The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-05-18
TIE BREEsR CASE RE-ARGUED.
The Wilkes and stanly Bond Cases Are Again
Before the Court

The United States Circuit Court of
Appeals reconvened in Richmond We'd
nesday with the following judges in at
tendance: Circuit Judges Golf and Sim
onton, and District Judges Morris.
Brawley, and Boyd.
The following North Carolina cases
have been argued
No. 1888. William E. Breese, plaintiff
in error, VS.. the United States, defend
ant in error. From the District Courr
of North Carolina, at Asheville, in which
court the plaintiff in error was convict.
ed for embezzlement of the National
Bank of Asheville and sentenced to ten
years in the penitentiary. On October
Z, 1900, this court affirmed the judg-
ment Of the District Court, but after
wards, on April 5, 1901, granted him a
rehearing. Judge Charles A. Moore, of
Asheville, N. c., and Senator j. G.
Pritchard, of North Carolina, argued
the case for Breese and the government
was represented by Hon. William P,
Bynum, Jr., Special United States At
torney, of Greensboro, N. c.
No 297 Board of Commissioners of
oxford, N. c., and j. G. Biggs, Mayor
ct ais, plaintiff in error VS.. Union Bank
In error to the Circuit of North Caro-
lima, at Raleigh. In August. 1899, the
court reversed the Circuit Court and
gave judgment in favor of the commits
sioners, holding the bonds invalid. A
petition for rehearing was presented
in October, 1899, and the proceedings
stayed until the Supreme Court passed
on the case of Wilkes county VS.. w. n.
T~1n ialH ~ hot
similar question. B. G.. Register, A. A
Hicks, and S. w. Minor, of Oxford, N.
c., argued against the rehearing, and
James F. Shepherd argued for the re-
hearing and submitted. Rehearing de-
MED.
No. 29O. Board of Commissioners of
Stanley county, N. c., ct ais, appli-
cants, VS.. w w. Coler & Co., appellee.
Appeal from Circuit Court of North
Carolina, at Charlotte. This court re-
versed the decision of the lower court.
on August II, 1899, and appellee pre-
sented petition for a rehearing argu-
ment for this petition was made today.
Charles Price. of Salisbury, N. c., for
petition and by James E. Shepherd, of
Raleigh, N. c., and A. c. Avery, Of
Morganton, in opposition to same and
submitted.
No. 319.-Board of Commissioners cf
Wilkes county, N. c., ct ais, appellants,
VS.. W. N. Coler IL Co., appellee. APP
peal from Circuit Court at Greensboro.
This case was certified by this court
to Supreme Court of the United States,
on questions of law; Supreme Court
having answered said questions. The
case now comes up for final argument
Argued by A. c. Avery, of Morganton,
for appellants, and by Charles Price, of
Salisbury, n. c., for appellee. Pend
ing argument the court adjourned
until 10 o'clock this morning.
B. S. Register, A. A. Hicks, and S. w.
Minor, of Oxford. N. c., were admitted
to practice in this court.
The following attorneys are in the city
from North and South Carolina, in ct
tendance on the United States Circuit
Court of Appeals:
Senator j. G.. Pritchard n. c.; Judge
Charles A. Moore, Morganton, N. c.:
Charles Price, Salisbury, N. c.; James
E. Shepherd, Raleigh, N. c.; B. S. Roy
ster, Oxford, N. c.. A. A. Hicks, OK
ford, N c.; S w. Minor, Oxford, N. c.:
r. P. Cothran, Greenville, c.; ]. Z.
Mcdonald, Winnsboro, S. c,