The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-10-12
COURT G|VESADAMS
CHANCE FOR LIFE
New Trial Granted Negro
Under Death Sentence.
DEWEY'S BOND BAD
Court Holds that Defaulter's Bondsmen
Were Liable Only for Term of His
Election as Cashier. Other
Cases of Interest Finally
Decided.

by the Supreme Court yesterday wee
several of particular interest ana i'm
portance OF these perhaps that of
most local concern is the case of Win
Adams, the negro who was convicted
of having, on January 22nd last, kill
cd woman named Mary Bridgers
and her two small children. Adams
gets a new trial for error in an ex-
preston of the trial Judge in his
charge to the jury that 1.-The fact that
money was taken from the house and
all the circumstances tend to prove
the fact that not only was Mary
Bridgers killed, but that she was kill
ed by the prisoner and was killed in
pursuance OF a Dremedltated, DELHI
crate purpose"
While in capital cases it is not
necessary to show a motive. but only
intent, the prosecution seeks to show
a motive to strengthen its case with
the jury But facts introduced to in
dictate a motive must be shown to
have been within the knowledge of
the defendent at the time of the kill
ing. In Adams case. some money
which the husband Of the deceased
woman testified was in the house, was
gone when he returned. but there was
no evidence to show either that the
prisoner had been seen IN possession
of any part of this money, or that he
knew that il was in the house. The
expressions of the trial judge were,
therefore, erroneous.
No exception to this portion of the
charge was taken in the lower court,
but was made for the first time in
the hearing of appeal. The court,
however, declares that in capital cases
it will be slow to deprive the prisoner
of the advantage of an exception on
technical grounds.
Defaulter Martins Bond.
The case of w. II. Jackson, Trustee
VS. Martin in which was involved the
right of ex-Treasurer Worth to re-
cover of the bondsmen of the default
ing Institutions Clerk. w. III. Martin,
sums which he had paid out by rea-
son CT his appointee'S pecuIat1onS, was
decided against the trustee ana IN
favor of the bondsmen, Dughl ana
Jones.
ne noint in the case was that the
bond given by the clerk, while in a
way provided for in the act permitting
the treasurer to employ assistants,
was not a statutory, but common
law bond; so that the three year
statute of limitations applied TO save
the bondsmen from loss. The State
was not a party 10 the transaction as
Martin was not an officer. but mere
clerk of the treasurer. and the latter
was RESPONSIBLE on his official bond to
the state for his aDpointee's failure TO
account.
De,yey's Bondsmen Get OF.
The case of Blades VS.. Dewey, the
defaulting cashier of the New Bern
hank. was one involving the liability
of his bondsmen, who were sued by
the banks receiver. The court below
held that they were liable, put lhe
Supreme Court reverSes that decision.
The point at issue was whether a
bond which was so worded as 10 pinu
The signers for 80 long a time as ne
remained in office" was good for
longer period than the time for Whlch
the officer was elected.
If was the practice of the directors
of the bank to elect officers annually
for term Of one year. Ondef inns
Milan Dewey was several times re-
elected during the time he was cashier
of tho bank. but no new bond was re-
CURED Under the wording OF the
bond. the Supreme Court holds that
The expression las long as he remains
i'm office" merely applied to the term
for which he was elected, and that
after the expiration of one term the
bond became imperative. The erect
of the decision is. of course, to relleFe
the bondsmen of all liability for the
amount embezZled.
Immigrant Agent Tax.
The question of the statute taxing
immigration agents 500 for every
county in which they operate, the
constitutionality of which was attack
ed in the appeal in the case of State
VS. Robson as being a prohibitive tax,
was decided against the appellant,
the court holding that the statement
of case on appeal showed no uncon-
stitutional act. and the statute was
not unconstitutional or prohibitive on
is face.
Hosiery Case Ended.
The suit of the Raleigh Hosiery
Mills VS.. the Raleigh and CASTOR Rail
road Company, on appeal for the sec
ond time from 4 verdict in favor of
the railroad, ended by a per curtain
decision affirming the verdict of the
court below.
Other Work Of the Court.
Seventh district appeals were dis
posed of as follows:
State VS.. Davis: put to end OF
docket.
Fisher VS.. Insurance Co.; argued by
f.. X. Bryan and Cranmer q DAVIS
for plaintiff, Russell & Gore for de-
PENDANT.
Moore VS. Guano Co.: by T. E.
Brown and ]. d. Bellamy for plain
tiff. ROuntree q Carr for defendant
Johnson VS. Cameron; by 7. III. SUIT
ton for plaintiff, 1. A. Murchison ana
vi. l.. JOIiH lOE del6iludul.
Mcclellan VS.. Tele. Co.: by Robin
son a. Shaw and /. A. Murchison fol
plaintiff. n. A. Sinclair and r. H. DYE
tor defendant.
Gainey VS.. Telegraph Co.; by @. K
.Nimock and n. A. Sinclair for plain
tiff. r. c. Strong. for defendant
Appeals from the Eighth district
will be called next Tuesday. October
IS as follows:
State VS.. Smith.
State VS.. Morgan.
EeaE VS.. Railroad
Mclean VS.. Billiard.
Holland VS.. Railroad
London VS.. Bynum.
Williams VS.. Dillon. (Belk heirs).
Williams VS.. Dillon. (Rogers hairs)
Lemmond VS.. Mccain.
In re Fowler
Fz7ell VS.. Robin
ledy VS.. Re-