The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1898-01-28

Convened Yesterday Morning n 10 O'clock.
Judge Adams Presiding The Suit
Brought by Mrs r. j. Walker Against
Mr.. j. h. Mercer and Others On TrIAl-Ar
Interesting Case

Interesting Case
AT 10 O'Clock yesterday morning the
January term of the superior court for
New Hanover county convened in h
court house. His Honor Spencer B.
Adams. of the Fifth district. judge pre-
siding. with the following court officers
in attendance: Colonel John D. Tay-
hor, clerk, Mr.. Preston Cumming. dep
uty clerk. Mr.. Elijah Hewlett. high
sheriff. Mr.. ". W. King. deputy sheriff.
and NJ. C. Richardson. Esq, solicitor.
The first case called was one brought
by Mrs. E. ]. Walker against Mr.. ]. B.
Mercer. ct al.
This is an action brought by the
plaintiff to recover s1.765 from the es-
tate Of the late II. c. Evans, on an i'm
piled contract, hat is that during the
sickness Of the late H. c. Evans, Mrs.
Walker acted as nurse and attended TO
him, and as a reward for this service
the deceased had a residence built on
Princess street, between Fourth and
Fifth, and told Mrs. Walker that he in
tended to give it to her and that she
should have it at his death, but that at
his death the house and lot was neither
willed or given to the plaintiff.
The plaintiff is represented by Frank
Mcneil, Esq, and John H. Gore, Esq,
and Messrs. Ricaud & Bryan and
Messrs. Bellamy & Bellamy appeal for
the defendants.
1t only took about thirty minutes to
select a jury, which is constituted as
follows: Thomas Emmett, Louis Cor
don, James English, w. G. Keen,
CASTOR Thick, H. L. Deane, Peter j..
Sweet, e. w. Rogers, E. NJ. Mott,
Washington Burk, N. A. Franks and
Thomas E. Starky.
After the reading of the complaint
and answers the plaintiff commenced
to introduce testimony.
Drs. w. J.. H. Bellamy and J. G.
Shepard were the first witnesses and
testified to the attention Mrs. Walker
had given Mr.. Evans during his sick
ness, as did also witnesses, L.. B. Rog-
ers, ]. P. Flynn, Anthony Livingston,
B. o. Stone and ]. w. Freeman. Sheriff
Taylor. of Brunswick county, and Mrs.
E. Warren testified that h deceased
had told them that he intended to give
Mrs. Walker the house in question as
she had taken care of him. Mr.. K. NJ.
Wescott was introduced, but counsel
for the defendants objected to his testi-
mony, which objection was o~verruled.
Witness Wescott stated that the de-
ceased informed him and his wife that
he intended to give Mrs. Walker the
house and lot.
Mr.. Joseph Silvy testified that he was
the contractor who bull the house, and
that all his contracting was M with
Mrs. Walker.
counsel for the plaintiff here intro-
duced the will of the deceased, which
was read. The will showed that the
house and lot had not been left Mrs.
Walker. The plaintiff, Mrs. Walker
under the law could not testify to an
implied contract existing between her
and the deceased, but did testify that
the contractor, Mr.. Silvy, came to her
to see about some of the work on the
house and stated to her that the de-
ceased had told him that he (the de-
ceased) intended giving her the house
and lot.
DIR. Bellamy vas recalled to the wit
ness stand, and testified that he attend
ed the deceased during his first sick
ness and that he thought 81 per day
not an exorbtant charge for a nurse to
make. DIR. Shepard was recalled and
testified that he attended the decease
during the sickness which terminated
in his death and that he thought 81
per day was a moderate sum to pay a
nurse.
The plaintiff here closed her case, and
counsel for the defendants made a mo-
Il. ;-~os 4I4 .o1f;N~ m Shn