The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-05

"'This suggestion recalls to my memory
d ,ose tried before me while acting as
one of the judges of the Superior Courts
az Law and Equity in the county OF
Perouimans. The plaintiff owned mill
on the outlet of Il swamp some miles
below its entrance. The defendant
cleaned out and deepenpd the outlet
above the plaintiffs mill and partially
drained the swamp by means of bitches.
The grayamen of the action was that
the defendant had by his operations In
iured the mill which was of long stand
ing. in this, that instead of letting the
water of the swamp flow to the mill in
it's natural way by which there was a
regular supply of water, the acts Of the
defendant caused the water in time of
rain to run off in excess and leave no
regular supply to be retained by the
swamps as it used to be- held that the
plaintiff had no cause of action-dam-
mum absque injuria
This decision was submitted to by the
plaintiffs attorneys. the late Judge
Moore and Mr.. Charles Kinney, both
of whom were men as learned and able
as any who have ever belonged to the
bar of this State"
The daughter of his first wife married
an Episcopal minister by the name of
Harvey Stanly, who was nephew OF
the late distinguished John Stanly
stricken with paralysis while speaking
in the old Governors Mansion at the
foot of Fayetteville street, when it was
occupied by the General Assembly of the
State. Some of Mr.. Harvey Stanly's
sons were noted public men in Mary
land, whose descendants may now be
living in that State.
Mr. Kinney'S second wife was a Miss
Davis. daughter Of DR.. Davis, of
Currituck county. There were several
children by this marriage. and the last
one of his children. daughter, died
near South Mills, in Camden county
within the last twelve months. As far
as ! have knowledge, there are now
living no descendants or representatives
OF this second marriage. Death is
sometimes called a mans great enemy
an enemy that he can not conquer. In
deed it is mans greatest friend, heals
all wounds, soOthes all sorrows. allays
all bitterness, buries all animosities.
In the Fall Circuit OF Courts, Mr..
Kinney. who had been for several
months in feeble health. resumed his
active practice, after recuperating his
health at the Virginia White Sulphur
Springs He attended Chowan Superior
Court at Edenton, and was employed in
all the leading cases on the docket. The
N0rcom and Mesmer ease was for trial
ana was of intense interest. lt had torn
the community into hostile factions, and
had much embittered old friendships
Mr. Kinney WIS employed in it. The
first witness called was stubborn, and
Mr. Kinney gave him a sorching eXami-
nation. In the progress of the examina-
ton he became eXeited-had hemor-
rhage and had 10 leave the court room
He ordered his horse, and left for his
home near Elizabeth City. In passing
through Hartford. PerquimanS county
twelve miles from Edenton. he had a
second large hemorrhage. and was taken
into Dr. David Johnson'S office, where
with a few friends near, he expired on
the 9th day Of October, 1910, with the
words addressed TO Il young friend
whom he recognized: II know my fate
] am net alarmed My wife and child
rem, that's all"
Thus died Charles II. Kinney. one or
the brightest stars in the legal galaxy
Of Eastern North Carolina. From the
tire of his sudden attacl~ he doubtless
felt his end was near, and made an
early effort to reach the bosom of his
family, that he might die in their pres
ence and embrace. His efforts failed,
AMI he fell by the wayside. not, however.
in the land of strangers, but at the
home of friends. His death was a great
loss. and the loss was universally felt
throughout his section. No man con-
trolled greater influence, and no death
created a more heartfelt vacancy.
He was buried in the Episcopal church
yard in Elizabeth City. No monument
marks his silent resting place, but it is
in early contemplation. both by the
county of Pasquotank and the members
of the bar, to erect suitable monument
over his remains.
1t is meet that the sacred. spot. now
overgrown with the weeds and the
briars. and where the poisonous reptile
may nestle in security, should he re-
placed with monument commemorative
of the deeds and services of one of the
most useful and eminent men that ever
| lived in the Albemarle section
The intent of . this short imperfect
sketch will have been accomplished, if it
shall evoke in the minds of the rising
generation an impulse or an inspiration
to emulate "a life whose example is
worthy to be followed and whose record
is fit to be initiated
Sol Creecy has so aided me in ma
terial and facts that | have made thie
sketch our joint effort Without his aid
| could have made no Roadway; and
far more is entitled to him than to me-
| The association of his name will add an
interest, and secure II perusal that MY
name, alone, could in nowise have in
vited or secured. Z. =.
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| illness.
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