The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-01-29
THE JURY HUNG.
THE FOWLER CASE ARGUED IN THE
SUPERIOR COURT YESTERDAY
The Jury Retired at 5 O'Clock and Staid
Ont All ~NIght-They Cannot Agree.
Motion to Set Aside the Verdfc
Against Captain John w. Harper.

Pursuant to adjournment for recess
on Thursday evening. the superior court
, met yesterday morning at 10 O'Clock,
his honor Judge Hoke presiding.
When the court met B. G. Empie'
ESQ, gave notice OF a mouoh
to set aside the verdict of $50 rendered
for the plaintiff in the damage sut Oh
Laura Gertrude Hales agansu Captain
Holm w. Harper. He stated h a he
would ask that the verdict be set aside
because the answer was not responsive
10 the judges charge and was contrary
to the evidence and statements of the
case as admitted by the defendant.
Judge Hoke ordered the clerk to mott
fly the defendants attorneys OF Mr..
Empie's motion so they can be heard
when it is called UP.
The suit of Mrs. Elijah Fowler against
John ]. Fowler. the trial of which De-
gan Thursday morning, was continued.
1t will be remembered that on Thurs
day evening the argument in this case
began with a speech by E. K. Bryan.
ESQ. for the plaintiff, who brings TINS
suit to correct a deed Tor a lot on the
eastern side Ct South Front street pc
tween Church and Castle Streets. Inc
deed which ~purports to have been exc
ctIted by the late Mr.. w. q. Fowler,
before his death, in favor of his Wafe,
Mrs. Elijah Fowler, was dated OCTOBER
IL, 1893. and was recorded in 1896. IN
describing the property which At con
cerned, the description given was thAt
IT lay on the eastern side or FRONT
~ F~-a n~ 4hn nnfPrGprT1nn OH
Church street. The property really
begins at a point sc feet from the south
eastern intersection of Church street,
and the rlaInIiff seeks to correct the
deed by amending it 50 as to ope
locate the property The defenoaht
Dbiects ito the correction OF the deco,
holding that it is null n
void in that 1t does MOI
describe the property and as heretofore
stated, that the deed was a forgery. the
signature not being that OF Mr.. W. u.
Fowler. In the examination or the
witnesses on Thursday Colonel homas
Evans. Mr.. w. L. Smith and Mr.. w.
M. Cumming testified they were ran1llar
with Mr.. Fowaer's signature; that the
name to the deed was not Wruuten by
him. The plaintiffs witnesses testl-
fed that they witnessed Mr.. Fowler
sign the deed while he was sick in bed,
one of the witnesses. Mr.. w. r. Nor
1ttson. having written the deed at MIR.
Fowler's request. The plaintiff &C
counts for the difference in the sig
nature Of Mr.. Fowler on this deed from
his signature on other an
evidence, by reason of his being IN ped
and not being able to make his sgna-
turie as natural as usual. The general
outline of the signature was like his
but the experts bowed differences be-
tween the &c" and the final r. as
compared with his proven signatures
on other documents.
When the court met yesterday the ar
gument was continued. John d. Bel
iamy, Jr., Esq. spoke for the defend
amt, and was followed by ]. B. Schulz
ken. Esq, for the plaintiff. Congress
man John D. BeIamy and Marsden
BeIIamy, ESQ. hen spoke for the de-
Tense, and the Hon. n
closed for the plaintiff. The speeches
were quite able on both sides.
The argument closed about 4 ocloch
and after Judge Hoke charged the
Jury. it retired about 5 p. m. to make
I'D a verdict on the issues given 10
them. They could not agree and as
The Messenger goes TO press they are
still locked up in h court house.
Among the other cases called up be-
J. O. Carr. Esq, introduced Archie
Rock Dunning, Esq, to the court, anC
presented him for admission to the bar
His license from the supreme court
was handed up TO Judge Hoke and he
requested Mr.. Carr to administer the
oath to Mr.. Dunning. Mr.. Carr there
upon swore Mr.. Cumming in as a prac-
ticing attorney in this court. Mr..
Dunning is a young lawyer WHO re-
moved to Wilmington from Berthe
county a few months ago. He is with
the law firm of Russell & Gore.
fore the court adjourned the following
were continued till the April term:
Junius Davis, receiver Of the Bank or
New vs.. Buffers Lumber
Company; Mrs. Meta II. Hullen VS..
City of Wilmington; w. E. Worth &
Co. VS.. City of Wilmington; H. L. Pc
terson vs.. City of Wilmington; George
Hilton VS.. Matte Hilton; Gilber't l..
Miles VS.. Geo. Z. Pope; City vs. n.
Jacob; City VS.. John D. Bethany; Ma
vassa Company IS. McNair & Pearsall,
ct a..
E. K. Bryan. Esq. announced that IN
the Ease of w. z. Worth & Co. VS. IL.
B. Pennington, the defendant confess
ed Judgment. Judgment was orderedbo
be entered.
The court at $50 D. m. taook a recess
till 10 O'Clock this morning.
Pursuant to adjournment for recess
on Friday evening, the superior court
met yesterday morning at IO o CLOCK,
His Honor Judge Hoke on the bench.
The following jurors were sworn in
for the day: NJ. F. Beasley, W. II. H
Todd, George NJ. Grant. o. a. Wig
gins. William Simpson. W. T. Penny,
Louis Gordon, J. H. Holton. y. j. Han
by.
The Jury which retired Friday even
ing to consider the issues in the case
of Mrs. Zillah Fowler VS.. John j. Fow-
Ter, came in 500 after court convened
and rendered its verdict. which was
not agreed to until Just before the
court met. The issues were answered
as follows:
1. Did deceased, w. G.. Fowler, exc
cute and deliver to his wife, Zillah
Fowler plaintiff. for love and affection,
the deed or instrument set out and re-
ferred to in section 8 Of complaint?
Answer, Yes"
2. Did said w. G.. Fowler intend to
a. rNr ~,nnffnna1