The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1900-06-22
UNITED STATES DISTRICT COURT
COLUMBUS AND CUMBERLAND COUNTY
CASES HEARD YESTERDAY.
Officers and Jurors of the Court-Ali
Cases Tried Yesterday Were for Re-
taiIing-The Robson County Docket
to lie Called Today-Visiting Attor-
news Here Contempt Case Now
Pending Before Judge Purnell.

GOIlN III
ing by Judge Thomas r. Purnell. Some
time was devoted to the work Of
swearing in officers, drawing juries,
etc. after which the routine hearing
of cases was taken up, those heard
Yesterday being from Columbus and
Cumberland counties. The court off,
GERS are c.. NJ. Bernard, Esq, district
attorney; Oscar j. Spears, assistant
district attorney; c. II. Dockery, mar
shall, and w. H. Shaw, clerk.
The matter of empaneling the grand
and petit juries was the first work
which engaged the attention of the
court. Messrs. NJ. w. Divine, j. S. Arm
strong, Edward Wooten, Jr., X. w.
Livermore, B. F. Hall and Owen Fen
nell were excused from serving on the
jury. The jurors as drawn apd en-
paneled are as follows:
Grand Jury-Geo. H. Cannon Cfore-
MANI, Robert Atkinson, A. T. Herring,
j. T. Rivenbark, Neill Mcleod, Thos.
Parker, J.. Mop. Geddie, James P. Nc
Lean, Edward Evans, George c.. Nc
DOugal, a. c. Warren, T. E. Owen, L..
w. Moore, Ed. Kennedy, Wade Bryan,
L. A. McLaurin, Bryan Blackburn, and
Ransom Royal.
Petit Jurymen-A. H. MCLAUGHLIN,
F. F. McDufie, David d. Devane, John
White, Ira Lennon, William Johnson,
Goodwin, Joshua Council,
John S. Swinson, J0hn Carroll, Jacob
Ivey, T. G. G. Smith, James w. Cal
win, A. ". Goodwin, w. Usher New
kirk, Marshall Williams, Wash Low
rey, E. ]. McRacken, Ben Smith, For
e Richardson, A. Nash, Charles
Grantham, Daniel Wilkinson, j. S. w.
Eagles.
a. D. Morrissey was sworn in as
crier for the court, E. Hewlett as bailiff
in charge of the grand jury, n J.
Lochlin and John H. Brown as bailiffs.
Judge Purnell issued an order ap-
pointing A. D. Morrissey, of Fayette-
vile, a United States commissioner.
The appointment was on application
made by Morrissey and endorsed by
Thomas H. Sutton and H. G. Dockery.
Cases disposed of yesterday during
the session of the court were as follows:
Stephen Rising, Columbus county,
plead guilty of retailing liquor without
license; Judgment, thirty days in Jail
and 800 fine and costs.
Albert Rising, Columbus county,
plead guilty of retailing; judgment,
thirty days in Jail and 500 fine and
costs.
Fred. Williamson, Columbus county,
plead guilty of retailing; judgment,
thirty days in Jail n 500 fine and
costs.
John Simmons, witness il case
failed; judgment nj 81; fined $40.
Alex. McLaurin, Cumberland county,
retailing; defendant discharged.
John 1. Carver, Cumberland county,
distilling; mol pressed with leave.
David Duncan, Columbus county, re-
failing; plead guilty; judgment, thirty
days in Jail and 800 fine and costs.
Lloyd Duncan, Columbus county, in
timidating witness; three months in
Jail.
Grant Perry, Columbus county, re-
failing; plead guilty; judgment, thirty
days in Jail and 800 fine and costs.
Entries of called and failed were
made against NeilI Hardie. ]. w. Pow
ell, Henry Edwards and John ]. Ed
ward as witnesses in various cases.
The court took a recess about 2
o'clock until 8 o'clock this morning,
when cases from Robson county Will
be called for trial.
Among the out-of-town attorneys
who are here attending the court are
Colonel w. F. French, of Lumberton;
c c.. Lyon, Esq, of Elizabethtown;
j. H. Cook. Esq, of Maxton; G.. b. Pat
tersOn, Esq, of Maxton; Col. N. A. Me-
Lean. of LumbertOn; w. B. Rodman,
Esq, and c.. F. Warren, Esq, of Wash
ington N. e.; r. a. Burton, Esq, of
Raleigh; laudius Dockery, Esq, of
Rockingham. Walter H. McNeill, Esq,
and J.. D. Shaw, Jr., Esq, are expected
today from Laurinburg.
A case which has no connection with
the court, but which is being heard by
Judge Purnell. is a case of contempt
against Mr.. l.. R.. Mayo, of Washing
ton, clerk of the superior court of
Beaufort county. a short time was de-
voted to the hearing of the case yes
terday afternoon, and it will be re-
----~l 49, - d.,
nell comes up from the beach, and con-
tinue until 9 o'clock, the hour when the
regular session of the court will be
called.
The circumstances of the case are
that about a month before Hoyt &
Mitchell, of Washington, n. c., were
declared involuntary bankruptS they
sold their stock of goods to Mr.. L.. r.
Mayo, the defendant, n when United
States Deputy Marshal ]. w. Perkins
went to Washington to seize the stock
by order of the United States court,
Mr.. Mayo forbade him to enter the
store and barred the marshal out. This
was about April 18th last, and the pur-
chase of the stock by Mayo was about
a month prior to that time. The United
States marshal. it seems, too forcible
possession of the stock, and Mr.. Mayo
instituted proceedings in the superior
court of Beaufort against H. c. Dock
cry as United States marshal, charging
forcible trespasS. Subsequently the
proceedings for contempt were insti-
tuted by Marshal Dockery in the United
States court against Mayo.
The ground on which the charge of
contempt is based is that the sale Of
the stock to Mayo by Hoyt & Mitchell
was not valid for the reason that they
Were insolvent at the time the sale was
made. BY a ruling OF the supreme
court, in case of involuntary bank
ruptcy, any sale of stock as a whole
made within four months prior to the
time OF the institution of the bank
ruptcy proceedings, is declared null
and void, and the goods are liable to
seizure and division among the cred
itors OF the b~ankrupts, it being only
necessary to prove that at the time the
sale was made the vendors (subse-
quenty bankruptcy were insolvent.
The Unite States district court was
in session from 8 until 2 o'clock yester-
day and during that time, aside from
~disposing OF a number of Eases for re-
failing, Illicit distiliing,t etc, heard
some further testimony in regard to
the contempt ase from Washington