davidaulloa/AmericanStories huggingface dataset:
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-09-05
COURT { i |'' DECISIONS i:
Notes Of Cases Recently Decided,
Which are Of interest to-
Our People.
DIGESTED BY W. B. MARTIN.
(Excluulyely for virE!nian-P llot)
SITE v. NICHOLSON.
Supreme Court of North Carolina,
April rs. 1899.

Supreme Court Of North Carolina,
April %. 1899.
A CONVICTION OF LARCENY MAY
BE HAD UNDER AN INDICT-
NIENT FOR ROBBERY.
WHAT CONSTITUTES HIGHWAY
ROBBERY.
Nicholson was convicted of robbery
and appealed. lie was walking with
prosecutor near e. highway, which
neither knew was in existence, and
forced prosecutor to give up his watch
and money at the point Of a pistol and
Shot him. The lower court instructed
the jury as follows:
I'D Defendant is charged with the
crime of highway robbery. II the jury
find from the evidence beyond n rea-
sonnble doubt, under the courts in
structions, that, in or near the public
highway, the defendant assaulted Low
cry, and put him in fear. and he sur
rendered. his pistol, watch and money
through fear of bodily injury to de-
PENDANT and that defendant through
rear from the possession OF Lowery,
the said pistol, watch and money, the
property OF Lowery and carried them
away, and that defendant did this fe-
loniously,-that is. with the intent to
deprive the owner of the goods and
appropriate them TO defendants own
Ise,-thc jury will find the defendant
guilty of robbery as charged in the
Indictment.
I'D The fear necessary as an ele-
nent TO constitute the crime of robbery
need not amount to great terror. but.
II the prosecuting witness surrendered
his goods on account of threats or
gestures which made him apprehensive
on Danger, this Is sufficient so far as
the element of fear is concerned
go If the jury fail to find the de-
PENDANT guilty of robbery as charged.
still they may, under this Indictment
md him guilty of larceny. provided the
evidence. under the courts instructions,
warrant the jury in 10 finding.
The court says:
In State V. Bradburn, 1O4 n. C. SS1.
the indictment was robbery near the
highway" The facts were that de-
PENDANT and prosecutor went up the
faiiroad and took n path to point 90
steps from the railroad and 20 steps
from the county road. running parallel
to the railroad. At this point the jury
round that the robbery was committed.
This was held 10 be robbery. In the
present case the Indictment was rob-
hery at and near n certain highway
Inc Facts are that the defendant and
prosecutor walked on the railroad some
distance, when the defendant steppcd
OFT 40 or so yards, and called prosecu-
Tor TO him. Mt point so or rs yards
from the county road, and in plain
view OF the road, running parallel to
the railroad. AT that point the jury
IND that the robbery was committed
The facts and finding in the two cases
are. in substance, the same, and upon
that. authority we hold that the pres
ent Is case of robbery. We can find
no error in the charge of the court
We were favored with some discussion
as to whether railroad is n public
highway, but that is outside the case,
as we have 4 case of robbery with ref
erencc TO the county road. Affirmed
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-09-05
v. VI. e.. 4. Notes.

Fourteen men attended the Associa-
ton Bible class last night
Eighty-three were present at the af-
ter service Sunday.
Ninety-two boys attended the Gospel
Army meeting ut 2:S0 p. IN. The how
leaders did themselves credit.
Two hundred and scventy-three mon
heard the opening address M. the Sc
ries of four on Formulation Facts. =.
now being delivered by Dr. NJ. f. Hall
OF New York. The Doctor is Il most
interesting speaker.
NJ Ambrose Page was Reelected for
his NTH year of service with the Nor
folk Association. with the new title Of
Junior secretary at the last meeting Of
the board of directors.
There will be a meeting of the star
Course Committee at o'clock this AZ
ternoon. =
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-09-05
Gncx To Ncw Orleans.

Dr. Fricke. the yellow fever expert
OF the United States Marine Hospital
Service. who was ordered here when
the yellow fever broke ont at tho
Hampton Soldiers Home, has received
orders from Surgeon General Wymnn
to 20 to New Orleans at once to assist
In Keeping down the fever mt that
point. Or. j.. Il. Field assumed charge
here yesterday morning. RELIEVING lSr
Fricke.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-09-05
PREACHERS MEETINGS.
REPORTS SUBMITTED BY NETHo.
DIST AND BAPTIST PASTORS.

DIST AND BAPTIST PASTORS
The Methodist preachers convened In
regular weekly meeting at 10 a. m yes
terday. with the President. Rev. w. III.
Edwards, in the chair. Prayer by Rev.
IL. Is. Scott. of Princess Anne Circuit
Large CONGREGATIONS reported from
| the churches Sunday.
Two new members were received Mt
McKendree.
Rev. II. e. Scott will soon build :,
new parsonage on the Princess AIMS
Circuit
Rev. ". r. crowdcr reported fifteen
conversions at Dcnby's Church and
w"lre accessions on profession of
faith.
There was one conversion at Cente-
merry Church Sunday night.
ReV. a. a. Jones received one new
member mt Haygood Memorial
KEY. frank N. Faulkner, of the Will
minston. Del, Conference. was intro
duced. He was very cordially received
by the members
THE BAPTIST PREACHERS.
The Baptist Ministers Conference
met yesterday morning at the First
church. after IL vacation of two months
win Rev. j. w. Mitche! in the chair
Rev. J. j. Hall. d. D.. reported n
busy month. Received seven nav mem
Ders at Park Avenue Church Sunday.
ltev. Vernon L. Arson, who has been
absent for the benefit of his health.
reported that Rev. Russell Owen had
hiIed his pulpit very acceptably.
KeV. Z. IS. Hobbs reported that DR..
Fisher had assisted him at a meeting
at KemI.sville.
Rev. w. +. Hines secured twelve
members during the month of August.
Rev. Samuel Saunders received n!ne
into his church Sunday
lev. Il. j.. Dudley reported good
conversations
Church.
Key. DR.. Hall was announced to read
paper on How to Study the Bible"
at the meeting next Monday.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-09-05
~ NOTICED

The Lake Drummond Canal ana Water
Company wish 10 give notice that the old
Dismal Swamp Canal route between Nor
Iolk and Elizabeth City is NOW OPEN
will leave every other day, except sun
day. commencing AUGUST &c. making
trips as follows Leave Norfolk MON.
DAY. WEDNESDAY and FRIDAY. re-
THURSDAY and SATURDAY.
The Canal Company insures nine feet
OF water at present thno between the
locks, and In few weeks they will have
ten feel OF water In the canal. The Ca
nal Company has dredged fifteen feet in
depth for a distance of three thousand
feet below the lock IN Deep Creek They
have also made deep water below South
Mills Lock, In the waters of the Pasquc-
tank river. The Canal Company has
dredged the old Turner Cut to the depth
or ten feet at low water THIS far the
Canal Company can insure IL sufficient
depth Of water.
The Canal Company would not at pres
Norfolk and Elizabeth City for boats
drawing more than seven and n half feet
OF water. as the Pasuuotank has one
shoal place. and Deep Creek ut low water
at the present time
me Government has appropriated mo-
ney TO deepen and widen Deep Creek and
also 10 deepen and straighten the water
Us 70 commence at once. The Company
In the meantime intend to improve and
widen the canal, and in the near future
the Canal Company believe that thoy will
nave canai ana waterway between the
points named that cannot be excclled i'm
this country.
]. p. SANFORD vP.
Information can be had at the office OF
a. Al: MARSHALL tug boat Office, Camp
oAaA wharf, NerfclR. va. au23-tf
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-09-05
INTO YOUR SHOES

Aliens Foot-Ease. a powder for mo
feet. 1t cures painful swollen, smartin,.
nervous fec. and instantly takes the stin5g;
out of eorns ard bunions. It's the great.
Foot-Ense makes tight or new shoes fn.i
easy; IT IS certain cure for sweating.
Sai.ou5 and rot, tired. aching feet. Try
stores. BY mail for 256: liz stamps Tr,oI
package fres Address, ALLEN s. OIM.
STGD. Le Roy. y. z. a.ss.si..t-..s = q
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-09-05
,Iis. Eusenia nlnir,. 1rnnnn ncre

The Eugenia Blair opera troupe is at
the Monticello. This company will re-
hearse the play "a Lady of Quality"
here for about ten days. Miss Blair Is
one OF the best emotional actresses in
the country. Her leading feminine role
In East Lynne" Camille" and "'The
New Magdalen" has won for her many
admirers among the piny-going folk.
4 Lazy or quality" her latest play, is
very popular in New York.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-09-05
shangefn Schedule.

The Norfolk. Virginia Beach and
Southern Railroad Company have made
some important changes In their
schedule OF, the arrival and departure
of trains over that line. The corrected
time table may be found in another
column.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-09-05
AKUSENENTS.-
THE FASCINATING TELEPHONE
I.1lNI.n

G1RL."
The Telephone Girl" is announced
I9r TWO nights at the Academy of
Music, beginning Monday, September
~. she has been the vogue for the
past TWO seasons, and has made so deep
an impression ana Won so many hearts
mat she Is out again for . third tour
10 cheer Borrowing hearts all over the
country. The Telephone Girl" left II
Wonderfully pleasant memory wher-
ever 1t was seen. and its welcome here
VIII no doubt be as enthusiastic as its
managers could wish.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-09-05
Unknown coIorrd Wan Drowro,

The body Of Il coiored man who was
found In the river at the Norfolk and
Western wharf, near the foot ferry TO
Berlliey. is unidentified Acting Coro.
ner Ashburn adjourned the inquest in
morning ',''S
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-09-05
DIED.

HfSLOP.-At his residence Sunday
Scptomber 3D. 1899. a 1880 r. NJ. DEN
OF his age. MO-
r The funeral will take place TUESDAY.
Scnteqnber 9th, nj | o'clock. from the Park
avenue Baptist Church. Fhicntls and ac-
quaintances respectfully invited to attend
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-09-05

I. Wlgwam of oronoco Tribe No. ~.
Improved Ordcr Red Men,
9Th Sun. Corn Moon, G.. S. d. 40S
Norfolk Va, Sept. 5. 1872
~ HIEFS AND BROTHERS.: YOU
wan THIS (tho ilftM SUN. ut tho Sd run
for the purpose OF paying the last tribute
or respect to our deceased brother, ID. r.
HfSl>OP All Red Men are cordially in
vited to unite with us
by order CT the Sachem.
j. NJ. McFARLANE,
II Chief OF Records.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-09-05
NJ EE'riNtiN.
|. O. O. r

rT o THE OFFICERS AND MEMBERS
a OF COLUMBIA LODGE ,,,,pr:t..,
NO. A.. /. o. o. F.-iYou are aSsgIfSSf
earnestly requested % ssm- ftt.!SStt'.ss
bio at your hall. in BaI,ent.ne's EillGing
ON TUESDAY. September 9Th. Il; 2:3D r..
M. to pay the las, sad tribute CT respect
TO our deceased brother. -. =. IIYSLOP
Wear badges ana white gloves. Members
OF sister lodges cordially invited 10 unite
with us.
BY order OF tho Noble Grand.
Gc5-lts HARRY $. COLES r. S.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-09-05

n HE ANNUAL MEETING OF, THE
stockholders of the AMERICAN
FERTlLlHlNG CO. Will he held at the
Company's office. No. IL Atlantic street
Norfolk. Va. on WEDNESDAY, the 18th
DAY of September. 1899, at u o'clock NJ
FRANK L.. WILCOX, .
au50-tdm Secretary
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-09-05
WEATHER lyEl REPORT.

Washington, Sept. A. 81
g Weather forecast for Tuesday and
A "wednesday: G. ii Z
b Virglnia-F'air Tuesday; Wednesday
fair and warmer; fresh easterly. shift
ing to southerly winds.
4 North enthusiastically fair Tues
day and Wednesday; fresh southerly
winds.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-09-05
WATT RETTEW SsS Gta a s@
IlM'tlagnifiiigisl III :I|s
1T';aiIlo d adli & Sill
for Autumn; q 81
A-}S8M

: From ! al. among ], the prod 3; ucts
OF America'sale ding tailors Ws &
picked and chose, with grsatasI
est care, such suits as s5 Ne 4 knew new,
would meet5theS exacti iii taste ~
OF Norfolk'sS best dressed
men. ST 81
We looked into every B u 33littleS
detail of the construction offss
these suits. We satisfied Is lIf-
selves that what We selected &
right inside ass vel L asS
outside. kno owing that fancy
and high-priced Innings often
cover multitude Of taiIors q
sins, we looked behind the lin
ings. Weinsisred upon having
the suits laid opensto d /. our iilri-8
spection. We were content
with knowing that the frame !
was right-We had@to see the
vitals. sass
The result is We can safely !,
say that
OUR SUITS EMBODY3 TEE .5,
GREATEST POSSIBLE WORTH
FOR THE LEAST POSSIBLE e
PRICE.
You can depend upon thu
styles of the Wv. R. 6 CO
Suits as being right. They
are the most-favored styles as
set BY Americas recognized
style settlers.
The prices are 81, SIS. 80
$40, on up to $50 a suit.
Watt, RetteW &CIay
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-09-05
STOCKHOLDERS MEETING.

A general ,mec!inE OF tho stockholders
or the Virginia Electric Company is here
by called 10 be held ut the Office OF The
company, No. III Min street, In the city
or Norfolk. at 10 o'clock Il. IN. of THURS
DAY. October 9Th. 1890.
JOHN T.. WILLIAMS c SONS,
Stockholders hold!ng together more Than
Virginia Electric Company.
see-t!lloc5 Pres.dent
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-09-05

TEMPERATURE. RAINFALL AND
HUMIDITY.
September 4th, 1899. Z
Maximum temperature ;. ;. 1890. 50
Minimum temperature 49,. -. -. e
Normal temperature 49,. :. ...... n
Departure from normal -. minus 3
Departure from normal since Janu-
Rainfall in past "a hours. ;. -. %
Rainfall since first of month";. -. %
Mean relative humidity -. ........ 81
CALENDAR.
:. s. Sun rises at 6;s9 a. m. and sets at
6:2f p. IN.
TIDES.
Norfolk-High water at 900 n. m. and
S:i1 p. M; low water at 2:5S u. IN. and
3:17 p. m.
Old Point-High water at S:4S n. m.
and $3.50 p. M; low water at a:S7 a. nj.
and 25G p. m.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-09-05
Norroik nnd Vicinity.
WEATHER FORECAST FOR

TO-DAY.

Fair and warmer; easterly. shifting
to southerly winds.
Evening star., 1899-03-06
klPLlNG DEAD
Little Daughter of the Author Passes
Away This Morning.
Her Father May Not Be Notified fol-
Fear of Making His Con-
dftiOn Worse.

NEW YORK, March 6.-Josephine Kip
ling, the six-year-old daughter of Rudyard
kipling, and the eldest of his three chill
dren, died shortly after six O'Clock this
morning from pneumonia. The child S
death took place at the home of Miss Julie
De Forest, in this city. Miss De Forest is
a friend of the Kiplings, and Josephine had
be nursed apart from her father.
The girl became Ill the day after Mr.. Kip
ling took to his bed. The doctors soon dis
covered that the disease was the same as
that which had brought her father to
deaths door. She had all the attention and
all the skill employed to save the life of
her father. DR.. Conland, the Kipling fam
lily physician, came down from BrattIeboro
VT, and, with DIR. Janeway, succeeded in
warding off the evil effects of the disease
until today. 1t is not definitely known
whether the news of the death of his child
was communicated to Mr.. Kipling, but Il
was generally believed that his condition is
such that the physicians will not tell him
until he is stronger.
Elsie, the three-year-old daughter of the
author, who is sick in an out-of-the-way
apartment in the hotel, is doing nicely, ac-
cording to the mornings report of Mr.. Dou-
bleday.
Rudyard Kipling continues to improve
having slept naturally the greater part of
last night He has taken no solid food, and
it may be week before he is able to do
so. He is subsistng beef extract milk
and other fluid nutrients. Elsie, MIR Kip
nngs three-year-old daughter, passed
good night.
Evening star., 1899-03-06
CANDIDATES FOR COMMISSIONS.
Secretary AIEer Resieged for Military
Appointments.

Secretary Alger was fairly overrun today
by congressional callers, nearly every one
of whom had one or more candidates for
appointment in the regular or volunteer
army under the terms of the reorganiZa-
ton act. 1t is safe estimate TO make
that 10 per cent of the officers in the pres
ent volunteer army are anxious to remain
in the service, particularly if they can do
so with a commission in the regulars.
The Secretary, in answer 20 n question
today, said that he had not yet been able
to make any selections for appointment 1t
appears that there is some doubt as to
whether the appointments of officers for
the volunteer branch of the service under
the new law will now have to be deferred
indefinitely. 1t is cited in the case of the
major generals provided for that they shall
be appointed in the ratio of not TO exceed
one for every 1900 enlisted men, and IN
the case of brigadiar generals, one for
every 4,Oeo enlisted men actually in ser
vice" That would seem to postpone the
appointment of these officers necessarily
until such tfme as the volunteer regiments
shall have actually been recruited, and as
there is a disposition at present to get
along without these volunteer soldiers as
long as possible, the chances of any ap-
pointments being speedily made in the ,ffi-
GERS, grades are not very bright.
Evening star., 1899-03-06
PROF. WOODS DISCOVERY
Reproduces Natural Colors by Diffraction in
Photography

MADISON, Wis, March 6.-Professor R.
w. Wood of the University of Wisconsin,
the originator of the electrical thawer, has
a new method of photographing in natural
color.
Professor Wood reproduces the colors by
diffraction, a method not hitherto tried
and though at present the production of
the first finished picture is somewhat
tedious, duplicates can be printed as easily
as ordinary photographs are made.
The pictures are on glass, and are not
only colorless, but almost invisible when
viewed in ordinary lights, but when placed
in viewing apparatus, consisting of a
convex lens on light frame, show the
colors of nature with great brillancy. Pro-
fessor Wood today said: The finished PIC
ture is simply diffraction grating of var
liable spacing. In other words, il is a trans
parent film of gelatine with very fine paral-
lei and equidistant lines on it, about 1000
to the inch on the average. The colors de-
pend solely on the spacing between the
lines, and are pure spectrum colOrS, or mix
lures of such, the necessity of colore1
screens or pigments, used in all other pro-
cesses except that of Lippman, having been
overcome. The pictures can be projec led
on a screen by employing a suitable I'm
tern, or can be viewed Individually with
very simple piece of apparatus consisting
of lense and perforated screen mounted
on a frame.
"A popularity of the process is that there
Is no such thing as negative in it. / have
printed half dozen pictures in succession
one from another and all are positive ard
dlstlngulshable from each other"
Evening star., 1899-03-06
RESTORATION OF PENSIONS,
Dilemma of Those Pensioners Who
Enlisted During the Recent War.

Enlisted During the Recent War.
There are several examiners at the pen
sion Office who have been having a good
deal of fun over the bill to restore the PEN
sions of those who voluntarily surrendered
them in order to participate in the war
with Spain
1t is a wellknown condition precedent to
enlistment in the army of the United States
that the applicant be sound, botn mentally
and physically. So that it would appear
that the pensioners who enlisted in the war
with Spain were not only sound In mind
but in body. 1t appears from the records
that there were several hundred such cases,
and the pensions surrendered amounted to
many thousands of dollars year. The ex-
aminers are wondering how it is that men
pensioned for disability could enter the
army with clean bill of health and an an
proved examination as to physical condi-
ton. One Of these examiners, himself an old
soldier, a prominent member Of the Grand
Army, and in sympathy with the organtza-
ton, said to a reporter of The Star re-
Gently:
''It seems to me the war with Spain has
demonstrated better than any other argu-
ment I know of a feature of the MANY
frauds that are practiced against the gov
ernment. I have in mind the case Of
man who was pensloned,. and If remem-
ber correctly, 1t was at $50 month. and
this rating means either the loss of a hand
one foot. inability to perform manual labor.
or total Deafness So you see, the pen.
sioner OF any one of these grades would
certainly not, under the law, be such an
embodiment of physical perfection as to
entitle him to commission in the army.
Evening star., 1899-03-06

officers and 1.196 men. Besides these ves-
sells, the Roanoke, with fair-siZed detach-
ment of recruits from San Francisco for
the various regiments already in the archi-
pelago, has gotten good start on the way
to Manila, and the transport Valencia
sailed from San Francisco yesterday for
Manila with $50 recruits for the infantry,
of West Point. graduates assigned to duty
with various. companies in the Philippines.
Under Orders to Go to Manila.
To swell this formidable list of men al
ready on the field and Ell route, five regi-
ments of infantry and the crack 9th Ar
tillery Except Companies D and CD. with
an approximate strength of 1900 men, are
under orders to proceed to Manila at the
earliest opportunity. These reinforcements,
which will go to the archipelago by way OF
the Pacific, are as follows: The 9th United
States Infantry. now at San Antonio; the
9th United States Infantry. at Madison bar
racks: the 18th United States Infantry IN
New York state: the 18th United States
Infantry, at Fort Crook and neighboring
points. and the 21st United States Infantry.
at Plattsburg n. Y, and the 9th United
States Artillery, now scattered along the
Atlantic coast at number of points.
These regiments are row making prep
arations for the start for Manila, but the
date of departure has not yet been fixed.
1t is stated at the War Department lhat
they will likely get away about April 1,
though possibly a little later, but are ex-
conditions are satisfactory when they reach
Manila il is likely that corresponding
number of volunteers may be brought
home.