The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-29
Supreme Court Found no
Error.
THE STEWART CASE.
Error Found and New Trial Ordered.
The Court Files an Opinion on
Rehearing Contrary to One Filed
in Same Case Last Year, Being
IOnes v. Commissioners.
Jones v. Commissioners.

Among the opinions handed down
by the Supreme Court yesterday was
one refusing to allow James Blackley.
of Franklin county, who was convicted
of embezzlement, new trial, and he
must serve his five years sentence in
the penitentiary.
Another opinion ruled an error in
the Judgment of the lower court in
the case of Mary A. Stewart, admin
istratrix, against the Seaboard Air
Line Railway, and she may, after all,
secure damages for the death of her
husband, who was killed in a collision.
In the case of Jones against the
Commissioners of Madison County, the
judgment of the lower court was up
held. This was the second time this
case had been passed upon by the SUI
preme Court, last year, the lower
court being overruled, and dissent
ing opinion was filed by Justices Con-
nor and Montgomery. This time,
however, the majority of the court is
of the same opinion as were the dis
senting justices last year.
Decisions Handed Down.
A complete list of the decisions
handed down yesterday is as follows:
Cash Register Company VS.. Town
send, from Robson; new trial.
Stewart VS.. S. A L. Ry., from
Wake; error.
Kornegay VS.. Miller, from Wayne;
affirmed.
Corporation Commission VS.. Bank,
from Harnett; affirmed.
State VS.. Blackley, from Wake; no
error.
Mayo VS.. station. from Edgecombe;
reversed.
Jones vs. Commissioners, from
Madison; petition of plaintiff to re-
hear allowed and judgment of court
below affirmed.
reversed.
Solos VS.. A. C. l.. Railroad, from Co
lumbus. per curtain. The court being
evenly divided Drown, j., not sitting)
the Judgment below is affirmed
State VS.. MCNEIL. from Robson;
defendants appeal docketed and dis
missed under Rule 17-per curtain.
Jackson VS.. A. C. L. Railroad, from
Robson: motion to docket and dis
miss plaintiffs appeal under Rule II
allowed.
The BlacI6ley Case.
The defendant. James BIackley, was
convicted of embezzlement. There was
evidence that he entered into a con-
tract i'm Georgia with one Meadow
by which he agreed to take a car load
of mules to Raleigh, n. c., and sell
them for Meadow. and after deduct
ing expenses the defendant got one
half of the net profit as his compen--
sation. BlackIey brought several car
loads of mules and horses to Raleigh,
col of a
(McAdowl. and at the termination of
the business Blacl1ley was short" in
his returns $4,212.55.
The defendant introduced no evil
dence but asked the court to instruct
the jury that upon the whole evidence
they should return a verdict of not
guilty.
The court ruled that the evidence
tended to show an embezzlement in
Raleigh. since the conversion into
money took place here, and the sum
realized for prosecutor had not been
turned over to him. 1t is not correct,
to say there was no evidence that the
defendant was above the age of six
teen. There was no oral evidence on
the point, but the defendant was in
court and the jury had a right to use
their eyes and draw their own infer
ence that he was not shielded from re-
sponsiblity of being a child, especially
as there was no prayer to instruct the
jury that he was not shown to be over
sixteen. There was evidence to the
embezzlement, and the sole ownership
of the funds embezzled, which were
properly submitted to the jury. There
was evidence tending to prove that
the accused was the agent of the per-
son alleged, and he was charged with
receiving money or property of his
principals; that he did receive such
money in the course of his employ
ment, and, knowing it was not his
own, converted it to his own use or to
the use of some person not the owner.
After the fullest investigation the
court found no error.
Stewart Damage Case.
The court passed upon the case of
Mary A. Stewart. administrators, as
follows:
This was an action for damages for
negligently killing plaintiffs intestate,
S. T. Stewart, locomotive engineer
on June %, 1908. between Raleigh