davidaulloa/AmericanStories huggingface dataset:
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-05-16

quest that / deliver my reply to his
stenographeI IL he were out OF town
When as chef executive you were
endeavoring 10 enforce the law against
the great railroad corporations, who
were openly violating IL, you sought
me and asked my Judgment and advice.
Believing that all violations Of the law
should be rep. vssed, no matter how
powerful were those committing those
violations, / thought it my duty to give
you whatever roper aid ! could. If in
50 doing l MADE any communications
winch were Official, they should still
be IN the executive files. If they were
personal and confidential, received and
accepted by You as such, why are they
now In the possession of the attorneys
or the corporations whom you were
the proceeding against for violating
the laws of the state?
without admitting your mistaken al
legation Of fact and your process OF
reasoning by which you seek to justi-
~ your delivery OF whatever / may
have written you in personal conf
dence, to the Counsel of the impeached
judges still If the propriety Of that act
were conceded, it does not account for
the fact that more than twelve months
after the acquittal OF the Judges, the
originals should be delivered to the at
torneyS OF tie corporations who are
SSchih6 10 dHenSe on me your at
tempted execution of the law against
them, and thai it is part of a violent
attack upon me by a man whom you
removed from office because in the exc
cution of your sworn duty you adjudged
you were COMPELLED to do so.
AS you offer to send h letters TO
some responsible friend of yours at
this point for Inspection, / will be glad
If that can be done, with leave for me-
to take copies. May / ask that this be
lone as promtiy as may be consistent
with your convenience?
Yours truly,
WALTER CLARK.
Capt. Day being out of town and not
knowing how far the clerk of this at
torney Of the Seaboard Railroad Com
pany was authorized to represent ex-
Governor Russell, the above letter was
sent him direct by United States mail.
BY mail, anG not az before, by the
medium of the attorneys of the two
great railroad systems / received the
following reply:
Wilmington, N. c., May 3, 1902.
Hon. Walter Clark, Raleigh, N. c.:
Dear Sir: Yours of May 9Th received.
Also yOur allegation about my asking
your judgment and advice, I merely
note it to say that it is not admitted in
manner and form as stated.
L have this written a letter
TO Hon. F. H. Busbee, d copy of which
is herewith Inclosed.
Yours, etc,
D. l.. RUSSELL.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-05-16

Having thus the certificate Of both
these great railway systems, through
their eminent and distinguished counsel
the letters will now be printed. They
consist OF six letters, notes or memo
randa, besides two which are wholly
typewriter, unsigned, undated, and
with nothing in any way to connect me
with them and which 1 do not remem-
Der to have seen before. n a draft
form in typewriter CT Governor Rus
sells original draft os his summons, or
notice to show aus TO the wilson's
with some half dozen verbal grammat-
ical changes made therein by me. This
was not used, a different one
having been in fact issued TO them by
Governor Russell. 1t is hardly credible,
but it is true, that these half dozen
verbal changes, in an unused summons,
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-05-16
To this / replied:

To this / replied:
Raleigh, y. G. May ,. 1902
Hon. D. l.. Russell, Dear Sir: Yours
of date End o. May brought by hands
Of Mr.. F. H. Busbee and Capt. w. H
Day, was handed me last evening by
Capt. W. H. Day in person, with re-
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-05-16

forbidden under heavy penalties. by the
statute. I had doubtless been asked to
suggest a good democratic lawyer, and
l certainly named two. whose democ-
racy and legal ability reflected credit on
my judgment
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-05-16
LETTER NO. 2.

Whatever thou dost. do quickly-ere
they I'VE wit enough to Oominally)
lease out to another.
You have them On the run, keep
them agoing."
(This is typewriter, unsigned, undat-
ed and with nothing TO indicate that
Judge Clark mad anything to do with
it.) B. r. LACY.
May 9th, 1902.
The above, as Mr.. Lacy certifies, Is
type written, unsigned, undated, and
has nothing to indicate that 1 had any
thing to do with it. 1 do not recollect
ever having seen it before. The quota
tion: Whatever thou dost, do quick
ly,' I have read before. 1t is from the
Scriptures John Is oh. q VI and was
originally spoken to Judas Iscariot. l
recall no reason why I should nave ap-
piled such words to Governor Russell
at that time.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-05-16
LETTER NO. 3.

This is a little longer, but. as Mr..
Lacy certifies, is also is typewriter, un-
signed, undated, and with nothing to
connect me with it, and 1 do not recall
ever having seen it and it is unneces-
cary to take space to print it.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-05-16
ALTER CLARK.
LETTER NO. 4.

al FL NJ. a.
Permit a suggestion-Act 1891, CHI.
800 Sec. 4 clearly and Enthusiastically
makes any discrimination AN offense"
punishable by fine not less than 81, 900
nor more than $1,000" Send W. c..
Douglas today to Solicitor Pou. inform
him of what he heard OF Page. and have
bill W. r. r. sent for for hauling freight
one-half price. summon Page and
freight agent here with his books. and
h party whose goods Were hauled free
Tor one-half price,. He cannot refuse
10 testify, as he is not indiCtable, only
the common carrier.
In this way, you can get The evidence
you want. Again last year Simonton
came here to hold court-not only on a
free pass, but in a private ralace car
free. He is not indictable. Dat the rail-
road can be made to swell our school
fund s., 900 for having a the honor"
&c, to give him free cars, free passes,
free food, &c, and The National and
State publicity given the transaction
will open the eyes of the plain common
people" very effectively, both in North
Carolina and throughout h Union.
A very little trouble will get bill as to
bot above transactions and ii is worth
it. Destroy after reading"
CThe above unsigned and undated.)
May 9,1902. B.. h. LACY.
This was the advice Of a law officer,
a judge, to the Chief Executive as to the
execution of the laws, which were being
openly and VIGOROUSLY violated by pow
erful and wealthy criminals. The people
of North Carolina speaking through
their legislature had decreed the giving
of free passes to officials so immoral,
and so directly tending to bribery, that
it was made a crime punishable with a
fine of not more than $1,000. 1t was and
still is on the statute book 1t was the
duty of any citizen, especially a judge
TO call attention to 81 Haunting n
open a violation of the laws of the
State. The advice was not acted upon
and no such case came before the court.
But if a grand jury and a petty jury had
found the facts / should not nave been
disqualified to sit on the case any more
tina a judge who directs a grand jury
to investigate any other open and no
torious violation of the law.
Even right now this free pass bust
ness is starting up, though often con-
cealed in the shape OF donated tickets
and donated mileage looks A few So
600 fines would help the school fund and
help educate the railroads at the same
time to respect the law.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-05-16

IN his letter Governor Russell re-
iterates the statement made in his first
letter above, that my letters to him had
never gone out of his hands, except to
counsel in the impeachment trial, to be
used in defence of the judges, if deemed
necessary (Which was not done), and
he says to Mr.. Busbee: the letters
We're committed to you in the conf
dence that they would be kept private
and secret and not used unless it be-
came. in the opinion of counsel, abso-
lutely essential for the defense of the
impeached judges" If that statement
is correct, information which Mr.. Bus
bee acquired I'D the confidential relation
of attorney ard client has since been
made public without the consent of his
client in violation of the profess
sional confdeBc e reposed in him.
Whether this has been, done TO crafty
personal malice or because it would be
profitable to MIN to crafty the South
ern Railway by striking at a judge
whose decisions hat roa could not
control, 7 am not informed. Certain it
is, that twelve months after the ac-
quittal of the Judges it was not neces-
sary in their defense to show them to
lawyers visltII;g the capital, and to
print in railroad organs insinuations
and Misrepresentation as to the pull
port of the letters. Whether this has
been done by Mr.. Busbee directly, or
by parties who got their information
from him, in either event, the respon-
sibilty is on Elm, if the statement in
the letter. to him from his friend, ov-
ernor Russell, IL correct. and that mat
ter they must settle between them.
THE RUSSELL CLARK CORRE-
SPONDENCE.
On receiving the last named letter,
my friend, the Hon. Mr.. Lacy, called on
Mr.. Busbee who gave him copies Of the
correspondence, but could not give an
inspection of the originals as the at
torney of the railroad system, Captain
w. II. Day, had carried them off in his
pocket. On his return yesterday, the
originals were inspected and compared
with the copies and the following certi-
fcates to the following correspondence
given:
This contains all The letters I have
ever had or seen written by Clark to
Russell. VII. DAY.
AT your request Iacy's) 1 glance
over the letters which Mr.. Day delivers
and they are all the letters and papers
of which 1 have seen or or which 1
have any knowledge.
IF. H. BUSBEE."
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-05-16
LETTER No g.

My Dear Governor: See last quarter
or page ass. in lis N. c. and references
there cited i. G. Lawson on Contracts"
and Mechem on officers. $50 and cases
there cited You a get these books of
the Court Library.
Yours truly, WALTER CLARK.
h above is simply an answer to an
enquiry as to some law point by refer
ring the Governor OF the State to book
and page, where he could find IL. Those
who will turn to the citation will find
II to be good morals and coed law.
Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1902-12-19
wATTERsON AND GARvlN.

A Minnesota Democratic journal, the
Kimball Graphic says:
"Mr. Cleveland labored with New
Jersey-and it went Republican. Mr..
Bryan delivered scores of speeches IN
Nebraska and COloradO-and they went
Republican. Mr.. Hill deluged New
Y ork with speech sand it went Re
publican. Mr. German made power
full still hunt in Maryland-and it went
Republican. But Col Watterson Car
ried Kentucky, and country doctor
named Garvin captured Rhode Island
| for the Democrats. The logical ticket
for 1904 is WattersOn and Garvin."
Strictly speaking, Col. Watterson
did not carry Kentucky and Kentucky
did not have to carry Col. Watterson
so some unfriendly journals say. Whei
State goes Democratic that is be
cause of blindness When it goes he
publican that is because of illuminated
/, intellect Mr.. Cleveland had nothing
to do with New jerseys going Repub
Ilican, and Col. Watterson nothing tt
do with Kentucky s going Democratic
so those who love MI Cleveland think
This is said to shield Cleveland b,
them for it is known that if he has ha
nothing TODD with carrying his owl
State into that column he has ha
much to do with carrying other States
Thank heaven the Democrats kno'
: where he belongs and will hereafte
|, not stultify themselves by having any
thing more to do with him. Watterso
and Garvin will do, anybody will d
Except Cleveland.
Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1902-12-19
THE MESSAGE.

"a calm and careful reading of
President Roosevelt 8 message can only
excite in the breasts of his Intelligent
frlends-those who have loved and
admired him in the pasta feeling of
pity. Even his political benefciaries
will strain their intellects in indorsing
it, for, in the language of those strenu
GUS people before whom he loves to
pose, it is seven pounds lighter than a
straw hat"
The above is all the New York Sun
had to say of the recent message of the
President. 1t may be interesting to
know that the Sun is one of the most
Republican of Republican newspapers
in New York, that it is thought to be
the most ably edited paper in New
York and that it has always been a
staunch supporter of the President.
To have given voice therefore to the
above, and to embody in it all it had
to say about the message is a bit of
irony the President must have felt if
he reads the Sun, as deeply and as
keenly as any criticism that could
have been made.
Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1902-12-19
Pocahontas County Nv. Va ' items.

A great many lots have been sold by
Messrs. ArbOgast, Bratton and Mohn,
owners of the site of new town called
Barton, between Durbin and Travel.
er's Repose.
Mrs. Russell Silva has been taken to
Johns Hopkins hospital for treatment
for rheumatism.
E. M. Arbogast has positively de-
clined to be candidate again for the
Office or mayor of Marlinton, a position
be now holds.
A new railroad will be built ul
Stamping Creek to the head of Gran
berry river to remove the lumber from
a large tract of land recently purchas
ed by lumber syndicate at that point
Frank CIemmer and Others of Staun
ton. have recently sold a tract~of ], 92s
acres on the head of Williams river te
E. D. Campbell of Penn, for SIS, $50
Hon. Jacob Yost made the sale.
Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1902-12-19
Deafness Cannot be Cured

by local applications, as they cannot
reach the diseased portion of the ear.
There is only one way to cure deafness,
and that is by constitutional remedies.
Deafness is caused by an intiamed con-
dition of the mucous lining Of the Eus-
tachian Tube. When this tube gets in
famed you have rumbling sound OF
imperfect hearing. and when it is entire.
ly closed deafness is the result, and un.
less the Inflammation can be taken out
and this tube restored to it's normal con-
dition, hearing will be destroyed for.
ever; nine cases out of ten are caused
by catarrh, which is nothing but an in.
famed condition of the mucous sur.
faces.
We will give One Hundred Dollars
for any case of deafness (caused by ca
tarrh) that cannot be cured by Halls
Catarrh Cure. Send for circulars. free
F. }. CHENEY & CO.,
Toledo, O.
Sold by Druggists, 75c.
Halls Family Pills are the best.
Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1902-12-19
THE LEGISLATURE.

The Legislature with great prompt
ness and that wisdom which has for
some time characterized it, has passed
a bill prohibiting children of IL years
and under from working in factories.
This will be great boon to the chill
dren as soon as we get any factories
for them to work in. In the mean
time dear little souls, they can run the
streets in idleness, and when the fac
tories are built, which would endanger
their precious little lives, they can run
in the streets then also.
The body is in tangle about the
length of the holiday recess. Before
the day of free passes passed away this
tangls was always easily worked out
Mr.. Churchman' automobile bill
has passed the Senate. 1t is said tt
have been going at the rate of 60 miles
an hour when it passed.
Mr.. Folks offered bill to increas'
taxation to 35 cents on the 800 TO
State purposes. 1t seems impossible
for some folks to let well enough alone
Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1902-12-19
Thirty Thousand Acres.

The sale of about &c, 900 acres of wild
lands in Bath and Highland counties,
Va, and in Pocahontas county, Va,
has been effected during the past ten
days through James q. Lightner and
H. M. Lock ridge. Mr.. r. 8. Turk,
of Staunton, is the purchaser. The
land has an abundance of Timber and
mineral.
The Chesapeake and Western rail-
way, it will be remembered, was sur.
veyed some time ago from Stokesville,
Augusta county, Va, via Mon
terey, Highland county. Va to Dur
bin. W. Va. and the survey ran di-
rectly through this land. This be
gins to look as if the road might be
built, and the Highland people are
again hugging fast to their old hopes
| for the railroad.
About Is, 900 acres of this land was
taken from the tract known as thu
Wilson Survey, which contained in al
about 5000 acres. This takes the LAS
large tract of land for sale in Western
Virginia. The remainder of the Will
son tract is the property Of Davis
Elkins and Colonel John T. McGraw
OF West Virginia, and if the Wilson
heirs set up fight lively contes
will ensue. They will probably max
i the fight.-RIchmond Dispatch.
Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1902-12-19


wonderfully successful in promptly curing
lame back, kidney, bladder, uric acid trou.
bles and Bright's Disease, which is the worst
form of kidney trouble.
DR.. Kilmer's Swamp-Root is not rec
ommendedfor everything but if you have kid
ney, liver or bladder trouble it will be found
just the remedy you need. lthas beentested
in so many ways. in hospital work, in private
practice, among the helpless too poor to pur-
chase relief and has proved so successful in
every case that special arrangement has
been made by which all readers Of this paper
who have not already tried it, may have a
sample bottle sent free by mail, alsea book
telling more about Swamp-Root and how to
find out if you have kidney or bladder trouble.
When writing mention reading this generous
offer in this paper and Eyk
send your address to eai;sss59kH31ss!! s:ss:sst.
Dr.Kmer & Co., Bing Il At
hamton, N. Y. The sAs1sls Hslss ssE3s1@
regular fifty cent and Home of swamp-Roos
dollar sizes are sold by all good druggists.
Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1902-12-19
Wild Turkeys Tanned.

Garnet q. and Willie Warner who
live in Chestnuts Flats on Dry Run, in
Pendleton county, marketed 81 wild,
tame turkeys here last week, the lot
weighing 459 pounds. By nature these
turkeys were wild. Two years ago a
nest full of eggs were found in the
woods. They were taken and hatched
out under tame turkey, and by con.
stantly watching and handling the
young turkeys they became quite tame.
In this way the Warner brothers came
by the stock, and from year to veal
they keep few that they may not get
out of it.
The lot raised this year was very
fine, resembling in many particulars
the wild varlety.-Highland Recorder
Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1902-12-19
KILLED ON sIEG's HILL.
Saul E. Harper Killed There Thursday
lther Accidents at Same Place.

Monterey, Va, Dec. 13.-The terri
bile death Of Mr.. Saul f. Harper, the
Young era bbottom farmer. which Oc-
Cured near Churchville Thursday
evening, was the caus of great PROV
throughout the county. Mr.. Harper
had gone to Stanton for load of mer
chandise, and. while descending the
Sieg Hill, Just beyond Churchvllie fell
from his wagon and became entangled
| in the double trees in such way that
his head dragged the grouAd. 1t is not
known whether his team ran or not,
but, when found. the animals were at
the foot of the hill and had stopped.
The unfortunate man was not dead,
but. passed away soon after being TAX
en- to the village. The remains were
brought to Crabhottom for lntermen,
yesterday.
Mr.. Harper was SO years of age, and
was twice married. His IL st wife was
i. a Miss GrOgg, by whom be had sill
children, four now living. Less that
year ago be was married the SECOND
; time, his bride belog Mrs. Mollie Pat
terson, nee Arbogast. who also survives
7 him.
! Tho sad death of this young MAJ
calls to mind q remarkable fact: Du
ring period of years covering an aver
/ age life time, although hundreds Q
heavily freighted wagons have annual
. ly gone and returned, Drawing all tn
weather conditions known to a rigor0u
climate, only four serious accidents
: teamsters have 6ccurred-twO of theI
q being fatal.
o PETER wAYBRIGHT's DEATH.
On the 18th of April, 1888, Mr.. Pete
Waybright. an old and respected cit
lien, also of Crebbottom, fell from hi
wagon near .Plunketsville-a subur
of Staunton-and was instantly kille
t. by the wheels passing over bis heat
The other two cases were those
: Meesrs. A. j. Terry and A. j. Puffel
q berger, both of whom were so seriou
Is ly injured that they we're almost u
q recognizable. The accidents to the
! two occurred at different times, on tt
Sieg Hill, where Mr.. Harper was killt
Is yesterday.
Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1902-12-19

Tn pursuance of authority vested IN the
undersigned commissioner by virtue OF
decree entered in the circuit court OF Au-
gnsta county, Virginia, on the 2nd day OF
f1ecember, 1902, in the cause of Irvine, j.
NJ assignee, VS.. McCutchan's j. 0. heirs
he will proceed to sell IN front OF the
Court House in Stanton, Virginia, on
SATURDAY, JANUARY 3rd, 1903,
Of 70 o'clock M, the following real estate
Situated in Pastures District, Augusta
county, Virginia, to- wit:
Tract of 38 acres OF lana, more or less
2-rract of II acres OF lana, more or less.
a-Tract of So acres of land, more or less.
Tract of 1.OO7 acres, rOOdS of land,
SETract of rs acres, 2 roOds and l9pOles,
moro or less. and tract of l rood OF land !,
and also the title which j. 0. McCutchan
had in a tract of q acres and roOds con-
viewed to him by the Commonwealth; ell
of the above tracts being mountain land
of which J. O. McCutchan died seized and
possessed. Said land to pc sofa Dy the lou
or parcel and not by the acre.
TERMS OF SALE-Suffcient cash on
dav of sale to pay the costs of suit and sale
and the residue in three equal insta lments
nnon a credit of six, twelve and Snteen
months. the purchaser or purchasers to
eyeclIte bonds for deferred payments with
approved personal security, ponds TO pear
interest from dav of sale at the rate OF =
ner cent. per annum, waving the home
Stead exemption, and the title to the prop
erty to be retained as ultimate security.
0''' w CHARLES M EAST.
Commissioner.
7. Jos. B. Woodward, Clerk OF the Cir-
emit court of Augusta county, do certify
that Charles M. East, the commissioner
hove named. has executed the bond re-
nnired by decree dated the End day OF De
cember. 1902, in the chancery cause OF !.
M irvine. Assignee. vs.. J. O, McCutchan's
heirs. pending in this court.
JOS. B. WOODWARD, ClelK.
dor 5-4t
Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1902-12-19

We are indebted to Senator Thomas
8. Martin for an official copy of tho
Congressional Directory of the second
session of the 57th Congress.
Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1902-12-19

John Bell student at Washington
and Lee University, son Of DR.. S. Fl.
Bell, who has been i'll with typhoid
fever, is improving.
Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1902-12-19

WO9fStOi U
cures made by Dr..
Kilmer's Swamp-Root,
the great kidney. liver
and bladder remedy.
1t is the great medi-
cal triumph Of the nine
teenth century; dis
covered after years Of
scientific research by
DR.. Kilmer, the emf
nent kidney and blad-
der cpaCio LET o~J ..
Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1902-12-19

NOTlCE.-In pursuance of the terms of a
~ deed of assignment executed by Mrs.
M. s. Weller to VIM. 7. McCue and ]. M.
Perry, Trustees, dated Sept. 29. 1902, and
recorded in the clerks office of the col po-
ration court of Staunton, the undersigned
hereby notify all persons to whom Mrs.
Maggie Weller is indebted to file with
the Trustees their claims, properly authen-
ticated. No creditor whose claim is not so
hled within nine months after the last ap-
pearance of this notice will he entitled to
take under the deed of assignment.
VIM. T. MCCUE,
}. M. PERRY,
dec sat Trustees.