davidaulloa/AmericanStories huggingface dataset:
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-10-11
THE DAMAGE SUIT AT SOUTHPORT
Mr.. Francis NJ. Moore Got a Verdict of
$3.50 Against the Navassa GuaDo
Company for Damage to His Rice
Crop and Forests.

The important suit of Francis NJ.
Moore, of Phoenix, Brunswick county,
against the Navassa Guano Company,
which has been in progress in the SUI
perior court of Brunswick county, at
Southport. since Thursday, September
18th. ended Sunday morning, shortly
after midnight Saturday, when the jury
agreed upon a verdict of $3.50 in favor
of the plaintiff.
Mr.. Moore sued the Navassa Guano
Company for $40, 900 damages, for alleg-
ed injury to his forests and rice crops
for the years 1888 and 1889 from certain
fumes and noxious gases emanating
from the furnaces of the defendants
company's plant in which pyh1tes and
sulphur are burned in the manufacture
of sulphuric acid.
There was quite an array of counsel
on both sides and it was a legal battle
royal. Judge T. A. McNeill, of Lum-
berton, heard the case, and about 60 wit
nesses were examined on both sides.
The plaintiffs attorneys were the law
firms of MeareS & Ruark, n Bellamy
& Peschau, while the defendants Coun-
sci were Rountree & Carr, Russell q
Gore. and Bellamy & Bellamy.
The plaintiff testified that he first
noticed the injury to his crop and Tor
est in 1883 but did not find out the
cause till 1899 when his crop for that
year were damaged. The alleged dam
age is said to have been done on the
Oak Hill farm and the Hall farm which
are owned by Mr.. Moore and are within
from a quarter to a half mile distant
from the acid plant of the guano FAC
tory. The plaintiff by his witnesses
showed that fumes or gases, especially
on murky days, settled on his forests
and crops and turned them a brownish
hew and destroyed them. Witnesses
testified that when the wind was blow
ing over the rice fields from the a
factory the gases were so strong as
to effect their eyes and produce cough
ing, and hat they noticed that where
they settled on the rice and trees they
were practically destroyed. Also tha1
the wire fencing was eaten up and the
health of the plaintiff and his employe:
was also injured by the gasses.
The Guano Company set III as a de.
Tense that if the fumes or gases hat
been carried over the crops they were
not of sufficient strength to nave caus'
ed the injury alleged by the plaintiff
a lumber of experts testified that III
their opinion no such damage coulC
AVE resulted from the fumes, but or
cross examination admitted that if tn;
fumes had effected the yes and bron'
chial tubes as testified to it was posi-
bl ethey might nave injured h crops
The verdict and judgment was re
corded Sunday morning, when the de
fendanS were in court and took an ap
peal to the supreme court.
The court adjourned sine die at 1913
a. m. Sunday n the judge and law
yers came up yesterday.
Mr.. Moore claims that his crop TO
1900 was also damaged and he has en-
tered suit for $4,000 damages for tn
injury that year. He will probabl.
have a claim also for damages to thi
years crop.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-10-11
THE CARNIVAL
The Merchants Booths BEING Erected
on Front Street.-The Eiks' Tri-
umphial Arch Nearly Completed In
Front of the Elk's Temple-Thfnes
Getting Gay

Already the city is assuming a gay
aspect in anticipation of the grand
street fair and carnival which opens in
Wilmington next Monday and will con-
tinue till the 18th. Many Of the store.
are decorating in the Elks' %colors, white
and purple.
Yesterday the contractors nearly
completed the triumphal arch across
Front street in front of the Elks'
Temple. The street cars will pass
through the middle and there are
arches on either side for vehicles to
pass. Quite a number of boths will
also be erected along in front of the
various mercatile establishments. The
work on the booths will now go forward
with a rush.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-10-11

second Deg OF the Special Term-Sev-
eral Cases for M~oonshinfng and Rum
ming Blind Tigers Disposed of at Yes
terday's session of the Court.

Pursuant TO adjournment on Monday
evening. the United States district
court met yesterday at 10 a. m. His
Honor Judge Purnell presiding.
The following visiting attorneys were
in attendance: Ex.Congressman John
4 Fowler. OF Clinton, Ex-Judge Thorn
as H. Sutton and Hon. Henry E. Cook.
OF Fayetteville. ]. f. Musselwhite and
James II. Johnson. Of Hope Mills. r.
E. Lee. and E. X. Proctor. Jr.. OF Lum-
berton.
The court was in session till / D. m.
when a recess wa staken till 3 D. m.
During the days session the following
business was transacted:
Henry Best, OF Columbus county. IL
licit distilling. verdict not guilty.
Luke Revels, OF Cumberland county
defendant called and failed. Alias
capias issued.
Oscar Smith, of Columbus county,
fenced to Is months in the penitentiary
Paul Mckay, OF Columbus county, re-
failing, verdict not guilty.
queen Coleman, of Columbus county.
Illicit distilling, verdict guilty. Judg-
ment reserved.
j. G. Lewis. of Bladen county, de-
faulting witness. Sci IA issued and de-
PENDANT sentenced to so days imprison-
men and fined 500.
Elijah Mcneil, of Cumberland coun-
ty, retailing, not guilty.
Catherine Mcneil. OF Cumberland
county, retailing, defendant pleaded
guilty and judgment was suspended,
defendant having been in Jail four
months. h was turned loose with a
good lecture from Judge Purnell.
Shep Turner, of Cumberland county.
retailing, verdict not guilty.
At ) p. m. the court took a recess till
10 o'clock this morning.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-10-11
THE LATE MR.. w. A. RIACH
HIS Remains Arrived Last Evening.
Honors to the Dead-The Funera
VIII Take Place This Morning at IL
O'Clock at the First Presbyterian
Church.

The remains of the lamented Mr.. w.
lantic Coast Line, who died at sea on
Friday while on his way home from
Europe, arrived here from New York
last evening at 6:15 o'clock over the
Atlantic Coast Line. They were ac-
companied by the disconsolate widow
and her niece Miss Beele r. Mann, OF
Richmond, Va, Mrs. J. H. Gall, OF
Weldon, the deceased's nephew, Mr..
James Sinclair, and Mr.. II. P. Clark,
general eastern agent of the Atlantic
Coast Line at New York.
At Front street station the officers
and a large delegation of those en-
ployed in the general offices of the At
lantic Coast Line were present in honor
TO the memory Of the deceased. Among
those in attendance were President
Warren G. Elliott, General Manager
John r. kenly, Traffic Manager T. NJ.
Emerson, Treasurer James F. Post,
General Superintendent John F. Di-
vine, Mr.. E. Borden, general superin-
tendent Of transportation, Mr.. z. B.
Peasants, engineer of roadway and
other officials Nearly two undred of
the young men in all branches of the
railroad service were present and when
the remains were taken from the train
they formed with open ranks while the
casket was borne out from the station.
Those who acted as ~pallbearers were
Messrs. Thomas Mcdonald. Bertram
Quelch, A. D.. Brown, Walter Small
bones, william Calder. n Walter G.
MacRae.
The remains were borne to the resi-
dence, 511 South Third street, and the
frr,--n1 ~-<T - -rzz~ Isz ~~-~-sr~ a .
IL O'Clock from the First Presbyterian
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-10-11
STATE PRESS.

The forty-seven candidates for IL
cense to practice law will hardly get
their sheep-skins in time to
their candidacy for positions on the
supreme court bench.-Durham Herald.
aid.
President Mckinley said it was Gods
way. The Outlook, commenting upon
these last lords of the President
says: Murder is not committed by
the will of God" Which makes us
think hat President Mckinley was a
better theologian than the editor of
the Outlook. A half-truth is more
dangerous than a complete error
Charlotte Presbyterian Standard.
The plow trust was launched in Chi
cago Tuesday night with a big BAN
Duet. The headquarters are to be in
Chicago. 1t has a New Jersey charter,
the capital is 500, 600, 900, the twenty
three great plow manufactures OF the
United States are in the combine, and
it is to be a close ally Of the steel trust.
Charles H. Deere, of Moline, the fore
most pillow a of the nation, is presi-
e And thus the tendency Of mod
ern to organize on the
basis of community of interests is
on the increase.-Charlotte Observer.
1 am hopeful for the future because
1 believe in the ultimate triumph OF
right. Justice may slumber but she
never soundly sleeps" The negro must
acquire property, maintain a respect
for law and order, get an education,
not an education that units for work
but the education that will enable a
| man to do more work. Let him fit
himself for higher citizenship and ii
will come just as sure as day follows
night. Let him be content here in the
South, his natural home and seek 10
bring about better condition of things.
This can be done by following the ad-
vice I nave laid down.-Jas. E. Shepard
in Raleigh Post.
Two weeks ago we printed an in
teresting article by Major VIM. NJ.
| Robbins, member of tn G Gettysburg
| Commission, which showed by testi-
| mony Of Federal officials that North
Carolina was "Furthest at Gettys-
burg" Today We print an admirable
article written by Captain James /.
Nets, of Wilmington. captain Of Com
pany G, Third North Carolina regi-
ment. giving additional proof Of the
claim made by North Carolina. It is
interesting and convincing. We notice
that Captain w. r Bond. Of Halifax.
to whom the whole State owes a last
ing debt Of gratitude. has issued a
new edition OF his valuable and conc'--
sive pamphlet, Picket or Pettigre"
Raleigh News and Observer
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-10-11

Mr.. w. A. Riach a member OF the board
of Audit and Finance OF this city, and
as a mark of respect for his memory
this board will attend his funeral IL a
body on Wednesday and that the Of
fees OF the city be closed as a further
mark of respect during h hour Of the
funeral"
The board then adjourned.
The members Of both boards will meet
tmorrow at 1920 o'clock a. the city hall
and will thence proceed to h funeral
at the First Presbyterian church.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-10-11

A new remedy for biliousness is now
on sale at r. r. Bellamy's drug store.
1t is called C~hamberlain's Stomach and
Liver Tablets. 1t gives quick relief and
will prevent the attack IL given as soon
as the first indication of the disease ap-
pears. Price, % cents per box. Sam
pies free. r.. r. Bellamy, druggist.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-10-11

Mothers everywhere praise One Min
ute Cough Cure for the sufferings IL
has relieved and the lives Of their little
ones IL has saved Strikes at the root
OF the trouble and draws out the i'm
ELIMINATION. The chfIdren's favorite
Cough Cure. r. r. Bel1amy.
The Savannah morning news., 1901-05-14
BROOKS DENIED NEW TRIAL.
Judge FaIligant Overruled Motion
Filed by His Counsel.

Judge Falligant handed down a decis-
ion yesterday refusing the new trial ask
ed for in the case of Henry Brooks
Brooks is the negro who was tried and
convicted in the Superior Court of the
murder of Patrolman Harry B. Fender,
and condemned to die on the gallows.
In the death sentence the date of the
execution was set for May 10. but the
filing of motion for new trial. because
of elleged errors in the charge OF the
court and other circumstances connected
with the case. as we'll as on the general
grounds that the verdict was contrary to
the law, and the evidence, and without
evidence to support it, stopped the hang
Ing.
The circumstances of the killing of the
policemen. and OF the trial are still fresh
in the minds of Savannah people. In his
decision Judge F>alligent does not dis
cuss the grounds of the motion, contenting
himself with the simple statement that
the motion is overruled and a new trial
refused. The case will be carried by
Messrs. Twiggs & Oliver, who represent
Brooks, to the Supreme Court of the state.
The Savannah morning news., 1901-05-14
THE TRIP TO MEMPHIS.
Veterans Talked 1t over at Judge
FaIIigant's Residence.

A meeting of the members of the Con-
feredate Veterans Association who will
make the trip to the Confederate reunion
at Memphis was held last night at the
residence of Judge Falligant. From The
association and from McLaws Camp COM
bined twenty-eight veterans will attend
the reunion.
OF this number nineteen are from the
association and nine from McLaws Camp.
1t is probable that the party will be in
creased by the addition of several other
veterans, who have not yet positively de-
termined to go to Memphis. Those mem
bers of the association who come to this
decision later are requested to leave their
names with Mr.. T. N. Theus, at Theus
Bros store.
There was a pleasant party of~veter-
ans at Judge Falligant's and the earlier
part of the evening was spent in dis
cussing the trip. AS already announced.
the special train carrying the veterans
and the Guards will leave Savannah Mon
day morning, over the Central for Biz
mingham and Memphis.
The Guards have not yet decided just
how many of their command will go,
though it is now expected that two bat
teries. made up from the four batteries
of the battalion, will act as escort to the
veterans.
The Savannah morning news., 1901-05-14
POLICE WATCHING DRIVERS.
VIII See That the Rules of the Road
Are Followed.

Superintendent of Police Reilly is de-
termined to see that the rules of the
road are strictly adhered to and an OFF,
Ger was stationed at Congress and Bull
streets yesterday to admonish wheelmen
and drivers to be careful. The police in
tend to stop persons going around cor
ners faster than walk and in this way
hope to decrease the number of accidents
Bicycle Patrolman Christy was on duty
as usual on Bull street and warned hum
dreds of cyclists and drivers that they
would have to obey the law governing
riding and driving. 1t is the intention of
the superintendent to have the officers
notify drivers and others for a day or
two and then make arrests in all cases
where the ordinances are not obeyed in
the strictest possible manner.
Drivers are particularly careless In
turning corners and frequently go close
to the curbing on the wrong side of the
street. The police intend to stop this
practice, which has been responsible for
a large number of accidents While in
many instances bicycle riders are to
blame for collisions, they are held in re-
straint more than the drivers of cabs
and other vehicles. No such discrimina-
ton will be made and from now on all
violators will be promptly arrested by
the police and taken before Recorder
Myrick In this way it is hoped to re-
duce the number of accidents to a min
imum.
The Savannah morning news., 1901-05-14
CAPT. M'ALPIN RESIGNED.
Has Given Up the Command of the
Georgia Hussars.

Capt. Henry McAlpin has resigned the
command of the Georgia Hussars. The
announcement was made to the members
of the troop at their meeting last night
First Lieutenant c. A. L. Cunningham,
to whom Capt. McAlpin had impaired the
information during the day, made the an
nouncement, and resolution was at once
offered and adopted unanimously to wait
upon Capt. McAlpin at his residence in
the effort to induce him to reconsider
his action.
The troop was marched TO Capt. Nc
Alpin's home. and was received Hospital
bly,. Lieut.. Cunningham made known the
object of the visit, and. on behalf of the
II oop, urged Capt CcAlpin to withdraw
his resignation, which had been sent on
to the Governor. This, however, CAPT
McAlpin declined to do, saying he
thought it better for the troop and for
himself for him to withdraw. He re-
ferred touchingly to the pleasant associa-
lions that have been his in the Hussars
during the fifteen years and more of his
connection with 1t.
Capt. McAlpin has been at the head of
the Hussars for three years, having sue
ceeded Lieut. Col. Beirne Gordon of the
First Cavalry. His accession to the cap
taincy was from the rank of second
lieutenant.
The Savannah morning news., 1901-05-14
WILL HAVE JOINT BUILDING.
Kings Daughters and Kindergarten
to Erect New Building.

to Erect New Building.
The Kings Daughters Union held an
interesting meeting at the Sunday-schooi
room of the Independent Presbyterian
Church yesterday afternoon. A report
was made of the recent state convention
in Atlanta by Miss Madge Reid. state
secretary Also the members of the union
were notified by Mr. George J. Baldwin
that he had bought lot, so by 105 feet,
on Montgomery and Thrty-first streets,
on which to erect building for the joint
use of the Kate Baldwin Free Kinder
garten System and the Day Nursery of
the Kings Daughters.
Plans for the proposed building will be
furnished shortly by Mr. Henry Urban.
There will be two floors, the lower one
being devoted to the kindergarten, and
the upper, arranged as a dormitory, to
the nursery.
The Kings Daughters hope to get their
portion of the money necessary for build
ing in time to have the work done by
fall when the Kindergarten will be opened
They have small fund now on hand
which will be devoted to the purpose, but
in order to raise the fun amount necessary
for the building will have to secure con-
siderable more money. To this end they
will accept subscriptions and also will give
a series of entertainments.
Mrs. G.. l. Taggart also submitted cir
cular letter drawn to explain to the pub
lie the work that has been done by the
Kings Daughters and that which 1t is
hoped to do. This letter was adopted by
the meeting as voicing the the purposes
of the organization, and, when printed
Will be sent to the head of each of the
circles, with the request that copies be
sent out generally.
The Savannah morning news., 1901-05-14
ORGANIZED ANOTHER UNION.
Coast Seamen's Union VIII Probably
BE the Next.

The labor meeting at the hall at Whita-
ker and Broughton streets was largely
attended last night, and the Federal La
Dor Union was organized. with 1Os men,
bers. As the Morning News stated yes
terday. the members of the new union
are men employed in branches of trade
not organized at present.
In some OF the trades there are not
enough men to form a specific union, and
1t is these laborers who have gone into
the new organization. Organizer Winn
of the American Federation of Labor adj
dressed the gathering. There were also
several local speakers Of prominence.
Charles Mars of Boston, organizer OF
the Coast Seamen's Union. is in the city
and attended the meeting. He expects
to organize a union of this sort in Sa-
vannah. Another labor meeting will be
held tomorrow night, and it may be that
the Seamen's Union will be organized at
that time. Others will also be taken into
the Federal Union.
II appears that labor organization is CO.
ing OH in the Southern states, and that
some plan is on foot. Just what Is being
done is not known. but II is understood
that a general demand will be made for
nine hours work a day after all branches
of labor have been thoroughly organized.
The Savannah morning news., 1901-05-14
WAS SEEKING INFORMATION.
Enquisitive Strangers Attracted At
tention on Trolley Cars.

inguisitive Strangers Attracted At
tention on Trolley Cars.
If circumstantial evidence counts for
anything there are strangers in the city
who are gathering facts on vice for some
one Persons whose faces were by no
means familiar asked questions of some of
the trolley car conductors yesterday af-
ternoon. and the wise ones who heard
of the inquisitive individuals Immediately
suggested that they were working in the
interest of Rev. Sam Jones.
If these surmises are correct one of the
spoilers must have felt ''jarred" at some
thing he heard on an -Abercorn street car
late in the afternoon. He asked the con-
ductor II he knew where free and easy
could be found. The conductor was one
of those green boys" who has not been
from the field great while, and is not
at all familiar with the wicked places in
a big city. He was puzzled, but did not
wish to appear disobnging.
The man who registers fares for the
company approached a Bay street mer-
chant who was a passenger on the car
and repeated the question. The only free
and easy that I know of is in the Park
Extension" said the merchant, and the
subject was not brought up again. The
stranger who was trying to get next"
was still talking to the conductor when
the merchant got Off the car.
The Savannah morning news., 1901-05-14
SENT $1,000 TO JACKSONVILLE.
Total of $4,O56 Has Been Received
by the Treasurer.

ny the
Mr. M. ]. Solomons. treasurer of the
Jacksonville relief fund raised by sthe
citizens of Savannah, said yesterday that
the total amount received by him had
been $4,056 There is more yet to come in,
so it may be seen that the response Of
Savannah to the needs of the Jackson
vile sufferers will be generous. Several
days ago Mayor Myers, chairman of the
Relief Committee, sent a check for So, 900
to the Relief Committee at Jacksonville
and yesterday ne supplemented the first
remittance by sending an additional
check for $1,000.
In other ways, too, than through con-
tributions to the Relief Committee have
the people of Savannah aided Jackson
vile. Many of the citizens of Savannah
have friends or relatives at Jacksonville
who suffered from the fire To some of
the sufferers money was sent as a free
Offering by Savannahians, no record of
the amounts being turned into the sum
mary of this citys contributions
The Kings Daughters, too, were very
successful in their efforts, getting to-
gether a large quantity of clothing for
men, women and children. The Southern
Express Company has shipped the dona-
lions to Jacksonville without charges
The Kings Daughters will continue to
receive donations of clothing, the re-
ceiving depot being Justice Isaac Nath-
ans office on Bryan street, west
The Savannah morning news., 1901-05-14
BEGGARs MUST MOVE.
Complaint Has Been Made and They
Must Keep on bull Street.

The horde of blind beggars who have
been so conspicuous on Bull street must
fnd other pastures. They have annoyed
citizens and complaint has been lodged
against them at police headquarters.
There was but one thing for supt. Reilly
to do and the patrolmen on duty on that
thoroughfare have received the necessary
instructions.
The blind were admonshed yesterday
to shun Bull street and not to stop there
under any circumstances. There are some
worthy blind persons who depend upon
a charitable public for an existence. The
garb of these unfortunates is distasteful
and they will moi be permitted on Sa-
vannahs prettiest street. A violation OF
the police rule will mean arrest on a
charge Of vaErancN
The Savannah morning news., 1901-05-14
HAD NOTHING TO SAY,
DIR. Miller Refused to Talk About
O'Neill Attachment Cases

DIR. Miller Refused to Talk About
O'Neill Attachment Cases.
AS far as could be learned there were
no new developments yesterday in the
attachment cases against DR.. H. Gibson
O'Neil. AS the Morning News has stated
nothing will be done until the doctor
returns and he is expected this morning.
Magistrates Naughtin and Nathans stat
ed that the cases stand as they did when
the papers were first issued.
On Sunday w. A. Schmidt, who claims
to be the Doctors electrician, stated that
the patients in this city are being treated
by DIR. Royal ]. Miller. A Morning News
representative called on Dr. Miller yes
terday at the office on Oglethorpe ave-
nue.. The doctor was quite short and re-
fused to discuss the subject at all His
only admission was that ne was Dr. Mil
Ter. He not only refused to talk but
said he would not permit himself to be
questioned unless by some authority. DIR.
Miller refused pointblank to state wheth-
er DR.. O'Neil had already returned from
the North or when he is expected