The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-03-30
TWOCAP| TAL CASES
Appeals From Ninth in
Supreme Court.
Motion to Advance Wakefield Case
Opposed. Judge Clark Writes
on Observance of
Sunday.

Two capital cases and one larceny case
were argued yesterday in the. Supreme
Court. among the appeals from the Ninth
District.
In State VS.. Hunt, from Person, ne
gro named Adam Hunt had killed a white
man named Fleetwood Wilkins at saw
mill plant three miles from Roxboro. The
defendant appealed on the ground that
there was not sufficient evidence of pre-
meditation to go before the jury Attor-
ney General Gilner appeared for the State
and Messrs Bradsher and Carver for the
defendant.
State US. Johnson, from Durham, was
an appeal from judgment in case OF lar
ceny by trick or contrivanee. Johnson
and partner named Gorrell had gone up
to man named Herndon with $50 bill,
and asked him if he could change it.
Herndon hesitated and finally pulled out
four s. bills. Garrell snatched them
passed them to johnson, who ran off.
Gen. Gilmer appeared for the State and
Mess7s. Winston and Bryant for the de
fCndant.
The case of Arch Lipscomb, the negro
who killed Caswell Merritt. another nc
gro, in Granville county, close to Dur
ham line, was also argued Iipscomb said
that Merritt was Il conjursr,4 and had
made his wife sick. He went to see Mer-
rift about it, and they talked for awhile.
Finally, as I4ipscomb was going away
from Merritt's house, he turned and shot
Merritt dead with a shot gun he had
with him. Lipscomb was convicted Of
murder in the first degree in the Gran
Vile court and the Governor has been pc
titionsd to use executive clemency. Lips
comb was not represented by counsel yes
terday. Gen. Gilmer argued for the State.
Other appeals from the Ninth District
were IS fellows:
ellis VS.. Arringdale, two cases, by
Kitchin and Carlton for plaintiff: Roun-
tree and Carr and Manning and Foushee
Tor defendant
Wonble VS.. Grocery Co., by Scales, Tay-
lor and scales for plaintiff: W. P Bynum,
Jr., and King and Kimball for defendant
Mr.. III. r. Ferguson, of Waynesville
appeared in court and made a motion that
the case of Thomas Wakefield be adj
vanced upon the docket instead of taking
its regular course with other appeals from
the Sixteenth District Mr. Ben Posey,
of Murphy, was present and opposed the
motion. Wakefield on February Is last
killed a man named Joseph Hicks at
cock fight near Spartanburg, S. c. He
fled into North Carolina, and the Cover
nor of South Carolina offered a reward for
his capture. He was caught near Waynes-
Vile On March I'd. He filed a petition for
a writ of habeas corpus to keep from be-
ing returned to South Carolina. The
habeas corpus proceedings were before
Judge Ferguson in the Haywood Superior
Court on March 10TH He decided that
Wakefield was lawfully in the custody of
the sheriff of Haywood county and could
be returned TO the South Carolina author
tiles. From that Judgment Wakefield APP
pealed to the Supreme Court Mr.. II. r.
Ferguson yesterday represented South
Carolina and the county of Haywood.
while Mr.. PCsey appeared for Wakefield.
The opinion III the case of Rodnan VS..
Robinson, from Pender, is Of considerable
interest in that Chief Justice Clark, who
writes it discusses at some length tie mat
ter CT Sunday observance, from histori-
cal and other standpoints. The appeal
vas from judgment in land case. J. w
S. Robinson had contracted with ]. F.
Rodman to sell him a piece of land, and
the papers were drawn on Sunday Later
the defendant refused to deliver posses
s'on, claiming the contract was not valid
because it was made on Sunday
The position of the court as defined by
the Chief Justice is that in North Caro-
lima the statutory law prohibits any la
Dor, work or business on Sunday in ones
crdireTy calling. Hence If deed or 9th
er contract made on Sunday is not in per
suarce of ones ordinary calling then such
contract, etc, is valid.