The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-11-05

'Tredell Meares,
Wilmington. n. c.
Will make motion before Judge
Purnell in case against Edwards Tues
day morning at opening court alIect-
ing your client. Please be present.
POU & FULLER"
To which compliments solicitor re-
Piled from Lumberton as follows:
"Lumberton, Oct. 81, 1904. at 7.3O
d. IN.
"Pou & Fuller,
Raleigh, n. c.
Telegram received here. Impossible
to be in Wilmington tomorrow.
Pritchard hears case at Wilmington.
Not Purnell.
IREDELL MEARES."
The court wired to Cameron F. Nc
Rae within one hour after motion was
made on November first. as follows:
Wilmington. n. c., Nov. l. 11.07 a. m.
Cameron f. McRae,
Lumberton, n. c.
Hearing suspended until counsel can
be heard as to qualification of Special
Master. Order made consolidating
cause of the original case at Raleigh.
THOMAS r. PURNELL.
Judge"
EXCEPTION 5.
The order being granted without
notice, constructive or otherwise, as
was apparent to the court from the
record, it was therefore improvident
and should be vacated.
EXCEPTION 6.
The cause was not before the Dis
trict Judge to make orders before the
date set by the Circuit Judge at Viii
mington, November Bird; that the Dis
trict Judge had declined to hear the
case, previous to the motion upon
which the said order was granted. as
appears by the letter and kilograms
the District Judge filled with the rec
ord, to-wit:
Hon. Thos. r. Purnell,
Raleigh, n. ~
Dear Sir:-In the case of Robt. l..
Forrest ct al, against the Southern
Saw Mill Lumber Co., w. j. Edwards.
Receiver, ct al an order has been
granted by Judge Pritchard. upon my
application, requiring the defendant to
show cause at Wilmington. Nov. 3rd.
why Edwards should not be removed
and another receiver appointed.
/ was at Asheville when Judge
Pritchard wired you asking if the date
would be convenient for you to hear
the case with him. or, if you preferred
it, he would make it returnable before
you alone. Your answer, which was
silent as to anv intimation or prefer
ence on your part. led him to believe
that you did not care that he should
hear the case with you. j have the
assurance from him that, if you will
intimate it to him. that it will be
agreeable to you, he will come to Will
mington to hear the case on November
3rd.
l hope, and the purpose of this let
ter, is to ask you to prefer that re-
quest to Judge Pritchard that he may
be present / am frank to say to you
that l express the opinion of myself
and my client. after the interview
had with you, that your attitude of
mind, however unconsciously. and
your relationship to Mr.. Edwards.
which you admit to me are those or
relative and friend, is not one that is
going to enable you to hear TINS case
altogether free of prejudice ana par
TALLY The case involves a criticism
of receivers certificates issued. which
Won authorized, thus reviewing your
own act. as we'll as the misconduct OF
Edwards. the Receiver, and belleVe
that it would be more pleasant to you
anil more agreeable to the parties In
interest that a Judge may pass upon
the questions, freed from any bias py
reason of heretofore being connected
with the management of the proper
ties. - 1oos
ure. / may do you an injustice.
do not think you yourself appreciate
your attitude TO the cause. however
7 feel exactly what / state, and, also'
that q frank avoWal of my cohNiclloh
would lead you, in order that WHAT
ever action maybe done by the court
may be accepted as the correct acuoh'
not to insist upon hearing the case
I therefore, ask that this case be re-
ferred by you to Judge Pritchard, ana
that YOU wire him that it is agreeable
10 Won that he shall make the orders
in the case.
I write this letter feeling that you
will appreciate the spirit in Wnlcn IL
is written and avoid my formaliy
fling petition in the cause asking us
reference under the circumstances I'd
another judge. with respect, peg
10 renain Yours truly,
IREDELL MEARES.
CTeIegram.)
Wilmington. n. c., oct. 81, 1904.
Hon. j. G. Pritchard.
United States Judge,
Asheville. n. G.
Meares insists, therefore, you are
requested to hear Forrest against
Edwards, November Bird, here.
THOMAS r. PURNELL.
Il
Asheville, Oct. 81.
Hon. Thomas III. Purnell,
L.. S. Dis. Judge, Wilmington, n. Z.
| cannot go to Wilmington Thurs
day, but will hear the case to which
YOU refer at this place on next Sat
urday, November 5, 10 a. m. If you
desire me to hear it, please continue
and make motion returnable before
me on that date, if this satisfactory.
Answer.
j. G.. PRITCHARD, Circuit Judge.
EXCEPTION Z.
The district judge does not file his
answer to the above telegram of the
Circuit Court, but on the following
morning, improvidently granted the
LII, Of and d:l