davidaulloa/AmericanStories huggingface dataset:
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04
Supreme Court Says 1t Is
Advertising Agency.
WINSTON LOSES AGAIN
Sheriff Calvin Garland, of Mitchell MOI
Guilty of Specializing in County
Claims, of Which Crime He
Was Convicted in Lower
Court.

The Supreme Court, by an opinion
handed down yesterday, decides that
the trading stamp company is an adj
vertising company, and not a gift en-
terprise concern.
The point was involved in two APP
peals from Winston. That city has
an ordinance requiring gift enterprise
concerns to pay a license tax of $50,
and another ordinance requiring adj
Vertising agents to pay $40 license
tax. The city claimed that the Trad
ing Stamp Company was gift en-
terprise concern, while the latter con-
tended that it was an advertising
agency, and therefore came under
the SO tax and not the $50 tax. me
lower court held that the company
was an advertising agency, and the
town appealed.
The appeal was argued by the At
torney General for the State, Messrs.
Watson and Buxton for the city of
Winston; Messrs. Glenn, Manly and
Hendren for the Trading Stamp Com
pany. Now the judgment of the low
er court is affirmed.
In the case of the State against Cal
vim Garland sheriff of Mitchell coun-
w. who was accused of specializing
the lower court, thus declaring Gar
land innocent of any violation OF the
law.
The sheriff, who is a Republican,
was indicted for specializing in coun-
ty claims. His contention was that
he was purchasing the claims at a
sum less than the face value under
the direction of the Board of County
Commissioners. A special verdict was
agreed upon by. the jury, findlng
certain facts, upon which Judge Long
adjudged that the defendant was
guilty and sentenced him to pay a
fine of $50 and costs. From this
Judgment Garland appealed.
The indictment was based upon sec
ton 1909 of the Code, which not only
makes it misdemeanor for a coun-
tv officer to speculate in county claims
but also makes it violation or law
if any such officer should engage IN
the purchase of such county claims
at a less cost than their full ana true
value The punishment Is fine or
imprisonment, at the discretion OF tne
court.
The sheriff disclaimed@ any criminal
intent whatever contending that 1t
was simply a scheme for the purpose
of adjusting the indebtedness OF the
county.
The list of opinions handed down
Yesterday is as follows:
Bank - Commissioners, from Madi-
son; reversed.
Jones vs. Commissioners, from
Madison; reversed
Bernhardt VS.. Railroad, from Cald-
well. affirmed.
State vs. Garland, from Mitchell
reversed
MeGraw VS.. Southern Railway, from
Mecklenburg: new trial.
Winston VS.. Beeson, from Forsyth'
affirmed.
Winston VS.. Hudson, from Forsyth;
affirmed.
Marks VS.. Cotton Mills from Dur
ham: new trial.
ellis VS.. Arringdale, from Person,
two appeals; decided in favor OF PLAIN
tin.
Trust Company VS.. Benbow, from
Guilford: petition to re-hear allowed;
Judgment below affirmed.
Hinton VS.. Insurance Company
from Pasauotank new trial.
Revburn VS.. Sawyer, from Dare;
error.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04
Ri" Event for 18th.

Rehearsals were begun last night
with a vim for the Good Shepherd
church entertainment to be given on
the 18th. The production will by far
eclipse the one given on February
10th. Two hundred people will par
ticipate. a very elaborate affair has
been planned. Rehearsals will be con-
Quoted as follows: Children at Metro
politan Hall at 3 p. M, and the adult
chorus at the Guild Room at p. m.
all this week. The music is all very
beautiful and a great production will
he piVen
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04
ONLY ONE OF IT'S KIND.
Bobbitt-W Drug Company In
stalls New Carbonator.

A new and novel apparatus that de-
notes progress on the part of the Bob
bitt-Wynne Drug Company has arriv-
ed and it is to be installed in the front
window of the company's store. 1t is
a continuous liquid carbonator, and is
the only one OF its kind in Raleigh.
This new and improved apparatus
has the great advantage OF quicker
service and the saving of gas. The
charge is direct and thus greater life
is given the carbonated water. The
increased business of the company
forced them to put in this great i'm
DroVemant ,,,. 4
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04
Wrestling With Whiskey
Frauds.
Continued from First Page
Lance VS.. Butler.
Smathers VS.. Bank.
Clark VS.. Rankin.

ant evidence had evidently been dis
| covered, not only since the finding of
| the bill of indictment, but since the be-
ginning of this trial Even if the
| President of the United States he ex-
| claimed. had been shown on these re-
| cords before you framed these bills of
! Indictment to have been a party to
these frauds, it was your sworn duty
TO have indicted him on the strong
evidence the inconteStable evidence of
official misdoing, which they disclose
against other high officials. Why did
you proceed on a weak case against
humble private citizens, when before
you drew these bills you were in the
dark as to them, while like the light
from the midday sun they point uner-
ringly to the corruption or the GRIM
inal negligence of officers in the reve-
nue. department?
Then changing his line of argument
the speaker said that the reason the
district attorney had not indicted these
higher citizens, was because, being
an honest, faithful official himself, he
knew he had no case against the other
officials that would hold water, and
the jury had a right to infer that Hol-
| ton was an honest officer and II the
glaring case against the officials which
the record showed was not sufficient
| to Justify their Indictment, how in the
name of God could they be~expected
| to convict defendants, indicted on such
/ fiimsy pretense?
No Question of Frauds.
There was no question of fraud; the
| trouble was the government had gone
after them in the wrong direction.
| Those clips on the stamps showed
] fraud but they made out a prima
| facie case against government officers
not against defendants on trial. If
the district attorney did not think
| there was guilt HIGHER UP, as an
| honest prosecuting officer, he had no
| business prosecuting or prosecuting
| humble private citizens lower down.
| If evidence was not strong enough
against the officers it wasn't strong
enough against defendants. The case
| against defendants had been built up,
! day by day since the trial began, as
| evidenced by witnesses having been
summoned by telegraph almost every
n.y. Was that fair, when evidence
against officials had been standing on
those records for six months and
none of them indicted or dismissed
| from office.
Speaking of the claim by the pros
ecution that B. F. Sprinkle. used his
| young son and his brother, H. c..
| Sprinkle, as figure heads, as nominal
managers and owners OF the various
establishments West and South, Mr..
Mott said that it was inconceivable
| that a father would put the fruit of
| his own loins between him and dan
! ger; that even the rattlesnake would
| protect it's young, and the beasts of
| the field die in their defence" Mr.
Holton and Mr.. Price may think that
| a characteristic of North Carolina
| manhood but as for me, che dramati
| cally exclaimed" / would let this case
| go to hell before / would admit it, or
| charge it,
| District Attorney Holton's argument
comes next and the case will be closed
| by Judge w. p. Bynum for the de-
fence.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04
Piano Recital Last Night.

The piano recital at the Baptist Fe-
male University last night was great
success from every standpoint. Those
who took part were: Miss Sadie Eliz-
abeth Lambert, of Chase City, Va. f;
Miss Alice Alberta Harris. of Wades-
Vile: Mrs. Grace BATHS Brown, of Raj
eigh Miss Eva Eloise Smith, of Tim
monsville, S. c.; Miss Florida Taylor
Avera, of Rocky Mount; Miss Mary
Elizabeth Futrell, of Scotland Neck;
Miss Edith Brown SWiceWood, of
MOckSVille.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04
Restraining Order.

Judge Purneu yesterday issued an
order restraining l.. b. Williams, the
receiver OF the CAPITAL CITY Printing
Company, from selling airy of the
property till further order of the
court. The order is the result OF
petition by the bondsmen, John Ward,
r. r. Ward Hart-Ward Hardware
Co. Lumsden BrC1.. T. NJ. Jordan and
G. w. NeWcombe.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04
DUE TO A ..FLAIiE BACK"
Officers and Crew of the Missouri
Commended for Bravery.
fRv die Associated Press.

Washington, May 2.-That no fur
Their proceedings be taken is the re-
commentator of the court of inquiry
appointed to investigate the explosion
in the after turret of the Missouri on
April 2. The court finds the explosion
was due to flare back caused by
inexplicable combination of oxygen
with certain usually latent gases in
smokeless powder. The officers and
crew of the Missouri not only are re-
lieved from all responsibility for the
accident, but are warmly commended
for the bravery they showed after It's
occurrence in rescuing the victims
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04
Meeting at Pilot Church.

Mr.. N. B. Broughton preached last
night at the service at Pilot Baptist
church. Mr.. Broughton's subject was
1.-The Testing Time of Life Great
interest was manifested by all present
The pastor announced last night
that he hopes to secure the services
of Rev. Edmonson, upon his return to
the city today.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04
Musical at Raney Library.

The musical at the Olivia Raney
Library last night was greatly enjoyed
by "a good audience. Mrs. Gilmore
Ward Bryant of the Durham Conser-
vatory of Music. was very warmly well
coined The others who took part in
the program, and whose splendid
work was fully appreciated, were Miss
Battle, Miss Evelyn Fleming, Mrs.
Chas. McKimmon, Miss Butler, Miss
Jones, Miss Fannie Johnson.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04
\ Place of Beauty.

The Marlborough House in every de-
partment is becoming a place of
beauty. The latest is the equipment OF
Otey'S barber shop. 1t has been fur
nshed with the handsomest fixtures,
mirrors, and oak cases. 1t is now by
all odds the most beautiful barber
shop in North Carolina, and a credit
to the capital city.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04
Phi Delta Picnic.

Hiss Hull, of the faculty Of st.
Mary's School, yesterday gave a pic
mic to the members of the Phi Delta
Society at st. Marys. The picnickers
went out to fuckers pond, where u
delightful day was spent.
Miss Hull chaperoned the party and
her guests included Miss Dora Mac
Rae, of Chapel Hill, and Misses Stur-
geon, Weaver, Tilton Thomas, Slo-
cumb, Brown, Spruill, Winston, Gift
ford and Margaret Conner.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04
Among the Railroads.

The Tarboro Southerner says the
best solution of the Selma connection
fight would be for the Atlantic Coast
Line to extend the SprilSnoDe branch
to Raleigh.
The Richmond papers think ttia
Virginia's delegates at large to ne "a
tional convention will be Senator'S
Daniel and Martin, Governor Mon
tague, AMI lion. a. '. R;aXtoE.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04
"ppohIemS for Parents"

Prof T.. L. Middleton, of the Cary
High School, spoke on Sunday at the
Fayetteville Street Baptist church on
Problems for Parents" The occasion
was a Sunday school rally day. The
fact that the register went up to III
tells the story of big attendance
There was excellent music and it was
a very successful day altogether.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04
Death at Ikinston.

Especial to the News and Observer.)
Kinston, n. c., May Mrs. G. Al
phin died at her residence on East
Caswell street Saturday night of pneu-
monia, after an illness of about a
month, and the remains were inferred
in the cemetery yesterday afternoon
at six o'clock. Mrs. Alphin was the
wife of Mr.. Christopher Alphin. by
whom she is survived Also several
children survive her.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04
aged SiXtY-cigl

She leaves besides her devoted nus
band seven children to mourn her
loss. The funeral took place yester-
day afternoon at half-past three
O'Clock at the residence. Verify
good woman has gone from labor to
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04
STATE NEWS.

Asheboro, n. c., May Steam vii
be turned on at the new wheeloarro
factory today. The Asheboro Chali
COMPANY will begin operations in Z
very few DAYS. The bobbin factory is
about ready for business. Quite
number of nice residences and cot
tages are in course of construction
now.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04

There is no better soil for straw
berries and other truck anywhere.
strawberries were shipped from here
this week nine berries completely COW
erlng top of the cups.-Burgaw
Chronicle.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04

Elizabeth City, NJ c., May Sine
ministers here are Leading llSnl
against the Sunday trains here. AS
the schedule of these trains on the
Suffolk and Carolina road is now ar
ranged the merchants of this city do
not care if it is terminated, for they
claim that it is a point of vantage to
Suffolk and Norfolk and detriment
to Elizabeth City.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04
Fine Tomatoes,

The finest tomatoes of the year
graced the desk of the News and OBJ
server office yesterday the gift of Mr..
j. L. O'Quinn & Co. They have over
one thousand vines in their green
houses and will begin to gather them
by the bushel within q few days.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04

Coughs and colds, down to the very
borderland of consumption, yield to
the soothing, healing influences of DR..
Woods Norway Pine syrup.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04

Is it q burn? Use Dr. Thomas
Electric Oil. A cut? Use DIR. Thomas
Electric Oil. AT your druggists.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04

1t is rumored and comes pretty
straight that the Coast Line Railroad
will be extended from Gibson to Ham
let, ana perhaps to Rockingham this
year.-Rockingham Angles Saxon.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04

Only one remedy in the world that
will at once stop itchiness of the skin
in any part of the body; Doan's ONT
ment. At any drug store, so cents.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04

Burdock Blood Bitters cures it,
permanently. Regulates and
tones the stomach.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04

Tell your grocer to send you Blue
Ribbon vanilla extract. You'll be
more than pleased.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04
Death of Mrs. Gordon.

News was received here yesterday of
the death near Millbrook on saturday
of Mrs. Annie Gordon, VIE or Alfred
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04

For sore throat use Gowan's Pneumonia
Cure external.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04
NOTION DEPARTMENT.

Fans, g. 10 Is, 23c.
Rat combs, Toe, lac.
Nail brushes, 10c.
Tooth and shaving brushes, 8, 5,
0, 15c.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04
HARDWARE DEPARTMENT.

Ice cream freezes, to s quarts.
Screen doors, S5c., S1.00, $1.13.
Screen windows 23c., csc.
Oil stoves, one burner, 40c.
Round oil stoves, two burners, soc.
Bird cages, Csc, 75c., soc.
Window glass.
Mechanics tools.
Builders hardware.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04
UNDERWEAR DEPARTMENT.

Gents Balbriggan and colors, 25c.,
Acc
Ladies' vests, 5, 10, II. 15c.
Ladies ribbed pants, 1Sc.
Corset covers, knit, 15c.
Lace hose, 10, IL, Is, 25n.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04
JAPANESE PORCH SHADES
} feet, Use; SKIS feet, Csc.
SHOE DEPARTMENT.

Just received a line Of all solid
misses shoes and oxfords. Nice goods.
Sizes, II. IL to 2, $1.00.
Sizes, g 1-2 to II, S5c.
Sizes, to s. &C.
Child's barefoot sandals, soc.
Special mems vici, $3.50.
Special boys vici, $3.50.
Boys patent leather, $1.10, $40.
$1.75
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04
NGISCELANEC

quart fountain syringes, 55c.
Large sponges, sc.
Hammocks. 95c., $1.60, $2.10, $3.50
Lawn swings, $4.00.
Shall croquet set, $1.10.
Sterescopes, Csc, soc.
Views for above, &c. each.
Table tumblers, lie set.
Mosquito netting, &C. yard.
Call or write.
Your money back if you want it.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-04
Crinklcy'S
Cash Department
Store
326 10 332 Fayetteville Street.
RALEIGH, N. c.

OVER THIRTY DEPARTMENTS.
MAY DAY NOTES.
After a prolonged winter the spring
has at last come We are headquart-
ers fer all Kinds of hot weather goods.
FARM GOODS.
Grass blades, csc, $1.15.
Farm hoes, rakes, shovels. forks,
chains, ploWs, cultivators, harness,
etc.
Buggy harness, $500, 1925, $3.50,
$500.
Saddles, $195, $3.50, $500, $3.50.
Brides. soc, roc, 95c., $1.25.
JAPANESE PORCH SHADES.
The oasis., 1904-10-29
q Marrow Escape.

Saturday evening Miss Daniels, the school teacher in the Santa Cruz district, and the two little girls of Mir. and Mrs. James Har- rison had a very narrow escape from death by lightning, while re- turning home to Rancho Bellotal from visit in Nogales. They were passing down Proto canon, and were near the valley of the river, close to the mouth of the calion, during the storm of Saturday evening. A bolt of lightning struck the ground about fifty yards ahead of them, stunning for an instant Miss Daniels, and throwing the smaller one of the little girls out Of the buggy The horse was also stunned. Miss Daniels quickly recovered from the shock, and noted that the horse was drawn mp in sort of stnpor; but he respond ed to her command to move. But a moment later she heard the child, whom she had not missed, crying out, and, looking back saw the lit- tie one lying in the mud beside the road Of course she was gathered up and taken into the buggy. The shock had thrown the little one clean over the wheel and onto the ground, doing no harm however. The other little one, who was seat ed in the middle, did not feel the shock.
The oasis., 1904-10-29

line Rider Cyrus Nafslellar was in town from Douglas thia week Co attend fhc marriage of bis sister WcduesdIy evening
 "The American Gentleman" the finest and handsomest shoe for gentIemen's wear, at the Red House, Ramon Vasquez. *
 The sheehy trial, at Tucson, ended in a veredict of guilty, and Tuesday sentence of nine years was pronounced.
 j. H. Henley general manager of the Havs Consolidated was in from Sonora last Saturday on bus mess for his company.
 Monday evening MT. w. J Neu- man, the photographer, with his little daughter Lucille, returned from their visit in the east.
 "The American Lady," the most elegant and stylish shoe made Sold only at the Red House, Ramon Vasquez.
The oasis., 1904-10-29
N0GALES NOTES.
Interesting Items Gathered Around
 the Line Cities.

LIT. Bristol, Dentist, Marsh Bldg Ted Healey visited Sonora points this week on business trip.
 The Postal Typewriter, $27 .00. F. 4. Athearn. 5t.
 Thursday and yesterday Clem McNair of La Colorado, was at No gales.
 Try Barnes cakes, cookies, doughnuts and pies. They are the best yet.
 Mir. and Mrs. s. L. Parks of Pa tagonia, was in Nogales Wednes- day.
 Thursday morning Doctor Ray Ferguson went to Tucson, return ing at evening.
 Jesse K. Smith of the custom service spent several days here on official business.
 Attorney W. P. Savage of Pata- mia spent Thursday visiting Nogo- gales on legal matters.
 John Malouey returned home Thursday night from n several days visit in the Santa Ritas.
 Good single rooms, furnished, for rent cheap. Eligible and cen- tral location. Apply at THE OASIS office. If.
 Miss Jessup will sing at the en. tertainment at the Nogales opera house, Friday evening, November 4th.
 Gents and boys clothing and underwear, stylish, cheap and dur. able at the Red House, Ramon Vasquez.
 W. H. Barnett came in from Pa tagonia Thursday to attend the re. publican rally held that evening ir Armory Hall.
 All trains stop at Carbo for meals Depot Hotel, W. $. Thompson, pro prietor. Table supplied with the best the market affords.
The oasis., 1904-10-29


 Mrs. Marsh will contribute a brilliant musical number to the musical entertainment next Fri- day evening.
 Wells Fargo agent w. K. Over ton and wife are expected to arrive in Nogales shortly from a visit at St. Louis and other Eastern cities.
 For good, substantial service wear Hamilton, Brown k Co.'s Patrol Shoe" sold at inc Red House, Ra- mon Vasquez.
 Thursday Jake Linder IT,, was down from Benson. He was look ing well, but reported that his mothers health is rot the best.
 Mrs. Kingsley will sing a solo at the St. Andrews church enter tainment, at the Nogales opera house Friday evening November 4th.
 Sunday night Marshall P Wright, the prominent Sonora mine oper- ator, was at Nogales returning to Hermosillo from a business visit in California.
 Monday the members of the First Cavalry Troop who attended the September encampmentat Fort Whipple received their pay cheks from Phenix
 THE OASIS office has just com 1 pleted printing a large supply of custom house forms of all sizes which are for sale in quantities to suit. Don't fail to attend the musical entertainment at the Nogales opera house, Friday evening, Nov ember 4th, for benefit of ~i, An drews Episcopal Church.
 James Heating, Joe Spargar and Hayden Pendergrass, of Patagonia, have taken a contract to run q tun- nel 250 feet upon one of the prop critics of the Happy Jack Mining Co.
 Dr. s. G. E. Rutherford who underwent an operation in Los Angeles ten days ago is getting along nicely and will probably re turn to Nogales during the coming week.
 Advance agents of Morris x Rowes circus, which appears here one week from today, spent several days during the present week in Sonora. billing the important cities, where they will show after leaving | Nogales.
 Thursday morning Major Her. rera, Receiver of the International Bank, started East on important 4 business matters. He expects to return to Nogales about the mid dle of November and will be ac- companied by Mrs. Herrera and daughter
The oasis., 1904-10-29
Metal Quotations.

Following are the market quota tations on metals for today. Copper { k. Cathoae) ID l3s o l34 Lead, per 100 lbs. 430 Silver, per oz., 5Sg cts.
 Pesos. Bullion value 454 Mex. Dol. (local) 46-2.l5 American Dollars 2.15 Mexico City Exchange 21S
The oasis., 1904-10-29
COFFEE

Good coffee, good morning. Good morning, good day. Good day, good night. Good night, good morning. Your grocer returns your money if you don't like schillings Best.
The oasis., 1904-10-29

Mrs. Marsh will contribute a brilliant musical number to the musical entertainment next Fri day evening.