The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1905-10-17
Yesterday Concluded Two Weeks
Term Of Civil Court.
Only Cases of Importance Tried Were
FTshbIate and Horne CaseS-Jury
Was Out About -Four Hours on the
Horne Case-Severa1 CaseS on the
Motion Docket Disposed Of-Next
Term of Civil Court Will be i'm De-
cember.

After being out about four hours,
the jury in the case of Melvin Horne
VS.. the Consolidated Railways Light
and Power Company On yesterday At
ternoon at 5 o'clock rendered a verdict
giving the plaintiff $4,000 for injuries
sustained while in the employ of the
Consolidated Company. The plaintiff
asked for damages to the amount OF
$4,000. Attorneys for the defendant
company ave Detice of appeal.
Yesterday concluded three weeks
court, the first week having been for
the trial of criminal cases and the last
two for civil. 1t was impossible to
clear the criminal docket and but few
cases on the civil docket have been dis
posed Of. Only two cases Of any con-
sequence have been tried, the
Ffshblate case, in which S. H. Fish
blate got a verdict for 81, ZOO against
the Fidelity and Casualty Company
and the Horne Ease. About two lays
were consumed in the Monk case and
resulted in the defendant taking a nom
suit and they Will bring another suit.
The rock quarry property was claimed
before by having 20 years possession
and the next suit will be brought under
a deed held by the Monk estate which
deed it will be claimed covers the prop
erty in dispute, n if it does not, the
defendants will have to show posses
sion for only seven years for the deed
gives color of title.
There are still a number of impor-
ttant cases on the civil docket, many
rof them being damage suits.
Attorneys for defendant companies
in both the Fishblate and Horne cases
made a motion to set aside the verdict
and grant a new trial. which motion|
was denied. Notice of appeal was then
given.
While the jury was out on the Horne
case the court took up the motion
docket and disposed of the following
cases:
In case of Sa.lie A. Smith VS.. Henry
Bowden, it was shown that complaint
was filed by order of court ON April
10, 1905, and defendant allowed so
days to file answer, which answer has
uSN6I UcS1 IlCu. II was duJuuSOo IDAS
plaintiff recover $2,922.30, of which
81, 700 is principal and 81 ,222.30 is in
terest.
w. B Slade VS.. Trustees of Shilon
Baptist Church, judgment for n~on-suit.
The Murchison National Bank VS.. J.
M. Motley, J. F. Motley and ". A.
Bell, adjudged that plaintiff recover
sum of $3.50 with interest from August
10, 1903, until paid.
Murch1son National Bank VS.. A. E.
Alderman ]. T. Naylor and E. F.
Young, court was asked to confirm sale
of land made in Harnett county, the
purchase price being $755 and the pu--
chasers being The Murchison National
Bank. The sale was confirmed.
The Penn Sons Tobacco Company VS..
J. Allen Taylor, adjudged that plain
tiff be allowed 70 submit to a non-su1t
and be taxed with the costs.
City of Wilmington VS.. Sarah L. Gil
bert, Junius Davis ct al, it appearing
that no complaint was ever filed and
matters in dispute settled, and further
that entry made at the term when
Judge Henry R. Bryan was presiding
was a mistake, so the order made
be set aside.
Thomas S. Burbank VS.. Consolidated
Railways Light and Power Company
case dismissed. having been settled,
and plaintiff taxed with the costs.
In the Horne case there was a model
showing just the manner in which
Horne met with the accident that
caused him to lose his hand. Tie
model was an unusually good n and
one of the attorneys expressed the de-
sire to have It before the supreme
court when the case is heard there. In
view of this fact, just before the ad-
journment of court, the following or.
der was signed by the judge:
Estate of North Carolina,
Now Hanover COUNTY.
Melvin Horne
Consolidated Ry. l.. &. P. Co.,
Order
cit is ordered that the model exhib
tied on trial in this cause be impourd.
ed and the Hon. George Rountree be
and is hereby appointed caretakel
without bond and without compensa,
tion.
". r. ALLEN,
Judge &C."
The curfew law for hack drivers