Rockingham post-dispatch. [volume] (Rockingham, N.C.) 1917-1965, 1922-06-22

purchased, and that the note had
been paid and was in my possession,
fully paid and marked cancelled,
| further set up in my answer that
the amount they claimed was incof-
rect and that | had also received a
bill from H. ID. Baldwin, administra-
tor of the estate of w. M. Henderson,
deceased, alleging that | owed him,
as administrator, $945.00 on fertilizer
account. This Indebtedness also
denied, for that the sameshad been
fully paid and should have been
cancelled on Mr.. Henderson's books.
now have in my possession the
statement rendered me by Mr.. Bald
win as administrator of w. M. Hen
derson, deceased.
SECOND: That as soon as this
action was instituted in New Han
over county notice was served on
the Acme Manufacturing Company
and request made of the Judge OF
the Superior Court for the removal
of this action to Richmond county
for trial; that l filed an affidavit in
which | set out that it would be
necessary for me to have large
number of witnesses, among them
being Mr.. ]. r. Bennett, President
of the Bennett Bank g. Trust Com
pany, Mr.. B. B. Farlow and Mr.
Prince OBrien, both of the Bank OF
Ellerbe, Mr.. A. T. White, merchant
in the town of Ellerbe, and a num-
Der of other parties, and that to
carry them to Wilmington to testify
in this case would be too large an
expense for me to bear; that | was
Door widow and dependent upon
my own efforts and work to support
myself and children. | further set
ont that to take these gentlemen
from their business would necessl-
tate some of them closing their Of
fees and stores, that it would be a
great hardship on them to be away
for the necessary time in which 10
have this case tried. further set
ont that | owed the Acme Manufac-
turing Company nothing and that |
owed the estate of w. M. Hendcr-
son nothing, and that all of these
matters should be tried here IN
Richmond county where the trans
actions arose and where all OF the
parties with the exception OF the
Acme Manufacturing Company live;
that the interests of justice would
he met and a fair trial for all par
ties could be secured. In addition
to my affidavit my attorneys hled
affidavits from Messrs. j. X. Ben
nett, B. B. Farlow, Prince OBrlen,
]. F. Stafford and a number OF
others, setting out that the facts
contained in my affidavit were
known to them and Wee true, that
the expense for me to go to VIII
mington with my counsel and wit
nesses would be more than | could
hear and that fair trial could be
had in Richmond county and that
the ends of Justice would be met
THIRD: That my attorneys went
to Wilmington to argue the remova!
of this case, and upon their return
/ informed me that certain atfidavlts
nv residents of Richmond county
North Carolina, had been filed, In
which they stated that the ends OF
! Justice would not be met by the
removal of this case for trial to
Richmond county and that far
trial could not be had; that upon
these affidavits the Court refused
to remove this case for trial III
Richmond county, and the case is
now pending in the Superior Court
= of New Hanover county.
MRS. LAURA MILLS.
Sworn and subscribed to before me
| this the 21st day of June, 1922.
II. L. GUTHRIE, ]. P.