The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1900-07-03

All the business for the term was
completed yesterday by the United
States district court, Thomas r. Pur- |
nell, judge presiding. The judge, how
ever, has several cases under advise
ment and will announce his decisions
Aside from several cases in adj
miralty, all of which are Of local in
%terest, the most notable feature of the
court was the issuance OF a decree by
Judge Purnell as judge of the Eastern
district circuit court, ordering the sale
at public auction of 10000 acres OF
LAND in Dare county. A. B. Andrews.
Jr., Esq, of Raleigh, was appointed by
the decree as commissioner TO make
the sale. The title of the cas- and the
order of Judge Purnell are as follows:
East Coast Cedar Company vs..
Peoples Bank of Buffalo, New York;
American Exchange Bank, of Buff
falo, New York; w. a. Ensign and
Charles Ensign, trading as w. A.
Ensign & Son; NJ. H. Brown, Bank
OF in Buffalo, New York,
by Henry H. Parsons n John r.
HAZEL, Receivers, and h Phoenix
National Bank of New York, De-
PENDANTS.
This cause, coming on to be heard
and being heard on the dispositions
and other proofs, after argument by
counsel both for petitioners and de-
PENDANTS, it is now considered, adiudg-
ed and decreed
First, That the land described in the
petition cannot be actually divided
without great expense and injury to
tenants in common interested.
Second, hat the said and be sold
at public auction at the court house
door at Manteo, Dare county, after
advertising the same for thirty days
in some newspaper published in Ra-
leigh, Norfolk, Baltimore, New York,
and Elizabeth City, said land may, if
the commissioner herein named deems
the same feasible, be divided into five
lots, by taking the natural and estab-
HShed outer boundaries and plotting
lines from established outer points on
Alligator river to the natural points
on the opposite boundary n estimat-
ing the area of UGH lots. That after
selling or offering said lands for sale
in lots as aforesaid, the commissioner
shall offer said lands as an entirety
and report both sales as in lots and
entirety. Parties bidding for said LAND
shall within ten days deposit in the
registry of this court, the Citizens
National Bank, 10 per cent. of the bid
made for a lot or whole of said LAND
VI " 81 lillVu SlICSh LII SoSl dlllOuIl
That A. B. Andrews, Jr., Esq, of Ra-
leigh, N. c., be and he is hereby ap-
pointed commissioner to execute this
order and decree. This order is held
for further orders"
Of the cases in admiralty called yes
terday for trial, that of Captain J.. w.
Harper VS.. the schooner Penobscott,
was of most interest. The evidence was
all heard and the case argued by coun-
sci, George Rountree, Esq, for Cap
tain Han per and Thomas Evans, Esq,
for the owners of the schooner. Wit
nesses for the plaintiff examined were
Captain j. w. Harper, of the steamer
Wilmington; Kelly Reaves, fireman
for the Wilmington; Dunbar Davis,
chief of life saving station; Thomas
st. George, Thomas Sellers, of the life
saving station, and H. A. Kure and
Samuel Northrop, the last two giving
testimony as to the value of the Penob-
scott's cargo of lumber. The testimony
Of the other witnesses was as to the
circumstances attending the accident
which befell the Penobscott when she
raj ashore and the work of the steam.
er Wilmington in pulling her off, q
dispute as to what is q fair salvage
being the grounds on which the suit
is instituted, Captain Harper claiming
$4,000 salvage n the Penobscott
people only offering about $500.
Inc COuIlleI leSllIIlOIly IL liz CdpldIl
n crew of the Penobscott was sub
mitted to the court in the form o.
affidavits made in New York They
are very voluminouS. AS stated
above Judge Purnell has reserved hi:
decision until he can examine the teS'
timony of the captain and crew of thu
schooner, the only question which h
is to decide being the amount of sal
wage to which Captain Harper is en-
titled.
The Messenger learned last nigh
from an authoritative source tina
Judge Purnell has decided to ALLOW
Captain Harper 1000 salvage.
Another case in which Judge Purnel
heard the evidence and argument an
reserved his decision was that of Cap
tain Walker Newton VS.. the Carrie L
Tyler for 1926 pilotage fees, Thoma'
Evans, Esq. representing Captain New
ton and George Rountree, Esq, tn
defendant vessel. The grounds OIL
which the suit is based are that Cap
tain Newton offered his services a.
pilot to the Carrie L. Tyler and sh'
declined the service and the state Law
governing pilotage provides that whel
pilotage service is rendered and Their
is no pilot aboard, the vessel is liabl
to the fee whether the service is &C
cepted or not. The contention on tn,
part of counsel for the vessel is tina
the state law is unconstitutional.
Evidence and argument were heart
in case of commissioners of naviga
ton against the Carrie L. Tyler 70
six penalties of $40 each for enterin.
harbor without pilot.
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