davidaulloa/AmericanStories huggingface dataset:
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-03
WEBB v. HICKS.
supreme Court of North Carolina.
November 81. 1899.

Supreme Court of North Carolina.
November 81. 1892
THE STATUTE OF LIMITATIONS
DOES NOT APPLY TO A SECOND
ACTION BROUGHT FOR THE
SAND CAUSE AS A FIRST. WHICH
HAD BEEN DISMISSED, IF THE
SECOND is BROUGHT WITHIN A
YEAR OF THE TERMINATION"
OF THE FIRST.
THE TERMINATION" OF A CASE
WHICH HAS BEEN TO THE SU-
PREME COURT is THE TIME THE
FINAL JUDGMENT WAS EN-.
TERED IN THE LOWER COURT
UPON THE CERTIFIED OPINION
OF THE SUPREME COURT.
The point decided will appear from
the opinion of the court.
The court says:
But the defendants. in their argu-
ment and brief. for the purpose of
availing themselves OF the plea of
the statute of limitations, contend
that this action was not brought
within one year from the termi-
nation Of the former action, and
that, II 1t was brought within one year
from that time, it will not benefit the
plaintiff, for the reason that the COM
plaint in the first case did not state a
cause OF action. This last reason seems
to be the only ground relied upon in
the petition, as it is not alleged by the
defendants that this action was not
commenced within one year from the
termination of the former action The
learned counsel do not cite any author
1ty Tor this position, and it seems to be
in conflict with Straus ". Beardsley,
supra. In which 1t Is held that section
166 applied where the first action was
dismissed because the court in which
1t was brought had no jurisdiction. In
that case 1t appeared that the cause of
action in the first action was the same
as that in the second and that the
statute (Code, section 1869 applied. In
this case the cause Of action
is identically the same as that
attempted to be set up in the
former action-the recovery of 1896 &c
for goods sold and money furnished to
M. Med. Williams, agent Of the de-
PENDANTS. And 1t seems to us that it
falls directly within the principle de-
cided in Straus v. Beardsley We
therefore hold that this action Is for the
same cause of action as that in the
former action, and falls within the pro-
visions Of section 166 of the Code, and
is not barred by the statute of limita-
tions IL commenced within one year
from the termination of the first ac-
ton. This question. which seems not
{ toi have been relied upon in the petit
ton to rehear-that this action was not
commenced within one year-seems to
be principally relied on In the argu-
ment here It seems to have been
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-03
Returned to School.

The public and private schools which
adjourned for the holidays resumed
their sessions yesterday. with no dimi-
mutton in attendance. Many young men
who were at home from Lexington.
Charlottesville, Hampden- Sidney, VIII
liamsburg. Baltimore, Richmond and
other points, gathered up their traps
and took the cars yesterday. prepare
tory to entering upon their studies this
morning with renewed zest.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-03
COURT At DECISIONS.
Notes Of Cases Recently Decided,
Which are Of Interest to
Our People.
picEsTED BY w. B. MARTIN.
Exclusively for virgln,an-Pllot.)
N. & W. R. CO. v. MARpoLn

- w. ~ w. v. MAttfOhG
Supreme Court Of Appeals OF Virginia
November JIG, 1899.
1T is NEGLIGENCE FOR A RAIL-
), ROAD COMPANY TO OPERATE
ITS ROAD WITH AN OVERHEAD
BRIDGE TOO Low FOR ITS EN-
PLOYES TO PASS UNDER WITH
SAFETY WHILE STANDING ON
TOP OF ITS CARS; BUT IF AN EN-
PLoYD KNOWS, OR OUGHT TO
HAVE KNOWN. OF TEE DANGER
GUS CONDITION OF THE BRIDGE,
AND AFTERWARDS CONTINUED
IN TILE SERVICE OF THE COM
PANY. HE ASSUMED ALL THE
RISKS PERTAINING TO THE EN-
+ PLOYMENT.
THE JURY MAY IN ESTIMATING
DAMAGES FOR PERSONAL IN
JURIES CONSIDER MENTAL AS
WELL AS PHYSICAL SUFFERING.
This was an action for damages to
brakeman of the railroad company de-
tendant, because Of injuries caused him
oy being struck by bridge while he
was standing or walking on the top of
the cars passing under said bridge.
There was Judgment for plaintiff, be-
low and defendant APPEALED.
The court says:
Defendants instruction No. l.. re-
FUSED by the court, told the jury that
although the bridge Ia question was
constructed too low to enable the
plaintiff to pass under 1t standing on
the top of the train, and although no
signals had been placed to give him
warming of his approach TO it, yet If
ne had knowledge or oportunftty to ac-
quire knowledge Of the condition of the
bridge, and after such knowledge or
experience he continued in the service
or the company, he assumed all the
rlsks pertaining to the employment.
according to plaintiffs own testf-
mony. he had been in the employ OF the
defendant for more than six years; had
passed under the bridge In question in
the day, as we'll as at night, when on
MS run between Hagerstown, Md, and
Roanoke, Va.
He knew, or ought to have known.
that the bridge was too low to permit
MIN TO pass under it while standing on
Top OF the train. and that there were
no signal lights placed at the bridge at
night. or warming ropes near it,
i'etendants Instruction No. properly
pronounced the law and should have
peen given without the qualification
contained in the latter part OF tho In
struction given by the court in licu
thereof
Mental suffering. when Connected with
bodily injury is always to be consid
cred in damages. Where there is bod
ny injury, such as the evidence tended
10 show In this case, mental suffering
necessarily enters into the considera
tion Of the damages which should be
ahowed by the jury. IL they find that
me pIaintir Is entitled to damages for
the bodily injuries he has sustained bv
reason of the negligence OF the defend
ant. Reversed.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-03
odd Follows Install Officers.

Harmony Lodge. No. 10, I. o. o. F.,
gathered in force last night. and was
honored with the presence of many
visiting brethren, to witness the install
lation OF officers. whose election was
at the time reported in these columns.
The ceremony was invested with add
ed interest by the fact that 1t was
performed without hitch by men to
whom such work is as an open book.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-03
guests. ana seemed very happy in their
THE PROGRAM.

1H11 4 1NNO1f<f4u.
After supper, came the musical and
literary program. which was very en-
1oyaole feature. It was as follows:
Solo-Miss Mamie Ewell.
Recttation-Miss Pearl Addison.
Solo-Miss Norma McGrath
Kecitation-Niiss Belle Parlette.
Solo-NIiss Eulah benson.
At the close Mr.. Walton made a fevr
remarks. wishing all present n happv
ana prosperous New Year, and hoping
10 see them all present under similar
circumstances in January, 1901. Thus
ended one of the most pleasant oc-
casions in the history of the Union Mis-
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-03

THE GALE JEwELRY CO.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-03

Chritmas Is near at hand and we
have been mindful of it. and as q re-
suit are more prepared to show ono
of the best-selected stocks OF diamonds
watches. jewelry and silverware to be
FOUND ir-the- tsfs--0a-pri ees-.,a1-r=
been marked down to ensure ready
inspect our goods before purchasing
elsewhere.
THE GALE LEWELRY co
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-03
orHE UNION MISSION.
ANNUAL NEW YEARS SUPPER TO
THE POOR.

The Union Mission on lower Church
street presented a most animated sight
last night. the occasion being the usual,
New Years supper to the poor of the
~. by the generous people of Norfolk.
The chapel In which the regular rcll-
Iious services are held was prettily dec
grated with mistletoe and evergreens in
honor of the occasion. On the wall In
rear of the pulpit platform was large
canvass, on which were inscribed in
bold letters the familiar motto: ~ Hap
Dy New Year." while to the right and
left was the inscription: Love Con-
Quers the World"
About z o'clock crowds could be seen
vending their way to the mission. and
in short time the building was filed
with visitors. who had come to share in
he bountitul provision made for them
In the main audicnce-room five tables
had been arranged for the occommoda-
ton of the guests, on which supper had
been provided for lao persons. Those
who occupied these tables were the
friends of the mission and the attend
ants upc3 me regular services held
there. To the left of the chapel is the
library and reception rooms. in which
table sufficient to accommodate not
less IMAM. nifty guests had been set, tho
seats around which were occupied by
men who work around the wharves and
others who congregate in the saloons
In the neighborhood of the mission and
who seek lodging there at night
At $50 o'clock Rev. Robert w. Webb
pronounced blessing. after which the
superintendent. Rcv. Harry T.. Walton.
extended cordial invitation to all
present to make themselves perfectly
at home and to enjoy themselves in
every way except to walk the cake
walk" Following was the
MENU.
Turkey, roast beef. ham. corned beef,
potato salad, celery. bread, hot coffee,
and oranges and apples.
Over two hundred persons were fed,
and when all had finished there was
enough left to feed as many more
The ladies of the w. c. r. u. and
"Y's." who were largely Instrumental
in getting up the supper. were present
In large numbers. and they spared no
pains in attending to the wants of the
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-01-03

Newest Discovery" extracts teeth
painlessly N. Y. Dental Rooms only.
No. 324. corner Main and Talbot SITS.
N. e. Of monument. established nearly
20 years. Ennes. Dentist. New phone.
1851.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-01-02
WARRANT OUT FOR WHALLEN.
CHARGED WITH TRYING TO BRIBE
SENATOR HARRELL.

senator HarreII's Report of the Af-
fair, the Sensation of the Demo-
crntic Caucus at FIankfort-Hnr-
reIl's Story of the Denl-GOebeI
Men Hold the Fort and VIII Or
ganize Both HOuses-Entire GOebel
Slate Went Through.
Frankfort, KY, Jan. IA warrant has
been issued for the arrest of John H.
Whallen, charging him with attempting
to brlbe Senator Harrell. Whallen is IN
the city.
All doubt as to the ability of the Goebel
Democrats TO organize both houses of the
Legislature was dispelled by the attend
ance in the Democratic caucus tonight.
Senator Goebel was nominated for pres
ident pro tenn. of The Senate and the entire
Goebel slate went through.
In the House caucus an of the flfty-eight
Democrats answered to roll call and par
ticipated. In The Senate caucus four Dem
ocrats remained out. They were Senator's
Alexander Hays, Gillespie and Roberts.
Senator Hill was sick and absent, but is
not classed with the dissenters.
In the Senate caucus Senator Harrell
created sensation by making an alleged
expose of the anti-Goebel leaders, declar-
ing that he had been approached by J. II.
Whallen of Louisville and paid 81, 800 to re-
main out of the caucus. The money, he
said, hnd been placed in a box with the
Louisville Trust Company, the key to
which ne passed up to Senator Goebel
who was presiding over the caucus, end
ing his speech by declaring that he had
entered into the deal for the purpose of
exposing Whallen, and, further, that there
was not money enough in the world to
make him disloyal to his party and his
state.
Attorneys for Goebel ond other contest
ing Democratic candidates for state offices
to-day served notices upon the Republican
oontestees to take depositions TO be used
rs evidence in the pending contest cases
ard naming their witnesses.
The Republicans decided tonight TO hold
a conference tomorrow and nominate
Straight Republican State of candidates.
The anti-Goebel leaders say the large at
tendance at the Democratic caucuses to-
night does not indicate anything as to the
gubernatorial contest or the sena torship,
IS in the Senate the Goebel men and anti
Goetel men entered into a deal regarding
division of the offices in that branch.
South Trimble of Franklin county, was
nominated for speaker of the House on the
thirteenth ballot.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-01-02
SAVANNAH GA. TUESDAY. JANUARY .

our reasons for not going into the Demo-
cratic caucus. They asked me to sign
it, but 1 excused myself, saying 1 would
be back.
II was found twenty minutes later at
the Capital Hotel. by the go-between,
who showed me another statement, which
was as follows, in Substanc
1--WE, the undersigned, pledge ourselves
to keep out of the Democratic caucus to-
night and to meet Tomorrow morning at
$3.50 o'clock in private caucus and pledge
to vote for Senator Mcconnell for presi-
dent pro tenn, but the above agreement
is not binding unless seven senators sign
this document
"When l left the conference az the Fem
ing Holel | did so because | was in doubt
wnether l ought TO sign the paper and
l wanted to confer with friends who knew
what | was doing. The paper which the
go-between brought me was signed by
Senators Hayes, Alexander Gillespie and
Roberts 1 was informed that two more
would sign II. l affixed my tame 10 II.
The four men whose names were sign
ed to the agreement remained out of the
caucus Tonight. They did not suspect me
until hey saw me go TO the caucus"
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-01-02

Mounted Rifles, defended themselves most
gallantly against the repeated attacks OF
some 500 Beers. The enemy resorted to
sniping during the night, but were repulsed
with loss.
At 5;l5 this morning Capt. Goldsworthy
with the Cape Mounted Rifles, arrived, and
tne enemy Immediately fed to the hills
turner's party, whose horses had nearly
an been killed, were rescued. They dis
played splendid pluck and the brilliant
manner in which Capt. Goldsworthy eff
iected their relief on his own responsi-
bility is deserving of the highest praise
Our loss was two men wounded. The
Beers iost about thirty men, including
eight men killed"
Another account says:
The success of this little party will ar
rest the progress of the enemy's recruiting
In that vicinity"
A dispatch from the Modder river says:
Dec. 81 the naval guns planted few
excellent shells without reply. The enc
my's position on the left is, apparently,
considerably weakened"
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-01-02
CHRISTIAN POLITICAL UNION.
National Assembly Called at Rock
Island, ILL.,, on May I.

Chicago Jan. 1.-The National Commit
tee of the Christian Political Union, the
new civic organization formulated by the
conference of Christian men and women
which has been in session here for the
past two days, held it's first meeting to-day
and issued an address calling for a ma
tional assembly of representatives, of the
new party to meet at Rock Island, Ill. May
/, 1900. The officers of the National Com
mittee of the new party are;
w. r. Bankert chairman; w. R.
struble. secretary, and A. D. Mart treas
urer. j. H. Vandegrift of Branchville,
Ala, is member.
The principles and aims. of the new or
ganization are stated TO be in part as
follows:
I'VE believe the fullnessFf time to have
arrived when the eternal p nciples of JUS
tice, mercy and love as eyknpified in the
life and teachings of JesIfs G'ffiiist shsdid
be embodied in the political economy Of
our nat on ard applied in concert form to
every function of our government, nation
al, state, municipal and local. We believe
that the most direct means of accomplish
ing this end is the formation of political
body of united Christian men and women,
who shall use their elective franchise for
The selection of able, worthy and con-
sciemtious public officials who will seek
in their respective positions to perform the
functions of government in the spirit Of
the Man of Galilee.
1--WE declare that this movement is in
no sense ecclesiastical or dogmatic in its
purpose and contempiates no challenge OF
any persons faith or creed; aims not 20
disturb church relationships, nor to united
church and state in politic-ecclesiasti
bonds-but seeks solely to unity the forces
Of righteousness in the name and spirit
of Jesus, for political, social and CONNER
cial reform"
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-01-02
SURRENDERED TO MAJ. MARCH.
AGUINALDo's WIFE AND SISTERS
ARE PRISONERS.

Three Filipino Officers and other
Insurgents Also Gave Themselves
Tp-Southern Advance Begun with
severe Fight at CRbuyao-TwO
Americans KiIled-Twenty-Fou
Dead Insurgents Found and $50
Captured.
Manila Jan. 1-AguinaIdo's wife. sisters
and eighteen Filiplnos have surrendered
20 Maj. March's battalion of the Thirty
third Infantry. at Bontoc, province OF that
name.
Three Filipino officers also surrendered
to Maj. March; and the FIJI pnos gave up
two Spanish and two American prisoners.
Hard Fight at Cnbuyno.
The first movement of a general South
ern advance occurred this morning. when
two battalions Of the Thirty-ninth Infan-
try landed and occupied Cabuyao. on the
south side of Laguna de Bay. Two Amer
leans were killed and four were wounded.
Twenty-four of the enemy's dead were
found in one house. one bundled and
fifty prisoners and four six-pound rapid
fire guns were captured
The gunboat I.aguna de Bay bombarded
the town before the Decentralization of the
troops from the cascoes, which was made
under the enemy's shrspnel fire.
The enemy evacuated the place before
the charging Americans, retreating to
Santa Rosa, to which town they were per-
sued. Heavy fighting occurred along the
road to Santa Rosa, which was occupied
by the insurgents retreating South toward
Slang. The Americans burned the coun-
try around Cabuyao.
The gunboat returned to Calamba for re-
Inducements and thence came to Manila
TO fetch ammunition. She recently cap
tured two of the enemy's steam launches,
one under the fire of artillery at Calamba,
and also four cascoes loaded with rice.
Other regiments are mobilizing tonight
at San Pedro Macati and Pasig, prepara-
tory to continuing the southern advance.
Filipino Plot Extensive.
Yesterdays capture of bombs involved
the seizure of documents inculpating "a
thousand Filipnos who intended to rise
against the Americans. Papers were also
found showing distribution of the city
into districts and a careful assignment OF
le lders and followers. The precautions
taken by The Americans on Saturday, It
is now evident, alone prevented an upris-
ing.
The provost marshal has requested that
two more regiments be detailed for the
protection of Manila. Three thousand
L trooIs are now actually In the city.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-01-02
NEGROES ADDRESS TO WHITES.
want North Carolina Franchise
Amendment Defeated.

Raleigh, N. c., Jan. 1.-The negroes cele-
brated the thirty-seventh anniversary of
the signing of the emancipation proclama-
tion here to-day.
One of the features of the day was the
reading and adoption of an address to the
white people of the state, calling on them
to aid in defeating the proposed consttu-
tional amendment In the course of the
address, which is quite long. they say:
1--WE cannot resist the conviction that
the proposed amendment to our state con-
stitution is the initial step In the direction
of nullfying the proclamation of emanci-
patton and abrogating, as far as possible,
the results of the war for freedom. 1t is
already urged by an influential portion of
the newspapers of the South, and by some
Of its leading men that these amendments
to the state constitution are temporary
expedienns That the thirteenth, four
teenth and fifteenth amendments to the
Constitution of the United states must be
repeated. These are the guarantees of
our freedom and citizenship in this land.
Repeal them and slavery again becomes
lawful"
After discussing the negro problem and
the causes that led the negro into the Re-
publican party, the address goes to say:
should you reject this appeal and turn
a deaf ear 40 our entreaty; should you
determine to do that which we so much
dread. we have no power to prevent Il.
For us there will be but one remedy. We
Snail be compelled TO seek a home in some
other land-a better country"
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-01-02
NEW DIVISION ALMOST READY.
Beers Have Mounted the Guns They
Took From Gen. Butler

London, Jan. 2.-The Standards CORE
spondent at Frere camp, telegraphing on
Jan /, says:
Sir Charles Warrens division is now
nearly complete. It's headquarters will be
al Estcourt.
1T is rumored here that the guns which
were captured from Gen. Butler at Colenso
have been mounted in the hills command
ing the drift over the Tugela river at
Springfield. The Beers il appears, cap
tured $40 rounds of shrapnel when they
took the guns.
Gen. Buffers difficulties have been i'm
measurably increased by the enforced de-
lay since the last engagement. He now
has before him a series of walled and for
tilted hills, running sixteen miles along the
line of the Tugela. These are swarming
with the enemy, posted in positions of
great strength and bristling with guns;
while the river in front is in fun flood.
The coming battle will certainly be the
stiffest, and probably the most momen-
tous, of the entire campaign"
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-01-02
THIS IS A BRITISH VICTORY.
FRENCH HAS DRIVEN THE BoERs
FROM COLEsBURG.

ROers Taken by Surprise, RetreateI
in Disorder-A London Dispatch
Says Their Losses Must Have Been
Heavy-French May Follow Them
Up to the Orange River-GOvern-
ment Now Urged to Send Forward
More Cavalry.
Rensberg, Cape Colony. JAN 1.-Gen.
French has completely defeated the Beers
and occupied Colesberg.
The General continued to keep the Beers
on the move and pressed them c'oselv Sat
urday and Sunday. giving them no time
10 make a prolonged stand and when
day broke ne was within striking distance
of the enemy.
Last night all the cavalry, artillery and
infantry. The latter riding in wagons to
increase the general mobility, started upon
a night march with the object of turning
the Beers right
The flank operations were successful.
The infantry and fed batteries immadi-
ately made a feint attack upon the Boer
front, and while this was proceeding the
cavalry and light artillery got completely
around the enemy's right flank as arrang-
ed
The programme worked without a hitch
The Beers were utterly surprised and
finding their retreat threatened, fed in
disorder to the eastward leaving Coles
berg in Gen. Frenchs hands.
Artillery Began the Battle.
London, Jan. 2.LThe Daily Mail has the
fo1T
Rensburg:
Yesterday afternoon big force Of
cavalry and infantry, with ten guns, I'M
der the personal command of Gen. French,
moving by detour, occupied some hills
three miles from Colesburg, where the
natural aid afforded them by the hills
around.
The enemys position extended six miles
around the entire village.
'At daybreak our artillery opened the
battle. The Beers were taken by surprise
but replied vigorously. An artillery duel
was maintained for two hours. Then a
Boer Hotchklss collapsed and was aban-
doned. We captured it. A Boer big gun
was silenced, but this and the other Boer
guns were withdrawn to the northward,
whittier we are harrassing the Boer re-
treat by a damaging shell fire.
"Colesberg is in our hands and the few
remaining loyalists are jubilant. We have
captured many wagons and considerable
quantity of stores.
Our losses were quite slight but the
Beers must have suffered heavily. They
may stop at Achtertang or cross the river
altogether at Norvalspont, where the
bridge is still intact.