davidaulloa/AmericanStories huggingface dataset:
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-05
THE HON. CHARLES R. KINNEY
Leader of The Albemarle Bar From 1925 to
1885,

hiph-bred rich. and a born leader OF
yonug men, The young men of Eliza-
beth City bowed at his beck, and read
ily did his bidding. Kinney was not Of
that make of man. No toady was an
his composition. SHEPPARD finding he
would not fall into the procession OF his
following. determined to crush him. He
unleashed his agents of irritation kln-
ney was ridiculed. denounced. insulted-
his PERSONAL infrmities derlded-hls yo-
ciferous devotions" ridicued. He was
held up to public and private scorn MS
a Yankee pig" without lineage and un-
worthy the association Of Southern gen
tie men. A fictitious public sentiment
was created against him, and ne was
surrounded whit a Gordon of social fire
that made his life foiretaste of the
very infernl regions. EXAMINATIONS and
recrimination, threat and defiance.
street encounters without much damage,
publications and counter publications
challenges to mortal combat given and
declined repeated and accepted with pro
tests of disapproyal, all followed.
The grave and quiet citizenship was
with Mr. Kinney: the young HotspurS
and aggressive citizenship ardently did
the UlCI0Ie Oh 1NH6Illitld. rs Hilf''"
corners were black with posters pro and
con. From the character of the contest
ants Kinney was ON the defensive. To
the charge that his family nest in Con
necticut was low and foul, he replied
with fiery indignation: she who bore
me- he said. died ere | had learned
70 lisp a mothers name. My father yet
lives. old and venerable He never had
the honor of sending or accepting chal-
lenge. Ere he had reached the threshold
of manhood he barred his bosom to the
battles rage in the evemtful struggle
that separated the American colonies
from British dependence.
Had these fires confined themselves to
Elizabeth City. the damage would not
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-05

Fowlks slept on the ground the night be-
fore. Collins aud Henderson slept late.
or were otherwise delayed; and while
on the way to the ground were arrested
by a constable and justice of the peace,
and all bound over TO keep the peace.
All this historic fight in the District
produced but one sound fruit. a drama.
entitled. "War Without Fighting" writ
ten by Charles X. Kinney, and credited
10 an Irish schooEmaster at Camden
court house. 1t was a literary produc-
ton of decided merit, and it is much to
be regretted that it cannot now be found
The Dramatis Personae were all as
signed names. Kinney was "Soberly,"
Shepard was Captain Buster, Wilson
Sergeant Cab" which are all that have
not passed from memory.
When Mr.. Kinney fought through the
"Nar Without Fighting, he was n
briefiess lawyer feeding on the scant
crumbs that fell from the table of the
professional Dives.
But what is bred in the bone is bound
70 come olrt in the flesh, saith the pro-
verb. In the life of the successful law
ypr. if closely observed, there Is gener-
ally same pivotal case on which his sue
cess turns, and which is the stepping
stone that leads ON to fortune. Mr..
Kinney was no exception. Ills pivotal
case in the lower counties was State VS..
John C1pittim. charged with beng AN
accessory before the fact, IN the murder
of Joseph Lindsey of Cmrrituck county.
Chittim was a wealthy man, Lindsey
was mn old man. and poor and nad Il
pretty young wife upon whom Chittim
looked as Potiphar's wife upon young
Joseph of Egypt. Thereby hangs q
tragedy, and on that tragedy hung the
fate of Charles II. Kinney
March. slave, murdered Lindsey
was tried and convicted, and Chlttm
was nut on trial as an accessory before
the fact. Chittim retained every law
yer that attended Currituck court III his
defense. with the sole exception of Ain-
ney. Mr.. Iredell, who had been solici-
tor for the State, was appointed judge
on the circuit. vice Judge Lowry, de
ceased. by the Governor of the State,
and he appointed Charles II. Kinney to
prosecute for the State, there being no
other attorney unemployed to appoint.
Mr.. Kinney procured Il continuance. and
the case was tried at the succeeding
term. Judge Strange presiding. He
made an able argument, having had
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-05
&. e. " Dr~7.

ample time for preparation Chittim
was convicted, and WAS subsequently
executed. This was iii 1923. After the
trial. Mr.. Kinney WAS employed IN
every case on the docket, in an hour
after he went out of the court house.
Mr.. Kinney was especially kind and
courteous to the young members OF the
bar. and stood ready at all times TO
render them aid and encouragement. On
one occasion the late Governor Bragg
and the late William W. Cherry We're
his opposing counsel in very important
case. Beale VS.. Askew. Bragg and
Cherry were very young men, and re-
ferred in their speeches to the en-
barrassment they felt in confronting
their able opponent. Mr.. Kinney i'll his
speech spoke in most complimentary
terms of their fine efforts and strong
argument, and predicted a grand future
for them both. Governor Bragg's re-
cord is well known. and though Mr..
Cherry died young, yet no man in tine
east has ever made a greater reputa-
tion Mt his age, and it may be safely said
that Mr. CHEEKY was the finest speaker
the State has ever produced.
Mr.. Kinney wrote, compiled and pub
lished a law book entitled 'Kinney's
Compendium, which received the en-
dorsement of the bar of the State.
Ex-Attorney General Kenan called my
attention to the case of Williamson VS..
Canal Company, rs \. G.. ATS, in which
the late Chief Justice Pearson pays n
just compliment to the subject of this
sketch. 1t was case where the plaintiff
sued the defendant for damages in di-
yerting water from his mill. The canal
was cut in 1873, but it did not appear
ut what time the mill was built On the
question Of notice and occupancy, the
Chief Justice says: 1T may be that
the notice of occupancy by the defendant
will relate back to the original charter.
One who starts q deer and is in
pursuit has acquired an inchoate title
by occupancy and no third person has 1t
right to kill the animal before his
hounds, for there is notice of an inten-
tion to appropriate the thing which is
ferae maturea. This furnishes an analo-
gy, because water, like wild animals, is
the subject Of title by occupancy, and
the original charter like the cry of the
dogs gives notice. Upon our consulta-
ton 1t was suggested by Justice Rod
man, who comes from a land that
ahounds in swamps and lakes, that no
tice should be presumed from the nature
of the thing, for when 10000 acres of
land. that by draining can be made tit
for the purposes of agriculture, are COW
cred by water one or two feet deep,
every one must know that at some time
or other the swamp will be drained, and
the plaintiff will be presumed to have
built his mill with an intention to use
the water Of the swamp until 1t was
dilined. and after that to use such of
the water only as was left to flow
through the outlet to his mill. There is
force in this suggestion and we shall be
pleased to have it discussed, should the
case come before us a second Tune.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-05
FREE BLOOD CURE.

An Offer Proving Faith to Sufferers
From Blood and Skin Troubles.
Ulcers Cancers, Eating Sores, Painful
Swellings, Effects of Blood Poison, Per
sistent Eruptions, that refuse to heal
under ordinary treatment are quickly
cured by B. B. B. Botanic Blood Balm),
the most wonderful Blood Purifier of
the age, made especially to cure all ter
rible, obstinate, deep-seated Blood and
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you pale? All run down? Have you
Eczema, Pimples, Blotches and Bumps,
Skin or Scalp Humors, Boils, Eruptions,
Skin Itches and Swollen. Aching Bones,
Rheumatism, Scrofula, Catarrh? Then
you need B. B. b. Botanic Blood Balm)
because it drains from the blood and
entire system all the poisons and humors
which cause all of these troubles and the
cause being removed, a permanent cure
follows. b. b. b. thoroughly tested
for thirty years, and thousands cured
after doctors and patent medicines had
failed.
For sale by druggists at 81 per large
bottle. or large bottles full treatment
So. To prove our faith in B. B. B. we
viii send Trial Bottle Free and pre-
paid to sufferers, so they may test the
remedy at our expense. Address
BLOOD BALM CO., 100 Mitchell
Street, Atlanta, Ga.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-05

have been so serious, but the contagi0n
OF strife spread out until the Albemarle
became one vast military camp III which
the best elements of the population from
Gates to Currituck became involved.
From 1898 to 1888 the smell Of gum
powder and strife was in the air. The
first spread Of the contagion was to Hert-
ford, in Perquimans county. Jesse Viii
SON was the leading lawyer in that COM
munity He visited Elizabeth City
quite often. He was not particularly
combative per Sc, but he liked the ex-
element of controversy, though not be-
cause the snuff of danger was from
afar. Wilson was full of wit and
pyrotechnic expression. He readily fell
into the ranks of the Shepard party.
He was easily indiscreet in expressions,
and said some ugly words aDout Mr..
Kinney Mr.. Kinney's war blood was
up, and he promptly challenged Mr.. Will
son to mortal combat. Augustus Moore,
of Edenton, father of Augustus NJ.
Moore, of Greenyille. \. c., who
had been law student Of Kinney, and
was his personal friend, bore the chal-
lenge to Wilson. Moore was a careful,
prudent man, and not seeker of per-
sonal controversy, and sought to avoid
them, but would fight if crowded and
forced to it. OF the two men he was
considerably less dangerous than Kinney,
and Wilson was evidently so impressed.
and Wilson adroitly turned from Kinney
and made bitter and aggressive fight
ON Moore, which was followed by a street
encounter on the corner where the Albe-
marie Hotel now stands. In that en-
Il
but for the interference of john Il.
Muse. an esteemed young lawyer Of
Eliza beth City, who was neutral in the
fight The encounter between Moore
and Wilson was followed by innnmera-
Bile paper bullets, finally ending in suit
for libel.
In 1890 the contagion had spread to
| Edenton. At Edenton court, Hugh w.
| Collins, young man OF the town, OF
wealth and influence, who had cllent-
age of young men Of Edenton hardly
| less devoted than the following of Shep-
ard in Elizabeth City, in conversation
with William Pugh, Of Gainesville, used
some expressions derogat0ry to Mr.. Kin
ney. Pugh was Il friend of Kinney, as
| brave as a Bengal-tiger and promptly
resented it with some severity, for which
Collins challenged Pugh. Alexander NJ
Henderson bore the challenge. 1t was
promptly accepted by Pugh, and Hender-
son was referred to DIR. Jeptha Fowllos,
of Gainesville, the friend of Pugh. to ar
| range the terms of hostile meeting.
Fowlks was a quiet, sensible man. whose
courage had been tested in many person
al conflicts. Pugh and Fowlks were
known to be born fighters, and Collins
and Henderson had the pride Of birth
and family lineage, and it was readily
considered that the quarrel between
Pugh and Collins would produce the first
| fruits of blood. The day was appointed
and the place of meeting. Pugh and
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-05

The Emperor Of Germany has a rum
ming ear. Just think of it; a man at
whose beck one of the strongest armies
and navies of the whole earth could be
set in motion, q man whose rule is abso-
luteover thecountry of medical universe
ties, a man whose slightest caprice could
press into service the most noted savants
and philosophers on earth, has running
ear and is unable to find cure!
Now contrast the experience of the
following citizens of the United States
with the Emperor of Germany. Like the
Emperor, they failed to find cure. But,
unlike the Emperor, they happened to
be plain citizens of tho United States,
rather than the center Of the inner court
Of the most exclusive and carefully
guarded aristocracy Of the world. In
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-05

ears. He says: " My
head gathered and
broke and my ears
ran terribly. 1 tried
s everal remedies
with no relief. At
last 1 got a bottle of
Pe-ru-na and it did
me so much good
that I kept on using
it: am on the fourth
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-05

entirely free from lis horrible disease.
A free book treating catarrh in all OF
its different phases and stages, written
by DR.. Hartman, will be sent free, by
addressing The Pe-ru-na Drug Manu-
featuring Co., Columbus, Ohio. .
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-05

Mr,H,WaIter Brady. entitled tTbe ms Of
Life.' He wrote me that the remedy was
simple and that / could cure myself.
After using SIT worth of his remedies 1
was entirely cured. The world could
not buy my fortune. | recommend Pc
ru-na to all as the best medicine Sold"
The third case is that of Rev. S. FL.
Renfro, Norbarne, Mo-, who had running
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-05

of Iatan, Mitchell
county, Texas, who
had been troubled
with running ears
ever since he was
min g months old.
After a tn oroug h
course of treatment
with Pe-ru-na he was
entirely cured, and
is now rejoicing in
~ foot that he ia
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-05

bottle, and must say it has removed all
ny bad symptoms. My head does not
pain any more, my ears have stopped
'unning and feel a great deal better.
The nextis the case of Master Murphy,
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-05

of the middle ear of
II years. standing.
He says" II had run
ming ears, and for IA
wears / was almost
an invalid. 1t was
so offensive that /
G xclud e d myself
from all society. 1
received a pamphlet
from DR.. Hartman
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-05

his position nothing
but the e m @ die 5
that have met the
approval of the most
fastidious m edica1
rt h cd oxy could
ever reach him. In
the position of these
American citizens,
however, they h i'd
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-05

onr ~ + ~ Z pn',n ~ old and new, tried
Ears by Dr.. and untried, APP
Hartman. proved and disap-
proved. They were at perfect liberty to
try anything they chose to. They chose
to try the remedy that had cured others
like themselves, and thus they found a
cure.
Running of the ears, deafness or all
other affections OF the middle ear, are
due primarily to chronic catarrh. Run
ming of the earl is properly called chronic
suppurative catarrh. Pe-ru-na will cure
catarrh of the middle ear, as well as
catarrh located elsewhere. This has
been proven over and over again in
innumerable cases besides the ones just
mentioned. Deafness and running of
the ears are but symptoms of chronic
catarrh of the middle ear. Pe-ru-na
cures the catarrh, when the symptoms
disappear, whether it be running ears or
deafness or any other affection of the
middle ear The remedy is compounded
according to the formula originally de-
vised by DR.. Hartman of the Surgical
Hotel, Columbus, o., the noted writer
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-05

''Take time by the forelock." If your
blood is out of order, begin taking
Hoods Sarsaparilla at once and prevent
illness
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-05

Sol Creecy has so aided me in ma
terial and facts that | have made the
sketch our joint effort Without his aid
| could have made no Roadway: and
far more is entitled to him than to me.
The association of his name will add an
interest and secure Il perusal that MY
name, alone, could in nowise have in
vited or secured. I. =.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-05

and lecturer on all catarrhal diseases.
The second case, Mr.. H. Walter Brady,
| Cascade, Ark, is a case of suppuration
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-05

T access TO remedies
old and new, tried
and un trie d, APP
proved and dis ap-
=.
Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1899-09-28

for the ratification of that treaty.
without the aid of the supporters of
William Jennings Bryan, that treaty
could not have been ratified.
What more does the treaty contain?
It contains the guarantee of property
rights to all persons, provinces, NUM-
cipalities and ecclesiastical or civic
bodies. 1 think it is no secret that
there is some opposition on the part of
the insurgents to the church and to
the monks and friars in the province.
No complaint has ever been heard con-
corning the Jesuits, however, so far as
/ can learn. The United States, under
its treaty, guarantees to these eccles-
iastics and to these ecclesiastical bod
les protection OF life and property.
What more? The treaty provides in
specific terms that Spanish subjects
may continue to reside in the archi-
pelago, and preserve their allegiance to
the crown of Spain, and be permitted
to carry on their business and profess
sions without hindrance. The rights
OF property secured by copyrights and
patents acquired by Spaniards in the
Philippine islands or other coded ter
ritories are guaranteed recognition for
the period OF ten years. I submit that
the time to determine whether the
United States would assume these OBJ
legations was prior to the ratification
of the treaty, and it does not comport
with American integrity to so much
as to contemplate the violation of these
obligations voluntarily assumed.
Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1899-09-28

picture may be imagined, but cannot
be expressed consistent, with the re-
spect we owe to your honorable body"
Rebellion Averted
For a time, it seemed that rebellion
would surely ensue, but 1t was hap
PLY averted. Aaron Burr sought to
take advantage OF this dissatisfaction
on the part of the French and Spanish
subjects, and to arouse them in open
rebellion. but his arrest and trial and
the seizure of his ships frustrated and
terminated the enterprise. Subsequent
ly, Andrew Jackson, another man
whose love of liberty is frequently re-
ferred to, took a hand in the affairs of
Louisiana. After the treaty which ter
minated what is known as the war of
1872 had been signed and promulgated,
this old democratic, liberty-loving pa
triot actually banished from New Or
leans every French subject who had
joined his forces to fight against Eng
land, and decreed over his own sigma
ture that they should all move away
as tar as Baton Rouge. This act, now
ever, did not pass without rebuke, for
the old general was subsequently fined
one thousand dollars for his express
sion of his regard for patriotic SER
vice by French subjects, which fine he
paid. The government of the United
States, however, refunded it thirty
years afterwards.
I am simply referring to historic
facts, and DO it not for the sake of
criticising those of former generations
but to show that the doctrine of con-
sent of the governed, while it sounds
well in the declaration of independence
and in party platforms, is not always
scrupulously adhered to even by those
who are responsible for it's insertion in
those formal documents.
Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1899-09-28
Some Historical Precedents

T7HE democrats in Des Moines en-
i dorsed most heartily the war
against Spain, but denounced most vim
dictively the war for the suppression
Of an insurrection on United States
territory acquired under the treaty
which cedes it to the United States on
the same terms that Porto Rico Is
Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1899-09-28
Duty to Other Nations.

7 N Manila, in Iloilo, and other princi-
L pal cities of the Philippine archipel-
ago, are German, Russian, ScandinaY-
ian, French, Spanish and English
merchants. Do we owe anything to
them? They are not parties to the
treaty! Let us examine their status.
In 1891 a mob gathered in the city
of New Orleans and took certain Ital-
ians from the Jail and shot or hanged
them. Among these were a number
who were not naturalized, and there
for still citizens of Italy. The presi-
dent of the United States apologiZed,
but the apology was not accepted, and
the government of the United States
promptly responded in damages.
In 1854, some citizens of the United
States residing at Graytown, a port
on the Mosquito coast, were subjected
to gross indignities and injured by the
local authorities who were British, but
who professed to act under the au-
thority of the king or chief of the
Mosquito islands. These United States
citizens appealed to the commander of
the United States SlOOp of war, Cyane
lying near the port, and he promptly
bombarded the town. The English gov
eminent complained, but this govern
ment sustained the act on the ground
of it's being necessary for the protec-
ton of our citizens.
David Pacfico. a Jew who never
saw England but whose father was
born in England and who remained an
English subject, had his house, his
goods, and the persons of himself and
family, injured by a mob in Athens in
1849 He asked redress from the gov
eminent of Greece and his demand was
ignored. The British consul made de-
mand. This was also ignored. Then
the English government submitted an
ultimatum, which was rejected. Then
Admiral Parker, commanding the Eng
lish fleet in the Mediterranean, was di-
reCted to seize all Greek ships of war
and merchant vessels, and to retain
them. which he proceeded promptly to
do. Greece then responded by the pay
ment of five hundred pounds for per-
sonal injuries, over four thousand
pounds for the loss of household effects
and jewelry, and five thousand pounds
as indemnity against some valuable
papers of Mr.. Pacifico, which he claim
ed were destroyed.
So soon as the treaty with Spain was
ratified and delivered, the government
of the United States assumed the re-
sponsibility of protecting the citizens
and subjects of every government Of
earth who CHANGED to be doing bust
ness in the Philippine archipelago.
/ understand there is no issue as to
these questions. These propositions of
international law are not in dispute.
The facts on which they are predicat-
ed are all admitted. There is no issue
yet Thus far, all are agreed.
Some Historical Precedents