The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-03-18
ENDOF ARGUMENT
IuSUPREME COURT.
Suits Growing Out of Girl From
Rector's' Date in
Raleigh.
Especial to The Times !

..#. tCDcCldl 10 L ZIG IlIncS- IDlSDatCn.
Raleigh. n. c., March 17.-Argumcnt
was concluded to-day IN the Supreme
Court on the appeal OF J. Sherwood
Jpchurch and w. II. Brewer In their
suit against Mayor J. S. Wynne and
Chief of Police J. z. Stcll for s25, 900
and $4,000. respectively. damages for
tho closing OF tho Academy Of Music
against Tho Girl From Rcctor's'' SOW
cral months ago. The case came up
on an appeal from demurrer by tho
defendants to the sutficicncy OF the
complaints, which allcge false impris-
onment as the grounds for the dam
ages, In that, acting under orders
from Mayor Wynne, the Chief of Police
took charge OF the Academy, and, on
the refusal Of Manager Upchurch and
Assistant Manager Brewer to deliver
Keys and other appliances ana control
10 tho officers, they were locked up FOR
Il short while in tho city prison.
Smith VIII Recover.
Ncws from Charlie. II. Smith, Of San
ford, who was wounded in tho attempt
that was made OIL his life and that Of
Duncan f. McIvcr IN Union Depot here
last evening by II. IL Powell, who
took his own life as a climax for his
insane cscapadc. is that there is no
probability OF any very serious CT
fects, and that he Will be out again
within IL week or two.
Preparations arc being made for the
funeral of Powell tomorrow as soon
as his son, II. IL. Powell, Jr., of John
son City, Tenn, can reach hero Mrs
Powell, widow Of the unfortunate man.
and John Powell, a son. came in this
morning from Sanford, and arc ar
=
burying ground near Raleigh Powell
was native OF this county, and
tarIned near Raleigh for many years,
after his four years service in the
Civil War. Ticll he located in .Aber-
deem, ard later IN Sanford, running
the Sanford nm OF tho latter place,
Tor tho past flvo years.
Tile remains are at the homo OF Mrs.
Malloy. Il half-sister OF Mrs. Powell.
here awaiting tic funeral Mr.. Powell
was an active member OF tho Baptist
Church OF Sanford and the funeral
Will be by the Baptist ministers OF
this city.
The Textures OF tho stirring tragedy
are sun the talk here. and Interest
ing incidents arc coming to light, Miss
Kate Rlacfnall. daughter of w. O..
slacknall. OF 1Iittrell. was probably
tho most endangered by the shooting.
She was almost directly III line with
the shot that WAS fired by Powell at
NJ. McIver The bullet. which gave
a1r. AlcIrcr a close shave. buried itself
III tho hardwood scat close by where
Miss Blacknall was sitting. Mem wo-
men and children fed in every tlirec-
ton when the insane man opened fire,
and Deputy Shcrim |. w. Newton, OF
Roxhoro was near by Powell. He was
impressed with the idea that Powell,
who was a. total stranger 60 him. was
insnnely shooting at random, and lie
instinctively reached for his own re-
Nolver. with the idea Of shooting Pow
ell TO prevent his killing others How
ever, he saws that so Quickly We're tho
two shots fired in the direction Of Me-
liver and Smith. and thcn the suicidal
shot turned upon the head OF Powell
himself. that he had no time to even
fore all was over and Powell was en-
piring in his own blood on the waiting
room floor.