The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-04-06

gleton and Wilson returned, Hunt had
Williams down, jumping on him with
both knees. They finally left the store
and started toward house near by, Hunt
following Williams. minute later Will
liams was knocked down by Hunt and
died from the blow received. There was
evidence tending to show that the pris-
oner had ill-feeling toward Williams OH
account OF some previous difficulty, and
after Re struck the fatal blow, said he
intended to kill HIM.
The question involved in the appeal
was whether or not there was sufficient
evidence OF generalization and delibera-
ton, 50 as to constitute murder in the
first degree. He was convicted and sen
fenced TO be hanged, and now the judg-
ment OF the court below is affirmed.
The court also sustains the lower court
in the case of State VS.. Lipsco1nb, from
Granville. Arch Lipscomb, a negro, was
found guilty OF murder in the first de-
gree for killing another negro named Cas-
well Merritt, who Lipscomb said was a
"conjure DOCTOR and had ''conjured'
his wife into a spell of sickness. The
killing was done near the Durham line:
Lipscomb went to see Merritt about it.,
and as he was leaving the house turned
and shot Merritt dead.
Other opinions handed down yesterday
were the following:
Burwell VS.. BrCdie, from Vance, two
appeals, new trial in each
Tapp & Granger vs.. Dibrell, from Lee
noir, affirmed.
Gwaltney VS.. Insurance Vo., from Ca
tawba. petition to rehear dismissed.
Coal Co. vs.. Ice Co., from Buncomhe
new trial as TO 4th issue only.
Worries VS.. Porter, from Buncombe,
new trial.
Ewers VS.. Railroad, from Lincoln, the
court being evenly divided CWalker j.,
having been of counsel and not sitting
the judgment below is affirmed.
Raglan VS.. Richardson, from Guilford,
per crriam, affirmed.
Picard VS.. Dicks, from Randolph, de-
PENDANTS appeal docketed and dismissed
under Rule II.
Wilson vs.. Heath, from Union, per GU
riam. ;:ffirrGed
Tyson VS. Southern Railway Co., from
1uilford. affirmed.
Holloway VS.. Proctor, from Durham,
per culiam. affirmed
per curiam, affirmed.
Appeals from the 10th District were
argued yesterday as follows:
Clcgg VS.. Southern Railway, Armfield
& Turner for plaintiff L. C. Caldwell for
defendant.
Guano Co. vs. Marks, papers handed
up under Rule II; r. l.. Smith and r.
E. Austin for plaintiff, z. B. Sanders for
defendant.
Brown VS.. Hamilton, argued by Ham
mer & Spence for plaintiff, O. L. Sapp
for defendant.
Bean VS.. Bean, by Price, Murphy
Kluttz for plaintiff, J. S. Henderson for
defendant.
Alfred VS.. Smith, by Sapp for plaintiff,
Hammer & Spence and Robbins & Rob
bins for defendant
Spence VS.. Railroad, by Price and
Spence for plaintiff, Bason and r. l..
Smith for defendant.
Gordon VS.. Hughes, by Raper for plain
tiff, Walser &, Walser for defendant.
Martin VS.. Clark, by Cochran for plain
tiff, Poole for defendant.
Chaffin VS.. Mfg. Co., by Patterson,
Gather and Justice for plaintiff, Watson
Buxton e. Watson for defendant.
Sigman& VS. Railroad, submitted under
Rule 10 by Furches, Coble & Nicholson
and r. =. Mclaughlin for plaintiff, Cald-
well for defendant
Eleventh District appeals will be called
next Tuesday, April 18th, as follows:
State VS.. Goulden.
State VS.. Hudson
State VS.. Beeson.
Self VS. Shugart.
Wall vs. Smith
Johnson VS.. United Order of Reformers.
Loan Asso. VS. Lash.
Williamson VS.. Manufacturing Co.
Foy VS.. City of Winston.