The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1898-10-28

State on the relation vi
T. jefferson Smith,
VS.. Complaint
Elijah Hewlett, Sheriff.
The plaintiff complaining Of the de-
PENDANT alleges;
l. That the plaintiff is a resident OF
the County of New Hanover, State of
North Carolina and a citizen Oh the
said state.
3 That the defendan was duly
elected the sheriff of New Hanover
County at an election in November,
1894, and having given bond as requlr-
ed by Statute with d. l.. Russell, VIII
liam H. Chadbourn n II. u. Butters
as sureties, and otherwise quallned as
REQUIRED By law, he was inducted lnto
the said office on the first Monday in
December of 1894; that at an election
held in November, 1896, the said de-
fendant was reelected sheriff OF the
said county and having given DOnd as
required by the Statute, with the SAID
sureties, and otherwise quall1ed &C
cording to law, he was indicted for ms
second term into he said office on the
first Monday of December of the said
wear 1896; and that he is now, and has
been since the first Monday in Decem-
Der, 1894, the duly elected and quail
fed sheriff Of the said county.
8. That, as plaintiff IS informed n
believes, and upon such information
and belief AYERS, the said defendant has
not himself discharged the duties OF
his said office as imposed by law, nor
managed nor conducted it's affairs, but
that, pursuant to an agreement enter
ed into by him and one G.. Il. French,
he has farmed out his said office con-
trary to law and the Statute provided
in such cases to the said G. Il. French
in consideration of a. stipulated sum
q 10 -ni1 hy tho III ENrnnnh n n
said defendant; and that, pursuant to
the said agreement, he appointed the
said French his nominal deputy, per-
hitting him in all respects to fully eX-
ercise all powers incident to the said
office, and the said French has dur
ing the term or terms Of office Of the
said defendant Sheriff, exercised in all
respects the full powers of the sheriff
of the caid county, with the mere nOmi-
nal assent of the said defendant, and
that he does now so exercise the said
powers, as aforesaid, and the said de-
PENDANT sheriff, under the terms of his
said agreement with the said French,
cannot and does not assume nor eX-
ercise any supervision of he said Of
flee of sheriff to which he has been
elected and qualified.
4. That, plaintiff is informed and be-
lieves, and upon such information and
belief AYERS, that the said G.. Z. French
ana the ueIeIudnl DelOHS " LIE Ie-
publican party of New Hanover
ty, by which political party the de-
PENDANT was nominated and elected to
the said office; that at the time of the
first nomination by the republican par
ty of the said defendant, the said G. u.
French desired and could have been
nominated and elected to the said Of
flee, but there was some question of
the said French being a BONA fide resi-
dent of said county, and he apprehend-
ID, if nominated and elected, under the
circumstances, his title to said office
would be tested in the courts on the
ground of his nOn-residence; and that,
in order to enjoy the emOluments of
the said office, without mourning the
danger of litigation involving the title
thereto, if elected, the said G.. Il.
French, with the political leaders of
his said party asserting thereto, en-
tered into the agreement h~ereinbefore
alleged with the efendant Hewlett,
whereby he was to be nominated by the
said party, and if elected. permit the
emoluments thereof to be enjoyed and
the powers thereof to be exercised by
the said c.. Z. French, with the defend
ants mere nominal assent, in consid-
GRAFTON of a sum or sums being paid
to the defendant, as ~relnbef al
legged.
And, plaintiff is further informed and
DtlleNeS dIu upOl SUN hiotioA
and belief AYERS, that as a further con-
sideration of the agreement so entered
into by the defendant and the said CT
Z. French, he, the said French, under
took to provide and did provide for the
bond or bonds required by law to be
given by the sheriff of said county.
5. Plaintiff is further informed and
believes and upon such information
and belief AYERS that pursuant to said
onraon,nnt oil tho nuh1ic mOnpVS of
this county are collected by the said
c.. Il. French, acting as nomiLal dep
uty, but in reality as sheriff, aid that
the said public moneys are by him
deposited in the several banks OF de
post in his name as G. II. french
deputy sheriff, n not in the name OIL
the defendant as sheriff, and that the
sale money is held by the said banks
of deposit, not subject to the order OF
Elijah Hewlett, the defendant, as
sheriff, but to the order of the said G
T.. French, as deputy sheriff; and that
this manner of keeping he accounts
of the sheriff of the county of New
Hanover, as before alleged, is pursuant
to the agreement aforesaid, and fur'
Their because the sureties of the sait
defendant, who are the political asso'
ciates Of the said French and HeW'
lett, so required the account to be KEEP
that the agreement entered into be
tween the said French and Hewlett
might be in good faith carried into eff
feet.
6. The plaintiff alleges that the sai6
agreement, as he is informed and be.
lieves. has existed between the sale
defendant sheriff and the said French
during both terms of the defendant
office as sheriff and that 1T does now
exist between them and is every day
acted upon in the conduct of the said
office.
7. The plaintiff alleges that the said
agreement 50 entered into by the de-