davidaulloa/AmericanStories huggingface dataset:
The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-05-06
EJAMES BAIRD'S HUSsAR II.
To BE Raced In the Sl-Foot Class Against
Syce. Affair and Sir Deco.

James Baird of the New York, iarchmont
and other Yacht clubs has had a new yacht
built by Tom Webber al New Rochelle which will
be- raced in the 5l-foot class against the Syce
and the two Herrcshof boats. Affair and Siroc-
The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-05-06
Novel Features In a Small French Yacht.

Albert Miche!et q Paris has had built a
small yacht which he intends 30 race against
lOrue Currie's Skeandhu The new boat is
what is called n on"-tonner and will defend the
cup won last year by the B"longa from the
British vacl' Noctis. Mr. Michelet is RESPONSE
The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-05-06
Sevcnty.se,en New Members For Ply mt nth
(hurCh.

There will he IN addition Of sevpnty-seven
nov members t" Plymouth Church to-day,
sixty-tWo on confession Of faith and fifteen
by letter They were formally approved by n
Noi" Of th- congregation A. the close OF tn.
prayer meeting on Friday night
The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-05-06

sions are 20 f~ : inches over ail,
10 feet y inches on the water line. and 3 inches
draught She will spread %fity.-iv square feet -
canvas The ho5t e the same width ondech as
peculiar curve on the deck as there is on the
lower part Of the hull The deck il the sana
width forward, mmidshils and aft Il
is higGrSl Al the rudder post md NJ NO
The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-05-06

VI" for the novel features in the new boat,
which = rsid 10 he a modified douhle-huIed
craft and somewhat Of the type introduced by
& II Dnggau ia tho SeaN anhaka challenge
CUP rn,cs in iSGS She has been quilt by ev-
leis ~ Courhevoic. The design WAS published
in he ! 0charg gazette Of Paris. Her dimen-
The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-05-06

heel Of the t%owsprit and then Al theee two
points II curves down 70 meet the bottom ~
The boat which rises M forward and aft. Two
rudders are fitted and tho tillers are connected
worked together There are two cockpits,
one forward of the mast and ono aft. The
new boat has a small csntreboard fitted amid
ships.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-05-06
MYSTERY or 4 BLACK EVE
A smart Gu, Get. One Of His Lamps trimmed
and Then Allows Ms Friends TO Bet on
the Wa, II Happened There's More Than
One WAY 10 Make Money or PLAY a joke.

The other afternoon a Young man with Viel-
bic means Of support in the shape of silndry
and divers diamonds carelessly s'rcwn about
his person walked into that Sixth avrnu" "NtaD-
li.hment on the exterior Of which this sign IS
exhibited.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-04-01

arguments of these constitutional ex-
FOUNDERS, or to the sympathy racket OF
the opposition"
y Mr. Richardson. the minority leader,
challenged some of Mr.. Shattuc's stater
ments relative to the advantage which
the latter claimed accrued TO the country
from the passage of the Dingley law
Proceeding, Mr. Richardson contrasted
the appropriations Immediately preceding
the Spanish war with those during and
subsequent to it, ccntending that the lat
ter exceeded the former by 100000, 900
annually THAT sum-" he said, repre-
sents the cost of the empire over the
republic"
After further debate, the bill was
passed without amendment.
A resolution was adopted re-electing
the present board of managers of the
National Soldiers Home. The minority
Of the committee on merchant marine
and fisheries was given until April Goth
to file their view on the ship subsidy bill
At 3:05 p. m. the House adjourned.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-04-01
LAND FOR SALE.

On Monday, April End, 1900, at the court
house door in Raleigh, N. c., will sell at pub.
lie outcry the tract of land in Wake county
which i described in a mortgage from r. A.
Potter and wife to w. W. Jones, trustee, regis
tered in book No. 81, at page 496 Of the Regis
ter's Office of Wake county. Said land is in
st. Mary's township, adioins the lands of d. J.
Parkinson, the late Lynn Adams and others, lies
on the waters Of Bucks branch, and fronts on
the Hillsboro road. Contains sS15 acres more
or less.
Sale made under judgments OF Wake Superior
court, rendered at July term, $780, and October
term, 1899, and February term, 1907, in the civil
action entitled Milliard Mal, administrator, vs.
Simon Yellowdy and wife. No. 7G45, G. !. d.
Terms, cash. Hour Of sale IL m.
s. F. MoRDECAI, Commissioner.
Feb. %, 1900.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-04-01
Rev. Thos. Lawrence, D. D.
VALUABLE CITY PROPERTY FOR SALE.

by virtue of authority conferred by a judgment
Of Wake county Superior court. rendered at its
October Term, 1899, in civil action therein
pending entitled A. w. Shaiier, Executor of
Pattie Christmas, ct ais, defendants, / will on
Monday, April %, 1900, sell at public auction to
the highest bidder for cash, certain lot Of land
in the city of Raleigh. Wake county, N. c.,
and more fully described as follows:
Being lot No. 8 in plot Of the Ray property,
in the city of Raleigh, which was made by
Fendol Bevers, Surveyor and recorded as a
part of the deed made by the late b. f. Moore
to John Calling November 2S 1877, which
said deed is recorded in the office of the Regis
ter of Deeds for Wake county, North Carolina,
in Book 40 at page 2lS, the said above lot No.
being So feet broad and 105 feet deep and
fronts on an extension of Edcnton street made
through said property.
Time of sale IL O'Clock m Place OF SALE
county court house door in Raleigh, N. c.
ERNEST HAYWOOD. Commissioner.
March ~. I0n0 tbs
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-04-01
II IS ALTERNATIVE AND LAXATIVE

Guaranteed cure for Chills and Fever
and all Malarial and Bilious Troubles.
1t is a pure, pleasant and effective
and all persons whose system is weak
or run down.
1T CONTAINS NO POISON--It is not a
patent medicine, but perfect formula,
thoroughly compatible and acceptable to
the stomach. There are many chill
tonics on the market, generally made up
of the anti-periodics- quinine and iron
and often contain poisonous acids, all in
a cheap form, which when taken is very
destructive to the digestive organs The
digestive organs once impaired is very
hard to recover.
ROGERS FAMOUS CHILL TONIC con-
tains the tasteless quinine (Febriline) and
iron in their purest forms, together with
CASCARA SAGRADA and aromatics so
compounded as not to be injurious, but
beneficial to the digestion.
NO FAMILY should ever be without
ROGERS FAMOUS CHILL TONIC and
LAWRENCE'S PILLS. If taken in tine
they will prevent nine out of ten cases of
sickness. Ask your physician what he
thinks of Rogers Chill Tonic.
Sold by all Druggists.
MANUFACTURED BY
APEX MANUFACTURING Co.,
Apex, N. c.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-04-01
Indiana Coal Miners Strike.
(By the Associated Press.l

(By the. Associated Press.)
Terre Haute, Ind, March 31.--All the
coal mines in Indiana suspended opera
tons at the close of work this evening.
This action was due to the failure of the
operators to sign wage contract for the
scale year, beginning April LIST. About
1900 men will be idle until the joint con-
ference is resumed April 10th. Today the
advance in bituminous coal went into
effect, making the price $3.50 a ton.
ANOTHER STRIKE TO COME.
Beaver Dam, KY, March 31.-The
Union Miners of this district will go on
strike beginning Monday.
K The miners asked so cents on the ton
for mining coal and an advance of 20 per
cent. on all day labor, and the operators
offered Is cents per ton and 121a per cent.
on day labor This strike will affecs
nearly every county in Western Ken
lucky. Four hundred went out today at
Sturgis, Ky. Two thousand men are en-
ployed in the district.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-04-01
RLADEN.

Elizabethtown. March 31.-The dele
gates elected from Bladen are all for
Aycock. Our people desire ticket
representing all callings. Don't put
too many lawyers on the ticket. The
delegates elected to the Bladen con-
rention are:
Messrs. c. c. Syon, c. M. McSean,
f. +. McCullock, o. S. Clark, Geo. H.
Currie, j. j. Mcmillan, w. s. Clark,
J. d. Gillian, H. S. Syon, A. NJ. Nc
Neill, f. NJ Willis.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-04-01

STRAUSE V. AETNA INSURANCE CO.
Affirmed,
The defedant, a Connecticut corpora
ton, issued its policy of insurance to
: the plaintiffs, who are residents of this
State, upon their property located in this
State. The property was partially de-
stroyed by fire, the amount of the loss
was adjusted and this action is to re-
cover the sum. The defence set up that
prior to the commencement of the ac-
tion creditor of the plaintiffs in Penn
sylvania instituted an action against
them in that State and attached the de-
PENDANT company's liability to the plain
tiffs by garnisheeing the defendants
agent in Pennsylvania; Held, that the
situs of the debt due by the defendant
company to plaintiff was not in Pennsyl-
vania, and the courts of that State acQuir-
ed no jurisdiction of this action by the
attachment proceeding.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-04-01
A Liason Leads to a Shooting.
by the Associated Press.

Ocala, Fla, March 31.-George Arm
strong walked up to the house of j. L..
Smoak, near this city early this morning
and called out his brother John When
John appeared, George emptied the con-
tents of his shotgun into his brothers
body inflieting probably fatal wounds.
The trouble, it is alleged, grew out of i'm
proper relations between John and
Georges wife.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-04-01
MUSE V. CADDELL. New trial.

MUSE V. CADDELL. New trial.
In an action of ejectment to establish
boundary lines between plaintiff and de-
PENDANTS land where only one corner is
agreed upon and oral evidence is offered
to establish the other corner, if such evil
dence fails to establish the corner the
calls in the deed offered by plaintiff,
which begin with the agreed corner cor
ner, should prevail.
The plaintiff must recover upon the
strength OF his own title and not upon the
weakness of the defendants title.
Defendant requested the court TO in
struct the jury that 'even though the
jury should find from the evidence that
the post oak at on the map is a corner
of the Caddell land, that is no evidence
of plaintiffs claim as his deed does not
call fer Caddell's line or corner at
that place, and the jury are instructed
that it is MUSES. line and not Caddell's
line that is to be located by them" This
instruction was refused; Held error.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-04-01
THE LIFE AND FIRE IN
THE CONVENTION
Continued from Ninth Page.)

strong county ticket nominated. Capt.
i. b. PEBBLES was endorsed for Con-
gress, Hon. T. w. Mason for Railroad
Commissioner, W. H. S. Burgwyn for
State Treasurer, J. Bryan Grimes for
Secretary of State.
While not instructed the delegation
is understood to be for Aycock and
Winston.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-04-01
GRAVES V. BARRETT. Affirmed.

Title is not an issue in a proceeding
for partition unless put in issue by de-
defendants pleadings sole seisin, and
where in a petition for partition alleg-
ing that plaintiff is tenant in common
with defendant. the defendants answer
denies that plaintiff is tenant in common
but does not allege sole seisin in the de-
PENDANT, the allegation in the petition and
the denials in the answer raise only the
ordinary issues in partition and do not
convert the proceedings into an action
Of ejectment.
A defective statement of a good cause
of action is presumed to have been waived
by the answer.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-04-01
Celebrate an Eight Hour Day.
(By the Associated press.l

Pittsburg, Pa, March 31.--Celebration
of the establishment of an eight hour
working day by the coal miners brought
about almost complete idleness in the
Pittsburg district today Nearly 10000
men will be benefited by the new scale
which goes into effect on Monday 1t
calls for an advance of about 20 per
cent. and the establishment of an eight
hour working day.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-04-01
STATE V. DAVIS. Affirmed.


The provision in Chapter All. creating
the Eastern Criminal Court, that I'm
the event of the grand jury at any term
have not been discharged by the court,
but retained for service at a subsequent
term or terms, then there shall be drawn
by the County Commissioners or Sheriff
and commissioners 49,. :. only eigh-
teen jurors for service as petit jurors al
any such subsequent term; Provided said
grand jury shall not be retained for more
than one term subsequent to the term at
which they were originally drawn" al
though an innovation upon our judicial
system is not unconstitutional.
A judgment can be arrested only for
some matter which ought to appear, in
the record. A motion in arrest of judg-
ment for that one of the jurors was not a
freeholder, will not be entertained
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-04-01
ANOTHER STRIKE TO COME.
British Cruisers at Taku.
nv the Associated press1

kss. (By the Associated Press,)
Tien-Tsin, March 31,-The British
second-class cruiser Hermienwe, and
third-class cruiser Brisk have arrived at
Taku.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-04-01
Rogers Famous Chill Tonic

There has heen more of this Wonderful
Chill Tonic sold in North Carolina since
January 1st, than there was of all other
Chill Tonic during 1899.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-04-01
LUMBER CO. V. HINES. Reversed.

This is not a case for interference by
court of equity. The solvency of de-
PENDANT is not denied. While plaintiff
became the owner of those trees meas.
uring IA inches in diameter, yet it does
not appear that defendant has interfered
with that class of trees. The title passes
only to those trees of he required meas
urement at the date of the deed.
A right of way is an easement, which
is property and requires the same def
initeness in it's description as tract of
land by metes and bounds. Here, plain>
tiff's right of way has not yet been laid
out and located, and the result is that
he has no right of way with which the de-
PENDANT is interfering. The facts recited
in the case do not disclose an instance of
irreparable damage and there was err Or
in continuing the restraining order.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-04-01

KENYON V. w. u. TELEGRAPH co.
New trial.
An action against telegraph company
for damages by reason of menta! en-
guish occasioned by the company's fail
ure to promptly transmit a message, will
not lie unless the company had notice
of the probable result of it's failure 10
promptly transmit and deliver the mes
sage, or the message itself showed the
Importance of prompt transmission and
delivery.
The sender of message may always
recover the sum paid for message which
is not PROMPTLY delivered, as promptness
in delivery is the very essence of the con-
tract between the sender and the COM
pany.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-04-01
SUPREME COURT OPINIONS.
(Reported by Jos l.. Seawell.)
STATE V. GREEN. Reversed.

STATE V. GREEN. Reversed.
In North Carolina the legal meaning OF
the word town" is an aggregation Of
houses and population declared to be a
town by an act of Incorporation.
TERRELL V. BROADWAY. Remanded.
Where, in partition proceedings, an is
sue is found by the jury establishing the
legitimacy of plaintiffs, the judgment
thereon is confined to parties and privies,
but is an estoppel against the world
Where next friend of infant plaintiffs
consents to Judgment against them and
no facts are shown to the cour., the iudg-
ment is of no effect. (This case is re-
manded for additional facts. as to
whether the purchaser bought with notice
Of the alleged consent judgment.)
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-04-01

CHEEK " IRON BELT B. & L. AsSo'
In April. 1898, plaintiff entered into
nenaI bond in the sum of $4,000 TO take
twenty shares of defendants stock at
rar value of 800 each. No rate OF inter-
EST was named in the bond, but the condi-
tion provided for the payment OF various
sums bv plaintiff, as premiums, interest
etc and that it should not require more
than the highest rate of interest allowed
bv the laws of North Carolina. On the
same day upon which the bond was given
the nlaintiff executed a trust deed which
recited that the plaintiff had obtained
an advanced of $4,000 upon his stock SUBJ
scrjption for which he had executed his
bond. and provided for a payment of 6
per cent. interest by plaintiff. At the
date of these transactions the legal rate
Of interest in North Carolina was per
cent. though s per cent could be charged
when specially arranged for Defendant
contends that the provision in the bond
authorized ii to charge the plaintiff s
per cent; Held, that the bond and deed
of trust being parts of the same trans
action must be construed together, and
the provision in the deed of trust for 6
per cent. interest limited the defendant
to that rate. Miller v ms. Co., 11S n. c.,
612, distinguished.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-04-01
GEER V. BROWN. No error.

GFER W BROWN. No error.
While a sheriff may be liable to a tax
debtor if he sells such debtors real es-
tate for taxes before resorting to his
personal property, yet that will not affect
the title to the land sold for taxes.
In an action by the purchaser to re-
cover the land bought by him at a tax
sale, the defendant having admitted in
her answer that the land had been sold
by the sheriff for non-payment of taxes
and purchased by plaintiffs agent, evil
hence as to the record in the clerk s
office of lands levied upon and sold for
taxes, was incompetent, and for the same
reason the trial judge properly refused
TO permit the defendant to ask the sheriff
If he had sold the land for taxes.
A sheriff's deed for land sold for unpaid
taxes is only presumptive evidence that
due publication Of the sale has been made,
and it is open to a tax debtor, in a cot.
troversy in relation to the rights of a
purchaser, his heirs or assigns, to prove
that such an advertisement was not
made.
Notice through the mail to the tax de-
lnquent is required, and under the re.
cent law is equivalent to due publication
of the delinquency and intended sale; bu,
a failure to give required notices is de-
clared by the recent law to be only an ir-
regularity.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-04-01
DARDEN v. BLoUNT. Reversed.


At fall term, 1891, plaintiff recovered
judgment against one Beaman for S15,-
600, ''to be discharged upon payment. of
81 ,90S.33, and of a further sum to be as
certancd by reference. At fall term, 1892,
a further judgment was rendered stating
that the sum to be found by reference
as recited in, the previous judgment was
agreed to be S7150.65, and adudging that
the judgment for $4,000 be discharged
upon the payment of the $190S.33 as
aforesaid, and the payment of the agreed
sum $7.150.65 with interest, but the last
judgment though docketed was not in
dexed. The sum of S1,90S.33 discharg-
ing the $4,000 judgment has been paid,
but there is a balance due upon the
egreed sum of $7150.65, and this action il
brought against the Clerk of the Superior
Court and the Suretes on his bond to
recover that balance by reason. of the
clerks failure to index the Judgment of
fall term, 1892. Beaman, against whom
the judgments were rendered, having
died insolvent; Held, that the plaintiff
lost nothing by the clerks failure to in
dex the judgment of fall term, 1892, since
the judgment for $4,000 at fall term. 1851,
was an absolute unconditional one and
was lien upon the land of the defendant
therein; and that lien is not impaired by
the fact that the amount of the Judgment
might be reduced by further action of the
court. The lien of the judgment of 1891
has not been discharged, because the
Judgment itself by its terms has not been
discharged Judgment should have been
rendered for the defendant
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-04-01

the receipt was corroborative OF Wha' sue
had previously testified.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-04-01
STATE V. CAATER. Affirmed.

STATE V. CAATER. Affirmed
Where a defendant pleads in abate-
ment to an Indictment, alleging that
certain county has no jurisdiction, he
must give the proper venue, otherwise
the plea is not good.
The offence charged is deemed to have
occurred in the county where the indict-
ment is found. Code, Sec 1874
This court cannot review the findings
Of fact below that the contract by which
defendant got possession of property as
agent of prosecutor took place in Robe
son county; that the property was deliv-
cred to defendant in said county, and
that he was to return the same to prose-
cutor or account for it in Robson county
1t may be that New Hanover and CO.
lumbus counties also have jurisdiction,
as the further fact found by the court
below was that the conversion and appro.
priation of said property by defendant
We're made in those counties. The crime
(as in larceny continued to exist as long
as the felonious intent and asportation
continued to exist.
AS Robson county has jurisdiction the
court below committed no error in over
ruling the plea in abatement to this in
dictment for enlightenment.
LITTLE V. RATLIFFE. Affirmed.
The subject of this action is the wrong
full conversion of mule. The plaintiff
offered Mrs. Jones, formerly the wife of
Washington Ratliff, who testified that she
was present when plaintiff bought the
mule from Ratliff at the price of 500
and paid $50, and that her husband told
her to write plaintiff a receipt for $50,
which she did, and gave plaintiff the re-
ceipt and he took the mule. The receipt
was then produced by plaintiff and the
witness recognized it as the one she had
written. The evidence, especially the re-
ceipt, was objected to by defendant;
Held that the witness was competent un-
Ter sections $50 and 500 of the Code. The
receipt itself would not have been orig
ina1 evidence, as it was not written or
signed by the husbands but when the
witness testified that she wrote it at
the request of her husband and in his
presence and handed it to the plaintiff,
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-07-13
LOGICAL AND CONVINCING.

The Popnlists who became Populists
from principle are nearly all support
ing the amendment. The letter OF
Mr.. p. w. Patton, clerk of the Superior
court of Burke county, chairman OF
the Populist executive committee
rings clear. He will support the
amendment because he wants White
Supremacy and he will support the
Democratic candidates because the
Democratic party is the only party
that stands for White Supremacy in
North Carolina. That is logical and
convincing. There are hundreds OF
Populists who will follow his example.
Since the radicals have obtained full
control of the Populist party's man
agement, there is nothing left for a
white Populist who wants to vote
white to do except vote with the only
party that stands for White Suprem-
acy. And they are sure to be warmly
welcomed The Democratic gates
stand open to every white man in the
State who wants good government.