The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-08-12
A LIZ"
ALMOST A ROW
Lawyer Ryan Started for His
Man In Court.
"OO YOU SAY THAT IlIE?'
Judge Orders Arrest of Haywood, But
No Sheriff Was There.
"DO YOU SAY THAT LIEW
AN APOLOGY AND AMICABLE SETTLEMENT
Pace Awarded 500. Judge Winston Refuses
10 Sign Decree in House DiyJrce Case,
and an Appeal Was
Taken.

and an Appeal Was
Taken.
Last night in the court room there was
a sort of impromptu love-feast, with
Judge Winston for the victim
Nearly all the members of the Raleigh
Bar were present, Mr.. B. G. Beckwith
started the ball rolling by saying that
Mr.. w. B. Jones, the youngest member
of the bar had been chosen as spokesman
of the occasion.
Mr. Jones then in a very graceful man
ner addressed Judge Winston in part as
follows:
''The members of the Raleigh Bar have
asked me to tender to you their thanks
for the uniform courtesy and kindness
with which you have treated all of us
and to express their regret that you can
not be with us at the next term of our
court
Mr. James H. Pou followed Mr.. Jones
in a few well-chosen words of apprecia-
ton.
Mr. D. C. Douglass then added some
humorous remarks and happy anecdotes.
Mr.. r. N. Simms told what the people
in general had to say of the judge, and
what they said was mighty nice.
Mr. w. j. Peele also said some very
gracious things.
Scene: Wake County Superior Court.
Time: 6:3 p. m, Saturday, August 9th,
1872.
A. D.: Last day of special term.
Dramatis Personae.
Judge Frank Winston, presiding over
court.
John Pugh Haywood, chief witness in
suit of Pace VS.. Haywood for Islander.
S. G. Ryan, lawyer for defendant,
Joseph c. Haywood.
'Mr Sheriff." who was not present.
First and Last Act.
lawyer S. G. Ryan, white of hair,
ponderous of frame, imposing of mien,
is discovered opening his argument to
the jury. He speaks with characteristic
frankness of the quarrelling and bad
blood between the brothers Haywood
John Pugh Haywood: That's a lie
with appropriate adjectives.l
Lawyer Ryan: [Starting toward Hay
look. I. do you say that / lie?''
[Other lawyers and spectators grab
Ryan and prevent blow.l
Judge Winston: ''Mr. Sheriff, put Mr..
Haywood under arrest" but no "Mr.
Sheriff" forthcame. Only the echo
came back-"rest." And there was
nothing doing" "Mr. Sheriff" had
stepped out for a few minutes. Mr..
Ryan in the meantime assumes his
wanted calm and dignified demeanor and
the trial wags on.1
Thus was the lie passed in the Super
ior Court room, and thus was trouble
averted yesterday evening.
At supper time Haywood went over to
the hotel and apologiZed to Judge Win
ston for his unseemly remark. The judge
accepted his apology and agreed to let
the matter rest there. He so announced
to the Bar at the session last night, and
expressed the hope that his acquaintance
with Haywood had not made him too lem
lent.
The case of c.. d. Pace against Joseph
A. Haywood aroused some interest.
Pace accused Haywood of SANDER and
sued for $4,000 damages. The evidence
business relations, and that Joseph Hay
wood had said that Pace was robbing his
brother, and had said it very emphati-
cally, applying adjectives and epithets
that were far more forcible and express
sive than elegant.
The plaintiff was represented by
Messrs. Douglass and Simms and Jas.
H. Pou. For the defendant Col II. M.
Argo and Mr.. s. G. Ryan appeared.
The jury awarded the plaintiff 500.
Notice Of appeal was given.
Last night Judge Winston announced
his decision in the House divorce case.
1t was that he refused to sign the decree
for divorce in accordance with the YER
dict of the jury. This sets aside the
verdict, which granted the husband
divorce. The judges reason for refus-
ing to sign the decree was that the man
had been living an impure life, as he
himself admitted on the witness stand,
and was not entitled to divorce. This
amounts to a victory for the wife, who
was represented by Messrs. w. B. Jones
and Jno. w. Hinsdale, Jr. An appeal
was taken by the plaintiff, and the case
will have to go to the Supreme court.
n JuuSuSuI was 0uL6leu idoI MS III an
nuling the marriage of Allie Cassie Zan-
zenburg and Joseph T. Zanzebburg, alias
Joseph Fleming. The woman, who lived
in the Cow-skin section of White Oak
township, answered Zazenburg's adver-
tisement for wife. He was vendor
of spectacles, and the couple lived to-
gether from May to December, 1900. Then
the spectacle vendor went back to another
wife in Wisconsin.
In the case of the Capital City Art
Company and others against the National
Five and Ten Cent Store, it was ordered
that the sale of the property be postponed
until Wednesday, August goth.
The suit of ]. F. Faulkner against j.
N. King and Adolphus Mills was heard
yesterday morning. This case was car
ried through the court once before and
the Supreme Court granted new trial.
The difficulty arose out of a horse trade.
Mr.. b. c. Beckwith appeared for the
plaintiff and Mr.. S. G. Ryan for the de-
PENDANT. The jury rendered a verdict i'll
favor of the defendants and they retain
the horse.