wilmington. This mean that they
will get only AZ to As cents on the dollar.
Henry Ward Beecher once informed
a man who came to him complaining
of gloomy and respondent feelings, that