The Wilmington morning star., 1940-02-03

Record published an article alleged.
ly libeling Roth, and the @fol1ou7ins
Jay corrected, ION information" the
allegedly libelous story.
"A consideration of the whole
Record mess leads to the conclusion
mat the defendant acted through an
honest mistake" Barnhil added.
"Bu an honest mistake will not pro.
tect the defendant"
The alleged correction" he said.
Tell far short" of the requirement
lava full and fair correction,
apology and retraction."
1T neither ~retracts nor apologies
therefor, but merely states that the
defendant is then in possession of
contra that contained
IN the original publication" he said.
Declined Testimony
The Pitt county slot machine case
was remanded $50 that facts may be
found" Superior Court Judge j.
Paul Frizzelle had declined to hear
testimony offered by Mccormick
that the pin board games were legal.
Mccormick had sought a restrain
ing order to prevent seizure of his
machines by Sheriff j. Knott Proc.
tor.
The court held that Edna Bruton
could not collect damages from the
Power and Light COMPANY
because the company already had
sued, and had paid damages,
for injury to the property. The orr.
ginal suit was on different grounds.
Associate Justice W. A. Devin,
writing the opinion which granted a
new trial to Former Mayor Wilson
of Winston-Salem, said Superior
Court Judge j. H. Clements erred in
allowing introduction of certain evi.
dence at Wilson's trial.
Judge Clements permitted the soil.
citor to read to the jury the minutes
of a previous court term, which con.
tanned statements made by the then
presiding judge, Hoyle Sink, to the
grand jury. The statements were
"~suggestive" of irregularities in the
guardianship accounts of Wilson, the
opinion said.
Others errors, Devin said, were the
reading of an order by Judge Gle.
removing Wilson as public
allowing the solicitor to
read allegations contained in a civil
action against Wilson, and to ask
Wilson if he had not failed to deny
the allegations; and allowing the so.
length about his transactions as ad.
of an estate, as guardian
of other estates, and as to improper
use of his former office as mayor Of
the city,"
The list of opinions follows:
State VS.. Harris, Vance, reversed.
Mccormick VS.. Proctor, sheriff, ct
ais. Pitt, error and remanded.
Best and company VS.. Maxwell,
Wake, petition dismissed in part and
sustained in part.
Board Of Education Watauga county
VS.. State Board Of Education, Wake,
affirmed.
Hill VS.. Young, Franklin, no error.
State VS.. Ben Elder, Mecklenburg, no
Carswell VS.. Creswell, ct ais, Neck
lenburg, affirmed.
Mintz VS.. Frink, Brunswick, revers-
ed.
Bruton VS.. Power and Lig t com
pany, Arson, affirmed.
Rosser, ct ais VS.. Matthews, COM
Moore, affirmed.
Loan and Insurance company VS..
Carolina Beach, New Hano er, affirm
ed.
Fisher VS.. Fisher, Guilford, affirmed.
A. C. L. Railroad compan- VS.. II. T.
Thu over, ct al, Cumberland, no error.
Mack, administrator VS.. Marshall
Field and company, ct =, Guilford,
Cummings VS.. Atlantic Coast Lie
Railroad, Robson, affirmed.
Roth VS.. Greensboro New company,
GuIltord. no error.
McClamrock VS.. Ice company, Gull
no error.
State VS.. Wilson, Forsyth, new trial.
shenandoah Life Insurance company,
Inc, VS.. cambridge, ct ais, Forsyth, af-
Fl. ed.
In Re: Miller, administrator of
.Stansberry, decd, Ashe, reversed.
Butner VS.. Spease, Forsyth, reversed
as to defendant Butner, no error
as to defendant Spease.
Clinard VS.. Winston-Salem. Forsyth,
error.
Roediger VS.. sapos, Fo4syth, af-
firmed.
O'Briant, ct ais VS.. LIE, 4 ais, Dur
Brown VS.. Clement Co., Durham, re-
versed.
Sheets VS.. Walsh, Forsyth, affirmed.
Freeman VS.. Cook, Alamance, re-