The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-10-05
SCARE IN RULE IL
Chief Justice Put Lawyers
on Tenter-Hooks---Su-
preme Court News.

The Supreme court heard argument
yesterday in several cases of particular
interest to Wake county people:
The appeal of Will Adams, the ne
gro under sentence of death in the
county Jail for the brutal murGer of 4
woman and her child near Raleigh.
was argued by Messrs. w. b. Snow and
Elmer Shaffer, the attorneys who were
assigned to his defense at the time of
the trial. The evidence, while conVinc-
ing. was largely circumstantial, and
Adams lawyers have made strong
fight for his life.
The case of Geo Huff the young
white man who was convicted of a
simple assault on a Mrs. Jones, of Flu
quay Springs. and sentenced to the
roads for thirty days. also came up on
appeal, argument being made by his
attorney, B. c. Beckwith, Esq.
Fhe Huff case, it will be remember
ed, was one of sensational features,
the indictment aagjnst him being for
assault with intent to commit rape.
The woman in the case did not appear
to good advantage at the trial of the
case and there was a strong impression
of Huffs innocence. The jury, how
ever, one man being for conviction on
he more serious charge, compromised
on a verdict of simple assault.
Huff who lay in jail pending the
raising of a 800 bond, for a period
almost equal to that for which he is
sentenced. bases his appeal on consti-
tutional grounds, the position of his at
tOrney being that a sentence to the
roads-the equivalent Of the peniter-
tiary-is not legal when the crime
does not exceed the grade of misde-
meanor.
The question presented is a new one
in this State and it's decision will be
watched with interest by the profess
sion.
A case of much Importance and one
that has given rise to prolonged liti-
cation is that of Raleigh Hosiery Mills
vs. the Raleigh & CASTOR Railway
for damages alleged to have been sus-
tanned by the plaintiff by the burning
Of its factory by reason of a spark
from defendants locomotive. The
case has been twice tried the railroad
winning in each instance and the
plaintiff having been granted 4 new
trial by the Supreme court on it's first
appeal. Messrs. Battle & Mordecai
argued the case for the plaintiff appel
liant, and Messrs. Bell, Day, Shaw and
f. Fl. Busbee & Son, for the defendant
railway company.
Another case of peculiar interest in
that it grew out of the defalcation of
Clerk Martin of the Treasurer's De-
partment-H. w. Jackson, Trustee VS..
w. H Martin, ct al-was also argued,
Pou q Fuller representing the plain
tiff and Argo & Shaffer the defend
ants.
Among the cases of interest in which
decisions We're handed down was that
of State VS.. Robson, an immigration
Agent, who was thrice convicted and
fined under the statute making it un-
lawful for an agent to seek to carry
labor out of the State except upon the
payment of a license tax of $500 in
each county.
Counsel for the defendant, who is a
native of Georgia, made the plea of
rrior conviction end also attacked the
law as being prohibition and unconsti-
tutional. The case went off in favor
of the defendant on the ground Of
prior conviction.
furry was created among coun-
sci who weer a trif1e dilatory in ap-
pearing when their cases were called
by the Chief Justice passing the
cases under Rule 12.''
would be called by the clerk
Counsel would be in the library TAX
ing last peep at the authorities
The Chief Justice waited only mo-
lnent: Rule IL" he would say terse-
ly: call the next case, Mr.. Clerk >
For awhile the lawyers who were
called and failed" were much per-
turbed, but as they were finally per-
mitted to take up and argue their
cases, it appeared that "Rule IL" had
been used merely to throw a scare"
into the attorneys in the interest of flu
ture prOmptneSs.