davidaulloa/AmericanStories huggingface dataset:
The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1903-02-03

case Oh D6IuS Ill duy Civil
government that we may be operat-
ing in that we will regard no oath
that will convict one of our members,
but under all circumstances stand
by the order in oath, death and blood.
In testimony of our faith we do here
upon take upon ourselves this most
solemn and binding obligation in
presence of three or more honor
able and accepted members"
(The Bible represented and kissed.)
"Oath No. 2.-The Chief then
says:
Brethren, this man Cor these men)
now kneel at the altar of our faith
and ask to be bound to fortunes
by the solemn and mysterious pro-
visions Of our order. MustI swear
him Cor them) by the oath that shall
forever bind and never be broken?
"The brethren lay their right hands
on their breasts and say, Swear him,
or them.
"The party, or parties, are then
sworn as follows:
81, A. B., do solemnly swear before
Almighty God and in the presence of
these my friends here assembled, be-
ing solemnly and seriously impressed
with the ~sacredness of this act, that
I will never make known by sign,
word or deed, my knowledge of its
existence. I swear that the enemies
of the white race and the white mans
government, and the friends of negro
equality, are now and forever shall
be my enemies. I swear to obey the
Chief and all his constitutional or
ders, and all orders which he may
issue by the direction of this society:
[ swear to kill any member of this
society that shall prove false to this
oath; [ swear to visit and comfort
the members in sickness I swear to
defend the life of every member of
this society at the risk of my own,
should I ever see it in danger. [ swear
to give my patronage and support to
this society in preference to all 9th
ers, and, lastly, [ swear by the Bible,
this blood, and this skull, that should
/ ever prove untrue in any one par
ticular, voluntarily, [ hope to become
an outcast, an alien to my country,
my friends and my God. So help
me God"
"I certify that this a true copy Of
the Ku Klux oath of Sampson Coun-
ty, as given to me by two of the
Chiefs of the Khan.
"W. A. PORTER,
~. S. Commissioner.
"Raleigh, N. c., June 28th, 1872"
The Ku Klux did much valuable
service when they we're first organ
lied. One of their first tasks was to
stop a negro plundering trip. The
negroes around Averasboro had
banded together and secured arms
Ho 49, r. - L. J- NIL
The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1903-02-03
The Ku Klux Klan in Harnett and Samp-
son Counties.

Dear Aunt Jennie:-I have trying
to learn something about the Ku
Klux, and now wish to tell the Chat
tiers what little I have found-not the
opinions of the writer, but small bits
gathered from different members of
the clan and put together by me.
The general opinion as to the cause
of the Ku Klux is about as follows:
Soon after the close of the Civil War
the authorities at Washington sent
men South to manage the govern
mental affairs. These officers in all
their dealings were partial to the
negroes, and the negroes, having
lately been set free, and now having
the ruling officers on their side, soon
began to feel their position. For
the smallest they would have
the white folk brought before the
officers for trial.
They threatened the lives of the
Southern whites, and in every way
made life unpleasant for the people
who had lately been defeated in war.
It was in the face of these facts that
a secret organization, known as the
Ku KIux Khan, was formed. Their
meetings were all held at night.
Their object was to keep the negroes
down, preserve order, and demand
justice for every one,
I give here below the oath taken
in Sampson County, which, as nearly
as [ can learn, was the same used in
Harnett. One member says that it
is about the same; another that it
sounds like it; while another says
that parts are correct and some are
not. But the general opinion is that
this is the Ku Klux oath of both
Sampson and Harnett Counties.
THE OATH.
"Oath No. II, A. B., do solemly
swear, before Almighty God and in
the presence of these friends, here
assembled, that I will truly and faith
fully keep secret even unto death the
plans and movements of this society.
I do furthermore swear that l will
come at the calling of the first G.. @.
(Grand CounciD of the unknown
multitude at any hour of the moon,
and that I will rattle the dead bones
and will follow upon the tracks of the
The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1903-02-03
"W. A. PORTER,
"U. S. Commissioner

u y. COMMISSIONERS
"Raleigh, N. O., June 28th, 1872"
The Ku Klux did much valuable
service when they were first organ
lied. One of their first tasks was to
stop a negro plundering trip. The
negroes around Averasboro had
banded together and secured arms
sufficient for one hundredmen. Their
object was to meet on a certain We'd
nesday night at the Averasboro ferry
and make a raid up the river road
and strike the Ellington road, thence
to the Raleigh and Fayetteville road
and back to Averasboro. This trip
they hoped to make in one night.
The section through which they we're
to go was the best in either Sampson
or Harnett County.
The negroes had as a leader one
of their number named George
The Montgomery advertiser., 1903-07-18
COMMITTEE CALLED TOGETHER.
Local Committee Will Take Action on
 MT. Arthurs Death.

The old committee on Entertainment and Barbecue of the Railroad Union Meeting held in Montgomery in June, has been called together to meet today al Il o'clock in the Council Chamber to take official recognition of the death of Peter M. Ar thur, Grand Chief Engineer of the Broth erhood of Locomotive Engineers.
 It will be remembered that at the rail- road meeting here in June, Peter M. Ar thur was the central figure and during his stay in Montgomery made host of friends.
 To these friends the news of his death Thursday midnight at a banquet at Win nipeg, Manitoba, came as a severe shock J. E. Worswick, who was chairman of the committee, who had the pleasure of entertaining Mir. Arthur while in Mont gomery, last night called the committee to meet in the Council Chamber at Il o'clock today, when suitable resolutions will be adopted.
 The Committee is as follows: J. F. Worswick, Chairman; c. c. Devinney. I. c. Conner, R. G. Morgan, J. H. Mccall, W. l.. Lewis Hugh Meehan. Thomas H. Howe, w. A. Weiss, J. c. Winter. Prof P. Amende. E. B. Joseph. Paul Roeder. G. P. Haardt, F. O. Walsh, Chris We haze. George w. Jones. c. P. Jones. M H. Stuart, Bruce Kennedy, John Hicks. H. F. Irwin, N. J. Greil, J. H. Hartley W. w. Screws, F. P. Glass, A. J, Miller J. T. Andrew
The Montgomery advertiser., 1903-07-18
BLACK V. PATE,

Contest of Election to Office of Sheriff.
 Appeal from the Circuit Court of Ge-
 neva.
 l. Contest of election; permissible to establish two voting places in one pre- cinct-The statute which provides that ''the Court House is the place, of holding elections in the precinct In which 1t is situated" Code, Sec. 15S5). is not exclus- i've; and under the statute which author ixes the Court of County Commissioners to "establish two places of voting in the same election precinct, when it is deemed necessary to the convenience of the vot- CTS therein. It is no objection to count ing of ballots at another place in the Court House precinct than at the Court House, when it Is shown that such other voting place was duly established by the Commissioners Court.
 2. Contest of election; qualification of railroad laborers as electors.-In the con- test of an election upon the ground that votes were cast for the contestee by per sons wno were not qualified elctors by reason of their not being residents of the preci| ct. where no other fact appears thar that said electors. who were other wis qualified. came into the election pre- cinst for the purpose of working on a retroAd for an indefinite period or uhtil if should be completed and voted at the election, and their votes were accepted r.y the election officers. the burden of proof is upon the contestant to show that such persons were not qualified cleo tors; and where, in addition to these facts 1t appears that such voters had no dwell ing elsewhere had their families with them and considered the voting place as their homes until the work on the rail- road was completed. their residence III tha election precinct is sufficiently establish ed to authorize their voting in said cleo tion.
 Same; same; case at bar.-In a pro- ceeding to contest the election to an of flee upon the ground that illegal votes were cast for the contestee by persons who were not residents of the voting pre- cinct, where it is shown that said per sons so referred to were railroad labor CTS and had been working as such un- der their employer, railroad contractor on a different road from 1896 to the cleo tion contested, which was held in August 1900; that they came into the county where said election was held in Decem- Der, 1899, or January. 1900. and resided in the precinct where they voted for more than thirty days before the election, and there was no evidence that any of such laborers ever resided elsewhere than in the State of Alabama. such laborers are
The Montgomery advertiser., 1903-07-18
Death of W. B. Shelton.

News was received in the city this morning of the death at 4 o'clock this morning at his home in Whistler, of Will liam B. Shelton. MT. Shelton was a son of the late William B. and Mrs. Virginia Shelton, and was & native of Mobile County. No man in Mobile County was better known and liked than "HiGkory'' Shelton, as he was familiarly known. Stern in the discharge of his duty, yet ever kind to all, regardless of color or condition. he made friends despite his vo- cation of more than twenty-five years as a deputy sheriff.
 He was for many years a deputy sher- fir and for the past nineteen years was special officer for the Mobile and Ohio Railroad. In speaking of him this morn- ing Col. E. l.. Russell said the Mobile and Ohio and he, himself. had lost a true, tried and valuable friend. MT. Shel- ton is survived by his wife, a daughter and two sons, his mother, two brothers
 Levi and James Shelton, and three sis
 ters, Mrs. Charles Frederick, Mrs. Fan
 nie Binzer and Mrs. Crowell, all of this
 county, besides other relatives.
The Montgomery advertiser., 1903-07-18

HARRAWAY V. HARRAWAY, ct al, Bill in Equity for Cancellation for Deed.
 Appeal from the Circuit Court of
 LauderdaIe.
 l. Transaction between persons occu- pying confidential relations; burden of proof,-Where there exists confidential re- lations between parties and the party subject to imposition or undue influence enters into a contract with. and makes disposition of property to. the other. from which detriment Is sustained by the one and benefit derived by the other, the contract or act of conveyance does not of itself, import consent but the law casts upon the party who takes the bene- fit and in whom the trust was reposed the burden of proving that the transac- tion was just, fair and equitable in every respect and entered into with the free consent of the person who sustained the detriment.
 ,. Same: same; conveyance by wife to hushand-Where, at the date of the ex- ecution of deed by a wife conveying to her husband land the relation of husband and wife had existed for many years and the husband had managed the tinan- cial interest of the wife and had been her agent for many years and stood in of the deed and the deed purports to convey 432 acres of land upon d recited consideration of one dollar, there exist ed at the time of the execution of the conveyance a confidential relation be- tween the parties thereto and the princi- ples of law governing transactions be-
The Montgomery advertiser., 1903-07-18

tween persons occupying confidential relations must be applied in determining the respective rights of the parties.
 3. Same; same; same; case at bar.-On . bill filed by a wife to have c deed exc cuted, by her, to her husband averred and shown that the com plainant and the grantee in the deed were husband and wife at the date of its execution, and had occupied that rela- tion for many years; that the husband had managed the financial interest of the complainant and been her agent for many years and stood in that relation at the date of the. execution of the deed; that the deed purported to convey 4S2 acres of land upon the recited consdera- ton of one dollar; that the complainant only yielded her consent to the execution of the deed after much pressure had been brought to bear upon her by her husband and was executed in his presence. There was some evidence for the respondents tending to show that the deed was exc cuted by the complainant in consideration of a conveyance by her husband to com plainant of certain property eight years previous to the execution of the deed, but there was no evidence as to the value of the land attempted to be conveyed by the deed of sale at the time of the con- veyance by the husband to the wife. Held: That a confidential relation was shown to exist between the complainant and her husband and that the burden was upon the respondents claiming under said deed to show that the transaction was just, fair and equitable and was ex- ecuted by the complainant of her own volition, free from the influence of her said husband and agent, and that said burden was not met and the complainant was entitled to have said deed set aside and annulled.
 {. Bill to cancel deed from wife to hus- band; competency of witness.-On a bill filed to have a deed executed by the complainant to her husband annulled and cancelled upon the ground that said deed was procured by the undue infiu- ence of the husband upon the wife, the relatives of the complainant, though they will inherit her estate should she die in testate, are competent to testify to the declaration by the husband to complain ant, who had died subsequent to the exe- cution of said deed; such witnesses not being parties to the suit and having no pecuniary interest in the result thereof.
 5. Evidence of consideration of deed; burden of proof.-When a consideration different from the one expressed in the deed of conveyance is attempted to be shown, the burden of proving such diffr- ent consideration is upon the party as- serting 1t.
 Reversed and rendered. Opinion by Tyson, J.
The Montgomery advertiser., 1903-07-18
Negro Kills Another.

About S:3O o'clock this morning on the river front, at the Southern Railway coal docks. Godfrey Anderson. a negro, cut to death another negro. Dan Cole. An derson surrendered to Theodore Ebbocke and Patrolman Collins He is now in the police prison awaiting the action of the coroner.
 It was learned from eye witnesses that Cole, who was a kind of boss over a gang of negroes engaged in coaling a steamship, had been overbearing to An derson. one of the helpers. Last night he is said to have assaulted the negro and knocked him down. finally driving him from the vessels This morning Anderson went to the vessel to get his pay and Cole again assaulted him and Anderson, who is much the smaller of the two. call ed to some negroes to take Cole off him. Before this could be done Cole was get ting the better of Anderson, whereupon the latter drew a small knife and stabbed his assailant below the left nipple, in the neck and across the hand. Cole lived but few minutes.
The Montgomery advertiser., 1903-07-18
Yacht Club Shoot.

The Mobile Yacht Club shoot for the gun club medal this afternoon, the forty eighth of the series. was won by Tom O. possible 70. The series is to comprise eight shoots and the winner of the great est. number of contests is to become own- CT of the magnificent gold badge. White won the first. Goodbrad the second, Ban- gle the third and Goodbrad this after noon's shoot, giving him lead. The re- suits of the entries were as follows: John- ston. g: Sirmon, 27; Mangold, 19; Bangle, 30; Goodbrad, S6; White. 2S: Vincent. %; Chamberlain, %; Debriere, 27; Hill. 19; Groom. 22.
The Montgomery advertiser., 1903-07-18

constructive possession; and the title and constructive possession of such vendee is not affected by a conveyance of said in- terest subsequently, executed by the ven- dor to the person with whom the executo- ry contract to convey was previously made.
 4. Bill to compel determination of claims and to quiet title; when possession necessary to maintain biIl.-To maintain a bill under the statute to compel the deter imitation of claims to real estate and to quiet title Code. Secs SO9-S1S) possession actual or constructive Is essential, and such possession must be definitely or unequivocally averred; and unless so averred the bill is without equity and should be dismissed upon motion properly made.
 Reversed and rendered. Opinion by Dowdell, J.
The Montgomery advertiser., 1903-07-18
J. N. Sullivan in Mobile.

Metropolitan Coil Company of this city. with wells at Welsh, La, Is in Mobile to consult with and report to the director ate. MT. Sullivan is a former Montgom- erian and a son of Hon. J. L. Sullivan. He speaks in glowing terms of the Welsh oil fields.
The Montgomery advertiser., 1903-07-18
Three Rows Drowned

Augusta, Ga, July 17-Three boys. Claude Neeser and John Brown, white and Fred Parker. colored were drowned near this city today. The boys were bathing in wash hole and 1t is thought were seized with cramps.
The Montgomery advertiser., 1903-07-18
Mobile Minor Mention.

D. T. Raughton, collector for local furniture firm, was tried in the same court on two charges of disorderly con- duct and one of resisting an officer. In the two cases of disorderly conduct he was fined respectively $10 and $20 and the resisting case was taken under ad- visement. Appeals were taken by the defendant
The Montgomery advertiser., 1903-07-18

F. L. Hanseling, civil engineer, has been in the city the past two days in consultation with a local architect, G. G. Johnson, relative to plans for a large hotel which is intended to be erected on Lake Pontchartrain, between Vaudeville and Leuisburg, opposite New Orleans.
The Montgomery advertiser., 1903-07-18
Policeman Suspended.

Chief of Police Case tonight announced the suspension for five days of Patrolman Dan Boltz for sleeping on his beat and the appointment of Joe Mallory on the supernumerary list
The Montgomery advertiser., 1903-07-18
Advertiser Bureau,

Mobfle, July n.
 Before Judge Jules E. Afford in the Inferior Criminal Court this morning, the following negroes were arraigned for trial:
 Spencer Bates, Monroe Webster. Dan Brown, Asa Jones, George Gatewood, Henry Weeks, Charlie Futile, Frank Jen- kns and Genie Samuels.
 The charge against the defendants were assault and battery on Mike Kearns and Sam Kelly, white. The defendants nam ed are the ones who were arrested as participants in the disgraceful assault on complainants who were two of party of young men and women. a sicnic party. Sunday last on the Bay Shell Road. below Fredericks place, an account of which ap- peared in Tuesdays Advertiser.
 It will be recalled that the picnic party were forced to seek shelter beneath the roof of a shed because of a storm. While of negroes were in an adjoining shed. their presence being made known by dis graceful language on the part of some of the negroes. One of the young men went to the negroes and informed them that there were ladies in the other part of the structure and asked that the lan- guage be not used. The result was an attack on the young man which became general on the part of the negroes when
 
 row. Some of the ladies tainted from fright and one was roughly handled by one of the negroes. The two complain ants were injured by bricks thrown by the negroes.
 When the facts became generally known there was much indignation expressed in the city where the young people lived. The negroes had counsel to represent them in tn defense of their cause. A number of the young ladies were sum- moned as witnesses in the case.
 After hearing the evidence and argu- ments Judge Afford discharged Gatewood and Samuels. Futile and Brown waived examination demanding a jury trial, and were required to give bond of $300 each to the City Court. Jenkins, Webster, Bates and Weeks were given the limit of six months and 140 days for costs. each. These gave notice of appeal and were al- lowed five days to make 800 bonds each.
The Montgomery advertiser., 1903-07-18

John c. Logan, Jr., a popular clerk in the office of the purchasing agent of the Mobile and Ohio Railroad, Is desper- ately i'll at an infirmary.
The Montgomery advertiser., 1903-07-18

SMITH, Receiver ct al. vs GORDON. Bill in equity to compel determination of
 claims and to quiet title to mineral
 interest In land-Appeal from the
 Chancery Court of Franklin.
 l. Bill to remove cloud from title; amendment to compel determination of claim under statute no departure Where a bill is filed to remove a cloud from com plainants title an amendment thereof so as to convert the bill into one to compel determination of claims and to quiet title, as provided by statute Code, Secs. S09- SlS) does not constitute a departure and is allowable.
 ?. Executory contract for sale of real estate does not convey title-An execu- tory contract to convey land or the mineral interest in land, does not affect the legal title thereto; and after the ex- ecution of such contract the legal title remains in the vendor until the execution of valid conveyance
 3. Same; conveyance of mineral in terest constructive possession Where, after the execution of an executory con- tract to convey the mineral interest in certain specifically described lands, the owner of such mineral interest executes deed thereto to a party other than the holder of the executory contract, the Vendee in said deed of conveyance acquires the legal title thereto and under l the statute of uses becomes invested with
The Montgomery advertiser., 1903-07-18
HeAd-Notes Qf the Decisions
 Of Alabama Supreme Court.

qualified electors and 1t is proper that their votes are counted as cast.
 Reversed and rendered. Opinion by Haralson, J.
 DALTON V. BUNN & ALLISON. Action of Assumpsit.-Appeal from the
 Circuit Court of Madison.
 1. Vendor and purchaser; purchaser can not defeat suit for goods sold by set ting up breach of contract.-The pur- chaser of goods while retaining the goods so purchased, can not, in suit for their value, set up the breach of contract in the sale and purchase to defeat payment and as a bar to plaintiffs right of ac- tion.
 2. Pleading and practice; when motion to strike pleas should be granted; suff1- ciency of pleas should be tested by de- murrer.-Unless special pleas filed are either frivolous, irrelevant or prolix, it Is error for the court to strike such pleas on motion. The sufficiency of plea must be tested by demurrer.
 Reversed and rendered. Opinion by Dowdell, J.
 STREET Action Against Warehousemen.-Appe
 from the Circuit Court of Coosa. C l. Jurisdiction of Circuit Court to rem der judgment for failure to properly an- swer interrogatories; court of limited ju- risdiction.-A Circuit Court, in the exer- else of the jurisdiction conferred by stat ute, in enforcing the remedy for failure to answer interrogatOries propounded. or in answering them evasively or not fully, Code Secs 1S50-1S5S) is a court of linn ited jurisdiction,
 9. Court of limited jurisdictions; juris- dictional facts must affirmatively appear in record; sufficiency of Judgment.-While a court is in the exercise of special or limited jurisdiction, the existence of jul risdictional facts can not be inferred from the exercise of jurisdiction. but such facts must affirmatively appear from the re cord and this requirement. Is not sats- fled by the recital in the Judgment entry from which the inference may be drawn, or on which an argument may be predl- Cated. that the court asccrtained the eK- istcnce of the jurisdictional facts
 Reversed and remanded. Opinion by Tyson, J,
 MANKER V. WESTERN UNION TELE-
 GRAPH COMPANY. Action Against Telegraph Company for
 Breach of Contract in Sending Mes
 sage-Appeal frop the Circuit Court
 of Jefferson.
The Montgomery advertiser., 1903-07-18
Death of Mrs Edwards.
In the Recorders Court.

Tn the Recorders Court this morning Archie McHale, charged with disorderly conduct and violating the Sunday law, was fined $50 and $20 respectively, in the two cases He made an appeal bond in each sac