Smyrna times., 1878-12-04

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suited in his death early Wednesday morn.
ing. He was riding on q load of straw.
By jolt or something the part on which
he was sitting was pitched forward throw
ing him on the horses which frightened
them, causing them to run and kick and
before they could be arrested he had fallen
beneath the wagon, both wheels passing
over his stomach. lie was between 2l and
% years old and a steady and religious
young man.
THANKSGIVING Day was properly observed, |
the day being an almost universal holiday. |
The morning shower broke into the ar
rangements of some, but the anxious boy
prognosticated the weather while getting
together his "traps' and was not disap-
pointed for the day was a fair one for
"still hunt! after all. 1t was, however, in
its social aspect that it was a marked day
the family reunions; brother breaking
bread with brother; the good cheer eX-
tended, and the dispensing for the time of
those cares and perplexities incident to
other days.
Services were held in the Episcopal and
Methodist churches-in the former by a
sermon from the Rector, and in the latter
by mixed programme of music, in which
were several we'll selected anthems, neat
address by Rev. G. Hill, taking for his text
the Presidents Proclamation, which was
read by Rev. j. Hough, and finishing with
a short, practical sermon by Rev. Mr.
| Haynes
The evening was we'll put in, being divi-
ded between the Sunday School Anniver-
sary of the Presbyterian Church and the
sociable of the Mite Society of the NJ. f.
Church.
The church would not begin to hold allwho
sought admission to the anniversary, which
indeed was a well gotten up and executed
affair. The walls were festooned around,
and in and about the chancel were numer-
Gus vases of choice flowers The platform
, front was spanned by three arches, the
5 centre one bearing the inscription in large
S evergreen letters, "Our Anniversary" Miss
< Mary Cooper presided at the organ, the
music--which largely predominated-beins
. led by the pastor, Rev. J. T. Umsted, the
q reverand gentleman himself a composer 0
! some of the music as we'll as a sklllfu
: wielder of the baton. The pieces were vel
q sung, among which was a solo by Miss Kat
Spruance. The "class Offering by tn
Bible class of young ladies was excellent il
e conception and execution. Among tn
5 pleasing features of the evening was th
IS presentation by her teacher of a prettil
e bound Bible to Annie McCarter for pei
Is feet recitation of the shorter catechisn
a The Superintendent's-G w. Taylor
report, which showed the school in goo
St condition, and an appropriate address b
10 the pastor, closed the exercises.
Il The "Socable' was held at the Tow
= Hall, which was nicely arranged for til
q. affair, paintings and chromos predominatir
Fl in the wall decorations. The arrangement
seemed to be complete for the entertai
ment, and it was we'll it was so, for II
IS crowd which went for social conclave
FL. we'll as to devour the creams, salads, loav
IT, of rich cake, &C., was large. The "a
I'd museum" under the management Of Nj
IL Sarah w. Anthony, afforded considerab
In amusement as did also the ''dumb orator
Gilbert Taylor The auction intended
10 the lady managers did not come oft
ho style being most too oriental for the ide
aw of the fair madcmoiSellcS. The gross receiI
90 were $l2S, netting the society about S!
90 The society wishes to extend through
for their thanks to the public for the libe
or. patronage received.
AN INTERESTING SUIT.-A suit came
on Friday last at New Castle Court that "
on peculiar one and of especial interest
at our readers, as all the parties connect
OF with it are of this community. 1t was
ng case of VIM. Nailor VS.. DIR. VIM. Dan
lad The case briefly stated before the col
la was as follows:
the In February l, 1877, |. d. Hamilt
Ups member of the firm of Hamilton Il Gu
yes minis, doing business in Smyrna, who W
in the habit of getting paper discounted
tbe DR.. VIM. Daniel, of the same town, cal
'rr1 on Dr. Daniel and asked for a loan
:ot. money. At hisrequest Mr.. Hamilton W
bI;c to Mr.. VIM. Nailor and got his note;
ont took it to DR.. Daniel who lent him
,vos amount of money called for, $467.50,
he per cent. which the law allows, and
,,oe per cent. in addition. The firm went i
ion bankruptcy soon after. The first issue
whether the note was an accommodate
note. The second, whether William Dal
ner- discounted the note by way Of loan
ing greater discount than 6 per cent.
Ed third, whether the written obligation
new wit: The bond and warrant of attor
his upon which judgment, No. 773, Nov.
irm 1876, in the Superior Court of New Ca
Mr.. County, for 1894, real debt, $467.50, '
Mr.. interest, from January |, 1877, was give
Ohm lieu of the said note, and the fou
title whether the maker of the note had
rner formation that Daniel had discounted
and whether the full face of the note
,odo to be paid off by Hamilton & Cummin
~ its maturity.
ono The whole case turned upon the q
'Vei ton whether the transaction was loa
ono purchase, and the case was brough
.U9 Nailor to avoid the payment of it after
iiieu Daniel obtained it, as he had in the
! ""S vac place given his bond to do.
= - no |. D. Hamilton testified that about
NJ 'n first of February, 1877, the firm OF W
aaue l.: he was a member owed DR.. William d.
49, a balance on two notes which were
Jeo'' paid The witness went to DIR. Daniels
/. oc a loan Of money on another note, an
the said he did not like the paper and told
.ntlv to 90 to William Nailor, as he was OF
owed the soundest men in the neighborhood
ones he would discount that; witness got
on note and going to Daniel asked him
was he would discount it for, and was told
,vorl, cent, the lawful amount, 10 per cen
ID at. excess of this. Witness objected to
/ in. because the amount Of discount wa
g but high. de weht' however u"y ~ =" w
be terward 10 Danlel anu eeTse- eese- Iro tn az ~
him. The note was for $46i.3O, an
received $388.03, which was the sum
s at note, with 2l per cent. deducted.
Telry this the witness asked the doctor to
ITS. the matter quiet so that it would not I
stock Mr.. Majors ears. The understanding
that the note was to be paid by the tlr
sonal Hamilton & Cummins.
George Harris and Charles ID. u
and eocb of whom had notes in the han
DR.. Daniel, one for $l73, and the othe
Bank, Sl65 were then examined. These
rtise- notes and Sl3O in money was paid to
,ness' ;Iton g. Cummins for the note.
The case, after being argued by the
IF the sci on both sides, went to the'jury
town. pm. After being out for an hour
t and quarter, the jury returne" velNiOO ~
: mill Richard Harrington, Esq, was ti
wood. torney for the plalntlH, anu oe"' ~