The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-10-25

The case against Paul Young, which
has been attracting considerable at
tention for some days. was finally dis
posed of yesterday. when Judge Moore
sentenced Young to thirty days on the
county roads in the case in which he
was found guilty of assaulting Grace
George. and was fined $50 and the
costs in the contempt case. He took
an appeal to the Supreme Court in
both cases and his appearance bond at
the April term of court was fixed at
$3.50, and a bond of $50 to cover costs
was required in each of the cases APP
pealed.
Neither of these sentences came as
a surprise, for 1T was generally believ-
ed that Young would get a sentence
on the roads in the assault and bat
terry case, and many thought Judge
Moore would give him a term in Jail
in the contempt proceeding.
The grounds under which Young
appealed the assault and battery case
are rather novel. His attorneys claim
that for the offense committed the
Judge lad no authority 20 sentence
him to the county roads, out could
only sentence him to imprisonment.
The way tie entry reads is that he is
sentenced to thirty days imprison-
ment in he county Jail and assigned
to the County Commissioners to be
worked on the public roads of New
hanover county during the term of
his Imprisonment. 1t WaS understood
yesterday afternoon hat Young's at
torneys would endeaYor TO get the
commissioners not to send Young to
the roads. but to hire him to some
person in town. OF course this would
really mean hat by paying a small
fine he would practically scape pun
ishment. 1t is said that if the COM
missioners should agree to this the
cases appealed Mould be dropped. 1t
is not at all probable, though, that
the commissioners will agree to any
arrangement that will keep Young off
of the roads.
This is not the first time Young has
been in trouble. and he walks the
streets with absolute ~unconcern, SEEM
ingly fully satisfied that with a few
dollars he can ultimately escape the
punishment hat one without money
would nave to submit to. His record
since coming to Wilmington is not at
all an enyiable one. Thus far he has
managed to always get out by the
payment of a small fine. out it now
seems that he got in trouble once too
often. At the November term of
court, 1900, there were min cases
oreirc+ va,,.,~ in which ho uac 0harO-
ed with selling liquor on Sunday, SELL
ing liquor without license and keep
ing a gambling house. Judgment was
suspended in all the cases and the
defendant recognized in the sum Of
500 for his at the next
term of criminal court to show to the
satisfaction of the court that ne had
not been guilty of any n of the
charges since the trial of the cases.
At the June term, 1901, he was in
dicted in two cases for selling liquor
on sunday. He submitted in both
cases and was fined S25 and the costs.
In. addition to his Superior Court rec
ord, he has been before the mayor
on three different occasions. The
first time he was fined SO and the
cost; second time $40 and the cost,
and the third time was sentenced to
thirty days on the roads.
There was only one other criminal
case that had not been disposed of
the Ease in which Jackson Brown was
found guilty Of assault with a deadly
weapon. He was sentenced to one
yea on the county roads.
Immediately after the above case
had been disposed of, the civil docket
was entered upon On account of the
absence of Mr.. Chas. NJ. Cooke, Jr., an
important witness in the case Of
Creech VS.. The Wilmington Cotton
Mill, of which mill MI. Cooke is the
superintendent, the case had to be
continued. The case was called OF
Friday afternoon. When it was found
that this case could not be tried. the
case OF Graham Murray VS., The Cit
of Wilmington was entered into anG
consumed the remainder of the day
and will probably go to h jury Mon
day.
This suit is for $4,000 and was instf
tuted in 1901. The attorneys for tn,
plaintiff are Ex-Judge f. K. Bryan ant
Mr.. l.. Y. Grady. The city is repre-
scented by City Attorney William J
Bellamy and Mr.. Herbert McClammy
The principal witnesses for the plain
tiff are Mr.. and Mrs. Murray, h pa
rents of Graham Murray, Drs. L.. II
Love and T. s. Burbank. Drs. W. J
II. Be1lamy. +. H. Russell and G.. 6
Thomas are expert witnesses for th,
defendant.
City Attorney VIM. 3. Bellamy ar
gued to the court to non-suit tn
plaintiff on the ground that the cit,