davidaulloa/AmericanStories huggingface dataset:
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-04
JONES v. w. & w. r. CO.
Supreme Court of North Carolina.
November 81, 1899.

u'iciiC SuuTt OF NOTtn Carolina.
November 81, 1899.
IN AN ACTION FOR MALICIOUS
= PROSECUTION THE COURT
sssHoULD NOT LEAVE TO THE
JURY TO DETERMINE WHAT
. AMOUNTS TO PROBABLE CAUSE.
MALICE CANNOT BE SHOWN
AGAINST ONE WHO swoRE OUT
A WARRANT BUT HAD NOTHING
TO DO WITH AN ARREST, BE-
CAUSE OF THE MANNER OF THE
ARREST.
WAIVER OF EXAMINATION IN Or
DER TO GIVE BOND FOR APP
PEARANCE IS AN ADMISSION OF
PROBABLE CAUSE.
The facts are shown in the opinion of
the Court.
TtThe Court says:
g The plaintiff was arrested under a
warrant sworn out at the instance Of
the defendant, in which he was charged
with unlawfully injuring the telegra oh
poles of the defendant. and also with
Iunlawfully and maliciously throwing
stones at their trains. The PLAINTIFF
s&dlNGQ examination be-
fGTe the Justice OF the peace and gave
Bond for his appearance at the next
term Of the superior court. A bill of In
allotment was sent to the grand jury,
but 1t was ignored, and the plaintiff
discharged, and soon thereafter this ac-
ton was commenced by the PLAINTIFF
against the defendant for malicious
prosecution.
AT the request of the plaintiff, the
court instructed the jury that what
amounts to probable cause is mat
ter, for the jury and in this case the
PLAINTIFF must show by the weight of
Che evidence that the defendant COM
pany acted, In taking out the warrant,
without probable cause, and, where
there is a total want OF probable cause,
the jury may infer malice almost as q
necessity. as q prosecution totally
groundless cannot be accoun ed for in
npy. other way" The defendant except
ed.
Leaving out any discussion as to
whether the latter part OF the instruc-
ton had any proper connection with
the former, part. 1t Is clear that the for
mer part IL erroneous. In actions for
malicious prosecution. whether there
was probable cause for the conduct of
the prosecutor Is n question of law,
but the jury must find the facts which
constitute 1t. In such act ns after the
evidence has been given. If. in the opin-
ion of the court, the testimony OF the
witnesses satisfies the court that the
prosecutor commenced the prosecution
upon the honest and reasonable belief
that the accused was guilty, 1t would
4 be its duty to submit the matter to the
jury with an instruction to the effect
that, II they believed the witnesses,
probable cause had been shown. If, on
the other hand, the court should be OF
the opinion that. even taking the evil
dencs as trua. It did not constitute
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-04
Death of Hrs Ronaldue.

The many friends of Mrs. Elizabeth
Runaldue, wife Of Mr.. q. A. Runaldue
will learn with sorrow of her death at
her residence, No. IL Shields street, at
5:35 n. m. yesterday, in the 37th year
of her age. The deceased was a lady
Of many excellent traits OF character
The funeral will be held from the First
Baptist Church at 8 o'clock this after
noon.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-04
installation Services.

Minerva Tribe No. 100. Improved Or
der Of Red Men. will install their cleo
tive and appointive chiefs at their
council sleep this evening, after
which there will be n smoker. The
chiefs are invited to attend the same.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-04
Returned to lynchburg.
Tuesdays Lynchburg News.)

Mr.. and Mrs. Elmo Stone arrived in
the city yesterday afternoon. They
were married in Norfolk last week.
Mrs. Stone was Miss Cossie Tanner,
beautiful young lady who was prior to
her removal to Norfolk, popular resi-
dent of Lynchburg.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-04
LAMBERTs POINT.

About sixty-five mechanics are en-
gaged in rebuilding the Norfolk SILK
Companys factory. which was recently
destroyed by fire. The work is being
rapidly pushed forward. and 1t is con-
fidently believed that the building will
be completed in time for the factory to
commence operations about the last of
March.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-04

DYSPEPSIA CAN BE. and is cured bv
the use OF PAIN-KILLER. This is the
most wonderful and valuable medicine
ever known for this disease: Its action
upon the system IS entirely different from
any other preparation ever known. Tha
patient while taking this medicine may
oat anything the appetite graves Avoid
substitutes. there Is but one PAIN ilfcr.
Perry Davis. Price &c and Zoo. =
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-04
ADJUSTMENTS. /.
MISS MARIE A. WALSH AND THE
PERSIAN GARDEN.

| H f
Miss Marie A. Walsh will deliver two
lectures while in Norfolk-one before
the literary societies Of the twin cities
at IL o'clock this morning at the Y. NJ.
Z. a.. and the other at the Academy of
MUSIC tonight at Sis o'clock. The
morning lecture at the 7. NJ. C. A. will
pc on Oriental Literature" The night
lecture at the Academy will be on
echoes from the Orient; or Some
Modern Discoveries Of Latent Powers
IN Man," and is the fourth number Of
the Norfolk Protestant Hospital music
and lecture course. The song cycle I'm
PERSIAN Garden" will be given at the
night lecture by prominent Norfolk
singers, portion Of it coming before
the lecture and portion after. The
stage will be suitably decorated and the
occasion promises to be one Of unusual
attractiveness and interest, combining
beauties which will at once appeal to
the eye, to the ear, as we'll as to the
intellect.
"THE OLD HOMESTEAD"
Denman Thompson in his creation of
Uncle Josh will again be seen at the
Academy Of Music next Monday night.
for one performance only New Eng
land Is the land OF homesteads, and the
schoolhouse Of patriots, and their seed
Is scattered over the length and breadth
of America. Denman Thompson's name
Is household word with them, as he
brings with him the atmosphere of
their old homesteads. Uncle Josh is the
man they saw swinging scythe in the
meadows of New Hampshire. He Is the
real thing, was born and raised there,
and what he says Is genuine, and no
make-believe about 1t. He us surround
ed by living. breathing characters that
belong to the soil, and Uncle Josh is
always sure Of a welcome. Sale OF seats
Will commence tomorrow morning.
WILBUR-KIRWIN OPERA CO.
Good opera at Is, rs, 35 ana SO cents,
for five nights and two matInees, be-
ginning next Tuesday. For many years
the Wilbur-Kirwin Opera Company has
been recognized as n potent factor In
American theatricals. During this ne
Rod of time numberless companies
i-haye grown, thrived-and fallen blythe
wayside. while the Wilbur Iirwin has
gone on the even tenor OF its way
the only organization which has now
been in continuous service since the
days of the first production OF the Mas
cot. The Wilbur Kirwin standard light
opera attraction at popular prices. In
addition to giving hrst-class opera,
Miss Kirwin has augmented her attnac-
ton by adding polite vaudeville be-
tween acts. The chorus is said to con-
tain some of the prettiest girls in
comic opera The company numbers 80
people and sings twenty operas.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-04
HOME KILLED MEATS !

THE ONLY KIND WE sELE-THn
ONLY KIND YOU WILL USE AFTER
YOU UNDERSTAND THE MEAT PRO-
BLEM. 1T WILL PAY YOU no SEND
US YOUR ORDER FOR A NUMBER
OF REASONS. y,
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-04

jupreme Court of Appeals of Virgin
December z, 1899.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-07-04
IAIEsI NEWS OF THE WORLD BY

the platform and Presidential
candidate. The most remarkable fea-
ture of the situation was the sudden
SHIFT of sentiment since yesterday,
When the dominating influence of MIR.
Bryan was everywhere manifest.
whereas to-day many delegations took
Iormal action against specific 16 to
l declaration. which Is supposed to be
MT. Bryan's sine qua non. The move
ment took form early in the day among
some OIL the most influential men of the
party, not through any spirit of oppo-
uition to Mr.. Bryan, but because they
believed the overwhelming sense of the
ueieGates was favorable to Il simple re-
animation of the Chicago platform
wllhout specific declaration for 16 to
l, mat 49, a conservative instead of q
radical financial platform.
AS explained by one of these leaders.
a man foremost in the councils of the
party:
We have nothing authoritative be-
tore us, showing that Mr.. Bryan insists
upon the 16 to L declaration. TO be
sure there are reports and rumors, and
the Nebraska delegates may or may
not represent his views. The platform
committee would doubtless yield TO the
expressed wishes of Mr. Bryan, but
when the time comes the questions will
De asked: WHO says MIR. Bryan in
sistes upon this, and show us the in
sistence"
I'm all probability it will not be forth
coming and the platform committee
will follow its own dictates as TO the
proper course to pursue. There is no
doubt that the personal conviction of
the members Of the platform commit
tee will be for n conservative platform,
q simple reafiirmation of the Chicago
platform, emitting specific reference to
IL to /. l have no doubt Mr.. Bryan
would accept such u platform il 1t
went before him as the Will of the con
vention. The fact is, We think it
rather unjust to place Mr.. Bryan in
the attitude of dictator making de-
mands. and we are proceeding on the
theory that these so-called demands
are not in reality being made by him."
NEW YORK LEADS OFF.
The force of this movement began
to make itself apparent us the day I'D
vanced Ohio led off. and after n
short fight overwhelmingly instructed
It's representatives on the platform
committee. Judge Chapman. to work
for n simple reafiirmation OF the Chi
cago platform. without a specific 16 to
| declaration. This decision was made
In the face of n protest by Tom John
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-07-04

asked for explanations regarding she
credits for operations in China. He
took a gloomy view of the outlook
saying he thought troubles might arise
out OF the quarreIs between the Pow
ers regarding their respective spheres
OF influence.
NJ. Delcasse. Minister of Foreign AZ
fairs, replied that France had no de-
sire to make war on China. but could
not shrink from the duty of protect
ing her citizens and obtaining for them
the same guarantees as offered to
those who visited France.
Continuing, NJ. Delcassc said: 1--WE
nourish no secret design. Common
danger demands n common aim and
common efforts. This necessity Is real
lied by all the Powers. I assure the
Chamber that France will neglect
nothing to strengthen the sentiment of
human solidarity. which will prevent
the Powers from thinking of anything
which might divide them.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-07-04
Emperor William WIN Avenge.

Berlin. July 3.-Addressing the de-
taohment of German marines which
sailed from Wilhelmshaven for China
yesterday the Emperor made remark
able speech, during which he notified
the world of Germany's intention TO
avenge the murder of Baron Won Ket-
teller, the late minister of Germany at
Pekin. and the missionaries, and to
dictate terms to the Chinese from the
palace at Pekin. His Majesty spoke
as follows:
The iirebrand of war has been hurl-
ed in the midst OF the most profound
peace. Unhappily this was 60 me not
unexpected. The crime is unspeakable
insolence; horrifyinS in it's barbarity
that has been committed against the
person of my trusty Representatives.
and has taken him from us. The min
listers of the other Powers hover be-
tween life and death. and with them
comrades sent for their protection. 1t
may be that while speak they have
already fought their last fight.
GERMAN FLAG INSULTED.
1.-THE German flag has been insulted.
and the German Empire treated with
contempt. This demands exemplary
punishment and vengeance. Events
have moved With frightful rapidity,
and have become profoundly grave
and still graver Since l called you
to arms what 1 hoped to effect with
the help of the marine infantry has
now become difficult task which
can only be fulfilled with the help OF
the ranks of all civilized states.
II will not rest until the German
flag. Joined TO those of the other Pow
ers. floats triumphantly over China's
flag. and until 1t has been planted on
the walls of Pel<in to dictate peace
to the Chinese. You will have to main
tain good comrades with all the other
troops whom you Will come in contact
with over yonder. Russians, British
and French. all alike. are fighting for
one common cause-for civilization"
EXPRESSION IN FRANCE.
Paris. July 3.-In the Chamber OF
Deputies to-day NJ. Sembat, Socialist,
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-07-04
the city would be heard fighting
around the legations.
FOREIGNERS MAKING LAST
STAND

Sir Robert Hart's runner, who was
interviewed by the correspondent OF
the Express at Shanghai. supplements
the tragic sentences of the dispatches
he bore by narrative of some things
he saw. He says the foreigners were
making last stand in the extensive
buildings and enclosures of the Brit
ish legation. They had many dead and
wounded. Among them were some wo-
men and children. All were short of
food, even of the commonest necessa-
ries. The women were starving as they
gave part of their small allowances
to the children. The foreigners, never
theless. were holding out under ter
rible fire, upheld by the hourly eXpec-
tation of relief.
They knew they would not be aban-
doned, and that the armies of their
governments were advancing. Some
times they thought they could hear ar
were unable to return the fire of the
Chinese. except at moments when an
assault seemed imminent. Then the
machine guns and repeating rifles tore
the storming parties to pieces. The
messenger expressed the belief that 1t
would be impossible for the foreign
ers to resist much longer, as the Chi
nese were preparing TO batter down
the walls of the courtyard. and their
ammunition was running low.
KILL THE FOREIGN DEVILS.
Orders were given by Prince Tuan,
the messenger says, that since since
some had been killed, not one other
foreigner should be left alive. The
Chinese soldiers were eXhorted to sac
riiice their lives without hesitation II
by so doing they could help extermi-
nate the yang kuer Use" Extreme
precautions had been taken to prevent
the foreigners from communicating
with any one outside the city, and a
number of runners who had been sent
out were killed by the Chinese.
This messenger succeeded in getting
through by smearing his face and
clothes with blood and joining in the
outcries against the devils" He
passed the remains of foreigners OF
Admiral Seymour's force who had been
killed between Lang Fang and lie Flu.
Their bodies had been cut to pieces,
and their heads were being carried ut
the ends of bamboos. large army
OF Manchu Chinese imperial troops,
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-07-04
son. that it was opposed to Bryan's
NelI-kpnwp 1visboc

son. that it was opposed to Bryan's
Well-known wishes.
The Florida caucus followed suit
soon after by instructing its platform
member Mr.. Gibbons, to oppose n spe-
cific plank of 16 to /, and to work for
Il reafiirmation of the Chicago plat
form.
At the West Virginia caucus the
same sentiment was manifested, on the
ground that they would give fighting
chance TO West Virginia.
The Georgia and Rhode Island dele
cations expressed like tendency.
The Wisconsin delegation, in caucus.
discussed similar action. but hesitated,
and finally postponed their determine
ton.
The Michigan delegation also came
out for simple reaflirmation.
And aid from these formal proceed
ings against the 16 TO l specific declar-
alton, 1t is understood that Pennsylva-
MIA. Indiana. Illinois. part of New
York and other influential delegations
share the sentiment for "conserva-
tive as against radical" platform.
BRYAN IS COMING.
Kansas City. Mo, July Sunless
plans perfected tonight are upset GIr.
Bryan will attend the National Demo
cratic Convention after his nomination
Ii he is put in the field early enough
so. a formal invitation has been OK
tended to him and he has said that he
would accept.
This fact was brought out in the
afternoon meeting of the National
Committee to have the nomination for
the Presidency made tomorrow If pos
sible.
The desire on the part of the member
to accomplish this end was developed
at the close of the session. and it was
brought to the surface by an invitation
to the committee from the citizens of
Kansas City to take n tallyho ride to-
morrow evening. This invitation was
extended by Ex-Governor Stone. of Mis-
souri,. When it was presented Mr..
Clayton took the floor in opposition to
its acceptance. saying that there was
n well defined and general wish that
Mr.. Bryan should be placed in nomina-
ton on the Fourth of July, making a
fitting Democratic celebration of the
national anniversary. Senator Kenny
smoke in the same strain and Senator
Jones descended to the platform TO add
his voice in support of the proposition.
All agreed that such a nomination
Continued m 0a0n q
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-07-04
FOREIGN MINISTERS
SEEM DOOMED
Battling for Life at the British
Legation-End Draws Near.
PROVISIONS NEARLY CONE
Also Short Emperor william
Will Avenge Baron Won Ketteler's MUIR
der-Ho Says He. Will Dictate Terms to
tho Chinese From tho Palace at Pclsin-
Prince Tuan Orders Boxers to Kill All
Foreigners A Message From Pekin
Tells Talo of Horror
(By Telegraph to virginian-PIlot.)

(By Telegraph to Virginian-Pilot.)
London. July 4.-(2:3o a. m.)-Cou-
riers who are arriving at the seats Of
government of the Southern Viceroys
from their agents In Pekin give vivid
but fragmentary pictures of what Is
being enacted in the capital. These
couriers seemingly left Pekin n day or
two later than the messenger of Sir
Robert Hart, the inspector general OF
customs. who started on the night Of
June "a They report that the heads
of some of the captured legation
guards were being borne through the
streets at the top of spears, followed
by zealots chanting "tapi yang lluei
tae; tapl, tapi" (kill the foreign devils;
kill. kilD.
The city's millions have been reused
to patriotic ferver, breaking out into
the widest excuses, while over half
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-07-04

mont upon a policy OF neutrality, at
least. The last and the greatest OF
these Niceroys gave in his adherence
to-day, according to the State Depart
ments advices from Consul McWade
at Canton. so that the officials feel
reasonably secure for the safety of the
foreigners in the whole territory south
OF the Yellow river which comprises
three-fourths of China. The Canton
rumor that Viceroy Ii has asked for
United States warship to carry him
north TO Tien Tsin was an incident of
tire rast fortnight. He wanted to go
on the Brooklyn. and while Admiral
I<cmpti was willing to take him as q
passenger, the Viceroy changed his
mind owing to the periious state OF at
fairs IN his own province.
AMERICAN TROOPS TO LAND.
1t is estimated the Ninth Infantry
from Manila should arrive at Taku to-
night or tomorrow. They will be the
first of the United States regular
troops to land on Chinese soil. Secre-
tary Root said to-day that lie had not
ordered any more soldiers there He
has selected the Fifteenth Infantry as
the next regular regiment to be sent out
to Manila, and this organization will,
like the Sixth cavalry, touch at Nagas-
aki en- route, and may be diverted to
Cn;na il needed. The Fifteenth will
scarcely be able to sail for a month.
They vii, go by way of San Francisco.
London. July 3.-In Parliament to-
day Mr.. Frederick, in general reply
to previous speakers. said the govern
ment was in maze of uncertainty.
The suggestion that Lii Hung Chang
be appointed regent fnerited considera-
ton among many possible alterna-
tives. He had reason to suspect that
the American Admiral dissented from
the others regarding the attack on
Taku. but the government hoped Ja-
pan would supplement the considera BILE
contingent of troops already landed
and the government did not think any
Power discouraged the idea of Japan
undertaking the WORK.
In conclusion. Mr.. Broderick in
formed the House that the government
could not discuss the future govern
ment of China. its sole occupation
at present being to save the lega-
tions.
FOREIGNERS AT PEKIN DOOMED.
London. July $3.50 p. m.-The fact
that relief column has been una bile
to leave in response to the pathetic
prayer of the beleaguered legations at
Continued on Page q.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-07-04
tBy Telegraph to virgInlan-pllo,.,

Washington. July 3.-The important
news that came 20 the State Depart
ment to-day from Consul General
Goodnow. at Shanghai. respecting the
conditions at Pekin. has gone far to
enlighten the officials as to certain
POINTS that were shrouded In uncer-
tainty and doubt. The Consul Gen
erals advices show that the imperial
Chinese Government is not implicated
in the attack upon the ministers and
the missionaries. and confirms what
the State Department has all along
suspected, namely, that state of in
sufrcction exists in Pelkin and the
province Of Chile. and that the rising
must be treated as such. The officials
here are gratified at the successful
working out of the policy adopted some
days ago of consolidating the great
Viceroys south of Pekin in an agree
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-07-04
sArTLEsnIp OREGON FLoArED.
PORT ARTHUR DOCK TOO MAR
ROW FOR HER-SHE WILL
HAVE TO STEAM 600 MILES
TO NAGASAKT
(By Telegraph to Virglnlan-P ilot.)

(By Telegraph to Virginian- Pilot.)
Shanghai, Monday. July 2.-The UNI
ted States battleship Oregon (Which
ran ashore off the Island of Hoo Kio,
in the Mao Tao group. IS miles north
east of Che Foo June 2S.) has been
hoated off and is expected to reach
Port Arthur safely.
Washington, July S.-Secretary Long
this morning received the following
cable message from Lieut. A. L. Key.
naval attache at the United States le-
cation at Toxic. Japan, In regard to
the docking of the Oregon:
Toxic. July 3.-Secretary Of the
Navy, Washington: Port Arthur too
narrow. If Oregon cannot dock at Ma
gasaki Japanese Navy Department
tenders use of either Kurs or Yoksuka
docks. Offers any assistance desired.
Has cabled Akitisushima from Che Foo
to the Oregon. Have cabled Wilde Of
fer of docks.
KEY"
The naval officials are disappointed
at the statement that the Oregon can
not be locked at Port Arthur. as that
place is only about sixty miles dis
tant from where she struck. Nagasaki
is 500 miles distant, but can be reached
by the Oregon without venturing far
outside OF the tolerably smooth waters
of the Gulf of Pechili. If the docks
there are too small. then she must
push on to the 1okoksuka docks.
These are located just below Yoke
hama in the harbor. The Kuro docks
referred to are supposed to be the
Kobe docks. The difficulty in the
case of the oregon is that she is fitted
with bilge and docking keels, making
her very broad in cross sections at the
bottom, and consequently unsuited to
even large dry docks of the ordinary
construction.
Tho Japanese vessel Akitsushlma,
which Lieut. Key reported as going TO
the help of the Oregon. Is the famous
cruiser which covered herself with re-
nown at the battle OF Yule.