davidaulloa/AmericanStories huggingface dataset:
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-10-15
THE q
Messrs. Powers, Gibbs & Co., Won In
an Important Suit Yesterday-It Took
Up Almost the Entire Days Session
of Court.

Pursuant to adjournment Wednesday
evening, the superior court of New
Hanover county met yesterday morn
ing at 10 o'clock, His Honor Judge
Oliver Fl. Allen presiding.
During the day the only case tried
was that of the Davis Sulphur Ore
Company, of New York, against Pow
ers, Gibbs & Co., the well known fer
tilizer manufacturers of this city.
The New York firm sued for a balance
Of some 1,500 which they allege in
their complaint that Messrs. Powers,
Gibbs & Co., owed them after deducting
a check for $4,000. Messrs. Powers,
Gibbs & Co., contended that the check
for So, 200 paid thir account in full and
that they did not owe a balance to the
Davis Sulphur Ore Company.
The evidence showed that in re-
hitting the check for SO, 200 Messrs.
Powers, Gibbs & Co., wrote in a letter
with it that it was for the balance due
the ore company. EX-Judge E. K.
Bryan, counsel for Messrs. Powers
Gibbs & Co, contended that the ore
company having accepted the check
with the statement that it balanced
the account were estopped from recov-
ering any balance claimed. The plain
| tiffs were represented by L. V. Grady,
| ESD, and he contended that the check
| was received on account. The issues
| presented to the jury were as follows:
Il. Are the defendants indebted to
the plaintiffs and if so in what
amount?" 49,.
$50. Is the plaintiff indebted to the
| defendant. and if so in what amount:
The jury answered both issues no"
The contention that receiving the
| check with the statement that 1t was
to balance the account implied consent
| on the part of the plaintiffs, was >as-
| tanned. The courts of North Carolina
have so held before.
Tho case of Mrs Meta H. Mullen
against the city of Wilmington was
continued. as was also the case OF
INCH MacRae against Thomas a. Nc
Intyre ct al.
The case of w. A. wright aSdinS'
uezekiah Ronham ct al was set as the
| Fret carse for trial on the first day OF
the next term.
At ABS p. m. the court tooh i0
till $3.50 o'clock this morning.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-10-15
NORTH CAROLINA WOODS
Fine Specimens for Charleston EXPOSE
ton ~Penftentiary Notes halfway
Inspection-Stare Pensions.
Messenger Bureau.
Raleigh. ". c., October 10.

Raleigh. Y. c., October 10.
The finishing touches are now being
given the specimens Of North Carolina
woods m he sent to the Charleston ex-
position. There are about $50 specl-
mems. The treatment of many of these
is novel and artistic and gives new
ideas of the possibilities.
Work has begun or the new Industrial
building at the oxford orphan asylum.
Ono of the trustees says industrial work
is IN be made an even greater feature
of the life there.
Robinson's circus was here today n
the usual throngs of people from the
countr came in. The short crops u
the bad year were put u Of mind Tor
one day at least.
The p~enitentiary authorities intend to
put every available convict on railway
construction, as soo as the crops c2n
be harvested. The rebuilding Of the
great dikes on the states own farm,
"~Caledonia," on the river, IS
practically completed. The lease on the
"Tillery" farm expires this year THIS
will leave only the "Anson" farm under
lease. and this year the latter farm is
only nOminally operated, about a dozen
convicts being there.
The state superintendent of public in
struction today issued a circular letter
to county superintendent, recommend
ing the purchase of text books bound in
cloth rather than those in paper bind
ings. as the difference in cost is but
small and the cloth bound books are
far more durable.
Chairman Mcneil of the corporation
commission says the commission will
not inspect the Seaboard Air Line just
now. but will go over it 1t IS
hardly possible for it to investigate the
recent accidents. That would require
summoning witnesses, etc. If the
investigation of an accident were in
stantly made something of value might
be assertained. For this reason there
will be made a very careful inspec-
ton.
Attorney General Gilmer, who has
been very successful as a fruit-grower
at Waynesville. Haywood county, has
had sent him superb specimens of ap-
pies from his orchards. He sold his
crop on the trees to buyers who on the
spot barreled the apples and shipped
them north.
The auditor has not yet completed the
revision of the pension lists. AS was
stated some days ago, the state board
of pensions has finished it's work, and
the delayed applicants who came in TOO
late. will hav to go over until next
e
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-10-15
UNITE STATES U
Three Convictions for Running Blind
Tigers-The Grand Jury Exonerates
q Colored MfntSter-The Whftev1l1e
Postofice Embezzlement Case Still
on Trial.

TIL United States district court which
took a recess On Wednesday evening
met yesterday morning at 10 o'clock.
Judge Purnell presiding.
Needham Hathaway, of Columbus
county pleaded guilty to retailing
liquor without a license, and was sem
fenced to 60 days Imprisonment and
fined s1OO.
Needham Merritt, of Columbus
county, pleaded guilty to retailing.
Judgment was suspended and the de-
PENDANT discharged.
G.. Robert Ballard, of Robson coun-
ty pleaded guilty to retailing. Judg-
ment was suspended and he was dis
charged.
The grand jury returned mo a true
bill'' as to the following parties charg-
ed with retailing. Frank Barnes and
Willie Holmes, of Columbus county;
James @. Lowrey and Edna Oxendine,
of Robson county; and the Rev. w.
Montgomery Jackson, of Cumberland
county. The latter defendant is the
pastor of the colOred Episcopal church
at Fayetteville and it seems hat some
one indicted him for ordering some
whiskey for a sick parishioner. He
made no profit on the liquor n the
grand jury promptly eXonerated him.
His friends claim that the prosecution
was malicious, as he bears a good rep
utation in Fayetteville.
The above matters only occupied a
few minutes of the courts time. The
trial of governments case against label
Register, former clerk in the White
vile postoffice, for opening registered
packages and extracting the contents,
was again taken up where it was left
~e XU@I-~-l-- ,@- VI MI
day was taken up in the examination
Of the witnesses for the government.
At 5 p. m. the government rested and
the court took a recess till $50 o'clock
this morning. The witnesses for the
defendant will be examined today.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-10-15
THE CHASE
Members of the Winston Fox CLUB
Here Having Sport With the Will
mineton Fox Club-They Have Been
on the Hunt Since Tuesday.

Mr.. ]. Winfree. president OF the WIN
ston Fox Club and Mr.. w. II. Parneh'
a member of that club, arrived mere
Tuesday and are guests Of the WIN
mington Fox Club. They orouSht
twelve of their hounds, and accompa-
MED by Captain r. o. a ana
Messrs. w. T. Sears and E. l.. Sne@o'
OF the Wilmington Club. who carrleo
along the home pack, the sportsmeh
went on a chase Wednesday morning
and caught two foxes. WEDNESDAY
night the party went 10 WrightsVllte
had a fine oyster roast, n again Ment
on the chase yesterday. They caught
a fox and had quite an adventure Win
a polecat. They will go out again this
morning
Mr.. l. B. Vaughan. another melIcer
of the Winston club. arrived mere Iast
night TO Join the party. The winston
gentlemen will be here till SUNDAY.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-10-15
ROSTER OF OLD SOLDIERS
Work of Monument Association-Sale
of Valuable Property-Chfef Marshal
of The Fair.
Correspondence of The Messenger.)

Correspondence of The Messenger.)
Fayetteville, N. c., October ID.
The Cumberland Monument Associa-
ton will soon have published in pam
phlet form a complete roster of all the
soldiers who entered the conferedate
service from the town Of Fayetteville
and the county of Cumberland. h is
already complete, and shows consider
ably over a thousand officers and en-
listed men. The pamphlet will be sold
at a small price for the benefit of the
association.
DIR. T. NJ. Hunter, Messrs. G. &. Nc
MILAN and J.. d. Powers yesterday
bought the real estate fronting on
Worth and Mumford streets, in the
southern part of town, the last piece of
property held here by the North State
Improvement Company. The purchase
price was $1,000, considered to be not
half it's value.
Captain J. B. Smith is a good selec-
ton as chief marshal for the fair.
The appointment of Major E. ]. Hale
on the executive committee at the river
and harbor congress in Baltimore graf
ifies Fayetteville people.
Good prices were eagerly paid by
fruit n vegetable growers for the up
to-date farming utensils, at the sale
yesterday at Zellmore, the fine truck
plantation two miles west of town. The
departure Of the owner, Mr.. FftZell,
causes much regret here.
Mr.. Herbert Lutterloh, the wner is
dismantling of its shelves, partitions,
ETC.. the building formerly occupied by
the Cumberland county ~dispensary and
will remodel it for business purposes,
putting in a handsome plate-glass
front.
Mr.. Leighton w. Mcpherson, assis-
tant in the office of register of deeds,
has one to Richmond, Va, to have mis-
eyes treated.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-10-15
GOLDSBORO GOSSIP.
Correspondence of the Messenger.)
Goldsboro, N. c., October 10.

Correspondence of the Messenger.)
G~oldsboro, n. c., October 10.
The marriage of Mr.. Benjamin
Abraham to Miss m Hatkiss at the
residence of the brides sister, Mrs. S.
Lewis, was performed last night very
fmpresively and beautifully by the
Jewish rabbi in the old Hebrew style.
After the ceremony the assembled
guests were invited to partake of the
feast of good things prepared for the
occasion. The tables were loaded with
the choicest viands obtainable. Many
were the hearty congratulations and
beautiful presents attesting the esteem
of the oun couple.
The Odd Fellows of NeuSe lodge, No.
6. will hold a public reception for the
children at the orphanage of this city
Tuesday night at 8 o'clock. The chill
dren will give a musical concert in
terspersed with short speeches.
The death Of Mrs. Sally Cobb, the
venerable mother of Mr.. Dennis Cobb
and Mrs. w. P. Wrenn, of this city,
and Mrs. Richard burlington, of
Sampson county, occurred at the home
Of her daughter this morning.
The coming Sunday school conven-
ton which will meet in the First Bap-
fist church Friday night promises to be
a great gathering.
Superintendent of Public Instruction
Atkinson is conducting an examination
for the school eachers today. A dozen
or more are standing.
The circus tomorrow! The young
sters mighty happy and some of the
old ones still happierI
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-10-15
SoRrH CAROLINA

Raleigh News and Observer Dunn
" c.. October S-Mr. E T. Spence. q
nrominant citizen OF our had n
misfortune to have his foot u and
torn almost { pieces IN his pianer
this morning.
Greensboro Telegram: The fakirs
who make it their business TO follow
shows and fairs made their appearances
in Greensboro Saturday. The first evil
dence Of their being here was IN the
detection of spurious silver dollars
Several We're taken IN and
other detected the fraud before taking
the money.
Winston Journal: Gus Harsten. cole
ored. is a fugitive and will be lucky IL
h escapes capture and murder OF his
Wife Polly. This morning after q pro-
tracted dispute in regard TO some
household furniture and some other
trivial matters. Harsten became tnfel-
rated at the woman picked MP q rock
and struck her a terrific blow on the
head. Her skull was fractured and for
a time il was thought she was dead.
but she rallied and is improving.
Kinston Free Press: There are four
negro women in Jail awaiting trial af
the forthcoming term OF court and
seven men all colored. The highest
crime with which n is charged Is that
OF incendiarism: Jim Williams being
charged with burning DIR. Hadleyes
stables. four horses. TIVE mules and one
COW. at LaGrange.-Mr. j. r. Tfngle.
of Pitt county. lear Grifton. died
Monday evening OF a yellow chill. aged
about so years. He was buried today.
About four weeks ago he lost a daugh-
ter, and about a week g his son died
Of the same dread disease.-Jesse
Chestnut, colored. was before Mayor
Webb his morning. charged with
whipping his wife. The mayor dis
charged him upon payment Of costs.
evidently thinking from the evidence
there was ample provocatlon for the
whipping.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-10-15
Agricultural Commissioners Conven-

"
Hot Springs, Ark, October 10.-The
convention Of cotton states commits
sioners of agriculture adjourned sine
die this afternoon. A report Of the
committee on uniform fertilizers, guar
antees and laws was the feature of to-
days session. 1t recommends to the
legislatures Of the cotton states that a
law be passed similar to that now in
force in the state of Georgia, which
practically bars h lower grades of fer
tiliZers from h markets.
The estimate of the commissioners Of
the cotton crop for 1901 is $500, 900 bales.
The estimate is based on government
estimate reports and the observation
of the commissioners.
Pursuant to a resolution passed by
the association a committee of six was
appointed by the chair to appear before
the congressional postal committee and
recommend that all printed matter on
seeds mailed by the agricultural de-
partments of the states of the union
go through the mails free.
Resolutions were also passed endors-
ing the movement in the southern
states looking toward establishing
courses of instruction in schools in ele-
ments of scientific agriculture.
The association then adjourned to
meet in Nashville next year.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-10-15
Meeting of Cotton Planters
Correspondence of the Messenger.)
Halifax ~ q 0o4oho- 10

~ S, OClOOCI ~"
On Saturday, h 5th, quite a large
number of the most prominent plant
ers in his county met at Halifax to
take preliminary steps to effect a
permanent organization to act in con-
junction with the State Farmers Cot
ton Growing Association.
w. H. Clark, who represented Hall
fax county planters at the recent state
convention held in Raleigh gave an ac-
count of the proceedings of that con-
vention.
DR.. Ferguson declared that seed
were worth 35c per bushel to every
planter, and strongly advocated hold
ing every bushel. He said the oil and
fertilizer trust could be made to come
to terms if the farmers would stick to-
gether. The idea Of offering only 12c
per bushel was an insult to every in
telligent planter.
Hon. z. L. Travis made a spirited
address and urged the formation of a
strong organization
Register Norman, w. H. Clark, and
others also made addresses following
up this suggestion.
1t was finally decided to call a meet
ing of the planters at Halifax on Nom
day, October 21st, n to select organ
izers for the various towns t~hroughtour
the county to. arrange local meetings
as soon as possible from which dele
gates should be sent to take part in
perfecting the county organization.
The following gentlemen were then Sc
lected to carry out the work in their
towns: T. H. Taylor, Brinkleyviile; w.
H. Thorne, Airlie: j. Z. Johnson, Lit
Teton; T. L. Emery, Weldon; DR.. III.
3. Ferguson, Halifax: w. H. Butter
worth, Scotland Neck; j. H. Pope,
Concanara: w. 7. Whitfield, Rose
Leaf: l.. J. Baeer, Palmyra; c. b.
Williams, Ringwood; S. Pope and w.
H. Clark, Enfield.
1t is anticipated that the meeting at
Halifax on Monday 21st, will be n
of the greatest gatherings of planters
ever assembled in this county, and
each township organizer is expected to
send as many delegates as he can in
duce TO attend.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-10-15
swINDLER IN TowN
A Fellow That Looked Like a Farmer
Passed n Spurious $50 Bill at the
Racker store-It Was ssRaised'' From
SO Bill.

Yesterday morning in making up his
cash, Mr.. George o. Gaylord discover
ed hat a clever swindle had been per-
trated on his establishment. H found
among his cash a SO bill that had been
raised TO $50. BY the transaction the
swindler got two pairs Of shoes and
s36 in money.
Wednesday evening a wtiIte man who
looked like a farmer went into the store
and after looking around q while ne
purchased two pairs Of shoes. He ten
dered a $50 bill in payment and the oal-
ance of about $50 was given to him in
change.
The bill by which the Racket store
was taken in was well calculated to de-
ceiye. A figure 5 had been deftly past
ed over the figure 1 on the $40 note.
MI. Gaylord has the $40 so he is out
s26 and the two pair OF shoes in the
transaction.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-10-15
Death off yyen known Mariner
The SOUTHPORT Standard OF Thursda;

The Southport nda OF THURSDAY
says:
1T bec5mes our sad duty TO chronicle
the de4th of Captain Henry g. Swan.
which occurred al his home yesterday
afternoon at ais O'Clock. at h ad
vanced age OF nearly Il years. after an
Illness of over a year.
The deceased was born in Norway.
and came to Southport about 20 years
ago He was captain OF tie FTying
Pan lightship for Is years. but for the
past FIVE years his feeble health has
prevented him from leaving his home
only occasionally. He leaves six daugh-
tiers. Mrs Grissom. Of Cape Roman.
s. c.. Miss Louise Swan. Of New York.
Mrs. J. 3. Fountain. Misses keta, Ida
and Edith Swan. OF Southport and four
sons, Captain Geo. II. Swan, or Charles
ton. s c.; Assistant l. H Keeper.
Charles Swan. OF Little Cumberland
Island, Ga. and Messrs- Guss and Fred
Swan. OF New York. Mrs. swan died
in Southport about 10 ago. His
funeral will be conducted from his res
idence this afternoon"
The Charleston News and Courier.
Of yesterday says OF Captain Swan:
"a dispatch was received here yes
terday afternoon by Captain George III.
Swan. president of the Charleston
Pilots Association, informing him OF
the death of his aged and honored
father. Captain Henry swan, at South
port. ". c. Captain Henry Swan was
a native Of Norway. h birthplace OF
many of the most courageous, adven-
turous and skilful mariners that ever
braved the dangers of the deep. He
came to Charleston IN early boyhood
and sailed between this port and Eu-
rope, and was in coasting vessels, until
the beginning of the val between the
states. when he was engaged in block
ade running. After the cessation OF
hostilities Captain Swan was appointed
keeper of a light house. From that he
was promoted to the command OF the
light ship on Frying Pan shoals. which
position he filled faithfully and credit
ably until compelled to resign, on ac-
count of bodily infirmity, which cul-
minated in his death. For many years
his home had been at Southport, but he
frequently visited Charleston, where
the morning of his manhood was
passed. and to which his thoughts ever
tenderly turned. Captain Swan was an
intuitive sailor and a capable ship mas
ter; active, energetic and thoroughly
reliable. enjoying the confidence Of n
was highly commended by his superior
officers. He was a warm-hearted and
companionable man, a good and up
right citizen, and his death is deeply
deplored. His son, Captain George H.
Swan, will leave Charleston this morn
ing for Southport to be present at the
funeral services"
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-10-15
STATE PRESS.

Whatever the outcome of the Schley
court of inquiry, the scars Of the Brook
Ign will continue to speak for HEM
selves. The nav clique may triumph.
in a way. but Schley's name and fame
will be testified to, so long as his battle
ship. the Brooklyn, exists. With her
numerous wounds she stands out as
an eloquent and forceful testimonial
to the valod of Schley and his crew.
Charlotte News.
Loge Harris, daddy of fusion and
sponsor for McLaurinism in North Car
DINA is in high glee. The appointment
of ex-governor Jones, Of Alabama, to 2
district Judgeship and Blalock the
South Carolina McLaurinite to be In
ternal collector of revenue by President
Roosevelt, is considered by Loge 10 be
a solar plexus blow to the old line and
federal office holding radicals in this
state.-Raleigh News and Observer.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-10-15
Eliza bethtown Notes,
Correspondence of the Messenger.)
ElizabethtOWn, N. c.. October 10

Correspondence of the Messenger.)
Elizabethtown, n. c., October 10.
Bladen county superior court is in
session here this week. It is a two
weeks term. but there are no cases OF
unusual Importance on the docket
Solicitor c. NJ. Mclean is appearing for
the state. This is his home.
People from all parts Of the county
report the crops the poorest for a long
number of years-almost a failure.
This is Judge Meals first court here,
and he is giving much satisfaction.
Inc people seem much pleased with
him, as he is a plain man, an upright,
Christian judge and lends dignity to
his high office
Not far from Elizabethtown is said
to be the road which Lord CORVALLIS
travelled while marching from Fayette-
vile to Wilmington with his army.
Tt is also said hat Francis Marion
spent some time in this section with
his army during the revolutionary war,
The history Of this section of the coun-
Try should be written up.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-10-15
State of Ohio. City of Toledo Sc.
Lucas County.

Frank ]. Cheney makes oath that he
is the senio~ partner of the firm Of T.
j. Cheney & Co., doing business in the
City of Toledo, County and State afore-
said, and that said firm will pay the
sum OF ONE HUNDRED DOLLARS
for each and every case of Catarrh
that cannot he cured by the use OF
Halls Catarrl Cure.
FRANK J. CHENEY.
Sworn to before me and subscribed in
my presence, this 9Th day of Deem
Der. a. D. 1886.
(Seal.) \. w. GLEASON,
Notary Public.
Halls Catarrh lure is taken internally
and acts directly on the blood and
mucous surfaces of the system. Send
for testimonials. free.
F. ]. CHENEY & CO., Toledo, O.
Sold by Druggist, 75c.
Halls Family Pills are the best.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-10-15

For three days and nights / suffered
agony untold from an attack of chol-
era merbus brought on by eating GU
cumbers." says NJ. E. Lowther, clerk
OF the district court, Centerwille, Iowa.
II thought I should surely die, and
tried a dozen different medicines but all
TO no purpose. I sent for a bottle OF
Chamberlain's Colo. Cholera and Diar-
rhoea Remedy and three doses relieved
me entIrel." This remedy is for sale by
r r. BelIamy. druggist.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-10-15

A new remedy for b~iliousness is now
on sale at r. r. Bellamy's drug store.
1t is called Chamberlain's Stomach and
Liver Tablets. 1t gives quick relief and
will prevent the attack if given as soon
as the first indication of the disease ap-
pears. Price, 25 cents per box. Sam
pies free. r. r. Bellamy, druggist.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-10-15
COMMITTEE.

When you have no appetite, do not
relish your food and feel dull after eat
ing you may know hat you need a
dose of Chamberlain's Stomach and
Liver Tablets. Price, % cents. Sam
piles free at r. r. Bellamy'S drug store.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-10-15
Free Rice for Nicaragua

Managua, Nicaragua, October TO-
President Zelaya has issued a decree
providing for the entry of rice, duty
free, into Nicaragua until next May.
This step is taken on account of the
large demand for rice, it's scarcity and
the high price of the commodity in this
country
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-10-15

Louisburg special To Raleigh Post:
An election was held here today upon
the question Of issuing bonds to the =
amount of S30.000 for water works and
sewerage. The result was in favor or
bonds, a majority OF the qualified vot-
ers having voted for same.