The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-04-15
THE SUPERIOR COURT
THIRD DAYS PROCEEDINGS or
THE APRIL TERM
Hung Jury I'm the Case of Thomas G..
Williams Against the Interstate
Telephone and telegraph Conn
pany- L. J.. SfernberEer's Suft
Against 4. Shrier For Three Quart
ers OF an Inch of Lnnd-Damage
Suit Against the City.

Pursuant to recess on Wednesday
day at $50 a. m
The argument having been finished
Wednesday evening in the $4,000 dam
age suit OF Thomas G.. Williams against
the Interstate Telephone and Tele-
graph Company. JudgE Undertake de-
retired about 10 a. m. They staid out
all day and up to last accounts last
night they were still hung" and slept
in the court room.
The case OF John Z. Taylor against
w. H. Howe was tried and a verdict
was rendered in favor OF the plaintiff
for s25 with interest and lie costs of
the action.
In the matter of r. w. Hicks against
John D. Kerr. Henry E. Faison of
counsel for plaintiff nad a motion to
have a receiver appointed. Mr. Faison
and Judge E. K. Bryan argued the mo-
ton for the plaintiff and il was op-
posed by ]. L. Stewart. Esq OF Clinton.
attorney for the defendant. The mo-
ton was dismissed. Besides Messrs.
Faison and Bryan the plaintiff is also
represented by the law firm Of Stevens.
Beasley & Weeks. The suit involves
the ownership of two tracts OF land, one
of 1000 acres and one OF $40 acres, In
Sampson county. In the superior court
Of Sampson county some time ago a
verdict was rendered III favor of the de-
PENDANT and it was taken Cd to the SUI
ment of the lower court was reversed
and pending another trial the plaintiff
sought to have the property placed in
the hands of a receiver.
The next case taken up was that of
7. ]. Sternberger against I. Shrier.
This is a suit Of eiectment in which
the plaintiff sues to get possession of
three quarters of an inch Of land. more
or less. and claims Gamage to the
amount Of 81. 600. The plaintiff and de-
PENDANT own adjoining brick buildings
IN the western side Of From street be-
tween Chestnut n Grace streets. and
the plaintiff introduced evidence to
prove that the north wall of hIr. Shrier'S
building extends onto his lot three
quarters of an inch in some places
and three inches in others. h suit
is to regain possession of the property
so occupied bv the defendant n TO re-
cover the damages named above. The
defendant introduced testimony to show
that his building does NOT cover any
portion of the plaintiffs lot and desired
to set I'D A counter claim that the
plaintiffs building is in reality on a
part Of his lot. a space seventeen inches
wide and eighteen feet long. The court.
however. ruled out anv testimony to
that effect. The testimony was con-
| cluded Yesterday afternoon and the
case will go to the jury On the issues:
as the plaintiff the owner in fee simple
of the property described in the COM
p~laint?' and 'if so what damage is he
! entitled tor The plaintiff is repre-
scented by Messrs. Bailamy & Bellamy
and A. J.. Marshall, Esq, and the de-
PENDANTS counsel are Junius Davis.
| ESD. Messrs. Bellamy & Peschau. and
Herbert McClaminy, Lsq. The testi-
| mony was concluded Yesterday after
noon and argument was made for the
defendant by Mr.. McClanImy and for
the plaintiff by Mr.. Marshall. The Jury
in the case is composed as follows: D.
l.. Gore, H. o. Craig. j. B Casteen. j.
T. Canady, a. ]. Howell. -. Levi Nc
MILAN. ]. F. Fales. K. w. Hicks. E. A.
Chadwick. w. w. Holiday. G H.
Ward and ]. H. Ruark.
The court at els o'clock o q re-
cess till $40 o'clock this morning.
Today the case of DR.. T. r. Mask
against the city for $1,000 damages fol-
the injury of his wife, caused by falling
into an excavation at Seventh and Wal
nut streets will ce tried.