The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-06-28
UNITED STATES COURT
THIS TRIBUNAL CONVENED YESTERDAY,
JUDGE PURNeLL PRESIDING.
Argument I'm the suit Of the Trustees
for the Bondholders Against the VIII
mington street Railway Company to
Foreclose Mortgage.

The recess term OF the United States
district and circuit courts which was
adjourned over from the second week
in May, was opened in the United States
court room in mis- city yesterday at
1890 p. m. His Honor Judge Thos. r
Purnell presiding. The officers Of the
court in attendance were District At
torney Claude II. Bernard. of Green
vile. United States Marshal H. c.
Dockery, of Rockingham, n Mr.. W.
II. Shaw, deputy clerk.
By order of the Judge. John H. Brown
colored. was appointed and sworn in as
court crier for this term.
J. o. Carr, Esq. of the Wilmington
bar, made application and was sworn
in as a practicing attorney II the Unit
ed States circuit and district courts.
The civil docket was called n a
judgment Of non-suit was entered In
the case of Robinson Bros. against the
Dixon Cotton Mills, of L~aurinbuTg.
In the matter of the Cape. Fear
Lumber Company against L. L. Cot
tingham, a decree was signed and en-
tered confirming the sale of certain
property sold under order of the court.
The case of the Morton Trust Com
pany, of New York. against the Will
mington Street Railway Co., was called.
Hon. George Rountree appeared for the
trust company and the Hon. John D..
Beliamy in behalf of more than a ma
jority of the bond holders. MessrS. Nc
Intyre, Loeb and Crosby, of New York,
and others and in behalfo of himself. The
action is to foreclose the mortgage on
the Street Railway line and property,
the company having defaulted in the
interest on the bonds sine November
1900. Mr.. Rountree made argument for
foreclosure according to the terms of
the bonds. but Mr.. Bellamy argued
against a decree of foreclosure, saying
that the company has already paid $10,-
600 on a judgment for S74,0O secured by
Mr.. Thomas A. Mcintyre, is continu-
ally paying the interest and other in
debtedness and has made, considerable
outlay in improving its property, hav-
ing relayed it's tracks with heavy iron,
and is paying as an investment. For
these and other reasons he contends,
as representing a majority of the bon
holders that the deed of foreclosure
should not be granted by the court.
At 2 p. m, in the midst of the argu-
ment the court took a recess till 8
o'clock this morning. The argument
will be resumed this morning.
Today the court will also probably
try the suit of London Cotton, colored,
who libels the Clyde steamship Sagi-
naw, for 5000, alleged damages sus-
tanned by the complainant while work
ing in h ships hold on about the 18th
of November. 1900. In his complaint
he alleges that while he and others
were working in the hold Of the vessel,
an inexperienced and careless man was
running the dummy engine in the alb
of the regular engineer, that the
ignorant engineer prematurely hoiSted
a batch of freight from the hold, caus-
ing the matches to tumble down, jam
ming the complainant. breaking his
collar bone and shoulder, causing his
ears and nose to bleed and doing him
permanent bodily injury.