﻿The 
  Blackvvell 
  Litigation. 
  65 
  

  

  in 
  every 
  respect 
  satisfactory, 
  and 
  entirely 
  overcomes 
  the 
  

   depositions 
  of 
  the 
  three 
  Wrights. 
  

  

  The 
  following 
  witnesses 
  swear 
  positively 
  that 
  they 
  lived 
  

   at 
  Durham 
  at 
  the 
  time 
  Morris 
  & 
  Wright 
  made 
  tobacco, 
  and 
  

   that 
  the 
  brand 
  used 
  by 
  said 
  Morris 
  & 
  Wright 
  was 
  that 
  

   alleged 
  by 
  Mr. 
  Blackwell, 
  and 
  did 
  not 
  contain 
  the 
  word 
  

   "Durham": 
  

  

  Thomas 
  B. 
  Morris, 
  Mr. 
  Wright's 
  partner, 
  who 
  appears 
  to 
  

   have 
  conducted 
  the 
  business 
  of 
  the 
  firm. 
  (p. 
  94.) 
  

  

  J. 
  R. 
  Blacknall, 
  a 
  farmer, 
  who 
  says 
  he 
  was 
  frequently 
  in 
  

   the 
  factory 
  of 
  Morris 
  & 
  Wright, 
  (p. 
  85.) 
  

  

  A. 
  J. 
  Carroll, 
  a 
  carf»cnter, 
  who 
  sold 
  smoking 
  tobacco 
  for 
  

   the 
  firm 
  of 
  Morris 
  & 
  Wright, 
  (p. 
  77.) 
  

  

  J. 
  M. 
  Hern 
  don, 
  a 
  farmer, 
  who 
  also 
  sold 
  tobacco 
  for 
  said 
  

   firm. 
  (p. 
  89.) 
  

  

  B. 
  C. 
  Hopkins, 
  a 
  school 
  teacher, 
  who 
  taught 
  at 
  Durham, 
  

   (p. 
  83.) 
  

  

  J. 
  H. 
  Watson, 
  a 
  mail 
  contractor, 
  and 
  a 
  resident 
  of 
  Chapel 
  

   Hill. 
  (p. 
  280.) 
  

  

  W. 
  G. 
  Guess, 
  a 
  farmer, 
  who 
  saw 
  said 
  firm 
  put 
  up 
  and 
  

   brand 
  their 
  tobacco, 
  (p. 
  131.) 
  

  

  R. 
  F. 
  Morris, 
  a 
  tobacconist, 
  who 
  saw 
  the 
  stencil 
  plate 
  of 
  

   said 
  firm, 
  and 
  often 
  helped 
  to 
  use 
  it. 
  (p. 
  74.) 
  

  

  W. 
  H. 
  Bowles, 
  tobacconist, 
  and 
  a 
  resident 
  of 
  Tally 
  Ho. 
  

   (p. 
  66.) 
  

  

  E. 
  W. 
  Morris, 
  a 
  tobacconist, 
  (p. 
  283.) 
  

  

  The 
  testimoney 
  of 
  these 
  witnesses 
  is 
  corroborated 
  by 
  S. 
  

   Shepherd, 
  (p. 
  70,) 
  a 
  farmer 
  ; 
  J. 
  W. 
  Cheek, 
  (p. 
  120,) 
  a 
  mer- 
  

   chant; 
  W. 
  Mangum, 
  (p. 
  93,) 
  a 
  carpenter; 
  M. 
  H. 
  Turner, 
  (p. 
  

   130,) 
  a 
  farmer, 
  and 
  others. 
  

  

  The 
  great 
  preponderance 
  in 
  favor 
  of 
  Mr. 
  Blackwell 
  must 
  

   be 
  held 
  to 
  overcome 
  the 
  testimony 
  of 
  the 
  three 
  Wrights, 
  and 
  

   compels 
  the 
  conclusion 
  that 
  the 
  brand 
  used 
  by 
  said 
  firm 
  of 
  

   Morris 
  & 
  Wright 
  was 
  " 
  Morris 
  & 
  Wright's 
  Best 
  Spanish 
  Fla- 
  

   vored 
  Smoking 
  Tobacco," 
  without 
  the 
  word 
  Durham. 
  

  

  It 
  cannot 
  be 
  claimed 
  that 
  any 
  of 
  this 
  evidence 
  is 
  negative. 
  

   As 
  is 
  said 
  by 
  Judge 
  Rives, 
  the 
  question 
  is, 
  What 
  brand 
  was 
  

   used 
  by 
  the 
  firm 
  of 
  Morris 
  & 
  Wright? 
  Mr. 
  Armistead 
  pro- 
  

   duces 
  the 
  three 
  Wrights, 
  who, 
  perhaps, 
  swear 
  that 
  it 
  was 
  

   one 
  thing, 
  while 
  Mr. 
  Blackwell 
  produces 
  a 
  dozen 
  or 
  more 
  

   competent 
  witnesses 
  who 
  swear 
  tiiat 
  it 
  was 
  something 
  else. 
  

   Nor 
  can 
  it 
  be 
  claimed 
  that 
  the 
  latter 
  arc 
  interested, 
  for 
  at 
  

   least 
  three-fourths 
  of 
  them 
  are 
  not 
  tobacconists, 
  or 
  in 
  any 
  

  

  