The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-08-20
THE SUPERIOR COURT.
THE HAUSER CASE CONTINUED TILL
NOVEMBER 4TH.
The wa Anxious for a Trial
but There was not Time Enough Left
to 60 Into it at this Term Other
Cases Disposed OF.

Pursuant to recess on Friday even
ing. the superior court met yesterday
morning at go o'clock. His Honor
Judge Oliver H. Allen, presiding.
The case against VIM. Johnson, col
ored, driver OF 4 of the ice wagons
Of W. E. Worth & Co.. for failure to
have a number on his wagon, in &C
cordance with a city ordinance pro-
scribing a fine for such failure, was
taken up for trial. The case came up
In this court on appeal from the munic-
1pal court in which Mayor Waddeil
lined the defendant. Mr.. w. E. Worth
took up the case OIL appeal, as he was
the real defendant. His attorney, Ex-
Judge Z. K. Bryan moved 20 dismiss
the warrant On the ground that the or
finance is unconstitutional. The mo-
ito was denie1 and the defendant ex-
cepted. a special verdict Of not guilty
was then ordered by the court
upon the ground hat the ordi-
nance is ineffective, too vague and
no specific III fixing the penalty for
violation of the ordinance. In other
words it doesn't say whether the dray.
the horse, the driver or the owner shall
a the fine. 1t was held that the or
requiring such a tax is consti-
tutlonal but it must define who shall
pay he penalty for it's violation. The
plaintiff excepted and took an appeal
to the supreme court.
On motion Of Herbert McClammy,
Esq, counsel for Jeff Baldwin, who was
convicted of larceny a few days ago.
the verdict was set aside on the ground
fhof the InfIrlo p, r-;ro -~ol0 .
means OF his conviction. A new trial
was ordered.
AT 1 O'Clock just before recess for
dinner, the case against H. Hauser,
charged with setting fire to his store at
122 Market street last Sunday night,
was called. The defendant was in court
with his counsel, Congressman John D.
Bellamy, George L. Peschau, and
Brooke G.. Empie, Esq. Solicitor Ro-
dolp Duffy, Marsden Bellamy, Esq,
Herbert McClammy, Esq, and City At
torney William J.. Bellamy, appeared
for the state. Hon. John D. Bellamy
entered a plea Of abatement and moved
to quash the proceedings. He was
heard on his motion and after the
states attorneys had spoken against
the motion, the court without ruling
upon the same. continued the motion
to he next term for criminal cases,
which %convenes on Monday, November
4th. The defendants counsel were
anxious to go to trial but as the term
Of the court was about to expire, there
would not be sufficient time in which to
try the case. Judge Allen stated that
he wished to recommend to the gov
ernOr to extend the term another week
in order to clean up the docket but on
account of Judge Bryan's illness he
a been commissioned to hold his
term of the Craven county superior
oO11~4 -hfoh II
also has been commissioned to hold
court inGreene and Pitt counties instead
Of Judge Bryan. Leave was granted
the states attorneys to amend the war
rant and make answer to the plea.
The solicitor urged that the defendant
| Hauser be required to give a bond Of
| 81, 900 for his appearance at the Novem-
Der term but the defendants counsel
submitted hat sue a bond would be
excessive and would compel Mr.. Hauser
to lie in Jail till November. Judge AL
len required the defendant to give a
justified bond at $500 and ordered the
prisoner to be held in the custody Of
the sheriff till he gave bond. The
prisoner was carried to Jail but at 6:15
p. m, he was released on bond, the
sureties being Ieger Meyer, Paul Case,
F. G.. Punke, f. w. Ortmann, H. Went
zensen, W. G. A. Otersen, and F. H.
Krahnke.
When the court met after dinner,
George Hunt, t5e colored boy who was
convicted OF stealing a watermelon, was
sentenced to four months in Jail, with
instructions to the county commission
ers to work HIM on the public roads or
hire him out.
In the civil suit of the Carolina Chem
1ca1 Company against G.. w. Westbrook,
J. O. Carr, Esq attorney for the plain
tiff, made a motion for judgment by de
fon1t T,11op lion donio6 tho motion
holding that this was a term for the
trial of criminaf cases only and for the
reason that the defendant had no notice
except the in this cause. The
plaintiff excepted and took an appeal
to the supreme court. Appeal bond was
fixed at S25.
In the civil action of John W. Gotten,
administrator of the Frink estate
against Mrs. Susan E. Moore, admins
tratrix of Roger Moore, Eugene Martin,
Esq, was appointed referee.
Former Judge E.. K. Bryan was ap-
pointed referee in the sui of the Rev
Edward Wootten against the Whining
ton and Weldon railroad.
The court expired by limitation last
night.
During the term the principal con.
victions and sentences were as follows
John Bell, colored, larceny, 10 mon
on the public roads.
George ROBINSON, cOlored, larceny l.
months on the public roads.
Mally Russ, larceny, II months on tn
public roads.
Mack Taylor. colored, HOUSEKEEPING
I years on the public roads.
Ed Willis. colored, arson. ordered Il
be sent to the insane department of thu
penitentiary.
Joe Blocker. colored. larceny,
months on the public roads.
T1-,ac L-Dnc oN1nrn1 do ~ Orn 70 nor
sonal property, so days or the publ
roads.
Joe Hill. colored, larceny, II month
on the public roads.
George Hurst, colored. larceny,
months on the public roads.
julius Mitchell. colored. assault an
battery. 30 DAYS or the public Dads.