The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-06-21
LEASE OF CARROLLTON
DEPENDED ON THE QUESTION
OF CREAM OR NO CREAM.
JURY DECIDED THE LEASE HAD LAPSEC
And an Appeal Was Taken by Lessee Gilbert to
the Superior Court. A Crowd of Wit
nesses and Some Entertain.
ing Tesimanv
ing Testimony

Somebody has said that there are
three kinds of milk-sweet milk, butter
milk and ice Greenland everybody has
heard of the childish query as to which
COW supplied the buttermilk. Yesterday
a jury of four peers was called ON to
decide how many kinds OF milk can be
drawn from one can, in re o. j. Carroll
VS.. w. l.. Gilbert ITO terminate the lease
of the Corrollton hotel i'm this city.
The jury decided that at least two
kinds of milk can be had from one can
and ordered the lease terminated, but
an appeal was taken by Mr.. Gilbert
lessee, to the Superior court and the
matter Will probably come up at the De-
tober term.
Under the terms of the lease Mr.. Gil
bert was to board certain members OF
Mr.. CAROLS family and pay 500 per
month as rent for the hotel property,
the lease specifying in regard to the
board Of the family:
land that he further covenants with
said lessors that he will furnish table
board of the same character as he furn-
ishes his guests in general to 0. J. Car
roll, Mrs. Mary A. Carroll, Miss Jessie
Carroll, Miss Connie Carroll. Miss Pat
tie Carroll and Herbert Carroll for the
period of twelve months, beginning on
the 18th day of March. 1899, without
charge, the same being in part CON
sideration of this lease
The formal allegations upon which
plaintiff depended to terminate the lease
were:
Il. The articles broken had not been
replaced and the premises kept in good
order.
g. That defendant has not furnished
to 0. J. Carroll and family table board
of the same character as he furnished
his guests in general as required by the
lease"
While these were the allegations in
general terms the changes We're r1ng
upon milk, from the testimony of the
tirsst witness to the final burst of the
attorney for the plaintiff in which the
lActeai fluid was hymned as going the
staff of life one better. The lymph of
the festive and omniverous goat was
not even in the same category as an
elixir. There were oceans of testimony
and milk flowed and gurgled in streams
through it all. The three spies that
went to inspect the land OF Canaan and
came back with song and dance about
milk and honey We're mere amateurs.
De sPompadour who used to take her
morning bath in milk could have gotten
points in the Justices court yesterday.
The case came up yesterday morning
before Justice Watts and consumed the
whole Of the day. argument being fin
ished at $50 yesterday evening. A jury
OF four was empanelled to sit on the
case as follows: b. +. Faison, E. b.
Grow, John III. Duncan, Thomas Yates
tcoD.
All the members of Mr.. CAROLS FAM
" were summoned to show that the
treatment of the family had not been the
same as that of other guests of the hotel
as required by the lease; the lessee,
h0use-keepers, clerks and the walters
were summoned to show that there had
been no discrimination against Mr.. Car
rolls family.
For the plaintiff a member Of Mr.. Car
rolls family testified that when one OF
the children had been sick Mr.. Gilbert
had refused to send meals To the house
unless payment for the service was made
in advance, stating that the Carroll
family had treated him dirty. Witness
also said that when milk had been or
dered the waiter said if he gave them
milk he would be fined 30 cents, and he
did not have any money to throw away
on the Carroll table
Another member of the family testifi-
ed that she had frequently ordered milk
and the waiter would say it was out
and afterward serve it to others. Tea
had also been served without ice.
The next witness testified that when
she had guests they We're not properly
served because they were at her table
She had to register guests and pay in
advance for them or they would not be
served at the table. On one occasion
when she had a guest the bill had been
sent down before they had time to take
seat. asking her to please remit
promptly" When she had asked an ex-
PLANTATION she was told that the CAROLS
ought to be used to bills by that time
When she asked for whom the charge
was made she was told that it was pro-
baby for ,..at whiskey drummer or
mailing clerk from Greensboro" This
the witness considered an unwarranred
indignity.
The former head waiter of the hotel
testified that he had been instructed to
order the walters not to serve milk to
Mr.. CarrOlPs family. Other Testimony
for plaintiff was to much the same pur-
pose.
Mr.. o. ]. Carroll was called to the