The Wilson times. [volume] (Wilson, N.C.) 1896-19??, 1911-09-15
RAILROADS
WITHDRAW
THEIR POSITIONS AS TO DAVID.
SON COUNTY,. THOSE FROM
PIT and FORSYTHE REMAIN
THE CRY OF The MOB"
(By w. J. MARTINI


of the mob must not be mistaken for
the voice of the law" is a striking
comment of associate Justice Platt
D. Walker, of the North Carolina Su-
preme Court, in writing the opinion
of the court affirming the conviction
and sentence Of T. S. Davenport in
Gates county for forcible trespass in
the sensational struggle of the Rich
mond Cedar Co., against the Roper
Lumber Co., for the possession of a
Der lands. Davenport and his forty
woodsmen in the employ of the Rich
mond Cedar Works had been direct
ed to hold possession of the lands
and destroy the camps of represen-
tatives of the Roper Lumber Co. Arm
ed with axes and guns the men went
to the groupes of shanties of the RO-
per Co.'S. people, drove the men away
and burned the shanties. Justice Wal
ker devoted twenty-six pages to the
opinion finding mo error in the con-
viction of Davenport and his men in
the court held and making the point
that cit should be well understood
that individuals cannot use the law
and by their own procedure, and in
a violent manner either protect or
assert their right to property" And
that ''the cry of the mob must not
be mistaken for the voice of the law"
There were nine other opinions de-
1ivered last evening, this being the
first opinions of the fall term con-
vened two weeks ago. The others fol-
low: Owen VS. Horrnthal, Washing
ton, no error; Sutton VS. Lyons, Cur
rituck, new trial; Swindell VS. Smaw,
Beaufort, reversed; Tayloe VS. Ca
raw, Beaufort, reversed; Graded
school Trustees VS. Hinton, Pasquo-
tank, appeal dismissed; Hinton VS.
Hicks, Camden, new trial; State VS.
Vaughn, Hertford, new trial; Grant
VS. Mitchell, Bertie, new trial; Ellis
VS. board of graded school trustees,
Oxford, Granville, error.
Acquitted last night at Ellington
of the murder of Charlie Ellen,nine
years ago in Harnett county, Zack
Marks is to be returned by the Har-
anti f0
thorities to be tried for immoral re-
lations with his step daughter. He
had fed to Florida on account of the
Harnett affair when he was arrested
recently in Florida and a declartion
by his infuriated wife that he was
fugitive from Harnett county for
murder brought about his delivery
to the Harnett authorities for the
trial for murder Now that there has
developed lack of evidence sufficient
to convict, he will be returned to
Florida
In connection with the fight the
Southern the Seaboard Air Line and
the Atlantic Coast Line railroad, COM
panies are making for the reduction
OF the tax assessments against their
properties in this state on the
ground that they are excessive in
comparison with the assessm
against the real estate generally in
the counties their roads travels, the
southern and the Atlantic Coast
Line have withdrawn the aff1davits of
ciuzens averring low really values in
support of the contensions of the rail-
road companies The Atlantic Coast
Line has withdrawn all its affidavits
as TO low values in Wilson county
ana Southern has withdrawn it's af-
huaVlts as to Davidson county The
o1ner counties from which there were
alndaVlts of citizens setting out low
'aiuatlons were Forsyth and Pitt.
hne commissioners and county tax
assessors for all these counties have
'een directed to appear before the
commission September 2e and show
cause why the assessments should