The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-10-26
WAKE CIVIL COURT
Cotton Burning Case A.
qainst Seaboard Be-
gun.

The opening day of the October
Civil term of Wake Superior Court
passed off with little done in the way
of results except the granting of three
divorces, the settling of two cases NOT
contested. and the taking Of part Of
the testimony in the case of Cunning
ham and Henshaw, a firm of Liver
pool cotton brokers, against the Sea-
board Air Line Railway for damages
alleged to have occurred by reason
of the loss by fire of 500 bales of coz
ton belonging to the plaintiffs.
The cotton, which was burned at
Hamlet, had been sold to Messrs. Cu,.-
ingham and Henshaw by Chas. T.
Johnson and Co.. OF Raleigh. the cons
tention of the plaintiff being that the
fire resulted from spark thrown by
one of the defendants engines.
Some question having arisen as to
proper plaintiffs, it appeared that the
cotton had been insured i'm the StanG-
ard Marine Insurance Company for
an amount equal TO the invoice price
and 10 per cent. additional as profit ac-
crued. AS the policy has been paid, the
plaintiffs are only endamaged in such
sum as they lost over and above the
amount of money received from The
policy, but the fact of insurance has
no bearing whatever on the merits of
the case; the real question to be de-
terminated being. simply. whether or
not the defendants engine caused the
fire which destroyed the cotton.
Unique Divorce Case.
The case of Stella Mcdonald V.
Paul Macdonald for divorce is one OF
much interest. AS has already been
reported, the defendant was charged
with the seduction of the woman he
has since married and fed the State.
A reward of $500 having been offered.
he was afterwards captured in Ala
bama and brought back 10 the State.
In order to escape prosecution ne
married the girl and, after two days,
abandoned her and has not since been
heard from.
The case of Albert Clemmens V.
Ethel Clemmens had its rise in the
dOings of a mother-in-laW. Clemmens
claims that he could have lived hap
PLY with his wife had it not been for
the maternal asset which he accumu-
lated along with the ceremony which
changed him from a careless bachelor
to a benedict fixed with notice of the
trials of the more serious state OF
life According to Albert his new
ma made life so miserable for him
that he threw up his position at the
Neuse Cotton Mills and went away
to HillSbOro, beSeeching his wife to
follow. This she refused to do and
Clemmens-doubtess in hopes of an
orphaned mate--is seeking Il divorce.
The remaining matrimonial diff
Guilty thrashed out was that of Mag
gle Stone V. Virgil Stone-a plain
case of abandonment, according to the
testimony Tickle, even as the "Pious
aneas'' of her truant husbands name
sake was her lord and master Virgil,
said Maggie, who, however, gave no
hint of a funeral pyre in her testi-
mony.
While the jury granted all three
divorces, Judge Long delayed signing
| the decree in each case until he could
carefully examine the records.
Other business disposed of by the
court was:
M A. Parker & Son, cotton brok-
ers, against the Revolution Cotton
Mills; the court, by consent, rendered
| a Judgment of one hundred dollars
and cost of the action In favor of the
plaintiffs.
| Chas. M. Terrell against the North
| Carolina Railroad was dismissed by
consent, at the expense of the defend
ants.
Ludden & Bates Southern Music
house against Mart Thompson, having
been settled, the plaintiff was nom
| suited.