The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-03-24

1t is intimated that the work of re-
modelling the Academy of Music will
begin in April. This theatre, in COM
pany with a great many others, will
give one per cent Of it's receipts on
Easter Monday to the Jefferson Me-
moral fund, which is to be applied to
the construction of a to
Thomas Jefferson.
Two cases Of peculiar interest are
set for hearing by the supreme court
next week. and information regarding
them was given out today. One is the
state against Barrett, from Moore
county. Barrett was convicted of MR.
der in the first degree. The supreme
court today received the papers on the
case. These show that during the trial
one Of the jurors asked if the Jury
could be permitted to visit the scene
OF the crime. The jury was allowed
to go there. The point is raised by
the prisoners counsel tina on the oc-
caslon of his visit Of the jury, GER
tain statements were made by a per-
son interested in the matter which
might be constructed as furnishing ad-
dltIonal testimony. The other point is
raised that the judge allowed the
jury to attend services at the Presby-
terrain church. and the prisoners coun-
sci objects TO remarks made by the
pastor. The prosecution, for showing
that there was nothing in the sermon
which could be constructed as militat-
ing against Barrett, introduces the
sermon as part of the record, it being
a long and truly Presbyterian ermon
with its heads, firstly, secondly, third
ly, etc, etc. 1t is the first sermon ever
introduced as part of the record of a
case before the North Carolina su-
preme court. and makes a considerable
portion of the yOluminous matter in
the case
The other case is equally remark
able. 1t is that of A. F. Seawell against
the S. a. L. railway, and is also from
Moore county. During the hot political
campaign in the summer of 1900, in
which the pOpulistS and republicans
made their last stand against the dem
oCrats. eawell vas one of the popu-
list speakers. One day in June he
spoke in Shelby, and as he was taking
the train TO depart from the place.. a
number of eggs were thrown at MIN.
not a few of which struck him. He
was in good luck in one respect. the
eggs being good ones. One struck him
in the ear. He sued the railway for
so, 600 damages and was awarded "a
500. from which judgment the railway
appealed. Seawell charged that the
railway agent and other employees
were engaged in the egg throwing, that
q number of boys anne from the town
n began the assault, saying thu
ii was On account of the bitter speech
Seawell had made, and that after the
boys had thus begun, the agent and
other railway employees. took part
with them in the affair: that the en-
plOyees knew of the intended assault
AM yet offered no protection whatever
to Seawell: that according to the de-
cisiOns of the North Carolina courts, a
railway owes a duty of protection to
its passengers, not only against its
employees, but against outside persons
wherever it is possible to extend it.
Their were two questions involved in
the issues laid before the jury: did the
employees Of the railway engage in the
assault, and secondly did they fail to
protect Seawell, the jury finding yes
in both cases.