The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-11-11
MIXED VERDICT IN
TOBACCO CASE.
One Issue Found for Plaintiff, Another
for Observation-Disclosures Cooke Wei
coined by Numerous Friends
20 His First Court in
Wake

In the case of Hughes & Company
VS.. Knott and Williamson, which had
occupied several days of the time of
the Superior Court, the jury yester-
day brought in a verdict which was
mixed" in that one issue was found
for the defendant and another for
the plaintiff.
Both plaintiff and defendants there
upon drew up Judgment which they
presented to the court to sign, and
il was finally agreed that the judge
might sign his final judgment in the
case after going home and consider
ing the matter. This course was
taken after the judge had stated from
the bench that at first impression it
seemed to him that the defendants
had won the case, but that he would
like to have time to consider the mat
ter before finally signing the judg-
meHl.
The case grew out of a contract of
purchase of tobacco by a time GER
tain. There were questions as to
tender of money and as to whether
the defendants were able, to comply
with thir contract and whether the
time for the delivery of the tobacco
had been extended. Col. Hughes
stated that he was in Raleigh on the
Fourth of July with ample security
tract and the defendants claimed thtat
he had not done so and had not made
the necessary tender of money, etc.
In its verdict the jury found the
first issue, as to whether the time
for the performance of the contract
had been extended, with the defend
ants. who claimed that there had been
no such extension.
On the second issue, however the
nj
issue as to the ability of the defend
ants to comply with their part of
such contract, holding that defendants
could not comply.
1t is the effect Of the determination
of these issues, whether the answer to
the first does or does not make the
answer to the second immaterlal to
the defendants, that raises the uncer-
tainty as to what has really been the
result of the case.
After the signing Of routine judg
ments and decrease, the court ad-
journed during the afternoon and
Judge Cooke returned to his home at
LouiSburg.
Judge Cookies First Term i'm Wake.
During the three weeks which
Judge Cooke has spent in the city IN
the holding of his first court in Ral-
eigh, he has been visited by IrlendS
lnnuneefdDle, VINO WlSneu W cAPi Coo
| to him their pleasude at seeing nm
on the bench. During many years
Judge Cooke has been one OF the lead
| ing men in the State, as legislator,
solicitor and well-founded lawyer OF
| the old school ready to appear IN any
| class of litigation in any form. Dur
| ing his very active life as pohtlclah
and lead ng lawyer in his county ne
| has made thousands of trlehuS ana
| few. if any, enemies. He is OF
sunny temperament, has a fund OF
dry humour, is a skilled raconIeur
and character commanding uilVer-
sal respect. AS a judge he is destllled
in the holding of his courts 10 MAKE
ms popularity, already practlcdlly
statewide, entirely so.
The present term of court lhVolVed
the hearing of several long ana ecu
Gus cases, which were OF niue puolic
interest. In presiding at these near
lhSS Judge Cooke has diSplayeu IN an
eminent degree his absolute sense Oh
harness and equity to all paTtleS ana
UNIFORM courtesy and goou hulloI
to counsel, which went far towards &c
llevlng the strain of protracled Ilu-
cation.