The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-04-30
THE SUPERIOR COURT.
ANOTHER HEAVY DAMAGE SUIT WAS
ON TRIAL YESTERDAY.
Charles Carter, Colored, sues the
Cape Fear Lumber Company for So
O Damages on of IDjnries.
Three Divorces Granted Yesterday.

Pursuant to recess taken on We'd
nesday, the superior court of New Han
over county met yesterday morning at
10 o'clock. Judge Hoke on the bench.
The case of the National Cash Reg
lister Company against Mrs. Lucy J.
Farriss was taken up, and was adj
justed. 1t was left open for judg-
ment.
In the case of ". F. Parker against
Walter G MacRae, former sheriff. the
plaintiff suffered a non-suit, and the
matter was left open as to the costs.
The case of Sarah ]. Hall against
Burke & Co., was adjusted and the
matter left open for judgment.
The case of Junius Davis, Esq, re-
ceiver of the Bank of New Hanover,
against the Buffers Lumber Company
was continued for the defendant, and
set for trial at the e. term immedi-
ately after the case of H. E. Bonitz
against F. T. Mills which will be the
first on the docket.
The damage suit of Emeline Mask
against the city, on account of INJURIES
received by falling into an va
in the streets, was continued to the
next term.
In the cas- of Carl Jones against
his wife, Maggie Jones, alias Maggie
Bland, a judgment for absolute
divorce was entered. A Judgment for
absolute divorce was also entered in
V of Isham Thompson against his
wife, Margaret Thompson.
= In the case of Effie H. Ellis against
Ira w. Ellis, a judgment for absolute
divorce, was granted and the court ord
cred that their child, Dewey Lee Ellis,
be committed to the custody and con-
troll of his m Their and the father was
prohibited from interfering in any
nature whatsoever with the custody of
the child.
In the case of the Waterbury Rub
/. Der Company against the Greensboro
Coal and Mining Company, the receiv-
er, W. E. Worth, vas ordered to pay
such creditors that have filed and
proven their claims a sum equal to 80
per cent of their claims or such part
thereof as the funds in hand may war
rant, and that the receiver shall report
his acts and doings at the next term.
TEN THOUSAND DOLLAR SUIT.
Most of the day was taken UP in the
trial of the case eff Charles Carter
J against the Cape Fear Lumber Com
pany. Messrs. Bellamy and Peschau
appear for the plaintiff and Iredell
Meares. Esq, for the defendant. Car
~ Nv III gAOFOOO LII lllJuI
les received in November 1899, caused
by the topping over of a pile of lum-
Der. The claim is based on the neg
Hgence Of h defendant in not having
the proper safe guards in handling lum-
Der at their plant. The defendant de-
MES this and sets up that they were
not responsible for the accident.
The following jury was empannelled
to try the case: j. G. Newton, z. j.
Jewell, Ed. S. Buck, A. P. Merritt, E.
A. Turley, William Tiencken, c. ].
Reaves. j. S. Canady, R. G.. Holmes,
George Drew. j. P. Brewer and w. A.
Mcleod.
The following issues were submitted
to the jury:
1. Was plaintiff injured by the negli-
gence of the defendant?
3 Did plaintiff by his own negligence
contribute to the injury?
3. What damage is plaintiff entitled
to recover for the wrong and injury?
The witness of the plaintiff were ex-
amined, and in the midst of the exam
ination of the witness for the defense,
the court at 6 p. m. tool a recess till
10 o'clock this morning.