The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1900-10-02

Pursuant TO adjournment for recess
of New Hanover county met yesterday
al $50 A. NJ. His Honor Judge Fred
| Moore on the bench
The court consumed a few minutes in
| cleraing the calendar by continuing
quite a number OF cases. The follow
ong were continued by consent and for
other reasons:
Ziilah Fowler vs.. John j. Fowler: 3.
f. Penny VS.. Wilmington, Columbia
and Augusta Railroad Company; w.
T. Dortch VS.. w. T. Zimmerman ct a.:
Junius Davis. receiver Of the bank OF
New Hanover, VS.. the Buffers Lum-
Der Company; Navassa Guano Compa-
ny vs.. McNair & Pearsall ct al; Thos.
F. Bagley VS.. City OF Wilmington;
Nita III. Hullen VS.. City Of Wilmington:
ton; City OF Wilmington vs. Caroline
Howe ct al; j. CT. Wright & Son vs.
Zilah Fowler; r. w. Hicks ". John
r. Turrentine; ]. Z. Taylor vs.. w. II.
Howe; j. IL. Sloan vs.. j. L. Hines;
| Davis Sulphur Ore Company vs.. Pow.
ers. Gibbs & Co; National Cash Reg
lister Company VS.. Lucy j. Ferris: T.
| Donlan VS.. American Bonding & Trust
Company; w. K. Worth vs.. City Of
| Wilmington; r. W. Smith vs.. Inter
| State Telephone and Telegraph Conn
pany; Lura j.. Hales VS.. John w.
Harper.
The following cases were disposed
of as follows:
j. r.. Strauss, executor vs.. City OF
Wilmington, continued and set for the
| first case on the first day Of h next
term II this court.
W. E. Worth, receiver VS.. B. j.
| Fisher, continued and set for the first
Monday of the first week OF the next
term of this court.
w. E. Worth. receiver vs.. Hal w.
Worth, continue and set for the first
Monday of the first week OF h next
term of this court
w. f.. Worth, receiver. ". z. p.
wharton, continued and set for the
first Monday OF the first week OF he
next term of this court.
j. C. Shepard, Jr., VS.. Atlantic coast
Line for $40. 900 damages for personal
injury, continued and set a the first
case on Monday of the second week
of the next term Of this court.
Mrs. Winnie Bowden Shepard VS.. At
lantic Coast Line, for $4,000 damages
for personal injury, continued and set
for Monday of the second week OF the
next term of this court.
w. Z. Bonitz VS.. F. T. Mills. for
$3.50 damages for personal injudies
received from a runaway horse, con-
tinued. The defendant allowed &c
his answer il he SO desires.
and file new anSwer
RECEIVERS APPOINTED.
The court stopped a few minutes in
its work on the calendar 70 hear the
petition on behalf of Mr.. r. ). Neal,
of Morehead City, to make permanent
the temporary injunction restraining
Messrs. George 5. Briggs & Co, OF
Norfolk. from operating a saw mill at
Morehead City, in which all the parties
have interest. Judge Moore after hear
ing argument continued the injunc-
Etion and the temporary receivers
Messrs. John Dunn and Owen H.
Guion, were made permanent receivers.
Messrs ID. l.. Ward and w. W. Clark.
of the New Bern mar, appeared As
counsel for Mr.. Neal. and Messrs.
Briggs & Coo, were represented by f.
r. Baird, Esq, of Norfolk, Va. n
Charles l.. Abernethy. Esq. of Beau
fort
THE TWENTY THOUSAND DOL
LAR DAMAGE SUIT.
After the court had continued a
number Of cases on the docket il again
proceeded with the trial Of the sc. 600
damage suit of Ex-Mayor ;. H. Fish
blate, of this city, against Massrs.
W~allerStein, Klee & Co, wholesale
~clothiers of New York. AS heretofore
STATED Mr.. Ffshblate sues for $4,000
that his business suffered to that ex7
tent from his being forced into
making an assignment in 1897, on az
count Of an attachment or his stock
by Messrs. Wallerstein. Klee & Co..
to whom he was indebted. The court
began it's proceedings for the day in
this cause by resuming the examine
ton of Ex-Mayor Ricaud as a witness
for the plaintiff. Mr.. Fishbtate, the
plaintiff, was again called back to the
witness stand, and the other witnesses
examined Were E. K. Bryan, Esq,
and ExLMayor w. N. HarTiss. At 1920
p. m. the taking of testimony cor
Guided and it was agreed 20 begin the
argument at 3 p. m. After briefly
hearing another matter which came up.
the court took a recess till 3 p. m.
At 3 p. m. the court r~econvened and
the argument was opened by the Hon.
George who made a mas
terful argument for the plaintiff. His
speech was clear cut and by his able
handling Of the legal points Mr.. Roun-
tree again proved himself a profound
lawyer. He closed his speech at $40
D. M
Congressman John ID. BelIamy then
{ addressed court till 6:25 .. m
when the court took a recess dlIe.3l
O'Clock tomorrow.
EXCITING EPISODE IN COURT.
Before concluding, Mr.. Ballamy stat.
ed that he would rsume his argumen.
and speak for an hour and a half long
er Tomorrow. He mad a very strong
argument. and demonstrated his fine
). ability as a lawyer.
While ExlMayor Ricaud was on tbs
witness stand yesterday morning
quite an exciting episode occurred IL
court CONGRESSMAN BeIIamy. one o.
the defendants attorneys made a ID
remark TO his associate counsel, In.
Hon Franklin MCNEIL, and IL wal
overheard by z. K. Bryan, Esq. on
{ or The attorneys Tor the defense. Some
hot words occurred between Mes6rs
} Bryan and Bellamy as 60 the correct
!, ness OF h statement, and they aroe<
. a were about to come TO blows
when friends inteTfefred. Both gen
t1emen apoboRized % the court.