Page:The Green Bag (1889–1914), Volume 04.pdf/616

 579 removed to Goldsboro, where he has ever His opinions will be found in five volumes, since resided. During the war he was Quar from 76 N. C. to 79 N. C. inclusive. There termaster of the Second North Carolina may be noted State v. Brooks, 76 N. C. 1, Regiment; Louis Hilliard, afterwards a judge which holds that carnal knowledge of a mar of the Superior Court, being Commissary. ried woman obtained by fraud in personating His future associate on the Supreme Court, her husband does not amount to rape. State Judge Bynum, and Judge W. R. Cox of the v. Smith, 77 N. C. 488, decides that the Superior Court, were field officers in the burden being on the defendant, on a trial for same regiment. He served the whole war, murder, to show mitigating circumstances,

if the jury are left in and was at the surren doubt as to the matters der at Appomattox. alleged in extenuation, He was a member of the verdict should find the Convention of him guilty of murder. 1865, and also of the Hymans v. Dancy, 79 legislature of 1865-66. N. C. 511, discusses By this legislature he excusable neglect up was elected Solicitor, on a motion to set and filled the position aside a j udgment upon till all offices were de that ground. State clared vacant in 1868. v. Barham, 79 N. C. He was a member of the State Convention 646, is upon the re of 1875, together with quirements in an in Justices Avery and dictment for profane Shepherd, who are now swearing. on the court. He was Judge Faircloth has appointed by Governor been a director in the Brogden, Nov. 18, Wil. & Weldon and 1 876, to fi 11 the vacancy A. & N. C. R. Roads. on the Supreme Court, He is also a trustee of caused by the second Wake Forest College resignation of Judge and of several other institutions. Settle. He served till A. S. MERRIMON. He married, in 1867, the expiration of his the daughter of the term, Jan. 1, 1879. He then returned to the practice of his profes late Council Wooten, of Lenoir County, but sion at Goldsboro, where he still resides. He has no children. canvassed the State in 1884, as candidate At the end of his term of office the num for Lieutenant-Governor on the Republican ber of Supreme Court Judges was reduced ticket, and in 1888 was the candidate of the to three; hence, like Judge Bynum, he had same party for Justice of the Supreme Court, no successor. The two senior Associate but was defeated with his party on both oc Justices were Reade and Rodman, who casions. He is a member of the Baptist were succeeded by Justices Ashe and Dilchurch, and a man of pure character and lard, and Chief-Justice Smith was elected his upright walk in life. Beginning with him own successor. William Nathan Harrell Smith, sixth Chiefself, as his principal stock in trade, he has accumulated a handsome estate. He has Justice, was born in Murfreesboro, N. C, Sept. 24, 1812. His father was a native of been a successful lawyer.