davidaulloa/AmericanStories huggingface dataset:
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-05-31
In the Supreme Court.

Opinions filed on Thursday May Both
Strain VS.. Fitzgerald from Durham;
affirmed.
Vann VS.. Edwards, from Hertford; new
trial
Skinner VS.. Railroad, from Wilson; no
error.
Bryan VS. Railroad. from Catawba;
error.
James VS.. Markham, from Durham;
affirmed in both appeals.
Gattis VS.. Kilgo, from Granville; new
trial
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-05-31
THE KILGO-GATTIS
$4,000 LIBEL CASE
The Supreme Court Granted
a New Trial.
JUSTICE MONTGOMERY
Writes the Opinion of the Court From
Which There is no Dissent.
DR.. KLGo's SPEECH WAS PRIVILEGED
The Court Holds That Judge Hoke Was in
Error in Several Particulars in His
Instructions,
Instructions.

Mr.. Gattis may as well get ready
for new trial. What the Tobacco
Trust within the past two weeks has
done for Mr., ,Gattis has been "a plenty
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-05-31

The interest in the Supreme courts
decision in the Kilgo- Gattis case would
have been very great except that it has
been generally understood that the court
would grant a new trial. This paper
printed forecast of the decision a few
days ago.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-05-31
WHO Is AFTER THIS RAILWAY
Is the Seaboard or the Southern Seeking to
Buy the c. &. as!
CBy the Associated Press.)

(By the Associated Press.)
Atlanta, aG., May 3O.--A special from
Rome, Ga. says
"Rumors are current here to the eff
feet that deal is on for the Chatta-
nooga, Rome and Southern for either for
the Southern Railway or the Seaboard
Air Line. Officials here decline to
talk"
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-05-31
Oil Struck in Louisiana
(By the Associated Press

Tby IHe AssOCIaTeU FTeas.1
New Orleans, La, May 29.-An oil
gusher of mighty proportions was brought
in today according to a special dispatch
fifteen miles southeast of Houma, La
forty miles west of New Orleans.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-05-31

Philadelphia, Pa, May 3O.-This morn
ing's game was battle royal between
Pitchers Newton and Duggleby, the lat
ter having a shade the better of the
argument. Attendance 4,S77.
score. RH E
Cincinnati ......1O0O O0OoO-1 5
Philadelphia 20 Q X-2
Batteries Newton and Peitz; Dug
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-05-31

Appointed observers in the Weather
Bureau Service: Edward Wade, Atlanta,
at Nashville, Tenn; Richard P. Roberts,
Pierpont, S. D., at New Orleans; Olin M.
Hadley Chipley, Fla, at Jacksonville,
Fla
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-05-31
HOW THE RUMoR STARTED.

Atlanta Ga, May 9O.-A special from
Rome, Ga, says:
TT was rumored today that the sale
of the Chattanooga, Rome and South
ern to the Central of Georgia has been
rescinded. The stationery which was
supplied all agents yesterday, was to-
day ordered returned to the headquar-
ters of the Central road in Savannah.
This led to the circulation Of the rumor
president Eagan is in New York and
officials here claim to know nothing of
the matter"
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-05-31
Leadsall NewsandC Circulation

gleby and Mcfarland. Time 1880. Um-
pire. Emslie.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-05-31

The News and Observer, March 18th.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-05-31

The decision was rendered by Justice
Montgomery and is as follows:
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-05-31
FORTY FIVE GO OUT HERE.
NO STRIKE AT CHARLOTTE.
sEvENTY-NINE QUIT WORK.

Columbia, s. c.. May 3O.-This morning
seventy nine machnists walked out Of the
Columbia shops of the Southern Rail-
way.
The San Francisco call., 1901-11-20
sPECIAL NOTICE

So--S-Ss ANeSSINeu 90
Boxes-S12, SIS and SIS
The repertoire for the balance Of the week
viii be announced later.
The sale Of seats for any of the above per
formances viii begin THIS MORNING at the
box Office. WEBER PIANOS USED
The San Francisco call., 1901-11-20
ISSUES ILLEGAL
LICENSES To WE'D
Mistake Of a Portland
Judge Causes Con-
sternatiOn.

PORTLAND, Nov. 19.-SiX Portland
honeymoon parties have been called back
to be remarked. This strange predicament
has caused a local sensation, as many Of
the persons concerned are among the
most prominent in local society.
Since the death of County Clerk Holmes
last Thursday the marriage mill has been
grinding as fast as usual and the would
be benedicts desiring licenses have been
accommodated by County Judge Cake.
To-day his attention was called to an
opinion expressed by leading attorney
that the licenses issued by him were lille
gal. He looked up authorities and, to his
CONSERVATION found that he had issued
illegal licenses to a half dozen couples,
whose marriages We're soiemnlzed with
due ceremony, after winch the honeymoon
parties went speeding to various parts of
the country.
When Judge Cake announced to-day in
the court room that the licenses issued
were illegal, as he had no authority under
the oregon code to issue them, there WAS
CONSERVATION in the families whose
daughters, travelling on honeymoon trips,
were not in lawful wedlock.
kilograms were sent in all directions,
and many of the newly welded husbands
and wives were advised to get married
for keeps as soon as they could In
the meantime the cupids of the County
Clerks office were advised to shut down
the marriage factory. This was immedi-
dl6ly done. G6N6Idi COOpiSS WAOSS WSo-
dlngs had been arranged were in a great
predicament and appealed to the Circuit
Judges to marry them, but to no avail
Several marriages were consummated in
Vancouver, Wash, which is the Gretna
Green for this neighborhood.
The persons affected by Judge Cake S
announcement are: Edwin E. Cox and
Nellie Victor Tozier, ]. H. Wigle and
Mrs Mary Nelmo, A. F. ButelSpacher
and Sophia c.. Nattestad, John M. Rutter
and Belle Taylor, ST. Clair F. STEINER
and Anna Gundlach, Charles e. Proud
foot and Edith Bourgdahl.
This morning a license was issued for
Guy E. Reynolds and Annie J. Wright,
but before Reynolds left the office the or
der not to make out any more licenses
was received. The license. was revoked
and his money was returned to him. The
young man was greatly agitated and
rushed into Judge Cakes chambers to
ascertain the cause of the difficulty
Some one had told him that a nunc pro
tune order would fix it, and he asked the
Judge to help him out in that way, but
the Judge informed him that "nunc pro
tune" did not go in marriage license
cases. If he procured a license and got
married it could not be ''nunc pro tunct-
ed.''
Reynolds went upstairs and sought the
advice of Judge George, with the same re-
suit Judge George opined that only the
County Clerk could issue marriage Ii
censes, and he was dead. The young man
next tackled Commissioner Mack and in
quired what could be done about it, and
Mack told him the only thing he could do
was to go to Vancouver, Washington, and
get q license.
The San Francisco call., 1901-11-20
TELLS WITNESS
He 'sQUEALs"
Robert Ammon Enlivens
the Franklin Syndi-
cate Case.

NEW YORK, Nov. 19.-There was a fur
ther hearing before Referee John A. Stra-
ley to-day in connection with the failure
of Seymour, Johnson & Co., into which it
is alleged went some of the money earned
by the 1920 per cent Franklin syndicate,
and it developed some bitterly sarcastic
encounters between principals and wit
neSseS.
Robert Ammon, counsel for the Frank
lin syndicate, was the first witness heard,
but he declined to answer many ques-
tions on the ground that ne was under
arrest for his connection with the syndi-
cate. He swore that he had placed $780,
900 of the syndicate'S money with Sey-
mour, Johnson & Co.. but that he had
withdrawn $4,000 and that Alfred r. Cos
lin had drawn $4,000 of the sum. He also
testified that Goslin had drawn $4,000
from the defunct firm of Seymour, John
son & Co.
Gosin followed Ammon on the stand
and said that Ammon's testimony about
the money he had withdrawn from Sey-
rnour, Johnson & Co. was false. Goslin
then said that a number of financial trans
actions of the defunct firm had been dis
honest and Ammon interrupted to accuse
him of "squealing.
The San Francisco call., 1901-11-20
TREMENDOUS CROWD FILLS THE OPERA HOUSE
TO ENJOY THE ART OF FAN1ES AND SEN1BRICFI|
Aisles Blocked Con-
trary to the
Law.
WonenSereama and
Faint in the
Crush.

"HE Fire Commissioners and Chief
of the Fire Department Sullivan
are not likely to allow repetition
of the fragrant violation of the or
dinances governing theaters that
was witnessed last night at the Grand
Opera House, when an enormous audience
! gathered to hear the great cast of Grau
singers in lie Nozze di Figaro"
Although every seat in the theater was
sold out, the mana cement allowed the sale
Of general admission tickets, well know
ing that the purchasers could not be ac-
commodated in the building without en-
dangering the lives and limbs of the
throng.
House and in the lobby of the building for
an hour previous to the opening of the
doors was a tribute to the Grau singers,
but it was not in keeping with the dolngs
OF society.
Two police officers were powerless to
keep order in the lobby and in front of the
building, while at the entrance to the gall
lery wild scene was enacted. Hundreds
of men and women struggled to make
their way to the ticket sellers, and when
they secured the coveted pieces of paste7
board the management would not allow
them to enter the theater, the reason be-
ing given that the reserved seat holders
must be first allowed to take their seats.
Women screamed and dresses were torn
to ribbons in the lobby of the opera house
until finally the word was given to allow
the holders of general admission tickets
to enter the theater.
In few minutes every inch of the aiSieS
was blocked and when the holders of tick
cts for boxes, the orchestra and dress cir
Gle sought to take their seats it required
the courage of football player to try and
get through the mass of humanity.
Ladies garbed in gorgeous array were
forced to struggle after their escorts who
sought to make a passage way through
the densely packed aiSleS. Valuable dresses
were torn and, in some cases, jewels were
wrenched away. When the overture be-
gan the seats were not half filled, owing
to the inability of ticket holders to gain
their places.
Dozens of timid women shrank from
running the gauntlet of the crowd in the
aisles and waited until the first .act was
over, when those who had been sitting in
the aisles sought the lobby for fresh air.
There was little promenading by the hold
ers of reserved and box seats last night,
as the crowded aisles rendered ingreSs and
egress impossible. The performance was
an enjoyable one but was marred by the
| inconvenience and danger to which every
member of the big audience was subjected
! in order that the box office receipts might
be swelled by a few hundred dollars. The
| ordinances of the Fire Department posi-
| lively prohibit the blocking of aisles CT
| doorWayS in theaterS.
The San Francisco call., 1901-11-20
FOREIGN EYES
On NEW TREATY
A French Journal Says
Great Britain's Sub
mission Is Complete.

PARIS, Nov. 19.-The Journal des De-
bats says to-day it regards the Hay
Pauncefote treaty as a signal victory for
Washington and adds:
1.-The submission of England is as COM
plete as the American Senate could wish.
1t is interesting to again note that Eng
land cannot live at peace with the United
States except at the cost of perpetual
concessions and sacrifices
The Temps sees in the treaty striking
demonstration of mutual good will of two
powers who have long been animated by
unfriendly sentiments toward one an
other, and, above all, of the value Great
Britain sets on securing even by sacri-
ficing certain interests the good graces of
American public opinion.
The treaty itself, the Temps also says,
The San Francisco call., 1901-11-20
SYBIL SANDERSON WILL
ATTEND MINSTREL SHOW
distinguished Prima Donna to Oc-
cupy Box at the California
Tomorrow Evening. Z

SybiI Sanderson, the distinguished Cali
fornia prima donna now appearing in
grand opera at the Grand Opera-house,
will attend tomorrow nights perform
ance of Haverly's Minstrels at the Cali
fornia Theater, box having been ten
dered for her use by Managers Elling-
house and Oppenheimer.
Nine Sanderson accepted the courtesy
with apparent delight She states that
she was always very fond of minstrels,
and that it was her sincere desire to wit
ness a performance of that kind. When
her statement to that effect appeared In
The Call, the managers of the California
decided to give her the opportunity OF en-
joying the show with the result stated.
The San Francisco call., 1901-11-20
ADVERTISEMENTS.
CATARRH And
CONSUMPT ton
Their Cause and How Contracted.

Catarrh and consumption are germ dis
eases in every sense of the word, local in
nature and not hereditary or blood dis
eases The germs of both diseases may
he taken in the stomach or injected into
the blood without endangering person s
health in the least. But let these germs
heconoe dry and inhaled in the air we
breathe. then if there is any irritated or
sore spots. such as are caused by coughs
and colds. on the membrane lining the
air passage, these germs attach them
selves to these spots, receive nourishment
from them and multiply with astonish-
ing rapidity.
The old theory that germs of these dis
eases are carried by the blood to the diff
ferent parts of the body has long since
been exploded. The germs themselves re
main in the head and lungs and it is the
product Of their digestion "a poison called
toxine) that finds it's way into the circu-
lation, causing coughs. emaciation, fever
and weakness, these being symptoms Of
and not the disease itself.
IJp to the present time there is only
one permanent cure for these diseases
known, and according to Government sta
tistics this treatment has reduced the
death rate from catarrh and consump-
ton 80 per cent yearly since its discov-
cry Such authority as this cannot be
disputed and no person affected with
these diseases has any right or excuse to
jeopardize their lives by using other rem
edies.
Hyomei, the new Australian dry air
germicide, cures coughs. catarrh and
consumption because it is the only one
which can be inhaled in the air we
breathe and this the only way by which
the germs causing these diseases can be
reached and destroyed.
IIx-o,,7oi Sc cold I1z eo1+
by mail. Hyomei Outfits $1.00. Trial
Outfits 25c. Hyomei Balm 25c.
The B. T. Booth Co., Ithaca, N. <.
The San Francisco call., 1901-11-20
cALvE APPEARS THIS EVENING.
Famous Diva to Be Heard in Favo-
rite Role of Carmen.

Tonight Nine Calve will make her first
appearance in this city and will be heard
in her famous role of Carmen in B1zet 5
grand opera of that name.
The indisposition of the diva last week
was q matter of deep regret to her and it
was only the positive Injunction OF her
physicians that prevented her appearance
on the second night of the season.
Mime. Calve has in the past few days
enioved the air of the park and the ocean
beach and last evening shebdeclared that
she was in as good voice as at any time
in her career.
house announces that every seat has been
sold for this evening and society will un-
doubtedly make a brave display. Calve
will be the last star to be presented by
Manager Grau, and in fashions circles,
as we'll as among music lovers, there is
the keenest interest to hear the prlma
donna who is so closely associated with
the role of the wayward cigarette girl.
D 7 o
is an excellent solution of the difficulty.
and from an economic point of view ought
TO awaken general congratulations.
LONDON. Nov. 19.-The Globe this aft
arnoon discusses the Hay-Pauncefote
treaty in its usual ultra-jingo tone 1t
fUnIess Lord Pauncefote and Secretary
Hay have strictly observed the principle
of ouid pro quo the treaty is far more
likely to impair than to strengthen friend
liness If British rights on the 1sthmus
have been abandoned without a tangible
equivalent it will not be long before Great
BRITAIN is invited to surrender the West
Indies and even Canada as peace oner1ngS
to American Chauvinism.
The San Francisco call., 1901-11-20

Los Angeles, C2A.
a day at time how 1 would feel the
next day. Five bottles Of Lydia e.
Pinkham's Vegetable Compound
changed all that, my days became days
of health, and have enjoyed every day
since-now six years.
"We have used considerable of your
Vegetable Compound in our charitable
work, as we find that to restore poor
mother to health SO she can support her
self and those dependent upon her, if
such there be, is truer charity than to
give other aid. You have my hearty
endorsement, for you have proven
yourself true friend to suffering wo-
men. ."-MRs. E. SAuER, 1868 Hill St.,
Los Angeles, Cal.-$5o0o forfeit If above tss-
tinorial is not genuine.
No other person can give such
helpful advice to women who
are sick as can Mrs. Pinkham,
for no other has had such great
experience-her address is Lynn,
Mass, and her advice free-if
you are sick write her-you are
foolish If yOu don't.
The San Francisco call., 1901-11-20

'" HE Fire Commissioners and Chief
of the Fire Department Sullivan
are not likely to allow a repetition
of the fragrant violation of the or
The San Francisco call., 1901-11-20


nights grand opera, with lie
a n Nozze di Figaro for the bill
This is opera in its lusty youth, writ
when the day was young and the lark
sang high in the air. There is the dew
and freshness of the morning about it,
brave sunshine and bubbling laughter.
No smell of the lamp is here, but the
clean fragrance of the young spring. The
whole opera breathes immortal youth,
strength, gayety, freedom. 1t blends grave
and gay with magic art, and lifts the lis
teners to hilarious joy in mere living Is
it was interpreted last night. 1t is music
at its simplest, purest, happiest, and its
grace will continue to gladden. as long a.
there are singers like last nights to in
terpret its thousand and one delights.
Last nights house was enthusiastic to
a degree, with every reason for its being
so. The cast, that included Eames, Sem
brich. FRITZ Schef, De Reszke and Cam
panari, was without a flaw, down to its
least important members, and the or
chestra, under Mr.. SeppilliS leadership,
was at its very most.
The conjunction of Eames and Sembrich
in the cast naturally was the chief inter-
est Of the evening and each essayed
part admirably suited to her powers,
Eames as the Contessa and Sembrich as
Susanna. Sembrich has a little the purer
MoZartean flavor in her work, but EaInes
was adorable as the Contessa. The concert
ed efforts of the two diVas were mar
vel. The rich warmth OF SembrlchS voice
and the cool purity of Eames' made deli
cious harmony, and the famous letter
duet" in which now one, now the other,
now the combined sweetness of both
voices is heard, was a Superbly beautiful
effort. Sembrich leans naturally to COM
edy, and the shrewd coquettish waiting
maid was as splendidly played as sung
by this Incompatible artist She was in
lovely voice and was tumultuously well
coined by the house. Eames, as usual,
was a beautiful picture as the Contessa
and sang in the friendly rivalry of the
evening at her beautiful best. Her Dove
Sono' was given with all the fine and fin
ished grace of which Nine. Eames is so
richly possessed and was awarded an i'm
mense encore. This is Nine Eames' first
apDearance here out of German opera and
though that would seem to be her moro
familiar atmosphere, she was admiral oily
a home in MozartS masterpiece.
FRITZ Sehef and Miss Bauermelster
were the Cherubino and Marcellina of the
cast and Miss Baucrmeister was more
than usually sufficient as Marcellina.
FRITZ Schef scored a triumph in her
usual piquant fashion as Cherublno- She
hit the boyish inpertinentS air to a nice
tv was awkward, impudent and amorouS
bv turns in a way that fulfilled all neces-
sarv requirements. She fell over ner
skirt a if she had never seen one at ner
heels before and stuck out her elbows
inst as well as she sung 'tVoi che Sapete,
which was quite admirably indeed The
house thought so. and Miss FRITZ was
bound TO repeat the dainty aria.
The San Francisco call., 1901-11-20
Tanned the Till.

Mrs. Freden. who keeps store at 1872
Folsom street, reported to the police last
night that the till in her store had been
tapped by two men How much they Sc
cured she could not tell. She claims that
one of the men enticed her into a corner
while the other extracted the money. She
is of the opinion that she could recognize
the robbers.
The San Francisco call., 1901-11-20
ADVERTISEMENTS.
CHANGE OF LIFE.
Some Sensible Advice to Wo.
men by Mrs. e. Sailer,

"DEAR Mrs. PNKHAM when I
passed through what is known as
change of 1ife,' had two years suf-
fering, IS sudden heat, and as quick
ehills would pass over me my appetite
was variable and / never could tell for
The San Francisco call., 1901-11-20
lie Nozze diFigaro"
the Hit Of the
Season.
Biggest Triumph
Achieved in
Years.
By Blanche Partington.

GLORIOUS cast, a splendid per-
formance and the largest house
of the season is the tale of last
nights grand opera, with lie
NoZze di Figaro" for the bill.
The San Francisco call., 1901-11-20
AMUsEMENTs.
GRAND OPBRAHOUSE
SAN FRANCISCO SEASON OF GRAND
OPERA


SAN FRANCISCO SEASON OF GRAND
OPERA
Under the Direction Of MR.. MAURICE GRAU
TONIGHT at s, CARMEN
Calve and Suzanne Adams; Salignac, Declery
and ScOtu Conductor, FlOn.
Tomorrow Ev,g at 7;45 DIE MEISTER-
pei Bispham. Muhln1ann and Ed de Reszke
Conductor, Damrosch.
Friday Ev'g Nov. %. at S, CARMEN"
Calve and Suzanne Adams; De march,, De-
clery and Scotu Conductor. Flon
sat. Matinee. Nov. q, at ?, ''LOHENGRIN.'
Eanles, Schumann-Heink; Van Dyck, Bisp-
ham, Muhlmann and Blass. Conductor, Dam
rosch.
saturday Ev'g. Nov. % at s. III, BARBIERF
DI sINIGLIA'' CThe Barber of SevilIe) Sem
6rioh; Salignac, Campanari, Tavecchia and
Ed de Reszke. Conductor, Seppilli
Sunday Ev'g, Nov "a at s. Second Grand
sunday Night Performance at Popular Prices
only Joint appearance of Nine. Gadski and
with an extraordinary cast. Cadski. Louise
Homer and Sybl Sanderson; Dippel Scotti,
Ses-s for NV r 81 IL ne 49,, ooloueeor; s; Flon
on sale at the Box Office
Prices for Regular Performances 81 So 81
. aho - General admission, So
Prices for Sunday Night Performances. 81, 81
= 90 and S. Boxes-sl2 SIS and SIS
Repertoire for the Third and Last Week.
Mon. Ev'g., Nov. 25, at s, FAUST" Calve
Brioewell: salignac. Campanari and Ed de
Tues. Ev'g., Nov. 26 at 7:45. DIE WALK
1RE. Eames, Schumann-Heink Reuss- Belize;
Van Dyck. Blass Bispham. Conductor, Dam
rOsch
Wed. Ev'g- Nov. q. at 7:45-DoUBLE Bill
only joint appearance Of Nine. Calve and
Nine. Sembrtch.. ''DON PASQUALE." Sem
brlch; Scotu and Salignac To be followed by
CANALLERIA RUSTICANA'-Calve and
FRITZ Sehef; Campanari and De Marchi Con
ouctOr, FIon.
SPECIAL NOTICE
IN compliance with numerous requests for
an opportunity to hear Nine Sybil Sandersou
at an afternoon performance the management
respectfully announce extra matinee for
Thurs Aft, Nov. Is at 2 when will be per
formed ROMEO EFT JULIETTE' Svbil san
GerSon, Br1dewel; Journet, Gilbert. Declery
Salignac- Conductor FIon
The Following scale Of prices will prevail:
orchestra and Dress Circle. Front Rows. IS Or
Orchestra and Dress Circle. Rear Rows. Of
Gallery, Reserved ................ . nr
Boxes-S12 SIS and SIS
The repertoire for the balance Of the week
VIII be announced later.
The sale Of seats for any of the above per-
tormances viii begin THIS MORNING at the
box Office WEBER PIANOS USED.