davidaulloa/AmericanStories huggingface dataset:
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-09
ARTICLE TEN DEFEATED.
Correction of Clerical Error Changes Result
in House Of Deputies
(By the Associated Press.)

San Francisco, Oct. S.-The result OF the
protracted debate in the Episcopal House
of Deputies, which ended yesterday in the
apparent adoption of the proposed addi-
tion to article ten of the new constitu
ton providing for a form of service not
strictly in accordance with the prayer
book, was nullified this morning by the
correction of a clerical error.
The change of the vote of Nebraska,
which had been incorrectly entered in
the record, resulted in the defeat of the
amendment, greatly to the surprise of
many, who had not considered the fact
that a majority of the diocese voting is
the vote of divided delegations virtually
counts among the nays.
Although the defeat of this much de-
bated measure, commonly known as the
Huntington amendment, was apparently
accomplished by the changing of the err
roneously recorded vote of Nebraska, a
we'll informed deputy said it was really
due to the division of the vote of Cali
fornia.
This diocese voted yea at first, but af-
terward a belated deputy came in and
recorded his vote as may" thus placing
the entire vote OF the diocese under the
head of divided" and making it possible
for the correction of clerical error to
entirely change the final result.
A majority of the committee said that
it was not prepared to make any recon-
mendation on the memorials from Mil
waukee and Colorado, that the name OF
the church as it appeared on the title
page of the Prayer Book, be changed.
A majority report was presented rec
ognizing that a constitutional amend
ment would also be required and asking
that the whole matter be referred to a
special committee to be appointed by the
chair.
The committee further reported a rec
ommendation that the House concur in
the action of %the bishops providing for
marginal readings. also that they could
not advise the authorization of the use
OF the revised version in reading the les
sons.
J. T. Morgan presented a memorial
from the church clubs of New York and
other cities in regard to a bishopric in
the Philippine Islands.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-09
yaah,n D,vs,on Main Line-Train leaves

Yadkin Division Main Line-Train leaves
Wilmington, 900 a. m, arrives Fayette-
willie 1905 D. M, leaves Fayetteville lz.zo
n. M. arrives Sanford 1.43 .. m. return
ing leave Sanford sos p. m. arrive Fay
etteville 43O p. N. arrives Wilmington
1926 D. m.
Bennettsville Branch--Trsin leaves Ben
nettsville sos a. M. Maxton s.Oo q. M.'
Red Springs 9.51 a. N. Partition l0.4l q.
M, Hope Mills 1855 a. M. arrive Fayette-
Vile lilo. Returning leaves Fayetteville
AS D. M, Hope Mills 500 D. NJ, Red
Springs 5.4S p. M, Maxton Clio p. M
arrives Bennettsville 7.15 o. m.
Connections at Fayetteville with train
No. IS, at Maxton with the Carolina Cen"
trail Railroad, at Red Springs with the
Red Springs and Bowmore railroad, at
Sanford With the Seaboard Air Line and
Southern Railway, at Gulf with the Dur
ham and Charlotte Railroad.
Train on the Scotland Neck Branch
Road leaves Weldon 3.55 p. m, Halifax
AT D. m, arrives Scotland Neck at 5GS
D. M. Greenville 6.57 p. m. Kinstor 7.bs
D. m. Returning leaves K!nston 7.5O o.
M. Greenville $50 a. M, arriving Halifax
at Ills q. m, Weldon 11.S3 q. m. daily
except SUNDAY
Trains on washington Branch leave
Washington $40 am. and 2.S0 D. m, ar
rive Parmele 80 a. m. and 400 p. m.
returning leave Parmele 9.35 a. m. and
$50 D. m, arrive Washington HOO o. IN.
and 7.30. p. M, daily except Sunday
Train leaves ,Tarboro. N c., daily ex-
cept Sunday $50 p. IA, Sunday. Alb p. in.'
arrives Plymouth TAO p. m, e.lo D. IN.
Returning, leaves Plymouth daily except
Sunday 75o a. M, and Sunday 900 g. m.'
arrives Tarboro 1910 a. m. i1.OO q! IN.
Train on Midland N. c. Branch leaves
Goldsboro daily, except Sunday 800 o. M
arriving Smithfield $40 a. m. returning
leaves Snithfield 500 a. M, arrives AZ
Goldsboro s.25 a. m.
Trains on Nashville Pranch ieaNe
Rocky Mount at $50 a. u.. $40 D. M
arrives Nashville 1920 a. M. 4.O3 P. Ms
Spring Hope HOO a. m, AS p. m. Ne-
turning leave Spring Hope 1l.2o .. m"
4.55 D. m, Nashville 11.45 a. M, o.zb p
m. arr i've az Rocky Mount 12.l0 p. M.
500 D. m, daily except Sunday.
Train on Clinton Branch leaves war
saw for Clinton daily. except Sunday.
II 40 a. m. and 4.25 p. m. Returning
leaves Clinton at 6.45 a. m, and 2.5O p. LII.
Train No. IS makes close connection at
weldon for all points North daily, all rail
via Richmond.
= H. M. EMERSON.
General Passenger Agent
r r. KENLY, Gen. Manager.
T. " EMERSON. Traffic MANAGES
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-09
AND
BRISTOL ARE HEARD
Continued from First page.)

ner Lieutenant Bristol said that he had
made his chart because Of his interest In
the battle and that he had prepared 1t a
few days Otter the battle. He had start
ed the work the day after the engage
ment and had depended partly upon
memory in its preparation.
Mr.. Rayner asked the witness If his
chart was not wrong except in the first
positions assigned.
The witness: ITO the best of my
knowledge and belief It Is right"
Mr.. Rayner called attention to the fact
that the witness had said that at the be-
ginning of the battle the Brooklyn was
heading north and east, while Lieuten-
ant Commander Hodgson, who had been
aboard the Brooklyn, had said the yes
sci was heading north and west. (Which
is right?'' he asked.
Il believe | am right" the witness re-
piled.
At Mr. Rayner's request the witness
made measurements, showing that
according to his chart at the beginning Of
the fight off Santiago the nearest Span
ish ship to the Brooklyn was 1900 yards.
Mr.. Rayner asked: How can you
reconcile that with the statement of
Lieutenant Commander Hodgson that
the range at the time of the Brooklyn
was 1,400 yards?"
II cannot reconcile my statement with
that of Lieutenant Commander Hodg-
son."
"Then these two statements are per-
fectly irreconcilable?
"A range of 1,400 yards at the time of
the turn of the Brooklyn is absolutely
irreconsilable. A stadimeter, at 1000
yards is not an accurate instrument and
that it was, they state, they took the
measurement with. Also, in smoke Of
battle it is impossible to take ranges
accurately
Mr.. Rayner questioned the witness as
to the stay of the Flying Squadron at
Cienfuegos, The latter said he had not
considered that they maintained
blockade there. I'VE were merely lying
off the port he said, "and at night any
thing could have passed in so far as we
We're concerned without being SEEM
He admitted that the Dupont and the
Castine had been kept inside the line at
night, but that he had not been able to
see them.
The witness had not concluded his
testimony when court adjourned.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-09

former striking her several times and
the latter once, the ball making hole
right through her above the water
mark, though the damage in other re-
spect was slight
The Quito then steamed to the farther
est point the tide would permit and
again anchored. The firing was now re-
sumed, but it quit after few minutes,
the Liberals seeing the impudence of
their action.
1t is significant that shortly after the
Quito incident not made public, but pre-
sumably Iumaco.
The steamships agents have been Off
cially notified not to accept freight at
that port.
The situation on the Isthmus is UNI
changed and quiet.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-09
THE KENTUCKY rUrURITY.
The SIG, 900 Race Won by Peter Sterling in
Straight Heats.
(By the Associated Press.)

(By the Associated Press.)
Lexington, KY, Oct. 8.-The three open
ing events of the ten days meeting Of
the Kentucky Trotting Association, which
began here today, were won in straight
heats, though each was hard fought to the
wire. In the Kentucky Futurity, value
$4,000, Walnut Hail. the favorte, could
do no better than lap with Peter Stirling
around the circle and finish half length
behind. Peter Stirling was forced to DO
his best in each heat, Hawthorne sue
ceeding to second place in the third when
Walnut Hall broke in the stretch and
making the clip home furious. The starts
were exceptionally good and at all stages
the contest was beautiful, the leaders be-
ing abreast much of the time. Summary:
The Tennessee 2:0S pace. Dan Patch
won in straight heats; Shadow Chimes,
second; Mazette, third. Best time, 2:05.
Kentucky Futurity Peter Stirling won
in straight heats; Walnut Hall, second;
Hawthorne, third. Best time, 2:13, 2:11A,
2.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-09
The Heistand Investigation.
(By the Associated Press.l

Washington, Oct. S.-When the Senate
Committee on Military Affairs today re-
sumed its investigation of charges
against Lieutenant Colonel Heistand,
Thomas j. Mackey appeared as attorney
for Major Hawkes., the prosecuting wit
ness. Former Assistant Secretary of War,
Geo. ID. Meiklejohn, resuming his testi-
mony begun yesterday, detailed CONVEX
satlon which he had with Hawkes., in the
course OF which the latter had declared
that unless he was appointed to posi-
tion he would publish the details of the
hemp combination. MIR. Meiklejohn told
him that SO far as he was concerned he
might do so. Mr.. Mackey, counsel for
Hawkes., asked if the proposed hemp COM
pany was not abandoned because Flint
Eddy and Company had monopoly OF the
hemp business in the Philippines, but MI.
Meiklejohn replied that he never knew
anything about Flint Eddy and Company.
The committee declined to permit counsel
to ask questions designated to bring Sec
rotary Root into the investigation.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-09
ADOPT ARTICLE TEN
A Day of 0ratory in the House
Of Deputies.
Old Forms Of Worship Allowed Congregations.
mol In Union With Church Who Accept
Biship's Oversight.
(By the Associated Press)

san Francisco Oct This was a day
Of oratory in the House OF Deputies in
the Tri-ennial Episcopal convention The
debate which began last Saturday on the
proposed addition to Article <, OF the
Constitution. prescribing the form Of wor-
shin was continued all day and resulted
i'm it's adoption. AS adopted it is as fol-
lows
"But provision may be made by canon
for the temporary use of old forms and
directories OF worship by congregations
not in union with this church. who are
willing to accept the spiritual oversight
of the bishop of the diocese or mission
airy district"
The debate was very animated and I'M
til the result was made known, it was
the prevailing opinion that the vote
would be much more evenly divided than
it was. 1t was strongly urged by the adj
vocates of the proposed change that its
adoption would open the way to a great
increase in the membership of the church,
while its opponents regarded it as too
radical an innovation.
Rev. DR.. Huntington. of New York,
made the closing argument. The four
great questions, he said, which confront
the American people are the sanctity OF
the home, the publication of the municip-
al life of our great cities, the relation
between capital and labor, and, towering
up over all others, because entering into
all others, was the question whether we
can thoroughly and uniformly consolidate
all the republic functions of the republic.
He argued that the step, which is now
proposed to be taken by the Episcopal
church, would be in the direction of
such a conclusion. The vote was then
taken and resulted as follows: Clerical,
ayes, so dioceses; nays, 16; divided 10.
Lay, ayes, 35; nays, IA; divided
The resolution was declared to have
been carried.
The House of Bishops adopted the
amendment to Article I, section 10, of the
Constitution, already approved by the
Deputies, which. in effect, makes the pre-
siding bishop of the church elective for
a term of three years by majority of the
bishops. 1t was voted, in view of the
growing Importance of missionary work
in China. to divide the district of Shang
hal into two departments, to be known
as those of Shanghai and Hankow. The
bishops considered a number of reports
and transacted much routine business.
The American Sunday School Institute
elected Bishop Talbot, of Central Penn
sylvania, president and retained Rev. H.
l.. Duhring, of Philadelphia. as secretary
treasurer. It's sessions were addressed
by several Sunday School workers.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-09
A NEW BAPTIST ASSOCIATION.
Probable That the Eastern Baptist Association
Will Divide

Yesterday DR.. R. T. Vann and Rev.
Livingstone Johnson left for Sampson
county where they go to attend the an
nual meeting of the Eastern Baptist AS
ISOLATION, which convenes at Mount Gilead
today.
The most important matter which will
occupy the attention of the association is
the question of division, there being
about twenty-five churches in the Eastern
Association which are asking for a divis-
ion Of the association. On November ii
there will be meeting of representatives
of these churches at Burgaw for the pur
pose Of organizing new association.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-09
Fair Marshals Named.

The following gentlemen have beef
appointed as Assistant Marshals of tn
State Fair in addition to those who's
whose names have been published:
A. B. Williams, Fayetteville.
III. E. Pemberton, Fayetteville.
Geo. B. Underwood, Fayetteville.
John Andrews, Raleigh.
Ernest Haywood, Raleigh.
Herbert Jackson, Raleigh.
W. Brooks Parham, Henderson.
John Ward, Raleigh.
B. w. Baker, Raleigh.
John B. Broadfoot, Fayetteville.
Il. e. Johnson, Raleigh.
Geo. e. Hunter, Raleigh.
W. L. Fuller. Smithfield.
Alonzo Parrish. Benson.
Robt L. Holt. Burlington.
DR.. d. A. Cooke, Louisburg
Philip Busbee, Raleigh.
Hon. H. A. Gillian, Tarboro.
Henry Bridgers, Tarboro.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-09

NOl6-d Oally eACePt AohuoJ'
ern Time.
Connections at Jacksonville and Tampa.
for all Florida East Coast points, aho
Cuba and Porto Rico. At New Orleans,
for all points In Texas, Mexico and CAD
fornia.
sLEEPING CAR SERVICE.
Nos. 81 and 34-Florida and Metropoli-
tan Limited. Drawing Room Sleeping,
and Through Day Coaches between New
York and Jacksonville. Through Drawing
Room Buffet Sleeping Cars between New
York and Atlanta
Nos. n and 66-Florida and Atlanta
Fast Mail. Through Drawing Room
Buffet Sleeping Cars between New York
and Jacksonville, connecting at Hamlet
with Sleeping Car to and from Atlanta.
Tickets on sale to all points, Pullman
Berths Reserved and reservations made on
outgoing steamers from Norfolk. Bag
gage checked from hotel and residences
without extra charge ut
Uptown Ticket Office,
Marlboro House Building.
G. n. GATTIS, C. 7. and P. A.
Bell, Raleigh and Interstate Phones SIT
H. s. LIZARD, T. P. A.. Raleigh. N. q.
r. =. L. BUNCH, Gen. Paas. Agent
Portsmouth. Va.
JAS. NJ BARR, First Vice P eepident And
General Manager.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-09
Elmports Of Cotton Goods into Cuba.
(By the Associated Press

Washington. Oct. S.-A statement show
ing the importation of cotton manufac-
lures into Cuba during the year ended
June 80, 1901, prepared in the division of
insular Affairs of the War Denart-
ment, shows during the fiscal
year 1901 s6,061 ,9O5, as against 1901 1872
during the fiscal year 1900 decrease Of
Is per cent. Germany, Italy and Austria
were the only countries that increase d
their exports of these goods to Cuba.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-09
A Good Representative.

MIR. w. ID. Lindsey has accepted the
position as North Carolina representative
of the shoe firm Of Craddock, Terry &
Co., of Lynchburg, made vacant by the
death of Mr.. o. j. Carroll. The firm is
to be congratulated upon securing Mr.
Lindsey. He is a gentleman of high
character, business experience, and is
highly esteemed. He formerly resided in
Raleigh but has been in business in Clay
ton for several years.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-09
Immense Fall Of Rain.
(By the Associated Press /,

Galveston, Texas, Oct. S.--A foot and a
half of rain has fallen here in the last
twenty four hours. This is the heaviest
ever experienced here. The streets are
flooded and some damage has been caused
to goods on ground floors of stores. The
rain ceased today and the weather is
clearing. There was practically no wind
and the tide is normal.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-09
DON'T BE DECEIVED.

BY the circus bill advertising of quack
medicine concerns. Your druggist will tell
you that "Coleman's Guarantee" is an
honest medicine and guaranteed to cure
all forms of Indigestion and Dyspepsia.
Price &c., large bottle. at druggists
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-09
PEOPLE BELIEVE IN 1T.

1t has been cynically said that any
thing can be sold by advertising now-a-
days. This is not so. Many linments
have been advertised but only one-Per-
ry Davis Painkiller-7has stood the test
of sixty years use. Today it's popular
ity is greater than ever and is based not
upon what anybody says, but upon what
the remedy does. There is but one Pain
killer, Perry Davis.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-09
HALF A MILLION IN SMOKE.
Immense Lumber Yards and Six Cars Burned
at Arkansas City.
By the Associated Press.)

Arkansas City, Ark, Oct. Sire has
consumed the Papek- Leichts Company's
immense yard containing 100000 feet of
seasoned cotton wood lumber and six
cars belonging to the Missouri Pacific.
The fire is believed to have caught
from sparks from the smokestack. Es-
timated loss 100000.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-09

The body Of little mulatto boy, who
the coroner's physicians say died by as
phixsation, was found in an area way in
New York yesterday There were seri-
Gus decorations of the lower part of the
abdomen, and the crime is described as
most CHASTITY. Several arrests have
been made.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-09

What is the use OF telling the rheumatic
that he feels as if his joints were being dis
located?
He knows that his sufierings are very
much like the tortures OF the rack
What he io0nts to knop is what will per-
manentIy cure his disease.
That. according to thousands OF grateful
testimonials 10
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-09

Miss Leila Douglass, daughter of Mr..
and Mrs. w. c. Douglass, is i'll with
fever.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-09

sDaiIy. daily except Sunday.
Trains No. 40 and 4S solid trains be-
tween Pinner's Point and Wilmington.
Train No. 40 connects at Rocky Mount
with train % for all points South and
Nc, 78 train Tor all points ,1orsh.
]. r. KENLY, General Manager.
r. M. EMERSON. Traffic Manager.
General Passenger Aga1A.
II. II. DAnR4ONs
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-09

Parties who are interested in the gun
shoot at the State Fair can secure pro-
grams by applying to Mr.. JOS F. Ferrall.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-09

The people of Connecticut yesterday
voted for constitutional convention, the
majority in favor of this somewhat rad
icaI step being something over $1,000.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-09

Grippe Knockers cure any cold, or any
case of La Grippe in 10 hours. Csc. al
your druggist.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-09
Hoods J1rSup1riLl1

1t promptly neutralizes the acid in the
blood on which the disease depends COM
pletely eliminates it, and strengthens the
system against its return. Try Hoods.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-09

Grippe Knockers cure any cold, or any
case of La Grippe in 10 hours. 25c. at
your druggist.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-09
SeabOard Airline Rv

CAPITAL CITY ROUTE"
Short Line to principal cities Of the
South and Southwest, Florida, Cuba.
Texas, California and Mexico. reaching
the Capitals of six States.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-09
Rovvar.o Of Cour1teEsfoits

Unscrupulous persons may Offer you
worthless limitations. Take only the or.
irinal DEWITT's WITCH HAZEL SALvE
Prepared by {. C. DEWITT g CO.. chlcooo.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-09
DeWITT'S
witch Hazel
SAL 1.
4 we'll known cure for Piles

This Salve cannot be equalled Whf rever
q soothingand healing antiseptic appli-
cation is needed. It quickly cures sores,
cuts, burns and scalds without leaving
a scar. For piles, eczema aud Al skin
diseases II, ia considered infallible.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-09

COAST LINE r. R.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-03-27

constructed and used road has been accepted by the
government public highway.
Those above rected the only shown by the
evidence have been made by Mrs Hapai relative to the
ence of road the place referred The strongest of hem
from the point of view of the complainant II have sold that
strip Deky for government road In the which
believe Mrs Hapa to have made wit that she had sold
land believing that Desky road and would
such, the representation true 1t would not be
statement had she by and intended convey the
impression that she had decided that Desky bound
dedicate the public road to suffer it to be perpeuay
SUCH but nothing of the her mind
least doubtful if thought of such Desy part
of such dedication entered the compliments mind the
me but if he did believe from her that the perpe
ual of that strip of land public road had been secured
and relied upon the statement thus understood of the
opinion that such belief and reliance his part not
qured justified by what she said He had express notice
from her that the strip question did not belong her at the
time of these interviews and that the title in another wit
in G. S. Desky Complainant made attempt ascertain,
either from her from other source what the of her
deed what reason any, there for believing that
Desky would in fact keep the strip open public road Both
parties acted in good faith both understood that strip would
be used road and both took their chances the probability
of its being used Under all of the circumstances shown by
the evidence of the opinion that complainant
entitled to the relief prayed for.
The below, already stated granted respondents
prayer for POSSESSION of the lease ground that
panant had committed breach of the would
not edo anything bad for the peace of the public What the
evidently intended declare forfeiture of the estate
created the lease The decree this particular
Equity will lend its aid enforce forfeiture This well
established. See Bisphams Principles of Equity Sec 49,
Kent Com 1870; Story Eq Jur, Sec. 1919; Smith Jeo
40 n ii. 1884, Livingston Ton5is Johns Oh AIS; and
Beecher q. Beecher, 43 Conn. SCI
The trial judge ordered statutory attorneys fees to be paid
by the complainant If by this the attorneys fees
forth Section 1892 of the Civil Laws of 1897 the order
No such costs can be taxed in equity suit
See Willard, assignee a. Vincent, 10 Haw.-
The renanded the Circuit Judge of the Fourth CIR
cult for the entry of such and for such further proceed
ings may be necessary in conformity with the foregoing
opinion.
il. A. Dickey for complainant.
P. Nemmann r. C. Ridgpoy and G. N. lie Blonde for
respondent.