davidaulloa/AmericanStories huggingface dataset:
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1899-02-03
Nonresident Notice.
CIRCUIT COURT CLERKS OFFtCE.l
Coiu mbia. Tenn, Jan. l3. Is24

NIEIIIT NWI III NIENk = VI FIIE,T
Colu mbia. Tenn, Jan. Is. 1879.
Mrs. Mary Virgins vs.. p. ID. Virgins.
In this cause II appearing to me that the
defendant Is "a nonresident of the state of
law cannot be served on him, 10 Is therefore
ordered that publication be made in the
COLUMBIA HERALD for four consecutive
weeks, requiring the defendant to appear
within the first three days OF the next term
OF the Circuit Court. to be holden for the
County OF MauTy at the Court house there
OF. on the second Monday In February,
lsqa then and there to Plead. answer or de-
mur TO cOmplainaut's bill, or the same will
be taken for confessed as to him, and set
for hearing eX parte.
". +. EMERY. Clerk.
W. q. Gordon, Sol'r for Petitioner.
janis %
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1899-02-03

CORPORAL LIPsCOMB's letter from
Havana, to be found elsewhere in
this paper, is the most interesting
letter we have yet seen published in
any paper. We hope he will write
often to the HERALO.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1899-02-03

SMALLPOX is raging in so many
places in Arkansas that a meeting Of
the State Board of Health has been
called to consider the situation.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1899-02-03
Comfortable and Cheap.

Do you want to go anywhere? To
the depot, to the Cemetery, a shop
ping or a visiting. If you do call
Citizens Telephone No. 81, aud l
will send a carriage for you; nice.
clean carriage, with gentle team
and safe driver. To any part OF the
city for % cents. | hope my friends
will not forget to patrOnize me.
Yours to please,
q JAMES ROBERTS.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1899-02-03

The Senate Committee on Naval
Affairs has decided to report favor
ably the jointresolution reviving the
rank of Admiral in the interest of
Rear Admiral Dewey. The resolu-
ton was so amended as to extend the
time of his retirement ten years.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1899-02-03
McKe33o3, H3dQrso3 ! Foster.
When You Buq Goods Under Regular Price,

you should either know the goods or the dealer. If
you know the dealer that is enough.
We've just finished taking census of stock on hand,
and we want you to take several lots of straggers
that found. For instance, in the
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1899-02-03

Now is the time to pay your state
and county taxes. They draw in
terest from the first of FEBRUARY, and
after the first of March costs will ac-
cruo
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1899-02-03

The life preserver which has car
ried many ladies safely over the
dangerous sea "change of lifen Is
Simmons Squaw Vine Wine or
Tablets. II
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1899-02-03
BREECHES.

Come in and take a look at the
line. You are under no obligation
to buy.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1899-02-03
For Sale.

Two loads of mules, 10 to Is hands
high. See ESTES q BURG Ess at Co
Iumbia, next Monday. 1t
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1899-02-03

Entered at the post office at Columbia, Ten
nessee as second class mail matter.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1899-02-03

In the County ........... ...............H.OO
Out of the County .................... 1876
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1899-02-03
COLUMBIA HERALD.
sUBGrRIPTIoN RATES:

Publl'ntd by the Herald Publishing Co.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-08
p SEA MYSTERY SOLVED.

FATE OF WEI<Tl-K NOWN$ SCHOON-
EKS REVEALED BY ACCIDENT. +
1t may be remembered that during
the great BLIZZARD OF last winter many
good ship lost her rating and many
an able seaman his mess number. The
sea Is fuN of unwrltscn his cries, and
each year missing is written along
SIDE the names OF ships and crews OF
winch nothing again is ever heard.
occasionally the sea gives up its
secret, and wives and loved ones are
soothed with certs inty from the awful
horror OF the unknown. Such a case
mas JUST come TO light on The Massa-
cnusectS coast. where two schooners,
poth Well known here and the captains
oil each counting many friends lin this
Port-which Vessels disappeared com
oletely at the time Of the blizzard,
nave been located and in the stranEes;
manner.
The story comes through the local
paper OF Warren. Rhode Island, a
city near Providence. which states
that deeply laden steamer, running
along the southern coast OF Masss-
chusetts, struck Il sunken obstruction
at point where no such obstruction
should exist. according to the charts.
ne reported the matter and wreck
ing party started out 70 investigate.
They found the Mace and sent down
divers, who reported finding two yes
sells fast locked together. with spars.
standing and evidence OF both having
been sunk in collision. They did not
fined the names. however but n Gov
eminent expedition, sent out later.
did find them. and they proved to be
the James L. Pace and II. II. Hans
coma The master of the Pace was
Captain Garfield and of the Hanscom.
Captain Holmes. From all the evil
dence gathered these ill-fated schoon-
ers had collided in the awful storm
and gone down with all standing and
every soul on board was lost. On
both schooncrs men We're dashed
In the rigging or OH deck along the
rail, and the shock and sinking must
have followed the one the other so
suddenly as to leave no time for loos-
ing the lashings.
Thus another mystery of the sea is
cleared up. and two more vessels and
their crews are accounted for. The
James b. Pace was n collier, and tho
Howard H. Hanscom carried coal or
lumber. rs wps best paying
The Howard II. Iianscom was n
three-masted schooner, of 10 tons.
ia feet by 81 feet by is feet. was
built nj New Haven III 1857. nnd owned
BY Henry Frescnins. OF Ncw Haven.
The James y. Pace was also three
master. of 652 tons. 1911 feet by 35.s
ieet by 1873 feet, was built at New
huryport. Mass. in 1889, and her can
tain, j. D. Garfield, was her principal
owner, her home port being Dennis.
Mass.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-08
WHO STOLE TIE Ruc7
THE ACCUSED ACQUITTED AND
PUGGIE CONVICTED.

PUGGlE CONVICTED.
The mock trial to decide the aues-
ton Of the guilt or innocence of An
tonic Maceronio, alias George Toms,
charged with stealing a pug dog, drew
a large crowd to the lecture room OF
the Precursor Street Baptist Church
last evening. The trial was partici-
pated in by the members of the Young
Mems Association of the church. 1t
was n humorous performance, and
caused much mirth among the court
room spectators.
Judge Know-It-All (Nr. r. G.. Avery
presided with stately dignity. a prom
inent figure on the stage was Mr.. Rich
fellow, otherwise known as Lee Guy
the unfortunate owner of the stolen
Pug. Jumbo. The attorneys for the
prosecution were Harry Trice and Gus
Hall: and for the defence, Howard
Sawyer and ". f. Robertson. The wit
nesses were Fred Randiett, C. w
Daughtry, w. S. Archibald, and Mr.
Nichols. The court officers were DR.
II. w. Hammond, clerk: ]. NJ. Marshall.
sheriff: c. l.. Ackiss, stenograp hcr,
while the jury to pass upon the mo-
mentous issue was compcecd of ". l.,
Cofer, foreman; George Hibbs, B. T.
Hopkins, John III. Day. Jr., c. L.
Whichard. ]. T. Madrey. 4. r. Round
tree. w. w. Yoder, w. NJ Womble, DR.
r. d. KILLER, J. Z. Bickers, and Mr.
Landlord.
a verdict was rendered clearing the
accused of the ignominous charge and
ordering that the pug be hanged.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-08
OYSTER CASE DISMISSED.

The celebrated "oystcr case" came I'm
before Justice Hawks, of the county, for
trial yesterday, and was by him dis
missed, after argument by Mr. John @.
Tilton, for the prosecution. and Judge
ID. Tucker Brooke, for the defense.
1t will be recalled that Captain Thos.
Payne employed by J. D. Armstrong &.
Co. oyster packers in Atlantic City
Ward, was charged by tongers with
dredging oysters on the natural rocks
off Pig Point. 1t was said yesterday
that NIessrs. II. F. Bradley and w. a
Smith would carry their complaint be-
fore the Norfolk county grand jury,
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-08
MINOR POLICE CASES.

Julia Lassitcr. colored, charged with
stealing furniture. was discharged.
Edward Brown. colorcd. paid Sc for
drunkenness and disorderly conduct.
Ida Thoroughbred, colored will be
tried Monday on the charge OF stealing.
Arthur Summers, colored, who failed
to appear in court Monday to answer
the charge of drunkenness was fined
50 yesterday morning. Summers was
arrested Saturday night and bailed for
his appearance Monday He did not
show up and his bondsman was warned
that unless the prisoner was in court
yesterday his bond would be forfeited.
Louise FELTON,, colored, charged with
stealing ring. was given her liberty.
Rose Mason, colored was fined So for
drunkenness and disorderly conduct.
Walter Gray. colored. is now In Jail
awaiting the arrival of an officer from
Danville, where he is wanted for fclo-
NOUS shooting
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-08
To lmprovo Virginia Beach.

There will be n meeting OF the prop
crty holders at Virginia Beach at the
Office OF Mr.. y. b. Seldner Saturday
morning at II o'clock to determine
upon some plan by which portion of
the taxes paid by property owners at
the Beach will be used in making i'm
rrovements there.
The necessity of taking prompt ac-
ton Is shown by the fact that the
ocean is encroaching OH beach proper
ty several feet each year, ana unless
a concerted move is soon made severe
damage to the water front will re-
suit
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-08

That Port Norfolk is a rapidly grow
ing section all admit. and it will be
observed that its growth is based upon
natural causes, and is therefore endur
ing. One carpenter has built 60 houses
the past season, and the total build
inSs in the vicinity mount up into the
hundreds. Some valuable testimonials
from Andrew Carnagie and others on
the value of real estate investments
Will be found in the advertisement of
The Port Norfolk Investment Com
pany." This company has an cXcep-
;ionally fine tract of land, and it is i'm
proving 1t in manner to make 1t dcsl-
raele for those who want fine suburban
homes. Lots have been selling very
rapidly, more than 30 having been sold
the past week. The property Is in close
touch with two electric car lines, af-
fordins ample facilities to those who
build on this property. de7-2t
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-08
LEFT HIS SHIP

Frank Moore. charged with enticlng
Peter Mccall, a sailor. to desert his
ship, the Aldborough. from England,
was discharged. Moore is employed as
runner for Frank Moran's sailor
boarding-hous on Main street. Mccall
says Moore had nothing TO do with his
leaving the ship. as he left of his own
free will
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-08
Tho Influence Of Jesus.

Rev. DR. II. f. Johnson will read a
paper before the Methodist preachers
meeting Monday morning on THE In
huencc of Jesus" This paper was pre-
pared at the request OF number of
ministers from the evangelical denomi-
nations while DR.. Johnson was pastor
OF church in another city. as an an
swer to severe attack n promi,n,n;
lawyer made upon the Christian re-
iision as taught in the Holy Scriptures
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-08

Special Christmas privileges to Col
lege Students by the Seaboard Air Line
Tickets good for three weeks IL bought
December 18th, at one and onc-third
fares for the round trip. Tickets on
sale December 18th to 21st, inclusive.
good until January ith. inclusive.
deS-su, VIC, fritz
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-08
COURT DECISIONS.
Notes Of Cases Recently Decided,
Which are Of Interest 10
Cur People.
DIoEsTEp BY w. 3. MARTIN.
Exclusively for vlrsln.an-pllot.,
CitoWDER, DECKER & CO. ". GAR
49, Der 1a.

cRowDER, DECKER & CO. ". GAR
BIER.
supreme Court of Appeals or.Virglnia.
November 16, 1899.
i'm SUIT BY CREDITORS TO SET
ASIDE AS FRAUDULENT A DEED
FRoM A HUSBAND TO HIS WIFE
THE LATTER CANNOT TESTIFY.
: IN SUCH SUIT THERE IS A PRE-
SUMPTION AGAINST THE DEED
WHICH THE WIFE MUST OVER
COME BY CLEAR AND Salts
FACTORY EVIDENCE.
Inc object of this suit to set aside
a deed for certain lots made by a. nus
i nahu 10 his wife, upon the ground that
! was without consldera ton and made
~ nihder, delay and defraud his cred
itoIs. There. was q decree for defend
ants IN the lower court and the plain
lifts appealed.
Inc court says:
On account of the great facility
|hlcn the marriage relation affords
LOT the commission of fraud, transac-
.ions between husband and wife are to
ne closely scrutiniZed to see that they
are iair and honest, and not. mere
contrivances resorted to for the nur
beyond the reach of creditors. In n
contest between the creditors Of the
husband and wife there is, rs there
should be, 4 presumption against the
Doha tides of the transaction which she
must overcome by clear and satisfac-
tory evidence. Whilst the case was
pending before the commissioner, the
wife took the deposition of herself
Her competency as witness
was properly sustained by the Circuit
Court. Chapter 703 of Acts of Assem-
bly, 1875 y. 1853
lThe court then discusses the evil
dence and concludesl:
Upon the whole case, we are clearly
OF the opinion that the wife has not
SHOWN by clear and satisfactory evil
dencc that the conveyance to her was
bona fide transaction. and that the
appellees have the right to have the
conveyance as to their Judgment set
aside and annullcd, and the lots con-
veyed subjected to Its payment. Re-
vcrsed.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-08

UNDER CODE SECTION 267 a SUIT
CANNOT BE BROUGHT JOINTLY
AGAINST ONE WHO UTTERED A
ISLANDER, AND ANOTHER WHO
AFTERWARDS PUBLISHED IT.
This was Il suit against Illlgo and
others. There was II demurrer TO the
complaint which WAS sustained and
Dlaintifr appealed
The facts sufficiently appear from the
opinion of the court
Tho court says:
The defendant denurs to the COM
plant for that the plaintiff has unlaw-
fully Joined two separate causes of nc-
ton in his complaint against different
persons, and moves TO dismiss the ac-
ton. The first five sections of the COM
plant allege that the defendant John c.
Aligo In August, 1898. uttered In public
slanGerous words against the character
and business relations of the plaintiff.
and set out specifically and Mt length
the words complained OF. and further
allege as follows:
And so the plaintiff alleges that. in
uttering and publishing and circulating
the aforesaid false and dcfamatory
words OF and concerning the plaintiff
the defendant John G. ISilgo intended
thereby to charge, and did charge, the
plaintiff with an offense equivalent to
jury. and thereby intended to injure,
and did njure, the plaintiff. in his good
name, fame and credit, accordingly as
II the plaintiff in his testimony upon
the investigation aforesaid had been
guilty of the crime of perjury"
The complaint thereafter further al
leges that the defendant Kilgo and his
co-defendants in this action. Duke.
Bronson and Odell, contrving and
wickedly and maliciously intending to
injure the plaintiff in his good name,
etc, in September, 1898, did compose.
print and publish i'll certain newspapers
circulating in this State, or caused If
to be done. certain pamphlet contain
ing the aforesaid false, slanderous.
libelous and defamatory words of and
concerning the plaintiff, and prays for
damages. Can these two causes he
Joined In the same COMPLAINT? Code
section 267. That section says: But
the causes of action SO united - .
must affect all the parties to the action
and must be separately stated"
- 1t was held in Logan V. Wallis. that
there could not be such n joinder unless
all the parties to the action are affected.
We do not see how the last three named
defendants arc in any wise connected
with the plaintiffs first cause of action.
1t seems they were present as n com
mittee when the words of the first
cause were uttered. and that they did
not participate in such utterances. This
would no more make them liable to an
action than all others present and
silent. In fact. the case is on all tours
with Burns VS.. Williams. The same
view was taken in Land Co. VS.. Beatty.
where the confusion and Inconvenience
of joining such causes was fully
pointed out, with illustrations
We approve the Judgment below Sis.
tanning the demurrer, except that part
dismissing the action. and that part ;s
overruled When the case Is called
again for trial it will be within the die.
erection of the court to allow an amend
mcnt. If none is made, II will be The
duty of the judge on just terms to
divide the action on the docket for
separate trials. Modified and aiI;rmed
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-08
Eyes Ex nimeh Ernn-

DR.. A. Week manager OF the optical
department of the Gale Jewelry Com
pany. VIII examine your eyes free. De-
fective vision and duplicated cases
specially Invited To call ieoS.tf
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-08
HAD NO LICENSE.

A colored boy named Joseph Hays.
from Oakdale. Norfolk county, has been
buying old iron, ETC.. for junk store
on Church street, for which he received
Il commission. Hays had no license to
carry on this business and he was ar
rested on that charge. In the Police
Court yesterday n fine or S. and costs
was imposed, which was paid by his
father.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-08
Sew UndcrtnIs,ug e.,nh,,.n,,eu,

has been opened by Thomas Scotr,
Sons G Co., at No. sc Charlotte street
Funeral orders will receive prompt NJ.
tention day or night. Mr.. George 7
McDermott, manager. Southern Bel
phone No S97. oc15-tf
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-08

!; Get the benefit of the cheap Christ
mas rates and two weeks tickets by the
Seaboard Air Line
p deS-su, we. fritz
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-08
"DceMs orc Eruifs.

words are but leaves" The many won
derful cures effected by Hoods Sarsn Dn
rilla are the fruits by which 1t shoild
he Judged. These prove 1t to be the grsat
remedy for all blood diseases.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-08
POSTPONED.

James II. Johnson. the old negro
charged with selling q house and lot
in Berkeley to Moses Salisbury while
there was u deed of trust on the prop
erty, was arraigned in the Police
Court yesterday and the case con-
tinued to next Thursday. Mr.. Robert
w. Shultice is counsel for Johnson.
and Mr.. l.. NJ. Baum is conducting
the prosecution. Johnson is an UNI
brella member and resides in Berkeley.
He did not give bail for his appear
ance and went to jail
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-08

Special weaves for tuxedo coats and
vests imported by
RUDoLPHI e WALLACE.
83S Main street
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-08

HOODS PILLS cure all liver ills. Nom
Irritating.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-08
SENT TO THE PEN.

Lille Arlington. colored, one of the
best customers the Police Court has
was convicted by q jury in the Cor
poration Court yesterday of robbinC
j. l.. Brooks of 500, and was SEN
fenced to one year in, the penitentlary
Mr. j. III. Nininger was qualified 10
practice in this court
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-08
SCALES OF JUSTICE,
Numerals Complaints Weighed. in
Them Yesterday.
Ten Thon.nud Dollar %innaor Suit on
rrint-A InngJury andn eonvi.-
ton )" the orp"ra.iom tourt-ro-
lice Items oyster Case p,..m,ssrd

Judge Martin, OF the Court of Law
ana Chaneery. was engaged yesterday
IN hearing the trial of the suit OF
frederick w. Power against the Au-
tual Reserve Fund Life Association
Tor $4,000 damages for Islander. Plain
TIN formerly worked for the defend
ant. having been recommended by Mr..
E. t. Powell, of this city. After he
left the service of the Association, Mr..
POWER claims that letter written
by its secretary to Mr. Power charged
that he had failed to account for GER
tain trust funds collected by him.
ana that he has. therefore. been dam
aged to the amount named. The evil
dence was concluded and the case
partly argued by counsel yesterday. 1t
VIII be concluded to-day Judge +.
M. Whitehurst is counsel for the plain
tlff, and MIR. Richard Wake, of this
city, and Major StringfelIow, of Rich
mond. for the defendant Association.
THE CORPORATION COURT.
Sam Williams was tried yes
terday for Systematically stealing ice
from the Norfolk Coal and Ice Com
pany's warehouse. There was evil
dence against the accused, but he cx-
planned to the satisfaction of the
jury that he was innocent and YER
diet of acquittal was rendered Sam
had been confined in Jail for two
months, and when he found himself
free once more lost no time in leaving
the court.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-08
THE CORPORATION COURT.
A HUNG JURY.

The case of Frank Render. charged
with forging the name of "Elic" H:g-
gins Captain A. M. Higgins, of the
tourih Virginia RegmenO, to che elk
Tor so, was tried in the CORPORA ton
Court yesterday and resulted in a
hung jury. Reader is n veteran of the
Spanish American war, and denies the
charge against him. TIe is n tough
looking customer and halls from New
port News. The case will be re tried
at q future term of Tho court
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-08
GATTIS Y. KILGO.

Supreme Court of North Carolina
November Z, 1899
UNDER CODE SECTION 267 a SUIT
CANNOT BE BROUGHT JOINTLY
AGAINST ONE WHO UTTERED A
ISLANDER, AND ANOTHER WHO
AFTERWARDS PUBLISHED IT.