The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-03-04
JUDGE PURNELL'S ORDER
BILL OF EXCEPTIONS IN THE
SCAIFE LAND SUIT.
WILL TAKE SEVERAL DAYS TO HEAR THEM
About 500, 900 is involved in the Suit. Part
of the Land Now in Litigation Was Once
Owned by Robert Morris, of
Revolutionary Fame.
Revolutionary Fame.

The new Assistant District Attorney.
Oscar ]. Spears, of Harnett county, yes
terday morning took the oath of office
1t was administered by Deputy Clerk
A. G. Lehman. Mr. Spears succeeds
Mr.. Frank S. Sprull, of Franklin coun-
ty, who is a lawyer of ability and has
made most excellent record as As
sistant District Attorney.
Yesterday afternoon ut 6 o'clock Judge
Purnell opened District court and made
the following order establishing "a Uni
ted States penitantiary at the State
prison in this city:
ION motion of c.. NJ. Bernard. attorney
for the United States, it is ordered that
the order heretofore made designating
the Ohio pen as a place of confinement
for prisoners convicted in the Eastern
district of North Carolina for violation
of the criminal laws of the United
States be and the same is hereby re-
voked. 1t is further ordered that from
and afted this day all persons convicted
in the United States courts of the East
ern district of North Carolina for vio-
lation of the criminal laws of the United
States and sentenced to be imprisoned
in penitentiary shall be imprisoned in
the North Carolina penitentiary, situa
ted at Raleigh, \. c., which is the prison
designated by the Attorney General OF
the United States as Il place of con-
finement for such prisoners.
THOS. X. PURNELL.
Judge Presiding"
Accounts of the United States marshal
for the special term of court in Febru-
airy were also approved.
All day yesterday Judge Purnei was
engaged in settling at chambers, the bill
of exceptions in the case of Seattle vs..
Land Company, known as the Scaifc
land case.
There are fifty-fve Of the exceptions
and only twelve were disposed of yes
terday. At this rate it will take three or
four days to complete the argument
But Judge PurneH says it must be com
pleted and the matter finally disposed
of at this hearing The plaintiff is rep
resented by NJ. Silver, of Morganton, and
the defendant by E. J. Justice, of Ma
rion, and It. A. Sondley, of Asheville
There is about 10000 acres of land
worth about 100000 involved in this
suit. 1t grows out of two grants which
overlap each other, The Scaife grant
was made in 1895 and the Land Com
pany's grant bears date of 1878.
Scaife is a Philadelphia capitalist and
principal owner of the busted Morgan
ton bank. Several years ago he pur-
chased grant which was originally
issued by the State, in 1895, to William
and Robert Tate. They conveyed IT
to Robert Morris, of Philadelphia, who
was the financial agent of the American
Revolution. Sam 7. Pearson, cashier
of the Morganton bank, bought it from
Morris heirs and those to whom they
had conveyed it. Scaife bought it from
Pearson.
The Western North Carolina Land
Company is also composed of Philadcl-
phia people. They bought up large
tracts of land entered in 1873. When
Seattle found that his land overlapped
theirs by some 10000 acres he brought
suit in the District court at Ashevile for
possession.
The case has been twice tried-both
being very long and tedious trials; ami
each time it was decided in favor Of
the defendant The hearing of excep-
tons now is preparatory 10 taking an
other appeal to the United States Cir
cult court of Appeals.