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Story April 17, 1852

The North Carolinian

Fayetteville, Cumberland County, North Carolina

What is this article about?

Newspaper report on a court session in Winston presided by Judge Caldwell, detailing cases including a continued detainment suit, a compromised case, and a notable slander trial where defendant William R. Wiggins confessed judgment for $10,000 but plaintiff declined it for vindication. A pistol fight involving Wiggins and Jen Leach occurred afterward.

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COURT.

Is in session this week-His Honor, Judge Caldwell, presiding.

Owing to circumstances, we go to press a little earlier this week than usual-(on Thursday evening after all the mails are in.)-while Court is still in session. There were several cases of interest on Docket-one, the case of Borer & Crist vs Merchants' Steamboat Company, for detaining Goods on the Cape Fear River to the damage of Plaintiffs, was continued. The case removed from Davidson, Dusenbury vs. Wiggins, compromised. And the case of State vs. Ed. Martin, (a free negro,) was set for hearing on Friday.

Since the above, we have the following communication, giving a fair, correct and impartial account of the suit of Cornelia L. Dusenbury against William R. Wiggins.

The slander case of Cornelia L. Dusenbury, by her next friend L. H. Norcum, against William R. Wiggins, excited more interest than any other case on docket. John A. Gilmer, G. C. Mendenhall, Ralph Gorrell and A. G. Foster, Esqrs., for the Plaintiff, and Hugh Waddill, Burton Craig, Thomas J. Wilson and Charles E. Shober, Esqrs., for the Defendant.

This suit was called on Wednesday morning. The Plaintiff's counsel called the witnesses, and declared themselves ready to proceed. The Defendant's counsel, on being addressed by the Court, arose, read in open Court a written explanation, fully exonerating the Plaintiff from all imputation, and asked leave to have the same spread on the minutes of the Court for the Plaintiff's vindication, which was allowed. The Defendant then withdrew all his pleas, called for the writ and confessed judgment for the sum of ten thousand dollars, the amount claimed in the writ and declaration. This being done, the father of the Plaintiff, Henry R. Dusenbury, being deeply affected, retired from the Court with his counsel and his friends, to consult, as we suppose, as to what under the circumstances, was the course of honor and propriety for the Plaintiff. The counsel returned into Court, and stated that the Plaintiff had instructed him to say that she had not sued for money, and that she would have none of the judgment, and with the leave of the Court caused the same to be noted on the docket.

Judge Caldwell made some appropriate remarks tending to show that he conceived the character of the Plaintiff fully vindicated, favorable to the propriety of the course of the Defendant, and complimentary to the Plaintiff in that she declined to receive the recovery.

A fight took place in the peaceable streets of Winston, on Wednesday, between Jen Leach and W. R. Wiggins, Esq., both from Lexington, in which pistols were used,-the latter receiving a flesh wound from a ball, which fortunately is not of a dangerous nature.

We have heard various accounts of the affair, but the above are the facts, without going into particulars, as the matter will undergo judicial investigation. It is generally known that the parties had been at variance for some time.

Mr. Wiggins is doing well.-Salem Press.

What sub-type of article is it?

Crime Story Historical Event

What themes does it cover?

Justice Deception

What keywords are associated?

Court Session Slander Case Judgment Confession Pistol Fight Vindication Winston Lexington

What entities or persons were involved?

Judge Caldwell Cornelia L. Dusenbury William R. Wiggins L. H. Norcum Henry R. Dusenbury John A. Gilmer G. C. Mendenhall Ralph Gorrell A. G. Foster Hugh Waddill Burton Craig Thomas J. Wilson Charles E. Shober Jen Leach Ed. Martin

Where did it happen?

Winston

Story Details

Key Persons

Judge Caldwell Cornelia L. Dusenbury William R. Wiggins L. H. Norcum Henry R. Dusenbury John A. Gilmer G. C. Mendenhall Ralph Gorrell A. G. Foster Hugh Waddill Burton Craig Thomas J. Wilson Charles E. Shober Jen Leach Ed. Martin

Location

Winston

Event Date

This Week, Wednesday

Story Details

Court session with cases including Borer & Crist vs Merchants' Steamboat Company continued, Dusenbury vs Wiggins compromised, State vs Ed. Martin set for Friday. Detailed slander suit of Cornelia L. Dusenbury vs William R. Wiggins: defendant confessed judgment for $10,000 but plaintiff declined money for vindication. Subsequent pistol fight in Winston streets between Jen Leach and W. R. Wiggins, wounding Wiggins non-dangerously; under investigation.

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