davidaulloa/AmericanStories huggingface dataset:
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1898-09-20
Slander of White Women by Negro Editor.

ementw will pass unehallenged z Ia is h class referred to n h folIow.
Ing article, copied from II Daily Record ofAusust 18th. published IN Whining.
\. Gel by esroes n tn organ OF tn Repubhean-Popul-tF Fusion political
row hi is the way you new friends gard yourself and antilles.
Ever White Ian in tn State. having n regard for n purity # his.
sisters md daughters, nus take this matter ntoe stderau m
determine tn encaorwa h Will cta as a White N a should
"Poor white men are careless n he matter of protecting. their uou.
SPECIALA o FIJI FARMS. They are careless of their d owa
them, n EXPERIENCE AMONG POOR WHITE PEOPLE IN Thu
COUNTRY TEACHES Us THAT WOMEN HI RACE ARE NOT uou.
PARTICULAR IN THE NATTER OF CLANDEsTINE MEETINGS WITH col
ORED Z han ire IN white man with eOlored women. MEETINGS n =
THIs kIND G. On FOR SOME TINE UNTIL THE WOMAN.s INFATU To
orth eman's hiring to them,a n In mar is Iyncbed for r.pe
Every nesr Olynched is called a big. hurley, black brute.w in tae, ma,
of h who bav thu been dealt with had Whit men for heir .,hnx an.
weren OcOnIy nt 'blaek' II "burIey' but were 81 EFFICIENTLY rru r.
o WHITE GIRLS o # CULTURE AND REFINEMENT To All IN
h is. thu opinion oft h editors of a Negro aper. n endorsed h H..
IL M votes of unbe of prOninen WhIteM Men il Wilmington
therea another place i'm North CaroHna wherea publication IF this ehar.e-
WOuId be allowed to pass nnOuc M the author % without nu,t.hm..,
u N yniends IRE invited to visit our III to see TIL original con or 81.
sheet
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1898-09-20
Spaniards Violate the Armfstice

Santiago, September 15.-General
Lawton this afternoon received infor-
nation from a Cuban courier from
Manzanfllo that, four days ago the
Spaniards there violated the armistice
by attempting to take possession of the
Cuban vessel Fernando, that was
bringing supplies for the Cuban army.
On board was a guard of twelve men.
They were fired upon by Spaniards in
the fort near the bay, one Cuban being
killed. Immediately information re-
garding the situation was given to
General Rios. in charge of the Cuban
forces surrounding the town and he
threatened an attack if the BOAT was
not allowed to and her cargo. There
was no further trouble. but the Gu
pans dispatched a courier to General
Lawton with a request that an armed
force be sent to M~anzanil1o. This re-
quest will not be complied with, as
ManZanillO is outside the territory en-
braced by the terms of capitulation-
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1898-09-20
THE sEMIWEEKLY MESSENGER: TUESDAY, SEPTEMBER 20, 1898.
sistible, more eloquent and more con-

sistible, more eloquent and more con-
vincing."
When we read hearty democratic
concessions, SO deserved doubtless, of
Thompson's ability as a "stumper," we
have profound regret that he has left
the democracy to wander in the will
derness in search of theoretic relief
and to favor political dogmas that are
as baseless as a sunbeam and as de-
ceptive as an alluring mirage of the
desert. Let him stop and retrace his
steps. He ought to serve North Car
DINA, and not employ his admirable
parts in helping to degrade the white
people of North Carolina and to keep
in power the blacks who are as unfit
to govern an enlightened white race as
babies in black are to build monu-
ments.
We make DON for the closing part
of Mr.. Arendell's enjoyable report:
"Aycock arose to make his rejoinder.
He was flushed, not mad, but indig-
nant. In his hand he held the %certif-
cate of deposit, signed by Cy Thomp-
son himself showing that he, Thomp-
son, knew that Captain Cooke had paid
to the private secretary of the govern
or, the seal fees, about which he has
said so much. With this he crushed
the wiry doctor. He held it to him
and asked him if he signed it. Yes"
replied the doctor. Don't you see
that item" he asked, pointing to the
item of $4,000.
You knew this, and yet you get up
here and make a statement so adroit as
not to positively charge it, but you
leave the impression that this Chris
all these fees"
The applause here was deafening.
So great was it that Mr.. Aycock could
not proceed. The court house fairly
rang with volume after volume of
cheers.
The speaker had to beg his friends
to desist, as it was taking up his time.
And this administration is sober
you say For Gods sake, and for the
sake of decency keep sober. Let us
feel that you have one virtue left.
Judas Iscariot was a sober man.
Benedict Arnold was a sober man. Stay
sober, we beg you to stay sober" Gun
comfortable applause again.
l have here what you call CDR.
Thompson's great speech at Clinton"
Baron Munchausen wrote a book
he called it a great book, and in one
sense it was a great book. 1t was a
book of the greatest lies ever printed
Here the applause broke out again."
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1898-09-20

Some great changes await this coun-
try both in national policy and in cleo
tions. Many a surprise is ahead n
the unexpected as is usual will happen.
Maine - an election on Monday,
for me- ers of the federal house, for
governor, attorney general, secretary
of state and legislature. We have not
seen full returns but the republicans
lost Is per cent clear. OF course it is
republican by a stout majority-more
than 25, 000-but losses show dissatis-
faction. Democrats could not hope to
win but the clear loss of the enemy is
cheering. The excus is lit vas Off
year" Republican losses occurred not
long since in Vermont. Hurrah!
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1898-09-20
Spanish Soldiers Kindly Feeling To-
ward Americans.

Madrid, September 1.-THE queen
regent pays daily visits to the sick SOL
diers who have returned from the col
onies. She has ordered that the con-
valescents be conveyed IN the royal
carriages to the Casa del Campo, in the
royal park, and is paying from her own
purse for proper food for the invalids.
The correspondent here Of the AS
sociated Press has c~o1versed with off
GERS, invalids and others. who have re-
turned from Santiago. They all extol
the kindness of the Americans after
the surrender. They do not display
the slightest animosity against the
Americans. but entertain bitter feel
ings against the Cubans.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1898-09-20
MATING, CARPETS.

oil Cloth, Carpet Paper. Rugs. Por-
tiers, Shades. Screenes and Poles. We
have quite a nice line OF these goods
and car save you money on all house
hold articles. Good Mating from l2Hc
10 25c. Floor Oil Cloth from 20c TO
35c-all widths, from IS inche to -
inches. Good Hemp Carpet. l yard
wide, nice ~colors, for l2l2c. Good In
grain Carpet, l yard wide, from zoe TO
25c. Half Wool, 2-ply. beautiful new
patterns. at SO 1-3c per yard. Fin
VOL Carpet, all new styles, from soc
10 65c. Fine Rag Carpet, we'll made,
for 1Sc. Fifty pieces fine Brussels
Carpet, nice new patterns, at soc per
yard. Lovely Brussels Star Carpet and
Hall Carpet TO match. worth 65c, for
soc. Nice Stair Carpet at csc. Best
Carpet Paper, padded, air tight, at 4c.
Rugs, with fringe, from 29c TO $500
each. Brusselrs Remnants at 75c each.
Fine all wool, in fringe at loo per yard.
Window Shades, 3x6 feet, with spring
rollers, at 10c. Opaque Linen at Csc;
fine Lace Border Shades at Soc.
We have a splendid line Of fine
Trunks at bottom prices, from CSC to
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1898-09-20

$3.50. In packing Trunks Tent Cow
cred Tray and Bonnet BOX. from Sl.Oo
to sl2o0. Very fine Canvass Trunks.
we'll made. from s2.+0 10 $500. All kinds
OF Club Bags. Hand Satchels. Telc-
scopes, from sc UP 10 S2.9S.
We have left a few Mosquito Cano-
pies, ready for on. to close Al SIS
each.
a very fine line OF Rocking Chairs
TO sell and give way. n the newest
line Of Dress Goods ever shown on the
market OF this city.
We sell Mems and Boys Clothing.
We have our new Fall and Winter
stock now on hand and will sell you a
fine suit Of clothes from $l.9S 10 81 o..
We nave a beautiful line OF Clay
Worsted Suits from $500 TO $l2.50.
Bring your card and get IL punched
with every cash purchase and get n
OF our valuable presents free. \ fine
Chair, a nice Table. a good Book Case.
a beautiful writing desk. a lovely Hall
Hat Rack. a good Sewing Machine, or
any valuable presents.
Come to the largest and best store
in the city at Wilmington's Big Racket
Store, opposite the orion Hotel.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1898-09-20
Another republican repudiates tn,
amalgamatiOn party.

Another republican repudiates the
amalgamation party.
{ G%OldsbOro Argus, 14th.)
Yesterday the Argus published a let
ter from Ex-Governor C. H. Brogden
announcing his allegiance to the demo-
cratic party for white metal and white
supremacy, and repudiating the re-
publican party, its leaders and its
measures.
And now comes Mr.. Giles KOrnegay.
of Dudley, known throughout the coun-
ty as a man of stole honor and the
courage of his convictions. He has
been up to recently a lifetime repub-
lican-nOt an office hunter nor an office
holder, but an transformations, honest.
Industrious man, voting the republican
ticket from conviction, and holding
the respect of all who knew him. He
has carefully and cautiously and intel
ligently watched and measured the
trend of politics Of parties, and on
the financial question be became con-
WINGED that free silver was the right
thing-he saw that his old party, the
republican party, was controlled and
directed by the money powers and
IopoI oAu uC UCSoLlC q VIC III VI
vocate of Bryan and free silver; but
his leaning a more to %populism than
to democracy.
Seeing that Bryan was counted
out" by the tools of the money power,
and his defeat made possible by the
fusion of populists with republicans,
with no principle in common save the
base greed for office, the former pro-
Tossing to be for free silver and re-
form, the latter being for the gold
standard and trusts, Mr.. Kornegay
now N out and says, and author
ICES us to publish these his exact
words:
Il shall not vote for a populist,
neither will | vote for a republican:
and I shall vote on election day, if the
Lord lets me live to get to the polls"
Those who know Mr.. KOrnegay, who
are acquainted with his characteristic
manner Of expressing himself, will
readily recognize the above language
as exactly his style.
1t does not require a prophet to in
terpret his words, however, as to what
ticket he will vote when he comes to
the polls.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1898-09-20

falrs incident to negro domination in
eastern North Carolina. repudiate that
party and ally themselves with the
democratic party in this supreme eff
fort to avert a threatening and SUI
preme danger to all classes and inter
ests, is it not time for good citizens in
other sections to reflect, and go with
them? There is surely more involved
in this pending conflict to arouse the
white people of the state than mere
partisan advantage, or pie hunting
privileges. We call attention to gov
ernor Brogden's letter il another col
umn. The venerable statesman ap-
peals earnestly and feelingly to his fell
low citizens to stand by white suprem-
and good government in Old North
Carolina.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1898-09-20

The Raleigh Post, commenting on
the above letter, says:
When lifelong republicans like ex-
governor and ex-Congressman Curtis
H. Brogden, of Wayne. and DR.. L. W.
Perkins. of Cartaret, living and daily
witnesses of the debauch of public at
The herald., 1898-01-21
WILL STAND TRIAL
Bryant, the Real Estate Man, Not Yet
Out of the Woods

The supreme court has reversed the
decision of the trial court In the case of
the People VS.. f. I. Bryant, in which a
demurrer to the complaint was sustain
ed.
This is the decision that has been
awaited with such interest, for the rea-
son that a rumor had reached the city
that Judge Smith, in sustaining the de-
murrer, had been upheld.
The basis of the indictment found
against Bryant, who is a real estate man
in this city, was a sale of wild cat"
land. He offered to sell and assign to
Mrs. H E. Hoxie promissory note for
$500, made to him by Mrs. Emma A.
Lewis, with mortgage securing its
payment upon lots and 2, block Al, of
the Rancho Providencia and Scott
tract. The land was represented to be
good tillable land, and when shown to
Mrs. Hoxie was, in fact, good and valu
able land and sufficient for security Of
the note. AS matter Of fact, however,
the good land pointed out to Mrs. Hoxie
was not the property mentioned in the
mortgage, and, having no knowledge of
the locations, she paid to Bryant the $500.
When the fraud was discovered, the
grand jury returned an indictment
against Bryant, and his attorney filed a
demurrer. 1t was contended on his be-
half that an offense within the meaning
of Section 532 of the Penal Code is not
committed unless it appears that the
person to whom the representations
were made has been deprived Of his
property by reason of the fraud COM
nitted against him. that as the fraudu-
lent representations charged in the in
dictment related solely to the property,
and as the mortgage was only security
for the payment of the note, and as it
was not charged that the maker of the
note was unable to pay the same, or
that it was not paid, the indictment
failed to show that Mrs. Hoxie had been
defrauded of any of her property.
This construction of the statute the
supreme court repudiates, and hold that
if a person is induced to part with his
property by reason of fraudulent pre-
lenses and Misrepresentation, he is
thereby defrauded of the property so
parted with, even though he may event
ually make himself whole in some mode
not then contemplated. 1t is not neces-
sary to show that the property has been
absolutely lost to him in order to sustain
the charge.
1t will be remembered that Mrs Hoxie.
at a later date, recovered Judgment
against Bryant for the amount of the
note in a civil action, and it was then
shown that Mrs. Emma Lewis had re-
fused to take up'the note, and had alto
gether repudiated it,
The herald., 1898-01-21
DoLE'S HOPE GONE
The Trial Court Is Criticised but Its
Judgment Affirmed

E. J. Dole, who was convicted and
sentenced to O term of seven years at
San Quentin for raising a check from
$3.50 to $3.50, will have to serve his term
for the supreme court has affirmed the
judgment of the lower court.
At the time of his trial it was claimed
that Dole was related to the highly re-
garded family of the same name at Riv-
erside and was of the same kin as the
president of the mongrel oligarchy in the
Pacific ocean.
Upon the facts presented the supreme
court finds the objections raised by
the defendent to the admission OF GER
tain testimony not to be well taken.
Serious objection, however, is taken to
some of the instructions as to the law
of the case. The first of these was to
the effect that if the jury believed from
the evidence beyond a reasonable doubt
that the defendant committed the Of
fense charged. or aided, abetted or as
sisted any other person or persons to
commit the same, then you should find
the defendant guilty" The supreme
court holds this was wrong for the rea-
son that under the evidence Dole was
either a principal or not guilty. Also
that the distinctive conjunction "or"
should not have been used between the
verbs "aid," "abet" and assist" They
should have been Joined by the con-
junction "and." BY technical legal
construction a person may assist or aid
in the commission of a crime and still
be possessed with no criminal intent.
and. therefore, in no sense accessory to
the crime.
THE court also instructed the jury"
says the supreme court, las follows:
When weaker evidence is produced,
when in the power of the party to pro-
duce higher, it is presumed that the
higher evidence would be adverse if it
had been produced This instruction
embodies a very poor attempt to ex-
press the principle of law of presump-
tions declared in the code of civil pro-
cedure."
Various other instructions are Sc
verely criticised by the supreme court.
and particularly when the trial count at
tempted to make a distinction between
the evidence necessary to convict in
cases of circumstantial evidence, as
compared to cases of positive and direct
evidence, which distinction is not salts
factory to the supreme court. THE
better practice" says the court" would
be to refrain entirely from declaring any
such distinction in instructing the jury
in criminal cases"
These Objectionable instructions, how
ever, are held not to have injured the
defendants interests and on the grounds
relied upon for a reversal of the judg
ment and new trial it Is held that they
are insufficient to affect the result.
The herald., 1898-01-21
MUST PAY UP
Mrs. Westerfeld Wins Her Appeal in
the Supreme Court

The Evening Record will have to pay
$1,000 as damages to Mrs. Mamie T.
Westerfield and look pleasant, for the
supreme court has so decreed. The lady
in question brought action against the
Record to recover $40, 900 as damages for
a libelous article printed and published
on october 4, 1895, in which it was
charged that Norman Simmons. aged II.
the only support of his mother, had been
seduced from his home by woman
named Brant, for whom he had been
working. The answer made admitted
publication, but pleaded justification and
an absence of malice. Upon the issue
of actual malice thus made plaintiff, at
the trial, offered in evidence the article
published on the day plaintiffs action
was commenced October IS, 1850. 1t
was headed, "After the Stuff and was
warm article.
Upon coming to trial the jury found
for the plaintiff, Mrs. Westerfield (wld-
ow of F. BranD, in the sum of $1,000.
Judge York, however in whose depart
ment the case was tried, set the verdict
aside and granted a new trial upon the
ground of error of law occurring at
the trial, consisting in the admission by
the court, as evidence, of the publication
of an article headed, After the Stuff,
etc" An appeal was taken from the or
der, the contention being that the article
was properly admitted. This is what the
supreme court says about it:
Respondents contend that the admis-
sion of the article was erroneous, be-
cause it was not repetition or reasser-
tion OF the libel complained of, but no
more than a fair statement of the privi-
legged fact that the action had been COM
menced, giving the substance of the
complaint. We are unable to coincide
with this construction of the purport and
effect of the publication. 1t is true it
was not repetition verbatim ct liter
atm OF the terms of the original article,
put II Is clearly to our minds in substan-
ual effect reiteration of the substance
OF that article. While it does not repeat
The herald., 1898-01-21
New Suits Filed

Georgia H. Bell, FRANCHISE Leonis ct
al. vs. Michel Leonis ct ala suit in
partition to have the property of the
Leonis estate divided in accordance
with the awards set forth on the decree
entered.
Union Mutual Building and Loan as
sociation vs.. George w. Rice ct ala
suit to recover $110s9O on a note, $110.14
attorneys fees, and order of sale against
lot II, block 1 of the Williamson tract.
w. r. Mitchell VS.. r. Dassonville ct
ALA suit to recover 345 for street as
sessment.
Peter Adler VS.. Agnes Thompson.-A
suit to quiet title to property at Tenth
and Charity streets.
Los Angeles Savings bank VS.. city of
Los Angeles.-A suit to quiet title to part
of lot 8, block 81, Ord's survey, being on
CASTELAR, street.
S. w. Strong VS.. City of Los Angeles.
"A suit to quiet title to lot 13 of the
Kerckhoff tract.
Estate of Melanie lie Francos.-Peti-
tion Of P. E. Starkey for probate of
will.
The herald., 1898-01-21
THE LEONIS CASE
Beginning of the End and the Decree
Signed

The decree in the estate of Leonis has
been signed by Judge Clark. and was
yesterday placed on file. This fact will
doubtless carry joy to the heart of the
innumerable litigants in this celebrated
case. Not that the estate of Jean and
Miguel Leonis will be relieved from all
litigation by the signing of the decree,
apportioning to the several heirs their
share of the estate. There are num-
Der of suits over collateral issues, which
have arisen out of the estate proper, and
these will, or at least may, go on like the
ripping stream of poetical fame that
goes on forever"
It was in 1888 that Jean Leonis died,
the brother Miguel dying also the fol-
lowing year. Since then the estate has
been in the courts, and attorneys by the
dozen, representing contending heirs,
have reaped a rich monetary harvest.
AS illustrating the amount paid out of
| the estate for big chunks of law supplied
to the executor it may be said that
Horace Bell got about $4,000; Henry T.
Gage and j. Roberts, $4,000; Denis &
Bicknel, $4,000. These amounts are
approximate only. Then for represent
ing various heirs Senator Stephen NJ
White will receive property valued at
about 100000; Horace Bell. about s10,-
900; T. Brosseau, about $4,000; Horace
Appel, about $4,000, and others. In the
aggregate the lawyers will have some
pretty pickings.
No sooner had the decree been signed
yesterday than a suit was filed by Major
Horace Bell, Max Lowenthal and Horace
Appel, representing heirs claiming two
thirds of the estate. The suit is to have
the estate parttioned, and have a re-
ceiver appointed to collect the rentals
Under the decree w. J. Variel is ap-
pointed to collect rents, and apportion
the moneys between the heirs, but the
partition suit affects the properties
apart from those in which the trustee
has interest. These properties are
The Elizabeth Lake property consisting
of 5000 acres Of splendid wheat and
grazing land, and the Escorpion rancho.
| adjoining the San Fernando ranch
comprising 1000 acres. In all, the estate
| is valued at $3.50 900, and the partition
suit is merely to enable each heir to
come into possession of his portion.
The herald., 1898-01-21

the words. 1t refers specifically to the
first article by date Of publication, with
statement of its subject matter in
terms which are. in themselves. clearly
libelous, and with the added vice of q
very clear implication of the truth of
such original statements. Such repeti-
tions are always admissible in actions
for libel and slander, upon the question
of actual malice, and they are not re-
quired to conform to any exact stand
ard of similitude in terms with the orig
inal words, so long as they are of similar
import. If the language relates to the
same subject matter and is OF a char
acter from which a malicious purpose
may be inferred, it is admissible
The supreme court in the decision rem
dered concludes a review of the case by
holding that the trial court was in error
in granting a new trial, and its order
must be reversed.
The herald., 1898-01-21
Habeas Corpus Application

A ruling was made yesterday morning
in the habeas corpus application Of Au-
gustus E. Peck before Judge Wellborn
Of the federal district court.
Peck was convicted on an indictment
of the federal grand jury of having
taken letters from the postoffice in which
he was employed. There We're several
counts in the indictment and he was
given a cumulative sentence, with 80
much time on each count.
Peck's attorney. when his client had
served the time of the first offense, filed
his petition for the discharge of the pris-
oner on the ground that a cumulative
sentence was illegal.
The matter was fully discussed before
the court, the judge holding that the
court has power to impose sentence
for several offenses, one to follow
after the other, and the prisoner
was taken back to the county jail
He received a misdemeanor sentence,
and has but a few months to serve his
sentence not calling for time in the peni-
tentiary.
District court adjourned yesterday un-
til next Tuesday.