The news & observer., 1900-12-28
A STRONG MAN
PASSED AWAY
Mr.. R. 0. Burton, of This
City, is Dead.
DIED AT REX HOSPITAL
His Death Came Yesterday Morning
at Two O'clock.
DIED AT REX HOSPITAL
THE RESULT OF A coNGEs1lyE CHILL
Tie Was One Of the Purest Men, Best Citizens
and Ablest Lawyers Of the State. He Will
be Buried Near His Old Home
in Halifax County.
in Halifax County.

Mr.. Robert Oswald Burton died at
Rex Hospital about 2 o'clock Wednes-
day night. His death was great sur
prise to the city, and a great shock
known that he was i'll.
His death was caused by a severe
congestive chill During the last
summer, he passed through very Sc
we're attack of fever, but recovered
sufficiently to allow him to take
charge of his professional du-
ties. From his recovery until very
recently he has been actively at work,
and has engaged in very important
litigation, appearing in several cases
in the Supreme court and also as at
torney for the defence in the Kilgo-
Gattis trial at Oxford But during a
large portion of that time he has been
unwell, and it is said that when he
delivered his argument in the latter
case he was in high fever.
On last Monday he again went to
Rex Hospital, and on Wednesday
night he died
Mr.. Burton is survived by his wife
and five children-Virginia, Mary,
Elizabeth, Charles and Ann.
Mr.. Burton was the son of Rev.
Robert O. Burton, prominent Metho-
dist minister of the North Carolina
Conference, and was born near Pop
lar Branch, in Halifax county, ON
january 9th, 1852. His mother was
Miss. Elizabeth Joyner, the daughter
of Mr.. Andrew Joyner, who was for
several terms State Senator from
that district. Miss Joyner was Mr..
Burton's first wife, and bore him four
children-Mr. John O. Burton, of We'll
don; Mr.. Andrew j. Burton of Reids-
vile; and Mr.. Henry w. Burton, of
Asheville, and Mr.. II. O. Burton, of
whom this is written.
After her death he married a Miss
Pearson, to which union five children
were born. Mr.. Virginius Burton, of
Weldony- Air.. DANES Fl. Burton, of Well
don; Mr.. Z. III. Burton, of Greensboro:
Mrs. w. l.. Burwell, of Warrenton,
and Mrs. Milford Simmons, of Rich
mond.
Mr.. Burton was educated at Ran
dolph-Macon College, and graduated
there. He soon afterward commenced
the practice of law in Halifax county,
and became the law partner of Hon.
Edward Conigland He married Miss
Mary Carroll, of Warrenton. and after
wards removed to Richmond, Va, and
praeticed la;y. In 1891 he removed to
this place. and has lived here con-
tinuously sirce.
The funeral will be held at 10 o'clock
this morning, az Edenton Street
(Friday) morning, at Edenton Street
Methodist Church. The following gen
tlemen have been requested to act as
pall-bearers: Hon. Walter Clark, Hon.
Walter A. Montgomery. Messrs. r. IT..
Battle, +. IL. Busbee, T. B. Womack.
Spier Whitaker, S. +. Mordecai, +.
Chambers Smith, r. Il. Gray, Bart. NJ
Gatling, ChaS. HI. Belvin, Joseph G..
Brown, B. S. Jerman, Sherwood Higgs,
S. w. Brewer, DR.. Richard HI. Lewis,
and Mr.. r. p. Hervey.
His remains will be taken on the
1890 a. m. Seaboard train to Halifax
county and buried in the family grave
yard, near Roanoke Rapids.
-----
Mr. Burton was a model citizen.
The son of Methodist preacher, who
was long regarded as the ablest minis
ter of his denomination in the State,
he early became a member of the
church of his father, and was regular
devoted to its growth and usefulness
He had the breadth and catholicity
that mark the highest type of the
Christian man.
Mr.. Burton was endowed with two
gifts that gave him success-a fine
mind and unwearied diligence. He
never depended upon his natural gifts,
or his past successes to win his cases.
He depended upon thorough prepara
ton, and he studied his cases and
never went into trial until he was
well prepared. He was not one of
your "cock-sure" lawyers-he had that
quality that made the late Judge
Smith and Judge Strong great law
yers-he was a "doubter." He was
able to see the strength of his antag-
onist's position and to doubt his own
until he had convinced himself by
consulting every accessible authority
He never felt sure of winning a case
until he had it won, and he left moth
ing undone to assure success. His
clients knew that he would give them
his best efforts in every case, and that
his best efforts were such as would win
the cause if victory was possible.
Mr.. Burton's most notable victory at
the bar was when he won the difficult
and celebrated case of State VS.. Will
mington and Weldon Railroad. BY
the terms of its charter that railroad
claimed and exercised exemption from
taxation. The Supreme court of the
United States had affirmed their right
to exemption in a case that went up
before it built any branches. After
it had built numerous branches and
had come to be one of the best paying
railroads in the whole country, the
State felt that even if the exemption
on the main line could hold the
road could not go on building numer-
Gus branch lines and feeders without
subiecting such property to taxation.
There was much agitation of the mat
ter between 1888 and 1891 during the
administration of Governor Fowle. Af-
ter an investigation Of the matter
Governor Fowle and State Treasurer