davidaulloa/AmericanStories huggingface dataset:
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1903-12-01

in contraband liquor, and who
was actually engaged in that un-
lawful pursuit, it's seizure was law
ful. Under the authorities cited
above it is manifest this would be no
defence if the defendant seized the
liquor, knowing it was exempt by
reason of being in transit from the
seller in North Carolina. We find,
however, the defendant had be-
fore in the answer denied the
liquor was in transit or that
he had received any notice from.
plaintiff to that effect. This is not
all action to recover the value Of the
whiskey, but for punitive damages
for seizing liquor not contraband
wilfully and maliciously. The issue
therefore is whether there was a
wilful or malicious violation Of the
plaintiffs S rights, an intentional alb
use of official power and malicious
purpose to Cypress. Even if the
liquor was exempt, the material in
Quiry in a case Of this kind is, whc-
thcr the constable knew, CT ought to
have known, it was exempt, or was
he endeavoring with due caution to
honestly exercise the duties Of his
office in making the seizure. In
meeting this issue the fact that the
plaintiff had the reputation of being
a liquor dealer, and had been con-
victed of selling liquor contrary to
law, and that he habitually kept
liquor for sale III violation of the
law the constable was required to
enforce would be very cogent de-
fence?
Those who habitually engage in
the illicit sale of liquor are pro-
fessional criminals, and it would be
indeed singular that a constable
charged with unlawfully, wllfully
and maliciously seizing the kind Of
property with which they ply their
trade should not be allowed, after
denying the notice of the exemption
imputed to him by the plaintiff, to
allege and prove the reputation of
the defendant as an illicit liquor
dealer, and the fact that he was
actually engaged in selling contra
band liquor in rebuttal Of the charge
of willul and malicious seizure Of
exempt liquor.
The first exception is overruled.
The Circuit Judge sustained the de-
murrer intcrposed by defendant to
the complaint, on the ground that
it did not state facts sufficient to
constitute a cause Of action, in that
suit could not be brought against
the defendant Individually, but
must be brought upon his official
bond.
HOW CONSTABI.ES MAY BE SUED.
The Court gives the law upon
this right to sue constable and
holds that the bond the constables
give does not make the right to sue
on that bond an "cXclusivc' rem
edy, but that constable, like any
other officer, may be sued for more
than the amount Of his bond, and
it is left to a jury TO decide upon
the facts involved, and render vcr-
dict, if warranted. 1t will be APP
preCiatcd Of what importance this
decision is in view Of certain recent
events.
Thanksgiving in Grace Passionate.
Thanksgiving services in Grace
pastoraic, the Rev. w. a. Lutz,
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1903-12-01
GENERAL NEWS NOTES.
Items Of More or less Interest Condensed
Outside the State.

IL Is uuueIStOOu llldlIOTuNODeIlS,
commander in chief of the English
army, has determined to resign on
account of i'll health.
Oberlin M. Carter, ex-captain of
engineers, has completed his sen-
tence in the Federal prison at Fort
Leavenworth and walked out early
Saturday morning a free man.
Emperor William of Germany
has withdrawn his offer of cup for
a rans-Atlantic yacht race in 1904,
on account of his health, and has
substituted for it the offer of a cup
to be raced for in 1905.
The Cuban senate has passed
bill establishing a lottery as the
most popular method of raising ad-
ditional revenue.
Alfred Dreyfus has been success
full in his efforts to secure a judicial
examination of his famous case, and
a commission will pass upon the
question Of a revision Of sentence.
The investigation Of the official
conduct of General Wood during
his administration of Cuban aft irs
still goes on in the senate committee
Oh military affairs. Some ugly
charges have been developed.
a mother and two SONS have been
convicted at Staunton, Va, of train
wrecking. One son was sentenced
to hang and the mother and other
son we're sentenced to serve long
terms Of imprisonment in the peni
Tertiary.
w. J. Bryan was the guest of
honor on Thanksgiving night in
Lond On at a banquet given by the
American Society in London. He
a I'D Ambassador Choate made
speeches and engaged in a harp
tilt.
Robert J. Hale, compositor in
the government printing office at
Washington, committed suicide on
Thursday after killing his wife.
The deed was the result of the
mans connection with another wo-
man.
Secretary Hester's weekly cotton
statement, issued on Friday, showed
for the lightweight days Of the
season that had elapsed, that the
aggregate was behind the same days
last year 1900 bales and ahead
Of the same days year before last
1850
The Chicago grand jury has re-
turned indictments against four
men. charging one with completely
in five murders, another in connec.
ton with four murders and two
others in connection with four mur
ders each. Of the four men indicted
three are mere boys who were cap.
tured in Indiana on Friday at the
close Of very spectacular hunt.
While President Roosevelt was
In New York on Friday to attend
the funeral Of his uncle, Mr. Gracic,
although he was surrounded by
several hundred policemen and
secret service men, A. b. Dcming,
a crank, managed to get close
enough to him to hand him a letter
In which Deming claimed he had a
cure for cancer and said he wanted
to try it on Emperor William.
It is reported from Re1cher Ia
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1903-12-01
Thanksgiving in Grace Passionate.

Thanksgiving services in Grace
pastoralc, the Rev. W. a. Lutz,
were largely attended and the
orphans at Salem, Va, were well
remembered. Grace church con-
tributed $27 in cash and $54.75 in
dry goods, etc. Mt. Tabor gave
SO. 1o in cash and 81 in produce.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1903-09-25
KINDERGARfEN WORK.
Those Interested Are Asked to
Meet Miss Hanuers at the.
Early Saturday.

Miss Elizabeth Hammers, a well
known kindergarten instructor
connected With tho Fort Worth
Kindergarten College. is IN the
city aud on Saturday afternoon al
4.30in the psriora Of the New Early
Hetel would like to meet all those
who are interested in the work
with little children. Not only the
mothers but fathers will be gladly
welcomed and matters Of great i'm.
portanoe about the kindergarten
work for the coming year will be
considered.
Miss Hammers Is a thorough
kindergarten, having spent the
past fifteen years other life in the
education Of the child. she is q
woman Of rare ability sud her talA
is sure to interest those pres.
sent.
Misses Davenport and HoYey.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1903-09-25
DAN PATCH BEATEN.
Prince Alert is the New Pac-
ing Champion Re-
cord 1851.

By the Associated Prese.)
New Yory, Sept 24.--Prince
Alert the pacing hereof a hundred
races and the champion Of a score
OF half mile tracks, went against
the worlds pacing record Of 1859,
held by Lon PATCH, aud beat it
most docesiyely, at the Empire
City track today. II was the first
day OF tue Autumn meeting Of the
Empire City track trotting club and
in addition &, q strong card Of
four races Prince Alert was billed
for what looked like the impossi-
BILE feat OF beating tho record.
Bnt Prince Alert had recently won
the half mile track championship
IN 2:03i, which had been won only
the week before by Dan Patch IN
2.04, and good judges were san
guioe.
The weather and track were
perfect aud the wind which was
nigh early 10 the day kindly sub
sided, so that the conditions were
favorable. Mart DeMarest, the
trainer and driver Of the Prince,
on account OF overweight iecided
to get Johu Curry 10 drive and
DeMarest drove the thoroughbred
speed maker ia front with The
wind shield snlky. Al The third
time the starter gave tie word and
pacing like a perfect piece Of ma
chinery Prince Alert shot away TO
the quarter pole ID 295. As he got
into the back sltenth be incrt ased
bis speed aud was at thehaif IA .js.
Then the crowd realized that they
we're witnessing the fastest mige
OF the century. and cheers and
shouts OF "come on came from
the grand stand and lawn. with.
out brsak or ,rpmOr, he flashed
by the three-quarter pOie n lao
IA, aud wilhous any urging came
IN with a superb 0nrst Of speed,
crossing the wire ia l:54.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1903-09-25

The old reliable Cotton Belt
route, one Of the best Of the south
ern railway systems, is making
some very low rates for special ex-
cursions mentioned In their adver-
tisement on another page in this
paper, The Cotton Belt does
nothing by halves, except in the
matter Of cutting rates. Then
they cDt 'em square in two, some
times adding s. ioF good measure.
II you want to go east or south
this summer the Cotton Belt Is the
line you shouldtake. Their trains
are the finest money can equip.
and their service is gilt-edged. Il
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1903-09-25

A fare Of one first class rate
plus one dollar is made by the
Rock Island from Chickasha 10
Denver, Colorado Springs, Pueb-
10, etc, also Clondcrott and El
Paso, Tex, Tickets are on sale
daily, with return limit Oct. 81.
For particulars call on r. Stephens,
local agent. dlf
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1903-09-25
THE COUNCIL MEETS.
Business Attended to Wednes-
day Afternoon at a Call
Meeting.

AT q call meeting of the city
council Wednesday afternoon sew
ersl matters Of importance were at
tended to. All the members were
present, presided over By Mayor
Murphy.
The new aIdefmcl, r. 4. ScofBern
and John Wells were given certif-
oates of election. and on motion
by the council, were welcomed as
new members.
The bond alec ion notes we're
canvassed and verified, the Official
returns showing the vote to be 400
majority for sewer bonds, and
i22 majority for water works
bonds.
On motion, which was carried,
he city decided that the Younger
James Wild West Co. would not
be allowed to parade the streetun.
til they had paid the city show
license.
1t was resolved that the finance
committee of the council be rem
deFed on itemized statements fl. N
the school board Of the expendl-
ture OF school funds in full, 10
date, including funds of school
houses, having vouohes attached.
Also that a statement of the fin.
ancea OF the city be adopted and
published, together with q report
Of the school board when retnrb-
cd. No other business on hand
the council adjourned.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1903-09-25

Mrs. DeMoss has received her
fall stock OF new street and ready
to- wear hats, aud now has them
on display At her millinery parlors,
l19 North Third street. Be sure
10 see them before selecting your
fall hat. div
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1903-09-25

Take a trip to the mountains
via the popular route "Frisco
System. One fare plus 50c foI
round trip via the frisco System
will take you to Denver, Colorado
springs, Pueblo, Glenwood Springs
Ogden and Salt Lake. Tickets on
sale June FIRST to September 80
inclusive. For stop overs aud
other information call on A. G.
Wilson, local agent.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1903-09-25

One way coIonist rates selling
daily sept. Is to Nov. 50th, 10
Los Angeles, San Francisco and
Sacramento, S25. For further
information call on or wnte r.
Stephens, agent,
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1903-09-25

Frank Deyore, q brother Of Mrs.
y. r. Abercromble, left Wednesday,
afternoon for ST. Louis, Mo.
where he viii visit bis brother for
a few days, and from there be will
90 to Neoga, H., 70 visit his par
ents and other relatives.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1903-09-25

J. A. Rose, our postmaster, is
making q tour over the Territory
visiting the /. o. OF. Lodges.
Brother Rose intends to do bis
duty as Grandmaster during his
term Of Office.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1903-09-25

One way second class eolonist
rates to Idaho, Montana, Oregon,
Washington and British Columbia
points. Effective Sept. Is, and
continuing in effect up 10 and IN
oluding Nov. 80. For further in
formation call on or write r. S.
stephens, ageni, G. R. I. & P. BY.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1903-09-25

Low round trip rates to south
eastern states each Wednesday
and Saturday up 70 aud including
September 30. Limit 90 days.
For further information call on OF
write B. Stephens, agent.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1903-09-25

Home visitors excursions, via
the great Rock Island route, to In-
diana and Ohio. One fare plus g.
Selling Sept. Is and oct. 6, return
limit 80 days from date fsale.
See r. Stephens, local agent. dts
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1903-09-25

A. simpson has sold the Man
haitian Steam Laundry TO johnson
and Co, who will make several
necessary improvements aud ad-
diuons TO the plant, including a
new boiler. The new company
expects 10 begin business 10 few
DAYS.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1903-09-25
A New Blacksmith ShOD,

l am now prepared TO do Gen
erai Blacksmithing, Wood Work
Repairs and Horse Shoeing, at
my new shop corner Of Choctaw
aud Fourth street. Your work
solicited.
GEORGE BECKWITH.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1903-09-25

The Missouri Contracting and
building Co, have four car loads
OF painss, paper and other build.
ing material on the track which
they will unload at once. These
Gentlemen mean business, will do
business in Chickssha. Messrs
Zimmerman aud Luna deserve q
large patronage for they have been
10 the business for years and will
be great help 10 our city.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1903-09-25

Art Pesi. John has rendered his
his rtslgnation as Express Messen
ger, which was acc spted lest Sun.
day. Mr.. Petiyjohn has been with
the company for over three years
during which time he has given
entiie satisfaction. Mr.. and Mrs.
Pestyjoha will move today. to
Naples where he has purchased a
stock of groceries and drugs. We
are sorry tolose these good people
from our city, but in this case our
loss Is gain for Naples.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1903-09-25

j. M. Bennett Department store
is attracting more attention now
than any other place in town, the
people have learned thst Bennett
has every thing for less. 1t
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1903-09-25

The stone cutters have begun
cutting the silIs and caps for the
Masonic and I, o o. F, ten.
pie
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1903-09-25

Mise Bessie Robinson is visiting
friends at Ardmore and will con-
sinne her VISIT about one week.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1903-09-25

who are to take charge Of the kin
dergarten for the coming year will
also be present. 1t will probably
be remembered that these youag
ladies were here for a few days in
the summer, engaged in working
up kindergarten. They were
very successful aud feel much en-
couraged by the interest shown
and will consider it great favor
if those interested will make q
special effort to be present at the
Saturday afternoon meeting.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1903-09-25

st. Louis Fair Oct. 4 to s re-
turn limit Oct. 18th, eI7.55 for
round trip. R. Stephens,
Il c. r. /. & P. agt.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1903-09-25

Davidson & Case Lbr. Co.
4. j. Steward Lbr. Co.
Stephenson Browne Lbr. Co.
Logan d Friend
VIM. Cameron s. Co.
Washita Valley Lbr. 90.
Amsden Lbr. Co. 81
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1903-09-25

Miss Maud Ketchum, 3Io lowe
avenue is rejoicing over the pur-
chase of fine Marshal and Wen
dali piano. F. 81. Denton made
the sale.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1903-09-25

We the lumber dealers of Chick
ashp agree to close our yards dur
ing the races Sept. % to Oct, ? In
elusive, from 2 until 5 each after.
Lancaster enterprise. [volume] (Lancaster, S.C.) 1891-1905, 1903-05-06
Notice

Attention is called to the fact
that the license tax for 1908, inn
posed by council on all occupa-
tions and callings enumerated
in the schedule already pub
lished, must be paid in advance,
and that it is made a criminal
offense to engage in said bust
ness or calling without first
paying the licenses to the Town
Treasurer, who will receipt
therefor.
Attention is also called to the
Tax on Dogs, which goes into
effect Jan, !, 1908. All dogs
found off the premises of the
owner without the tag furnished
by the Town Treasurer, on pay.
ment of the tax of 81, will be
taken up and after SO hours
killed. r. +. WYLIE.
Dec. so, 1902. Mayor.
Lancaster enterprise. [volume] (Lancaster, S.C.) 1891-1905, 1903-05-06
THE COTTON ACREAGE.

New York, April 3O.-As q
suit of special investigation Of
the acreage planted in cotton this
year the Journal OF Commerce
shows, by reports given in detail
from 1,4O0 correspondents, that
an increase of % per cent in the
acreage is probable. This is
equivalent to 609,9S5 acres, aud
makes the acreage to be seeded
this year 2S,57S, 1926 acres, against
27,o73,330 acres last year. Plant
ing Is about two weeks late on
the average. North Carolina
shows an increase Of 4 per cent of
its acreage, or 1910 acres in
crease in the area seeded; South
Carolina an increase of 3 Der
cent, or 1919; Georgia an in.
crease of per cent, or 47,4S9; /;
Florida an increase of 4 per cent
or IL, AS; Alabama a decrease of
l per cent, or $4,000; Texas an
increase of 2 per cent, or 53,S97; ;
Arkansas an increase of 7 per
cent, or 143,353; Tennessee an
increase of 5 per cent, or SO, ,4S7;
Mississippi an increase of 16 per
cent, or 10,004; Oklahoma an in
crease of 4 per cent, or 1851;
Indian Territory an increase of 1
per cent, or A 1868.
Lancaster enterprise. [volume] (Lancaster, S.C.) 1891-1905, 1903-05-06
ONE OF THE OLD SCHOOL.
Major James u. Gibbes of COlum.
bia Dead-His Was Life of
Varied Experiences.
From The State OF Wednesday.


Mr.. James G. Gibbes, the State
land agent, died at his home on
Senate street last night at 1880
o'clock. He has been in failing
health for some time, but the
news that he had suffered stroke
of paralysis was shock to his
many friends yesterday, and his
physical condition was such that
he never recovered consciousness.
noH was he able to rally in any
way. The announcement of his
death caused much sorrow among
the large circle of friends who
had ever recognized in him the
spirit of one Of natures noble
men.
There are only two of us left"
he SAID few days ago in refer
ring to the fact that so many of
elderly native born Columbians
had passed away in the last u
months, and now his spirit has
followed to the haven Of rest the
shades of Hampton and William
Wallace and those other gentle
men of the old school who were
identified with Columbia in all
the vicissitudes of the city in the
last half of the last century. He
seemed to feel that the end was
near, for he spoke as if his life
work had been ended, and he
was willing to lay down the duties
which had found him constantly
on the go, Notwithstanding the
fact that be had reached the age
when the majority of men are
willing to rest.
Mr.. Gibbes was born in Col.
umbia on the 9th of January,
1929, aud spent the greater part
of his life on the very soil on
which for two generations his
forefathers had spent their hon
ored lives. He was the son of
DIR. Robert Wilson Gibbes, editor
of the Carolinian aud 4 man Of
letters whose reputation was as
wide as the nation. HIS own life
was filed with varied experiences
and is romantic in the extreme.
Before the war Mr.. Gibbes had
amassed quite fortune and was
at one time the sole owner Of the
Saluda factory, which was burned
by Sherman on his march through
South Carolina. During the war
Lancaster enterprise. [volume] (Lancaster, S.C.) 1891-1905, 1903-05-06

United States Senator Daniel,
of Virginia, said in a recent
speech at Baltimore that the
nineteenth century produced five
soldiers to whom the world has
given the title of great-Napo-
leon, Wellington, Won Moltke,
Grant and Robert f. Lee.
Lancaster enterprise. [volume] (Lancaster, S.C.) 1891-1905, 1903-05-06
he operated in Columbia varied

he operated in Columbia varied
industries in which were manu-
factured many commodities used
by the Confederate soldiers. Per.
haps the most distingu ished SER
vice which he rendered his coun-
try during the war was his secur-
ing from wealthy German
nobleman the loan of $6,OOO,OOO,
to repay which was pledged the
product of the cotton fields of the
Southern States. Mr.. Gibbes was
always of the opinion that had he
been permitted to do so he could
have secured much greater loan,
by means Of which foreign coun-
tries would have become doubly
interested in the south and the
ports of the Confederacy would
have been opened 20 the COM
merce of the world, and the cause
of States rights would have pre-.
vailed by reason of the interven-
tion of foreign powers interested
In getting the return of their
loans. 1t was romantic bit of
experience which enabled him to
witness the marriage in West
minister Abbey of the Prince of
Wales, now the king of England,
rare privilege, indeed, as the
government of the Confederacy
had not been recognized in an
official way by the government of
England.
When Sherman came through
Carolina, Mr.. Glbbes, as the act
ing intendant, surrendered the
city to the federal general and
asked that the city be saved. On
rare occasions he told of seeing
Sherman sit on his horse and
watch without emotion the de-
struction of what was then the
falrest city in all the land.
There was great destitution in
Columbia Immediately after the
scourge of Sherman's army. The
population was then as large as it
ls now, for there were 80 many
refugees from all parts of the
State, and Mr.. Gibbes undertook
to parcel out the scanty rations
to the thousands of hungry peo-
pie congregated here. His own
storehouses, or such of them as
had escaped destruction, were at
his own order made common
property, and the suffering peo-
pie had in him friend indeed.
Lancaster enterprise. [volume] (Lancaster, S.C.) 1891-1905, 1903-05-06

Immigrants landed at Ellis
Island during the month of April
numbered 92,774. The corre-
spending month of last year
1857 landed. The total immi
grafton the last four months was
21O,O51. During the same period
last year it was 179,6O4.
Lancaster enterprise. [volume] (Lancaster, S.C.) 1891-1905, 1903-05-06
GA ST
Bears the II The Kind You Have Always Bought
Signature os G>XzzIzu

Two masked men required the
express agent at Mason City, Ia,
to open his safe, and they took
$4,000 and departed.
Lancaster enterprise. [volume] (Lancaster, S.C.) 1891-1905, 1903-05-06

A mob at Salonica, European
Turkey, wrecked a bank and a
postotfice with dynamite and
bombs. Two persons were killed
and several injured.
Lancaster enterprise. [volume] (Lancaster, S.C.) 1891-1905, 1903-05-06
@MxN.

This signature is on every box of the genuine
Laxative BrOmC-0uinine Tablets
Lancaster enterprise. [volume] (Lancaster, S.C.) 1891-1905, 1903-05-06
YOu Know What you Are Taking

when you take Groves Tasteless Chill
Tonic because the formula is plainly
printed on every bottle showing that
t is simply iron ana Quinine in a
tAsteiess n"cm. No cure No pay. 6Oc
Lancaster enterprise. [volume] (Lancaster, S.C.) 1891-1905, 1903-05-06
To Cure n Cold In One Day

Take Laxative Bromo Quinine
Tablets. All druggist refuRd the
money if it fails to cure. f. w.
Groves signature ia on each box 25cts