davidaulloa/AmericanStories huggingface dataset:
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-05
Supreme Court Decisions.

(Reported by Jos. L. Seawell)
FIRST NATIONAL BANK OF SALLs-
BURY VS.. D. A. SwINK ct al, appel
lants. (From Rowan
Where three parties signed note
which did not show upon its face tina; any
of them signed as surety, the circuin-
stance of only one obliger paying the in
terest and being resorted to by the
creditor raises a strong presumption
that such obliger was the principal and
the others were sureties, and that the
creditor so regarded them.
In such case an extension of time to
the obliger, who was regarded as prin-
cipal, without notice to the obligers VINO
were regarded as suretieS and before
Judgment taken against them, operates
as discharge of the sureties; and where
the extension of time was granted the
principal after judgment against him and
the sureties. want of notice to the sure
ties may be pleaded as defence to a
motion under Section 440 of the Code to
revive the judgment. Bank VS.. Sumner,
| 10 N. c. sol, distinguished.
STATE VS.. GARNER, appellant. CFrom
| GastOn).
In the trial of criminal action it is
not error for the judge in charging the
| jury upon the law creating the offence.
to accurately and correctly inform them
of the punishment prescribed.
| Upon the trial of an indictment for as
sault with intent to commit rape, it APP
pcared that the prosecutrix white girl
| accompanied by her brother eight years
old, was walking along the railroad
| track; that the defendant, a negro man,
was walking about 200 yards in front of
| her; that he slowed his gait and kept in
front of her by constantly changing from
| the railroad track to the dirt road, as
she would change; that he made signs
! to her by folding and opening his arms,
| looking back at her, and shaking his hat
| at her; that when she came within &c
| feet of him she became frightened and
ran carrying her brother with her, in
! the direction of a dwelling about 20C
| yards away and not in sight; that defen-
dant ran after her and pursued her until
within Is feet of her, and nearly in view
! of the house and then stopped ant
turned back; held (by majority of the
/ COURT that there was sufficient evidence
of the intent charged to be submitted tt
the jury.
STATE VS.. MCDOWELL, appellant
(From Robeson).
/ Upon the trial of an indictment fo
murder the question. WAS it ligh
enough for defendant to have seen de
ceased as he passed and know who HI
was?" was properly admitted. State VS.
Mclaughlin, 126 N. c.. 1880, distinguished
| Where, upon the trial of an indict
ment for murder. after the court ha
charged the jury and stated therein
l"eyery reasonable contention of TIL
State, it is error to give an entirel.
new charge prepared by counsel for tn
prosecution and given at their instance
and which contained a powerful 'sum
ming up for the State.
1t is violation of Section 413 of tn
(. Code for the court to predicate TIL
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-05
SALE OF VALUABLE LANDS.

BY virtue of DEGREES of the Superior
Court of Wake county, North Carolina,
made and entered at the October terms,
1901, of said court, in the case of It. B.
Holt, executor of n. G. Burns, deceased,
VS.. Barney Johnson and F. M. Johnson,
his wife, l will sell at public auction to
the highest bidder, at the county court
house door in the city of Raleigh, n. c.,
on Monday the 9Th day of January, 1902
at IL O'Clock m, that valuable tract of
land situated in Holly Springs township,
Wake county, known as the Barney
johnson home tract of land, bundled as
follows to-wit:
Beginning at a stake, Collins corner,
running north 81 feet east 70 poles to
stake, Poplar corner. thence north 80
west 80 poles to a stake in Raleigh road.
thence north 45 east 121a poles to
stake, thence north A east 113 poles and
10 links to a black gum, thence north
Sc west 14S poles to a stake, thence south
40 poles to a stake, thence south 80
west 169 poles to a stake, thence east
So poles to a stake thence south 8 poles
to gum and pointers, thence south bS
east 173 poles to the first station, con-
tanning 261% acres more or less.
Terms of sale: One-third of purchase
money cash, residue in equal install
ments. payable respectively six and
twelve months after date of sale. Title
retained until full amount of purchase
money is paid.
H. E. NORRIS,
Commissioner
A
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-05
MORTGAGE SALE.

BY virtue of authority conferred in a
certain mortgage executed January
18th, 1895, by Jubal Gooch and wife, re-
corded in book No. 1913, at page S2S, in
Register of Deeds office of Wake county,
N. c., and at the request of Mrs. Gilly
Gooch, the surviving mortgagor. we will
on Tuesday, the 7th day of January, 1902,
at the court house door, in the city of
Raleigh, at IL o'clock M, expose for sale
and sell to the highest bidder for cash,
the following described tracts or parcels
of land: The first tract is situated in
ST. Matthews township, Wake county, on
the Waters of Neuse river, adjoining the
lands of Cad. Buffaloe, John Jones and
the lands of the late w. r. Pool, more
fully described as follows: Begins at
Lavinia Knights corner on Neuse river,
thence west 224 poles to a pine. thence
south 95 poles to a poplar and pointers,
formerly Jerry Buffaloe's corner thence
east to the said river, thence with said
river to the beginning containing 1873
acres, being the same land described and
conveyed to Jubal Gooch by deed record
ed in book "a, page 200, and book SO,
page So, in said Register of Deeds office.
See also book "a, page 222, and book H.
page 134, in said Registers office. Sec
ond tract contains acres and lies in
st. Mary's township, adjoining the
lands of Caswell Powell, Alfred Pool
and Others being the land conveyed to
Jubal Gooch December 9Th, 1883, by
Ransom Pool, Jr., and wife, by deed re-
corded in book S4 page 125, in said Reg
isters office Also three other lots or
parcels of land lying adjacent to each
other and in. one body, forming a par
alleogram in shape, situated on the
south side of what would be the east
side of Davie street if extended, just be-
yond the corporate limits of the city OF
Raleigh, and being the same lots con-
veyed to Jubal Gooch by Zack and Bedy
Moss in and by three several deeds dated
January 80, 1882, August %, 1882, and
December Z, 1885, and recorded in books
Nos. 67-6S and "a of pages 651-705 and
I'll respectively in said Register of
Deeds office of Wake county, all of which
said deeds, books and papers in which
they are recorded are referred to for
better description of said lands.
PEELE & MAYNARD,
Attorneys for Mortgage.
This December 4, 1901
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-05
AN UNTRUE ACCUSATION.

We recently copied from the Manu-
facturer's Record an editorial defence of
DR.. Chas. w. Dabney against reports
made about an utterance attributed to
him. This paper had never heard of the
charge, but said that it knew DIR. Dab
ney we'll enough to know that no state
ment rejecting upon him could be true.
A friend in Baltimore has sent us let
ter written by DR.. Dabney which is con-
elusive. We print it in full:
Knoxville, Tenn, Nov. 20,1901.
ITO the Editor of The Times Democrat:
Il have just returned home this morn
ing and learned of the comments of the
Southern press upon the reports sent out
about the Ogden dinner at New York
1T was reported that every appeal
for the equality of the negro with his
fellow citizen was applauded, and the
implied sentiments of President Roose-
welt recently expressed in the Booker T.
Washington indictment were thorough
ly approved
This is absolutely and entirely false.
No one made any such appeal, and no
reference whatever was made by any
speaker to the question of social equal
ity, the Booker Washington dinner
President Roosevelt's action, or to any
related subject upon which this story
could be hung.
II did not say, as reported, that the
time would come when the country
would need the help of these blacks in
the South but that the time would
come when the country would need the
people of the South, as it had in the days
of the Revolution and in the Spanish
American war. There wassnot even any
special discussion of the education of
the negroes as class, but the education
of all the people, both blacks and whites,
was advocated
THE meeting at the Century Club
with the President was purely infor-
NAL one, and neither the question Of So
cial equality nor the Booker Washington
dinner was mentioned at all. Less than
ten persons were present, all club men,
bers of their guests, and no reporter.
"The papers which have published
these stories are respectfully requested,
this statement. C. w. DABNEY."
1t would not have been necessary for
DIR. Dabney to have written single line
in answer to this charge, where he is
known. Those who know him under
stand that he would be incapable of
making the statement attributed to him
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-05

Having qualified as administrator OF
Martin b. Underhill, deceased, late OF
Wake county, N. c., this is to notify all
persons having claims against the es-
tate of said deceased to exhibit
them to the undersigned on or before
the 10th day of December, 1902, or this
notice will be pleaded in bar of their re-
covery. All persons indebted to said
estate will please make immediate pay
ment.
This 4th day of December. 1901.
JAS. d. UNDERHlLL,
Admir- of Martha B. Underhill, deceased
DOUGLASS & SIMMS, Attorneys
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-05
BOOKER AT WHITE HOUSE.
Again Pays His Dinner CALI to the Presi
dent and is Cordially Received

A Washington special to the New York
Herald of yesterday said:
Booker T. Washington paid his din
ner CALI to President Roosevelt today.
The famous negro educator appeared
at the White House in the morning re-
ception hour, sent his card in to the
President and was at once ushered in.
The President greeted the negro edu-
Gator with cordiality and had long talk
with him. The conversation for the
most part was of general nature, but
certain appointments We're discussed.
Booker Washington is understood to
have given his views on the appointment
of a District Attorney for the Northern
District of Alabama.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-05

A letter in todays paper tells OF the
organization of the Halifax Historical
Society. That town is the birth place of
great events in the history of this State,
the home of many of the States first
sons. and it is gratifying to note that
the first work to be undertaken will be
to reclaim the old Colonial church. 1t
is an historic building and ought to be
preserved
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-05


night
SrYour method worked
completely
entirely
the freere receipt with
certainly trouble making of the
greatly i'm
All correspondence strictly conhden-
of
The receipt is for the asking and he
the benefh BEEN
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-05

The Raleigh correspondent of the
Asheville Gazette says that the Federal
officers in and around Raleigh say the
order for all office holders to resign, as
committeeman and to take no active part
in politics amounts to nothing" Take
out the work of the pap-suckers OF the
Republican party in North Carolina and
the old thing wouiu go into innocuous
deSuetude"
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-05

Lydia e. Pinkham'S Vege-
table Compound cured ,ae and made
me well, and that is why | gladly
write you this, and gladly thank you;
six bottles was all | took, together
with your Pills. My headache and
backache and kidney trouble wents
never to return the burning sensation
l had left altogether; my general
health was SO improved felt as young
and light and happy as at twenty. J"
-MRs. LOUISE GIBson, 4613 Langley
Ave, Chicago. Ill-S50oo forfeit if abors
testimonial is not genuine.
If You feel that there is anything at
all unusual or pulling about your
case, or if you wish confidential advice
of the most experienced, write to Mrs
Pinkham, Lynn, Mass, and you will
be advised free of charge. Lydia r..
Pinkham's Vegetable Compound
has cured and is curing thousands oi
cases of female trouble. -
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-05
kidney TROUBLES.
Mrs. Louise nj. Gibson Says
That This Fatal Disease is
Easily Cured by Lydia +.
Pinkham's Vegetable Com
DOund.

DEAR Mrs. PINKHAM Il felt very
discouraged two years ago, l had sui,
fered SO long with kidney troubles and
other complications, and had taken SO
much medicine without relief that L
began to think there was no hope for
me- Life looked SO good to me, but
what is life without health? l wanted
70 ha well
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-05

Scotland Neck, n. c., Dec. 5.-The re-
mains of Mrs. Jas. l.. Barnes, who died
at her home, one mile in the country
were inferred in the Episcopal cemetery
here yesterday, Rev. M. l.. Kesler. pas
tor of the Baptist church, conducting the
burial services. She was most es-
teemable lady and leaves husband and
several small children
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-05
Coupon Certificate Notice

NvEsTo RS UNION placed on sale last month
which nearly all solo,
invested In
Residence Property
build family residences
miannual Coupons
OF $780, at which they
lin the
turn
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-05

Barium Springs, N. c., Dec. 5.-At a
meeting of the board of regents of the
Presbyterian Orphanage, Rev. r. w.
Boyd was reelected superintendent. He
has managed the orphanage we'll. All
the other officers were reelected. The
orphanage is in excellent condition.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-05

Charlotte, N. c.. Dec. Sit is feared
that Huen, the colored lineman shot yes
terday by Mr. J. +. Shannon, head line
man for the Bell Telephone Company
will die Mr.. Shannon claims that he shot
in self defense.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-05

Durham. N. c., Dec. 5-St. Philips
(EpiscopaD church elects as vestry for
the year Messrs. w. A. Guthrie, w. l..
Wall, VIM. McGary, DR.. j M. Manning
and H. A! Bost. There are 204 members
with 304 scholars in the Sunday school
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-05

AS all the offices are now filled by
Republicans, j. Wiley Shook will not
write an open letter when the President
puts copper plate on their title to the
office.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-05

/ Mr.. Kitchens bill to repeal the 10Th
amendment would be popular in the
South, but it will never pass. The only
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-05

Morganton, n. c., Dec 4.-Rev. J. T.
Pickett, who died recently left small
legacy to the Episcopal Board of Mis-
sions The bulk of his estate was left
to his daughter in Mississippi.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-05

Albemarle, N. c., Dec. 5.-Grant &
Morris store has been closed by the
sheriff under execution. The firm may
go into bankruptcy.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-05
"VVVVV%V%%%H ]IH]V|%%VH"
! STATE NEWS ITEMS !
%<<<<<<<<<< ~ <<<<$

Charlotte. N. c., Dec. 5.-Mr. James
w. Osborne. Assistant District Attorney
of New York city, is here on a visit to
his mother.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-05

Is the Cropsey disappearance to be a
second Charley Ross case?
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-05
H. E. NORRIS,
ADMINISTRATORS NOTICE.

This December 4, 1901.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1901-08-29
nIiraoles and pilettanteIsm.

HE (Pugin) visited SAINT Andrea
della Fratte, the scene of the miraou-
lous conversion of Abbe Ratisbonne, the
Jew. Able Ratisbonne entered the
church Jew and came out Christian,
having seen there, he stated, a vision of
our Lady. The story, Pugin said after
seeing the church, lis demonstrably
false. The man could not have said a
prayer in such hideous church. Our
Lady could not have chosen such a
church for vision. The man could
have had no piety in him to have staid
in such a church at all.
1.-The friend to whom his remarks
were addressed replied, AS heard the
story, Ratisbonne was not at the mo-
ment praying, but thinking of the I'M
couthness of the architecture of the
place. Pugin's whole face changed. is
that so? Then he was man of God. He
knew what true Christianity was,
though he was Jew. 1 honor him.
Our Lady would have come to him any
where. The story is demonstrably
true '"-"Life of Cardinal Wiseman, ="
by Wilfrid Ward.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1901-08-29
Notice of PubIIcation-uhancery.
State OF Illinois, lss

State of Illinois, l..
County of Rock Island
In the circuit court, September term, A. D.,
1901.
James BaImer vs. Julia Phillips, Frank NJ
Phillips Clyde g. Phillips Artie Phillips,
Maud Adams, Anna NJ. Phillips Edward ID.
Phillips. and d. X. Moberly and Frank s.
Cool. administrators OF the estate OF ID. L
Phillips. deceased In chancery
Af1davit of non-resldence of the said Julia
Artie Phillips Maud Adams. Anna NJ. Phillips
Edward ID. Phillips, and ID. X noberly, admin
istrator OF the estate OF ID. Z. Phillips. de-
ceased, having been fled In tue clerks once
of the circuit court of said county, notice Is
therefore hereby given TO the said non-resi-
his bill OF complaint ia said court. on the chan
Gerry side thereof, on the Eth day of August,
1901. aud that thsreupon a summons issued out
of said court. wherein said suit Is now pend
ing, returnable on the third Monday IN the
month of September next, AS Is by law re-
quired- Now, unless you. the said non-resi-
dent defendants above named. Julia Philips,
Frank NJ Phillips, Clyde G. Phillips, Artie
Phillips, Maud Adams, Anna M. Phillips, Ed
ward ID. Phillips and ID. a Moberly, admins
traitor OF the estate of ID. Z Phillips, deceased,
Ehall personally be and appear before said cir
cult court on the first day of the next term
thereof, to be holden at the court house In
county. on the sixteenth day of Septem-
Der next, and plead. answer, or demur 70 the
said complainant's bill of complaint, the same
and the matters and things therein charged
and stated viii be taken as confessed, and
decree entered against you, according 70 the
prayer OF said bill
GBoRGE w. GAMBLE. Circuit Clerk.
Rock Island, III, Aug. u, 1901.
SEARLE MARSHALL, Complainants Solici-
tors.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1901-08-29
Special Masters Sale.
Jackson & Hurst, Attorneys.


State of Illinois, lss.
Rock Island County,
In the Circuit Court In chancery:
The Home Building and Loan assoc lation,
Complainant, VS.. James Downing and Re-
becca Downing. General No 1903. Fore
closure
Notice Is hereby given that By virtue of a
decree of said Court, entered In the above
entitled cause, on the 9Th day of
July, A. ID. 1901, shall, on Saturday, the
3ist day of August, A. D., 1901, at
the hour of one O'Clock in the after
noon, al the East door of the Court
House, in the City of Rock Island, In
said County OF Rock Island, to satisfy said
decree, sell at public vendue to the highest
bidder for cash, that certain parcel Of land
situated In the County of Rock Island and
State of Illinois, known and described as
follows. to-wft:
Lot No. Five 90 In Block No. Sixty-one (6D
in that part of the City of Rock Island. known
as and called Chicago or Lower Addition.
Dated at Rock Island, Illinois, this 3lst day
of July A. d. 1901.
JACKSON & HURST, Solicitors for Complainant.
W. J. ESTRIKIN.
Special Master In Chancery, Rock Island
County, Illinois
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1901-08-29
McNEVIN & GANsERT, Distributors.
Notice of PublIcatlon-Cnanoery.
State of Illinois, J..
Rock Island County o9


Rock Island County -
In the Circuit Court of the said County to
the September term thereof, A. d. 1901.
Bertha Bolen VS.. Wilson Bolen-In Chancery,
divorce.
Afidavit of non-residence of the above de-
PENDANT, Wilson Bolen, having been fled in
the clerks once of the circuit court of said
county and state showing that the residence
of the above named defendant Is unknown
and that due and diligent inquiry has been
made to ascertain the same, notice Is there
fore hereby given to TO the said nonresident
defendant that the complainant has fled her
bill of complaint in said court against you, on
the chancery side thereof, the 18th
day of August, A. ID. 1901, and that there
upon summons issued out of said court
wherein said suit is now pending, returnabl
on the third Monday in the month of Septem-
Der next, as is by law required. Now. unless
you, the said nonresident defendant above
named, Wilson Bolen, shall personally be
and appear before the said circuit court on the
first day of the next term thereof, to be
holden at Rock Island, In and for the said
county, on the third Monday in September
next and plead. answer or demur to the said
compliments bill of complaint, the same and
the matters and things therein charged and
stated viii be taken as confessed. and a de-
cree entered against you according to the
prayer of said bin.
GEORGE w. CAMILLE Clerk.
Rock Island, ILL.,. August IS. A. ID. 1901.
McCAsKRIN * MCCAsKBIN, Compartments
Solicitors.