The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-05-23
THE ZIG CASE ENDED.
THE WHITE OAK COMPANY LOSES
ITS SUIT AGAiNT McINT YRe.
It Was the First Cause Heard by Judge
Purnell and u involved Very Large
Amount, $4,000. An Appeal Will

purnell and Il involved a Very Large
Amount, $4,000. An Appeal Will
| Be Taken. Sble Counsel.
| The case CT the White Oak River Cor
New York, after occupying the time of
the Federal court at Wilmington for
about eight days, was concluded Friday
by a verdict and judgment for the de-
fendant, who lis said to be a millionaire.
| Mr.. Mcintyre is the owner of the new
railroad from Wilmington to Newbern
and the owner of a majority interest in
! the ee-Excelsior saw mills at Jack
sOnville, Onslow county, the largest lum-
Der plant in the State. Shortly after the
railroad above mentioned was completed
! to Newbern, Mr.. Mcintyre purchased of
the White Oak River corporation a half
interest in a large body of timber lying
n Jones and OnslOw counties and agreed
o build a spur from his railroad into this
timber. This he afterwards refused to
do, and the time within which some of the
timber was to be cut and removed under
the contract with the original grantors
thereof having expired, the White Oak
corporation brought this action against
him ~ recover the value of its half of
the timber alleged to have been lost by
defendants failure to build the road and
for depreciation in value of part of tim
Der which it still owned. 1t fixed it's dam
ages at $4,000. Mr.. Mcintyre alleged in
defense that he bought the timber rely
ing entirely on plaintiffs representation
as to the quantity and quality and that
he represented there was as much as
5O,OOO,OOO feet Of merchantable timber
on the land while in fact there was less
than 100000. Two experts were exam
ined and their estimates ran from about
5000, 600 to 6O,OOO,OOO, many millions of
swamp gum being included in the latter
estimate. The jury found for Mcintyre
and the appeal was taken to the Circuit
Court of appeals at Richmond
This Was Judge Purnell's first inn
portant civil trial since his appointment,
and we are pleased to learn from one who
heard the trial that he exhibited many
Oh the highest qualities of a good and up
right judge.
There was splendid array of counsel
on both sides. Hon. G. B. Aycock. NJ.
Dew. Stevenson and John d. Bellamy.
Esq. represented the plaintiff, and Col.
A. Nj. Waddell. Hon. f. NJ Simmons
and A. d. Ward, Esq. represented the
defendant, and it is said the contest be-
tween opposing counsel was one of the
ablest and hottest every witnessed in the
Cape Fear section.
Referring to the speech of Mr.. Sim
mions in the case yesterdays Messenger
contained the following:
During the past week the Hon. f. NJ
Simmons has been here in attendance
ON the United States court as one of
the defendants counsel in the suit of
the Write Oak River Corporation, for
$4,000 damages. against Mr.. Thomas
y. Mcintyre, which was yesterday de-
cided IN favor of the defendant 4
formidable array of legal talent has
been engaged on both sides in this suit
and the speeches of both the plaintiffs
and defendants counsel were very able
and of a high order.
In the closing speech for the defend
ant, on Thursday, the Hon. A. NJ. Wad-
dell paid an unusually high tribute to
his associate counsel, the Hon. f.. NJ.
Simmons, of n wberne Colonel Wad-
dell began his speech by saying that
in his career at the bar he had, on not
few occasions, felt demoralized by the
argument Of his opporcnr, bnt that III
this instance he had experienced
like feeling of decentralization upon
listening to the argument of his asso-
ciate. Mr.. Simmons, who had so forci-
bly,. logically and eXhaustively dis
cused the law and the facts of the
case as to leave nothing for him to say.
except in repetition. Colonel WaddelPs
speech, however was pronounced by all
who heard it to be a most able and adj
mirable one and WIS made in his happiest
vein"