davidaulloa/AmericanStories huggingface dataset:
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-03-23
THE SUPREME COURT.

Cases were decided by the Supreme
court yesterday afternoon as follows:
Chard VS.. warren, from Dare; upon
motion to retax costs, the court ruled
tl1at all costs are to be taxed against
the defendant appellant.
State VS.. Barnes, from Nash; aft
firmed.
James VS.. Lumber Co., from Pitt; af-
firmed.
Ice Co. VS.. Railroad Co., from Wake;
new trial.
Worth, treasurer, VS.. Wright, from
Guilford; reversed.
State VS.. Perry, from Beaufort; af-
firIned.
MCGOWAN VS.. MCGOWAN homestead
easel, from Pitt; error.
NIarshburn VS.. Lashley, from Wake;
error
Gooch VS.. Faucet, from Granville; af-
fllned.
Moss VS.. Railroad, from Alamance; re-
versed.
Mitchell VS.. Mitchell, from Guilford;
new trial.
Herring VS.. Dixon, from Greene; en-
ror
Worth e Co. VS. Wharton, from New
Hanover; affirmed.
Fertilizer Co. VS.. Marshburn, from
Duplin; affirmed.
Gorrell VS. Alspaugh. from Forsyth;
petition TO rehear dismissed.
State VS.. Newbury, from Fender; new
trial.
Hicks VS.. Royal, from New Hanover.
dismissed for insufficient printing.
Killam VS.. Brown, from Duplin; af-
firlned.
Hullen VS.. Wilmington; affirmed.
Kerr VS.. Wadley, from Sampson; mo-
tion to docket and dismiss, defendants
appeal allowed.
Cox VS. Dunn, from LenOir; affirmed.
Kerr VS.. Hicks, from Sampson; dis
missed on the ground that the appeal is
premature.
Sewing Machine Co. VS.. Thomas, from
Moore; dismissed for failure to print
record.
Appeals from the Eighth district win
be heard on Tuesday, March 10Th, as
follows:
State VS.. Wolf. aa /
whitley VS. Railroad.
Patterson Wis. Galliher.
Newman VS.. Bost.
Jones VS.. BenbOw.
Appeals from Seventh district were
argued yesterday as follows:
Sorrell VS. StinsOn. argued by Douglass
and Spencer for plaintiff; A. Z. Gilbert
and w. Il. Murchison for defendant.
Horne vs. Commissioners, argued by
Robinson for plaintiff; MacRae and Day.
w. e. Murchison for defendant
johnson VS.. Townsend, argued by Mac
Rae and Day T'rench and Norment by
brief, for plaintiff; Mcneil, Mclean, G.
+. Patterson for defendant.
Carter VS.. Slocomb, argued by Robin
son for plaintiff; J. G. and s. II. Mac
Rae for defendant.
Cooper VS.. Security Company, argued
by II. A. Mcneil for plaintiff; Frank
Mcneil (by brief for defendant Me
Kellar.
Lucas VS.. Railroad, argued by Jones
and Boykin for plaintiff; John d. Shaw,
MacRae and Day for defendant.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-03-23
Domestic Joy.

The charm of domestic joy will be
preserved, if those parents, who fear
the early death of one of their loved
ones, when attacked with q serious
throat or lung trouble, resort at once
to DR.. Bulls Cough Syrup, never-fail-
ING remedy. 81 used DR.. Bulls Cough
Syrup for my son, who was eight years
old. He has been troubled with brOn-
chial cough since he was two and a half
years of age, al L have tried every
thing, but four | DR.. Bulls Cough
Syrup does him che most good" Mrs.
A. Geib, 81 Demott St., West Hobo
ken, NJ. DR.. Bulls Cough Syrup costs
only 25 cents, and is cheaper than the
Dealers big profit making substitute,
because DR.. Bulls Cough Syrup a.|ays
cures while the substitute does not.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-03-23
FIBROID TUMOR
Expelled by Lydia E. Pinkham's
Vegetable Compound.

Mrs. B. A. LOMBARD, Box II, West
dale, Mass, writes: 81 have reason to
think that would not be here now If
1t had not been for Lydia E. Pinkham's
Vegetable Compound. It cured me of
q fibroid tumor in my womb.
doctors could donothing forme, and
they could not cure me at the hospital.
I will tell you about it:
81 had been in my usual health, but
had worked quite hard. When my
monthly period came on, I flowed very
badly. The doctor gave me medicine,
but it did me no good. He said the
flow must be stopped if possible, and
he must find the cause of my trouble.
upon examination, he found there
was fibroid tumor in my womb, and
gave me observation-disclosures any benefit
whatever. About that time a lady
called on me, and recommended Lydia
e. Pipkham's Vegetable Compound;
said she owed her life to it. l said 1
would try it, and did. Soon after the
flow became more natural and regular.
/ still continued taking the Compound
for some time. Then the doctor made an
examination again, and found every,
thing all right. The tumor had passed
away, and that dull ache was gone
It can be truthfully stated tnaS
such aresult can be accomplished ~ no
other remedy upon the market ana
torcibly proves the peculiar Vir'ue "
the Vegetable Compound ---.u.---ss--
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-03-23

and the plaintiff, the Ice Company APP
pealed. Z
A Judgment of non-suit can only "
sustained upon one of two Srounds-tlia'
the plaintiff failed to make q ease
against the defendant, or that pialltln
had shown such contributory negligence
as to discharge the defendant from lia-
bility.
"The case was argued in this (the Stl-
nrome1 court" saws Judge Furches in
the oninion. "amost entirely upon the
ground of contributory negligence on the
part of the plaintiff, but the case Oh
anueal does not show upon what grounds
the Judgment of the court was put. IN
our opinion it cannot be sutalned upon
either ground.
This case is another evidence of the
unwisdom of the act of 1897, establish
ing this practice. About one-half of the
appeals from the Fourth district and a
very great number from other districts
come to us upon appeal from rulings OF
the courts under this statute. large
number of them, if not u majority, go
back for a new trial. Whereas, but for
this statute these cases would have been
tried upon their merits and in all proba-
bility that would have been the end of
them.
The Legislature is composed for the
most part of plain, intelligent farmers
and business men who wish to do right.
But they know nothing of legal pro-
cedure, and we have no idea that any
of them drew this bill. or that they
would have voted for it, if they had
known the vast amount of harm they
we're inflicting upon their constituents.
1t must have been drawn and promoted
by some lawyer orr lawyers, who want
ed to speculate upon the opinion of the
court, if it should be at the expense of
his or their clent-to try cases by tech
nicalities instead of upon their merits
taking two bites at a cherry
1.-THE statute it displaced was the re-
suit of judicial wisdom and experience
for the past century, and should not
have been disturbed without some better
reason for doing so than appears to
have been for the passage of this act"
This decision is just in line with one
rendered last week by Judge Douglas,
Gable VS.. Southern Railway Company,
from Guilford), in which he read judges
given to taking cases out of the hands
of juries severe lecture.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-03-23
THE PENITENTIARY REPORT.
Chairman Dockery Explains Why i
Was Not Adopted.

Chairman Dockery, of the penitentiary
board, who has in charge the prepare ton
of the annual report which was submit
ted to the directors but not adopted at
the last meeting, thinks that an injustice
has ben done him in the published state
ments concerning the matter.
SAT our january meeting" he says. 81
was requested by the board to examine
into the financial affairs of the peniten-
tiary as they were affected by the change
of superintendent. | did this faithful
~ and thoroughly and my report was
full and complete. 1t was read TO the
board and without, examining into If
they deferred consideration of it until a
report. which had to accompany it to
the Governor. was made out by ex-Su-
perinitendent Smith: and he was WAITING
for the completion of my report so ms TO
use some data therein in his renort
These are the facts
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-03-23
MIR. cALpwELL,s GARD.
The Report Was Due in January Last
The People Are Waiting For It.

10 tho Editor: / note with rerrat
that in your account of the meeting of
the board of directors of the peniten-
tiary YOU say: when Chairman Dock
ery presented the annual report it was
found incomplete, incorrect, and alto
gether so wonderfully constructed that
the directors asked him to take it back
and see if he could not improve upon it
by the time they met again"
Inasmuch as l made the motion to
postpone the consideration and approval
of this report till the next meeting of the
board. / deem lit simple justice to Mr..
Dockery to say that the board did not
consider the report owing to the fact
that certain statistics concerning con-
victs did not accompany the report, and
therefore the board did not know any
thing as to whether the report as to the
finances was correct or incorrect. Mr..
Dockerv has done a vast amount of
work in getting up this annual report
and nothing was farther from the inten-
ton of the board than to reflect upon
him in any manner | hope that you
will publish this correction, because
while I was opposed to bhe approval of
the report without opportunity to con-
slider it, | did not discover that lit was
80 wonderfully constructed" as your
reporter suggests, nor did my motion as
entered upon the minutes convey the
idea that it was incorrect. or Ilnsatis-
tory except as to the statistical informa-
ton required by law
MORRISON II. CALDWELL.
Concord n. c., March q, 1898.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-03-23
A POLICEMAN SUSPENDED.
Lambeth Assaulted Man Who Mad,
Grave Charge Against Him.


Policeman Sam Lambeth was yester-
day morning Suspended from the force on
charges preferred against him by Clar-
ence Utley, a young white man. Tine
investigation was held by the mayor
at 10 o'clock. Utley, the prosecuting
witness, was represented by Mr.. ]. c. l..
Harris. Lambeth was without counsel.
Utley said that Lambeth told him
sometime ago if he would catch a drum
u.ambeth) half, he Hambeth) would
say nothing about it. On Saturday
night Lambeth arrested Utley's friend,
Tim Mangum. and Utley begged Lam
beth to turn Mangum loose. On Lam
beth's refusal to do so Utley said he re-
minded him of what had been said
about robbing the drunken man. This
made Lambeth mad. and he cursed
Utley and kicked him several times.
Then Monday morning he asked me
if | was going to say anything about it. :
continued Utley. II told him | was. If
you do he said, 'I'll make it hard for
you hereafter
Tim Mangum and Ben Curtis, a car
rage driver, cOrroborated Utley, so far
as The cursing and assault were concern
ed. They said it was caused by what
Utley said about Lambeth's telling him
to rob a drunken man and divide the
spoils.
When the testimony was concluded,
Lambeth asked to be allowed to make
a statement. He said that one night
about two months ago, while stationed
on Wilmington street, he saw two men,
Ed Abrams and Clarence Utley, follow
ing "a drunken man. Later he found
Abrams with his hand in the fellows
pocket. On questioning Abrams and
Utley. he learned that Abrams was try
ing to rob the fellow. He asked Utley
what part of the proceeds he was to
get. and he denied that he was to get
any.
Saturday night. between II and /
o'clock / arrested Tim Mangm on West
Davie street. Utley asked me TO release
Mangum, and on my refusal to do so, he
accused me of telling him to rob the
drunken man and divide. 1t naturally
made me mad and | cursed and kicked
him. I've never before used my club
or cursed man since I've been on the
force"
The mayor said Mr.. Lambeth had
made good officer with splendid rec
ord. but under the evidence he was
compelled to suspend him from the force
until the board of aldermen could pass
upon his case.
1.-THE provocation," ne said, was in
deed great but your duty IN to prevent
lawleSsness and breach Of the peace.
Instead of that, you have provoked one.
You should simply have arrested the
man. Therein lies your remedy. /
know an officer is often sorely tried, but
the idea of allowing a policeman to go
about assaulting people canot be toler-
ated. You are suspended until the
board of aldermen sees proper to rein
state you"
The board meets Friday night week
and until then nobody will be appointed
to fill the vacancy.
Indeed it is said that during the sum
mer months the services of one or more
policemen can easily be dispensed with,
and for this reason there is some doubt
about Lambeth's immediate re-instate-
ment or the selection of successor in
case he is not re-inStated.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-03-23
PERILS OF AFFECTION.
Few People Realize How Exhausting the Ten
der Sentiment Is-.A Physicians Good Ad-

der Sentiment Is-'A Physicians Good Ad-
vice.
"T'here is no way by which people ex-
lhaust themselves, or kill themselves, So
quickly as by exercising the affections.
This striking remark was made 10y one
of the best physicians in America. he
was man who had studied deeply, OBJ
served keenly, and knew men and wo-
men thoroughly. Continuing, he said:
sentiment is a grand, lovely thing,
and the world cannot live without it.
but the exercise of the sentiments inva-
riably exhausts. People may not feel
it, but lit is true nevertheless. A man
or woman wears out, breaks down,
and then wonders at the cause. There
should he no occasion for wonder. |
have explained the cause"
IF the men and women Of the nine
teenth century do not feed the forces
that produce sentiments, affections, feel
ings. they are certain to break down. to
become exhausted, and to die before
their time. Do not tell me these things
are theories, for they are solemn facts
You ask me what / would do he
continued. 81 answer: Begin to feed
these forces; feed them constantly; feed
them with the best and most scientific
discovery You can secure. If you ask
me what is the best, | unhpsitatinglv
say it is that grand preparation which
has been so long before the people and is
so popular, Warmers Safe Cure. | know
that it possesses powers known to no
other discovery, and I know that tho7ie-
ands of men and women cannot live
without it to-day. If You will stop and
think. or ask your friends, You will see
that what / say is correct. and l believe
be led to try it at once if you have not
already done 500
The facts stated by the doctor and the
advice he gives are sound. 1t is abso-
lutely true that many men and women
are enabled to live and enjoy life entirely
through the power which this great rem
edy gives them, and there are thousands
of others who need to follow in the same
path.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-03-23

We are anxious to do little good in
this world and can think of no pleasanter
or better way to do it than by recon-.
menciing One Minute Cough Cure as n
preventive of pneumonia, consumption
and other serious lung troubles that fol-
low neglected colds. Heartt &c Heart.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-03-23
STATE NEWS.

As a result of a revival conducted in
Washington by Evangelist Weston II.
Gales, the Messenger says there were
seventy-five conversions.
The Washington Messenger says that
DR. A. B. Chaplin, a Republican of Au-
rOra, will publish Il newspaper shortly
and make it hot for Col. Harry Skin
ner The campaign will be hot and
spicy.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-03-23
A NEW TRIAL GRANTED.

The Plate Ice Company Damage Suit to
Be Tried Here Again.
The Supreme court yesterday granted
q new trial i'll the case of the Hygienic
Plate Ice Manufacturing Company, of
this city, against the Raleigh and Au-
gusta Air Line Railroad Company.
The plaintiff in this case was the
owner of an ice plant near the Union
depot. 1t was destroyed by fire on Au-
gust Goth, 1893, by negligence, it is al
legged of the Raleigh and Augusta Air
Line Railroad Company. For this the
ice company sued for damages, placing
the loss at $4,000.
When the case came to trial in the
Superior court here, the defendant intro
dueed no evidence, but moved to nom
suit the plaintiff under chapter 100, acts
of 1897. The court sustained the motion
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-03-23
AT COST

Assignment Stock of I'D. Carroll. at
10 Wilmington street, for sale at cost
for the next few days Consisting in
Coffee, Tea, Tobacco, Snuff, Ginger
Snaps, Crackers, Cakes, Pure Apple
Cider Vinegar, by the gallon at - cents,
by the barrel at 20 cents Cuba Mo
lasses at 20 cents by the gallon and 10
cents per gallon barrel lots. Kerosene
Oil l. cents, by the barrel lots Sai cents.
Pure Whiskey for medicinal purposes
at $3.50 to $500 per gallon, former price
$500 to $500 per gallon. Call early and
secure bargains. ID. /. FORT,
Trustee,
March 18th. 1898, 3-1S-1 w
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-03-23

What pleasure is there in life with
headache, constipation and biliousness?
Thousands experience them who could
become perfectly healthy by using De-
Wits Little Early Risers. the famous
little pills. Heartt & Heartt.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-03-23
BOARD OF EQUALIZATION.

The work of the Equalization Board
does not begin until next June. 1t is
done by the Railroad Commission. Last
year it put on the tax books about a
million and quarter dollars of proper
ty that would otherwise have escaped
taxation.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-03-23
"a SPRING FANCIY. ~

Spring, hath the voices of her hills and
rills
(And millinery bills)
Spring, with her daisies and her daffo-
dis
The world with glory fills.
But brings me not, while my rackcd
being thriTs-
A remedy for chills!
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-03-23
MANY MORMON Ell!

MANY MORMON ELDERS HERE.
A number of Mormon elders are now
in this county, diligently working to
spread their faith. There were three
of them at the depot yesterday at one
time. SO far they have met with very
little encouragement. They are working
principally among factory operatives.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-03-23
RAPIST BROUGHT TO THE PEN

Two convicts-both negroes-were
brought to the penitentiary yesterday
afternoon from Camden county. One of
them comes for one year for larceny.
The other is sent to the department for
the criminal insane. He is charged with
assault upon white woman with intent
to commit rape.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-03-23

Children and adults tortured by burns,
scalds, injuries, eczema or skin diseases
may secure instant relief by 1sling De-
watts Witch Hazel Salve 1t is the
great Pile remedy. HEART & Heartt.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-03-23
DIED.

Entered into rest in Tallahassee.
Florida, Miss Julia Shepard Pettis,
daughter of the late Col. John Swami
Shepard.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-03-23

There are three little things which do
more work than any other three little
things created-they are the ant, the bee
and DeWitt's Little Early Risers, the
last being the famous little pills for
stomach and liver troubles. Heartt &
Heartt,
The Florence tribune., 1898-10-22
BOARD OF SUPERVISORS.
tOdicial Proceedings.l
OFFICE BOARD OF SUPERVISORS.

OFFICE BOARD OF SUPERVISORS.
 FLORENCE, Ariz., Oct. 3, lS99i The board met in regular quarterly session pursuant to adjournment.
 Present-John Miller, chairman; J.. II. Brown and C. F. Cook, members, and F. A. Chamberlin, clerk.
 Proceedings of meeting held Sept. 22nd, read and approved. stoficial bond of F. Weber, previously appointed constable at Mammoth. was approved by the chairman and ordered on file.
 Election proclamation by the gover- nor read and upon motion sad pro- elamation ordered published in I'm FLORENCE TRIBUNE as required by law, 6 times.)
 Upon motion polling place at Oracle was ordered changed from Bayless' house to place near the post office to be furnished by E. s. Dodge.
 Reports County of Physician 3rd quar- ter 1898 and road oyerseer District No. l, Srd quarter 1898, read and ordered on file.
 Report of school warrants drawn during quarter ending September 30th, 1888. examined and ordered on file.
 Report of road viewers, D. ". Gilson and II. N. Lewis, appointed to esti- mate damages to private property caused by the opening of public road as prayed for in petition filed in this office Get. 9th, 1897, was examined and upon motion said road was declared a public highway as follows: Commenc- ing at the northeast corner of section 23, township south, range 8 east, thence running south along section line to southeast corner of section 26, thence west along section line to south west corner of section ?, and east to southeast corner of section 25, in said township. Damages to property be- longing to L. F. Graham, estimated at s1l5. The roae overseer of District No. will be required to open said road sixty days after the date of this order
 Board aeiourned to meet tomorrow
 JOHN MILLER, F. A. CHAMBERLAIN, Chairman
 Clerk.
The Florence tribune., 1898-10-22
SCIENCE AND INDUSTRY.

The elephant has no fewer than 40,. coo muscles in his trunk alone, while 8 man has only 577 in his entire body.
 Air in its pure state is composed thus: Nitrogen, r per cent; oxygen, 21 per cent; other compounds, two per cent.
 It is a noteworthy fact that sheep thrive best in a pasture infested with moles. This is because of the better drainage of the land,
 A London specialist says the most expensive drug in physostigmine, an ounce of which would cost nearly S1,- o00,G0O. It is prepared from the Gala bar bean, and is used in diseases of the eye.
 Glass bricks are gradually coming into use, and it is said that glass will soon be used for making statues for public squares as it resists the corrod- ing effect of the weather much better than marble or granite.
 The ao-called elirer' or pyloric cleea of the common starish, has been found by Miss Ellen Stone 10 be closely re
The Florence tribune., 1898-10-22

lated in funetion'to the pancreas of the vertebrates. The work was done in the laboratory of Brown university un- der the direction of Mr. R. " Tower.
 fine largest stock yards ia the world are in Chicago. The combined plants represent an investment of over sIo,- co9,o9o. The yards contain 20 miles of streets, 20 miles of water troughs, 50 miles of feeding trougas and 75 miles of water and drainage troaghs. The yards are capable of receiving and ae- commodating daily 10000 cattle, D. coo sheep and 129,0oo hogs.
 Drops Of Air.-It is not an uncom- mon sight in a laboratory where ex- periments with liqaefsd air are being conducted 10 see drops of air falling on lecture table and running about exactly like drops of water oa q nct stoFe h fact, iha table may te called as rcd hot7 in comparison with the temperature Of the hqueiied oxygen and nitrogen, Of which ths drops con sist