davidaulloa/AmericanStories huggingface dataset:
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-04-23
WAKE SUPERIOR COURT.
A Day of Argument With Case Of Mar
son vs. Railroad.

Argument in the case of Maroon
administrator against the Raleigh and
Augusta Railroad Company was begun
in the Superior court yesterday morn
ing. Mr.. Richard H. Battle opened for
the plaintiff and made a most elabor-
ate and effective argument to the court
and the jury on the evidence and the
law i'm the case. His contention was
that the Railroad company had been
negligent in giving instructions to the
conductor and engineer of the special
freight train which pulled out from
Hamlet on that memorable evening Of
February 5th, 1894. and that therefore
his client was entitled to recover dam
ages from the defendant company.
Mr.. Battle was followed by ex-Judge
James G. MacRae for the defendant
company. Judge MacRae made, as he
always does, a powerful and convinc-
| ing argument. contending that the es-
| tablished rules of the Railroad compa-
ny bad been violated by the engineer
and conductor on that extra freight.
/ No. as. and because of this disregard
| Of well established rules the fatal ac-
| cident occurred. Judge MacRae read
at length from authorities defining
/ the liability of a Railroad company.
| His argument was mainly on the law
| points involved in the case and was
| addressed mainly to the court.
Major j. b. Bachelor followed
Judge MacRae for the defendant com
pany and made a logical and able
| speech on the law and the evidence,
Of an hours length.
This morning Capt W. Fl. Day viii
close for the defense and Col i. NJ.
Argo will make the closing speech for
| the defendant. These are giants Of
able, earnest and eloquent pleading
and when they close little will be left
unsaid on either side of this impor-
tant case. 1t was stated Yesterday
| that the damages claimed were 100000
this was an error the damages are
| layed at $2j 900.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-04-23
WHICH WILL IT BE?

4 prominent Democrat and Popu-
list leader were talking on the train
three days ago. when the Democrat re
marked that if the Chicago convention
declared for free and unlimited coinage
of silver at is to 1 and nominated a
man who was known to favor that pol
icy it would be the end of Populism IN
North Carolina, SO far as this years
campaign Was concerned.
'.N'ithout doubt, declared the Popu-
list.
Now" said the Populist, "if the Chr
cago convention declares for a gold
standard and dominates a gold bug 10.
President that will be the end of the
Democratic party in North Carolina,
SO far as this years election is concern
ed
"Without the slightest doubt" ra-
sponded the Democrat
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-04-23
WHERE THE FIRE ORIGINATED.

Tie debris was all that was left Of one
of the best equipped railroad shops,
for iron work, in the South.
The scene was a grand but a pitiful
one. Ia The dim first strealSs Of dawn
great pillows Of fire rolled heaYenward.
capped with motley crests Of smoke
afrd escaping steam And as the wind
swept through the tall arched windows
and doors of the building the flames
sent ont long, hungry tongues Of light
and roared like angry breakers on the
beach. IN the tool and engine rooms,
where the fire is supposed 10 have orig
mated. it ragged with greatest fury, the
floors being saturated with oil, and
much inflmmmable material being il
this part of the building. ii was d sub
lime spectacle, but about it were cltls-
tered, among the great crowd who had
gathered there through curiosity or To
render what assistance they could,
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-04-23
IT'S STRANGE,
IT'S PASSING STRANGE.

have been a severe sufferer from
Hemorrhoids for over a year and moth
ing gave me any relief. MY system
was completely run down from the
trouble and finally the doctors said
an operation was the only hope for me,
and / went to Goldsboro for the pur-
pose of having the knife applied. But
when / got there was in such a weak
condition that my family feared an
operation and begged me to try Mrs.
Joe Persons Remedy and see what 10
would do, as they had so much faith
in it. / used hat dozen bottles and
every night took a warm, copiOuK
bath of the wash and the result was
magical. The swelling soon subsidized
and all necessity for an operation with
the knife had passed. / returned to
my home cured, my strength recupor-
ated and so much improved that my
neighbors said they hardly knew me.
For Hemorrhoids Mrs. Joe Persons
Remedy and Wash are far ahead Of
anything 1 have ever seen
Mrs. w. w. cox.
Newton Grove. Sampson Co., ". c.,
April Sth, 1896.
Strange that all who suffer do not usa
Mrs. Joe Persons Remedy,
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-04-23
The Flame Swept Shops of the
Seaboard Air Line.
$4,000 ESTIMATED LOSS
The Insurance Approximates
Fifty Thousand Dollars.
HEROIC WORK OF OUR FlREMEN
One Hundred and Fifty Employees Idle
But is is Thought Shops Will be Inn
mediaIety Rebuiit--Mr. St.
John Thanks the
Firemen.
Firemen.

At 4:45 o'clock yesterday morning
fire. which was the cause of $50 men
to-day being out Of employment and
the loss of property worth $4,000 or
SIC. 900 broke out in the Seaboard Air
Line machine shops on Johnston street
The fire was discovered first by the
night Waterman who did his best to
snbdue the flames, but it had caught
on the inside and the timbers began
burning like lxindling wood and the
flames swept over the building with
ferocious rapidly, and it was after
super-human efforts on the part OF
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-04-23

The Asheboro and Montgomery r.
r. Company has been chartered I'D the
Secretary of States office 80 extend
from Starr. ON the Aberdeen and West
End e. r., to Asheboro, the terminus
of a branch of the Southern Railway.
Ii viii give the Aberdeen and West End
road an outlet over both the Southern
and Seaboard systems. The length OF
the road is tweuty-four miles. Work.
viii begin at Asheboro and wiz be com
pleted by the end of the prest b year
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-04-23
SAVING THE OIL HOUSE

our people should feel anxious about
the shops rebuilding, and re-equip-
ment. Raleigh has always felt espe-
cial pride in the shops and III the great
Railway system that owned them and
the town wifi look with horror upon the
naked walls the flames left but not
for long we hope. for we have reason
to believe that the shops viii BE imme-
diately rebuilt and re-equipped and
that every man who listened hereto
fore for the old familiar whistle at
early dawn viii within Il few DAYS be
again responding to its call II was
stated yesterday by gentlemen who are
in position 10 draw accurate conc1u-
sions that every man employed i'm the
shops would be back again IN a few
days.It was even said that some B%ea-
ehinery TO replace the burned machin-
cry would be on its way to Raleigh in
less than ~ hours,andi it was said that If
the old whistle could have been saved
from the flames ii would have blown
this morning as usual. We surely hope
THAT these rumors are we'll founded
and that within few days or weeks
at most this great local industry will
be fully rebuilt better and bigger than
ever
The News and Observer wired Vice
President ST. John yesterday after
noon as to amount Of insurance on
the burned binding and as to the re-
building Of the shops
The following is his reply
PORTSMOUTH,, Va, April 22.
Replying to your message, our insur-
ance approximates fifty thousand dol
lars. What the policy Of the company
will be in the matters referred to cannot
yet he fully determined.
Il. SF. JOHN
Mr.. W. r. Read, superintendent of
motive power Of the Seaboard Airline,
came in yesterday, AND remained shout
the burned shops for several hours.
The Raleigh fremen and citizens
worked heroically against the spread
of the flames and their kindness was
duly appreciated. as is evidenced by
the following telegram received by
Mayor Russ from President ST.
John yesterday afternoon:
Portsmouth, Va, April 20.
To the Mayor of Raleigh:
| beg leave to tender the thanks of
the officers Of the Seaboard Air Line
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-04-23

Mr.. Ed. " Denton left last night for
Washington, ID. G., to attend the stake
races which begin there to-day. Mr..
Denton's feet-footed FLY My-Yic, by
Brittanica, out OF Little Vic is entered
in two $4,000 races.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-04-23
TEN. NIGHTS TN A DARKROOM TO.
NIGHT.
Communicated.


Parents should not only go them
selves, but should take their children
to the Central Methodist Church to-
night to see Fl. r. Lucas perfect scenic
production of ''Ten Nights in a Bar
room" Here Simon Slade, the pro-
prietor Of the Sickle and Sheaf will be
seen dealing out the deyilish stuff
that cuts down youth in it's vigor, man
hood in it's strength, old age in its
weakness, fills the iails, the aims
houses and the asylums with miserable
unfortunates whose morals have been
blig'hted and lives wrecked by the cup
in which the serpent turks. Think Of
destitute little children Juggling at the
withered breast Of weeping and de-
spairing mothers Realize tonight
the horrors of intemperance.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-04-23
a disintereeted

and clear headed
Judge doesn't II
low himself 10 81
biased by pr ju
dice. Superstition
doesn't affect lis
decisions. NJ ere
tradition has no
place in his rea
soning Facts are
the only things
which he consiI
ers. IF the intelli
gent men and Wo-
men who make ND
this great country
Of ours will simply
bring their reason
and common sense
to be ar on the
problem of curing
their sickness, VIZ
will soon be a na-
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-04-23
SUPREME COURT.

Appeals from the twelfth district
disposed Of on yesterday
billiard VS.. City OF Ashevile: ar
gued by j II Merrimon Chas 4. Moore
and John p, Arthur for plaintiff, and
Julius q Martin and w W. Jones for
defendant. avery, j. did not sit on
the hearing Of this case)
Styles Us. Railroad; argued By Fer
guson for plaitiff, and Bason for de-
PENDANT.
Roberts rs. Cooke; argued by j. IT,
Merrimon and +. L.Roberts for plain
tiff, Moore and Shepherd for defendant
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-04-23
O. p. A. Washington, d. C.

Out of weakness comes strength
when the blood has been purified, en-
riched and yitalized by Hoods Sar-
saparilla.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-04-23
EPWORTH LEAGUE AND SUNDAY
SCHOOL CONFERENCE OF THE
NORTH CAROLINA M. Z. CHURCH

Goldsboro, N. c., April 28-29th, 1896.
For the above occasion the Southern
Railway will sell round trip tickets
to Goldsboro on April Goth, 27th, and
2Sth. Final limit, April 30th, 1896
For information as to rates, etc, call
on or address
II. l.. POTTS,
Ticket Agent, Raleigh, n. c.
w A. TURK,
O. 7. A., Washington, ID. C.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-04-23

Strange that all who suffer do not usa
Mrs. Joe Persons Remedy.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1896-03-13

writer quantity terms "pious perjury
may preserve the rights of the people as
they have been understood for more than
century.
In my judgment a decision that tempts
such course on the part of jurors to pre-
serve what are supposed and believed to be
ancient and constitutional rights is a ca
lamity much to be regretted, In short,
deem the holding of the court as again 1t
public policy, sound morals, and, in effect,
change of the constitution as it was in
tended by its trainers, and has been under
stood and acted upon by the inhabitants
OF this state throughout its entire history
as state
The people must zealously guard their
constitutional rights especially of the kind
involved in this case. If they lose such
rights, it usually occurs by their being
frttered away by legislative action or ju-
dicial decision, without the full extent and
effect of such action or decision being un-
derstood Ivy the people. Believing this de.
cision to be an infringement of their con-
stltutional rights, | have deemed it my du-
ty to express my dissent, feeling that
should be derelict in my duty if | failed
so to do.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1896-03-13
DR., DAVID KENNEDYS
FAVORITE REMEDY

A short time was perfectly cured My wife had
"A severe attack OF kid ey trouble 20 bad at times
that she hardly able 30 be- about. aud Favorite
Remedy greatly benefited her Ny children SUI
fertd at different times frrm bi iobs collie and
eruptious on the face and Favori = Remedy
cured them both after the doctors had failed to
help them II is to US household necessity and
| trust you VIII publish this for the good Of
others"
}. VI jeff ,rds, druggist at EDosburg Falls, sold
Mr. Tyler Favorite Remedy. and saps ne knows
him we'll and that he is thoroughly reliable
man Dr. Kennedy IS Favorte Remedy cures all
diseases brought all nut by an impure condition OF
the blood, such eCz-ma, crofula, rheumatism.
ur mary troubles, dyspepsia constipation, kidney
aud liver complaints: 81 bottle.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1896-03-13
HAE VLEH.
February 20.

Haze been in tie Nezy 71ork
markef tie past fe7g days Sc
lectfng sbItRg- fairies and
garments. The garments
7viH not be here just yeL but
tile ofher things 7yiH be on
sale directly.
what zgiRfe,- goods or gar
ments IRE haze left get tile
final cHf in price nor.
The chameleon waists at
SI.5o each, prove quick SCI ers
and fit well.
Separate black dress skirts
are very much in demand in
New York. | have bought
those which | believed were
correct in fabric, s'yI., sweep
and price. All prices, $3.50,
Sz.75, So Is, So IS, S, S5.95,
$3.50, S8 50, $3.50, S1z75,
$3.50, SIG.
". /. //AWLEY.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1896-03-13
The History of the Case in Brief.

The controversy to which this decision of
the court relates dates back to the time
seven or eight years ago, when an associa-
ton of men, under the name of the New
England Trout and Salmon club, mostly
residents of Brattleboro, bought a strip of
land four rods wide around Marlboro South
pond and enclosed the pond as a private
fishing preserve. This angered Marlboro
residents, who had previously enjoyed free
access to the pond and who believed they
were being denied constitutional privi-
lege. The matter ran along. with threats
and protests more or less open, until NAV.
1894, when several Marlboro residents,
with the avowed purpose of bringing the
question of their rights to a test in the
courts, went upon the pond and fished on
one or more occasions. The club began
prosecutions, and the case against George
George Mather was chosen as a test
1t was tried in Brattleboro, May 20. the
jury disagreeing. Owing to the difficulty
of obtaining a jury for another trial the
plaintiff club acknowledged judgment for
costs and appealed the case to the county
court When the case came before the
court at the next September term Judge
Taft said it was purely a question of law
points to be determined. He therefore di-
rected judgment to be entered for the de-
PENDANT and the case went to the supreme
court. 1t was argued before that court
last May, but decision has been held un-
til now, and it has come to be understood
by those interested that unexpectedly
knotty law points had been encountered.
The opinion was delivered al Montpelier
on FRIDAY, March 6.
Briefly stated the contention of thu
plaintiff club was that its deeds gave it
control of the land under the pond, and
therefore Of the pond itself, while the defend
ants held that they could not be deprived
of their right under the constitution of
Vermont to fish in all bOatable waters
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1896-03-13
PHOENIX, mATTIEBORO 10,

all waters boatable in fact are boatable
within the meaning of the constitution OIL
the ground that this has been the practical
construction, acted upon since the adop-
ton of the constitution. The substance
OF his views is given herewith. Tyler, j.,
did not sit in the case.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1896-03-13
DEPoRT OF THE CONDITION OF

HI The Peoples National Bank, at Brattleboro.
m the state Of Vermont, at the close Of business,
! III. ~
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1896-03-13
II. Fl. TYLER,
or EnOsburg, Vermont,
Cured Of Liver Complaint
and Bilious Complaint

IN letter to Dr. Kennedy If Rondout, y. y
II H. Tyler of the town Of Enosburg, {, says IN
reference to his preparation. DR. David Kennedy
Favurit- Remedy. I'VE have used Favorite
Remedy in ou- family for several years, and feel
from the amount pf good It has done Us We can
not praise IL TOO much ] suffered terribly from
liver complaint. and after taking
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1896-03-30
MANAGER HerrinQton.

We present above an excellent cut
of Manager Harrington. who will con
duct the affairs of the Remedies this
season. While he is a new conner in
| the New England he is by no means a
novice in base ball matters
His career in the national game be
gan at Scottsdale, Pa. 1882, when be
was the only curve pitcher in that sec
ton of the country. He pitched on and
managed the Scottsdale team until
1856, when he taught Jack Menefee.
now one Of the pitchers on the Pitts
burg team of the National League, tc
throw the curves. and together they
succeeded in pitching the Scottsdalt
team into the championship Of the
Western, Pa. League.
The following players of the strong
team which Mr. Harrington succeeded
by dint of hard work, in developing
that season are now in fast company
viz: Menefec with pittsburg; Boyd
With Rochester, Rhinehart, Patterson
n. j.; Lamon. with Reading; anC
Moore, with Titusville In 1894. Mr.
Harrington was one of the owners o.
the Franklin club when it brought ouj
Wallace. now with the Cleveland team
of the National League. Last season
as manager of the Sharon team. Mr.
Harrington brought out Cannon, who
was taken by the Buffalo team. ant
Hewitt. who was signed by Crane
Rapids. the Coal and Oil League non
being under the National agreement
Both Cannon and Hewitt are held fol
the season Of 1896 by the Pittsburf
club of the National League.
Mr.. Harrington will bring with hin
Pitcher Conroy and Infielder James
Kelley. both of whom were with hin
last season. and whom he thinks vii
make good records for themselves il
the New England League.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1896-03-30
kim" WAS THERE.
HustIing Advertising Agent Of Maine Central
Present al New York Exhibit

Colonel w A. kimball has returned
from New York. where he attended
the National Sportsmen' Exhibit The
New York Times tells about the irwin
chile kim as follows:
A character of the exposition who
will be missed after today is W. a
kimball. the manager Of the Maine
Central Magazine, and one of the NOV
ing spirits in preparing the display
made by the State of Maine at the
show. He is the portly, good nature6
man who sat near the entrance to the
cab bin distributing printed matter anC
verbal information of an even more
Interesting nature to men who have
decided to go to Maine to hunt and
fish.
Mr.. Kimball is a mine of nforma
ton about the latter days of the assas-
sin Guiteau. as he was a fellow passen-
ger with him on his trip to Washington
ara met him at the Riggs house again
on the day before the cold blooded
assassination Of President Garfield
Mr. Kinball also happened to be in the
railroad station at the time when thc
L
trial and execution, and his personal
rememhrances of those days ara in
tensely interesting.
AS there is no more entertaining
talier than he in all the State of
Maine. there was constantly a crowd
about him listening to the chunks OF
wisdom and Renaissance which this
youthful looking veteran railroad man
and hunter and fisher had to dispense
His departure from the show will be
very generally regretted by those in
terested in Maine lore. who always
found him ready and willing to answer
all sertS of questions
Colonel himballs many friends will
be glad to know that his talents We're
appreciated in New York and that the
attendants upon the exposition We're
loud in their praises Of Kimball the
hustler
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1896-03-30
SUPREME JUDICIAL COURT.
March Term. 1896. Hon. A. P. WisweIi.
Presiding.

w. s. Choate, Clerk.
e. +. Norton, Sheriff.
c. Q. Barrows. Stenographer
Augusta. March 28.
Luther S. Bent and The Girard Life
Insurance Annuity and Trust Co. as
receivers of the Pennsylvania Steel Co.
VS.. The Watervile Fairfield Railway K
Light Co This is an action to recover
the sum of $6SS.42 for two sets of cross
ing frogs
The plaintiffs say that the crossin.
frogs of the defendant company at the
two crossings of the Maine Central
Railroad on College street. WaterviIle,
had become worn out and the Maine
Central Co. notified defendants Of this
fact. The defendants being unused -
the ordering of such work the Maine
Central put on their chief engineer who
made the proper measurements and or
dered the frogs from the plaintiffs.
The defendants claim that the upper
crossing so-called, was in good condi-
ton and that they authorized only
those furnished for the lower crossing
After the testimony had been taken on.
the case was taken from the jury and
reported to the law court for deterlni-
nation.
This completed the cases for trial by
jury ard both juries were excused
finally
In the afternoon the ease of Zaccheus
erooker VS.. Charles r. Frost. was taken
ap and tried before the presiding judge
y. u. clason appearing for the plain
III ana +. j. {. Little for the defend
ant The suit is for trespass in real
state IN Litchfield, in which the plain
tlf claims title by viii Of his grand
Gather his father having had life estate
IN the farm until his decease a short
the cutting and carrying away of wood
ana lumber during the years "a and
". n" amount Of damage claimed be-
ing $500
The defendant admits that the farm
vas originally owned by the grand
father OF the plaintiff. and that bv his |
VIII the father Of the plaintiff had d |
life estate in the property. that the
father Went To California before the
war and abandoned the place leaving |
Il IN the care Of one Dustin the fathe. |
# the defendants Wife. and the de- |
fendant claims that Dustin acquired |
ute tn the farm by more than 20 year.
pen. notorius adverse possession.
Ihe case was concluded at 6 O'Clock
ma the judge reserved his desisiop
u IS expected that court viii adjourn
inally on Monday
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1896-03-30

As usual. William \. Brady has n
great many theatrical enterprises or
aand his list for next season including
Torbett in A Naval Cadet" Maurice
barrymore in Roaring Dick & Co. -
spectacular drama called Under the
Polar Star, with II real Eskimo dogs
I'VE don't think) the decentralization Of
Edward w. Townsend's novel. "A
Daughter of the TeneInents": the com
'dy drama. When New York Sleeps =
oy Alice e. Ives: Eddie Foy in a new.
tarce-comedy: the new melodrama
Cuba, Ivy James w. Harkins. Jr.: the
'arce, An for a Girl" by Alice f. Ives
sutton Vanes Cotton King" and
Humanity; the fairy spectacle
Snow. Flake" land a new play of Bow
Try life. introducing Charles &. Ward
# Brady's productions were as good in
quality as they are great in quantity
ne would be the king Of all enter
-ainers