The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-11-05
Sensational Papers Filed
in Forrest Suit.
TO vACATE ORDER
PurneII Appears to Attempt to Control
Litigation Criticizing His Acts by
Overriding Order Of Judge Prit-
chard---Trenchant Except
ions and Letters.
ions and Letters.
Especial to News and Observer

Especial to News and Observer
Wilmington n. c., Nov. 3.-The case
of Robert l.. Forrest ct ais, V. The
Southern Saw Mill and Lumber Co.,
the bill in which. attacking receiver
Edwards on charges of fraud and in
competency has been fully outlined in
the News and Observer. took a sensa-
tional turn to-day in the filing of ex-
ceptions and correspondence in the
case by Iredell Meares, ESQ.,. of this
city, and notice of plaintiffs purpose
TO move before Judge Pritchard to
Nacate an order of Judge Purnell,
which attempted to vacate former
order made by Judge Pritchard.
The exceptions and attached CORE
Spondence also question the qualifica-
ton of Judge Purnell to sit on the
hearing of the case for bias as an In
terested party and as relative of Mr..
w. j. Edwards whose management of
the property as receiver is strongly i'm
peached in the bill.
Rescinded Order of Higher Court.
1t also appears that Judge Purnell
attempted to vacate an order of Judge
Pritchard dated October 26, to show
cause at Wilmington why the receiver
should not be removed and appointing
&. +. MacRae a special examiner to
take Testimony. This order Judge
Purnell attempted to vacate by an or
der made at Wilmington in the alb
sence of plaintiffs counsel on Novem-
Der LIST.
From correspondence it also seems
that Judge Purnell was very reluctant
to ask Judge Pritchard to sit with him
in the hearing of the case. even after
Judge Pritchard had made the order
referred to.
Mr.. Meares also includes in his ex-
ceptions letter addressed by himself
to Judge Purnell in which he sets out
in full the reasons why he does not
consider that Judge Purnell should sit
on the hearing of the case.
Papers Full of Meat.
The papers filed to-day tell their
own story with the greatest force and
are given herewith:
Notice.
Take Notice:-The complainant in
the above entitled cause will move be-
fore his Honor Jeter G. Pritchard
United States Circuit Judge at Raleigh,
on the 18th day of November. 1904,
at 10 O'Clock a. M, in the United
States court room.
/. To vacate the order in the above
cause of Thos r. PurnelI. United
States District Judge, dated Nov. L,
1904, suspendinP the hearing before
G. +. MacRae, Special Examiner, ana
consolidating this suit with the suit of
the Carolina Northern Railroad Com
pany V. the Southern Saw Mill and
Lumber Co, for the reasons set out in
the attached copy of the complain
ants exceptions thereto.
2 For the appointment of a tenn
porary receiver to take charge of the
property of the defendant corporation
.I1D Jofn
wards. Receiver to deliver UP to such
appointee all books, properties and as
sets i'm his possession.
3. For the appointment of Special
Examiner to take testimony for the
plaintiff in support of the said motion.
if for any reason in the discretion of
the court the motions be at that time
continued.
4. That the complainant be allowed
to amend his bill of complaint in the
particulars set forth in the attached
petition for leave to amend.
IREDELL MEARES,
r. e. LEE,
Solicitors for complainant
TO Messrs. Pou & Fuller.
Solicitors for the defendant
w. j. Edwards. Receiver.
Exceptions.
And now comes the complainant and
files. this the third day of November.
1904. his exceptions to the order of
his Honor Thomas II. Purnell, District
Judge. entered the first day of No
vember. 1904, revoking the order here
tofore made by his Honor Jeter G.
Pritchard, Circuit Judge. dated ut
Asheville. October IS. 1904.
EXCEPTION 1.
The order was granted on the mo-
ton of the defendant w. j. Edwards,
Receiver who is but a nominal party
to the suit and an officer of the court,
and he is not such a real party to the
bill as to be entitled to move for or
ders from the court.
EXCEPTION 2.
The order of Circuit Judge Pritch
ard, returnable November 3rd. 1901,
being an order to show cause and ap-
pointing Special Examiner. fixed the
date for the hearing of this matter.
and such order could not be vacated
by the District Judge. under the rules
of comfy established by long practice
and the Revised Statutes of the United
States.
EXCEPTION 3.
The order complained of was one
that could not be granted as a matter
of course. without notice. and COM
plainant was entitled to reasonable no
tice, under the Equity Rule. and that
the order was issued without leGa:
notice served upon the complainant OF
his solicitors, of the time and place
of moving for such order.
EXCEPTION 4.
The order should not have been
granted because it was apparent to the
court that the complainant had not
been served with notice of the nature
or purpose or time of asking for the
order granted: that the order or
Pritchard. Judge, set November 1.
1904. at Lumberton to take deposit
tons, as appears by the record that
a certain law firm at RALEIGH. Pou d
Fuller. before entering an appearance.
as required under the Equity Rule. dIu
attempt to give their personal notice
by telegram to compliments solicit