davidaulloa/AmericanStories huggingface dataset:
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-10
WILL NOT SET
ASIDE VERDICT
Judge Brown on the Sell
ma Case.
SIM MONS ARGU M ENT
Judgment Will be Rendered Upon the
Power of Commission to Order
Extra Train Probably at End
of Week. Question of
Grave Importance.

Judge George II. Brown yesterday
morning in Superior court overruled
the motion of the Atlantic Coast Line
railroad to set aside the verdict of the
jury in the Selma connection case.
|, H stated that the findings of the
jury were fully supported by evidence;
that as to the eighth issue, the evil
dence was Overwhelming that the Sell
ma connection was very convenient
and important one to certain section
of North Carolina, and that this was
his own view from personal knowledge
and experience.
Judge Brown stated that he had
grave doubts as to whether the Cen
eral assembly had conferred upon the
Corporation Commission the power to
order an extra train to be put on to
connect with another roads schedule,
and that he would carefully invesu-
gate that question during this week.
While his judgment of course would
not be final he desired to decide the
question according to law, if possible,
and he reserved his decision on that
| point, which was of grave Importance.
Mr.. Simms Argument.
Before Judge Brown made the above
announcement, Mr.. r. n. Simms, Of
| this city, concluded the argument On
the legal questions brought Up by The
| jury's verdict regarding the powers Of
/ the Corporation Commission. Mr.
| Simms is of counsel for the Atlantic
| Coast Line in this case, and argued ON
all three of the motions made by the
road on Saturday, first for judgement
under the verdict, second for Judg-
ment notwithstanding the verdict, and
| third to set aside the verdict.
| fn "a
cited by Hon. f. A. Woodard, of Vii
son, on Saturday, and referred briefly
| to those parts of the evidence that
| bore on the motions to set aside some
| of the findings of the jury. He ;oh-
| tended that the Code, section 1897,
subsection 8, which provides that the
railroads shall have the right to regu-
! late the time and manner in whicn
| passengers and property should be
| transported, was not repealed by the
Act of 1891 which created the Corpor
alton Commission. He argued thg,t the
! section of the Cod was not repealed in
/ express terms, and that it ought not
to be held to repealed by implica-
| ton, for the reason that the law does
not favor the doctrine of repeating
| legislative acts by implication, and
| that it is never held to be done eX-
cept whre the statutes are contradic-
tory or irreconcilable, or both of them
| purport to cover entirely the same
| subject matter.
Mr. Simms argued that such was
not the case with these two statutes,
and that the act which created the
| Corporation Commission is a penal
| statute, and consequently will be
] strictly construed. Hence, since it
does not in terms repeal the Code sec
ton referred to and is irreconcilable
with the said section of the Code, it
will not be construed to have repealed
| that section by implication.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-10
INVESTIGATE HERE
"A. & N. C. Railroad Af-
fairs in Raleigh.
The Committee Will Begin its SittIngs
Here To-day and Will Take
the Testimony of Sew
eral Parties.

The Investigating committee ap-
pointed by Governor Aycock, to LOOK
into the affairs of the A. and y. c.
G. Railroad will be in session here to
day. The meetings will not be pub
iic.
Messrs Henry A. Page, of Aberdee1,
and W. Il. Lee, of WayneSVille, with
Mr. r. T. Gray, of Raleigh, compose
that committee, and with 1T is acting
Messrs. B. w. Ballard, of Franklin
ton, and b. c. Beckwith, of Raleigh,
members of the Board of Internal Inn
proyement. All these gentlemen are
in the city.
only one piece of information will
they give out, and this is that there
are several gentlemen in Raleigh
whom they desire to have before the
committee and that these will go be-
fore it today to give such information
as they possess. Some of these gen
tlemen are said to have notified the
committee that they desire to appear
before it, with reference to certain
statements which have been matter
of rumor concerning them
Earle Turner, the manager of the
Atlantic Hotel last summer is under
stood to be wanted by the committee
but he was not put in an appearance
Ii is said also in this connection that
both the Cuyler crowd, succeeding the
Niece Finch fiasco, are looking for
Turner, an that the officials of the A.
an n. c. Railroa are also looking 1or
him. According to tne rumors last
night he has simply 5lippe into space
an cant be found.
The members o. the committee las'
night had not settled lpon a pace a'
which they would meet. 1t was sug-
gested by one that they might meet
| i'm the office of Mr.. =. Y. Tray lbs
Senate chamber was also suggested
/ but no definite selection had been
made last night.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-10

pletely in the dark as to what is hap
pening in the territory occupied by
the enemy, except such news as comes
from the newspapers abroad and orig
mating from Japanese sources. The
report of a Japanese landing at Taku
Shan and the investment of Port Dali
ny, etc, vile not confirmed here Off
cially are not denied.
The Novoe Nremya of this morning
is greatly excited over the action of
the Swedish authorities in mining the
entrance of the harbor of Site, on the
island of Gothland, in the Baltic sea,
defanding that the foreign officers as
certain the cause, seemingly forgetting
that Site was occupied as a base by
the British fleet operating against st.
Petersburg at the time of the Crimean
war.
Viceroy AleKieff refuses to receive
any more foreign war correspondents.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-10
Russians Carried OFF.
(BY the Associ;

(By the Associated Press)
Toxic, May 9--Last Friday af-
ter sharp cavalry slxirmishes at Erh-
taitsu, Santaisu. and other places, a
detachment of infantry belonging to
Gen. Kuroki's army took Feng Wang
'Cheng.
The Russians before retiring ex-
ploded the magazine, but left large
quantities of hospital stores, which are
being used by the Japanese hospitals.
Refugees from the woods and small
villages constantly are surrendering.
The Russians buried many of their
dead.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-10
SUPERIOR COURT OPENS.
Receivers $4,000 Damagcs-Sian and
Woman Haunting" Vacant House
lSnecial to News and Observer)

Especial to News and Observer
Greensboro, n. c., May 9.-Superlor
court opened here this morning Tor
one weeks term for the trial of Grim
inal cases only. Judge Fred Moore
exchanged Nash court this week win
Judge Cooke. He arrived last hlSlt
and had the court opened promptly
at 10 o'clock. His charge to the grand
Jury was short but comprehensive ana
instructive. Solicitor Brooks being
absent the docket will be prosecuted
by his law partner, Col. w. 5. Thomp-
son. There are fifty-eight jail cases
for trial and 17S cases in all on the
docket The most serious crimes are
one case against Dan Turnage for pur-
glary, Luther Holder for seduction,
Fred Mcleod for embezzlement, and
Earle Sharpe for highway robbery.
There is a new crop of jail cases for
beating trains
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-10
Reinforcements for Kuropatl<in.

st. Petersburg. May 9.--7:44 p. m.
The reinforcements prepared TOR Cen
eral Kuropatkin are being hurried.
The last stage of the mobilizing of the
Tenth and Seventeenth Army corps
has been signaized by the calling out
of the reserves in the Moscow and
Kbarkoff provinces. They will go to
the front, thus placing another 100,
600 men at Kuropatkin's disposal. The
announcement of the mobilization OF
four army corps along the Volga
which will follow in July or August
is expected next month.
The Russian authorities are COM
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-10
THE coI-ToN MANUFACTURERS.
OFF 10 Attend the Convention Which
Meets i'm Washington.
(special to News and Observer.

Charlotte, ~ c., May "a large
number of cotton manufacturers and
others interested in the trade will
leave Charlotte tonight for Washing
ton to attend the annual convention or
the American Cotton Manufacturers
association. The convention proper
will not meet until "Wednesday morn :
ing. but meeting of the board or
governors has been called for tomor-
row afternoon when several impor-
tant matters will be discussed. The
convention will meet at the Arlington
MOTEL and will be in session Wednes-
day and Thursday. A number of ad-
dresses on timely topics will be deliv-
cred by experts. A feature will be
the annual address of President w.
G. Heath, of Monroe Mr. r. NJ Mil
Ter. Jr., president and treasurer of
the Elizabeth mills of Charlotte will
deliver an address on "Fine Cotton
yarns Thursday afternoon the men,
bers of the association and visitors
to the convention will meet President
Roosevelt. In the East room of the
White House.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-10
Colonial Danes Pilgrimage.

Wilmington, n. c., May Especially
The North Carolina Society of
Colonial Danes will go for their an
nual Pilgrimage to St Philips church
at old Brunswick. on the Cape Fear
river, on Friday of this week. The
society has undertaken to preserve
the ruins of the old church as a CO.
loniaI heritage to their descendants
Captain Ashe, the memorial day ora
tor. Will remain in Wilmington and
deliver a brief address upon the oc-
cason of the pilgrimage, giving a re-
view of Colonial Days around Will
mington and Old Brunswick Lunch
con viii be served on the grounds by
the Colonial Danes.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-10
Evacuation of New Chwang Continue.
(Bv the Associated Press !

Shan-Hai-Kwan, May $3.50 D. M
The evacuation of New Chwang
continues. The Russian authorities
have promised to retain sufficient
rear guard to prevent piIlaging by the
Chinese bandits who are in the vi
cinity and awaiting an opportunity to
get into the city Nothing further
has been heard of the Japanese trans
norts. which were seen recently near
kaichau.
The Russians are communicating
cattle on the west side of the Liao
river. and the Chinese are indignant
at this procedure. Eight hundred
head of cattle have been seen at Rim
Kow.
The connections with the mines at
New ChWang has not been removed.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-10
CAPTAIN ASHE THE ORATOR.
Program of the Memorial Day EX
erciscs at Wilmington.

Especial to News and Observer.)
Wilmington, y. c., May 9.-Ar-
rangementS are complete for a very
appropriate observance of Coufeder-
ate Memorial Day in this city tomor-
row. under the auspices of Cape Fear
Chapter, Daughters of the Confed-
eracy. In the morning the Daugh-
ters will assemble in Oakdale ceme-
terry and lay upon the grave of each
of the Confederate dead buried there,
a handsome laurel wreath and in the
afternoon the formal exercises will
take place. There will be a process
sion of veterans, military and members
of the United Daughters of the Con-
federacy, from the lodge in the ceme-
terry to the enclosure of the beautiful
Confederate monument erected upon
an elevation overlooking the entrance
to the beautiful grounds, and there in
story and song the memory of the
South's heroes will be honored. The
orator of the day will be Capt. Samuel
A. Ashe, of Raleigh, who will have for
his subject, 1.-The Cruise of the
Shenandoah" The Shenandoah was
the vessel of the Confederate fleet,
commanded by Captain Waddell,
which did not surrender until six
months after Appomattox. Captain
Ashe is one of the most gifted histori-
ais dllu cIOtIucill 'opSethSio VI tiiN
State and will be heard by an i'm
menSe gathering.
Shipments of Berries.
The strawberry season in Eastern
Carolina is now at it's height, and one
can conceive of no more active places
of industry in the United States than
the several points along the w. G W..
w, G. e, A. and A. q Y. railroads,
where strawberries are grown. About
| 100 solid refrigerator cars of the fruit
are going forward daily from the sew
eral& sections, and prices the past
week were very satisfactory, ranging
| from 10 to IS cents. During the first
| ten DAYS of the season ended yeSter-
| day, official reports show that 65S
solid cars of 500 crates each and 49,
O6S crates by express have passed
! through the re-icing station at South
Rocky Mount. An idea of the enor-
mousness of the industry may be gain
ed when it is stated that those ship
mentS amount to 211,06S crates OF
seven million, eight hundred and eighty
three quarts. At the low average OF
ter cents per quart, the gross value
of these shipments for ten days only
have brought to this section nearly
SSOO,G00. All passenger trains now
entering Wilmington are delayed from
one to two hours on account of having
TO sidetrack up the roads for the Ions
trains of solid cars being rushed
through to the Northern markets.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-10
ALLEGED CONSPIRACY CASE
The Southern Compromises "a Damage
Suit, Paying $4,000.
(Spccial to News and Obs

IL
Salisbury n. c., May 9.-Rowan Su-
pcrior court convened here this morn
ing, Judge M. H. Justice presiding
1t is learned that this was the regu-
lar time for Judge Oliver II. Allen to
hold court but that an exchange of
dates was made in order to give Judge
Justice an opportunity to visit Rowan
as he had never been to this place in
his judicial capacity. The most inn
portant case to be heard at the pres
ent term of court is the State against
Van Pelt. Jenkins. Shuman, Henry
and others for conspiracy. Several
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-10
4 VERY LAME AFFAIR.
Repub.ican Convention of Franklin
If Judge TimberlaI>e Comes
Twill be as IA Private.
- News and Observer.

Especial to News and Observer
IInisburg. n. c.. May 9.-The Re
publicans held county convention
here today for the purpose OF appoint
ing delegates to the State ana con-
pressional conventions. Ihere were
about fifty present mere was no :,
enoocb making and it was a quiet and
lame affair. Ex-Judge Timberlake
was an ions to go as a delegate to the
state convention, but there wah con-
siderable Imposition. After much
wrangling his name was withdrawn
a9d if he attends the convention he
will have to do SO as private.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-10
EXPECTING A HUNG JURY.
The Case of the Alleged Madison Coun-
ty Murderers.
Especial to News and Observer.

Especial to News and Observer.)
Asheville, n c., May 9.-The trial
of the alleged Madison county murder
ers, Gus and John Murray and John
Rice, was concluded in the Superior
court this afternoon and the case
given to the jury at 5:45. The jury
has now been out at this hour, S:45,
three hours and has not yet reached a
verdict. It is the opinion of many that
the jury is hung and that the result
will be q miStrial
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-10
w. T.. MOODY ELECTED.

The Raleigh Light infantry met to-
night in their armory to elect a sue
cessor to Capt. w. j. Moore, resigned.
Capt w. F. Moody was unanimously
elected. II is chief clerk in the State
Treasurer's office and an officer of
ability, having been commanding off,
Ger of the Charlotte Light artillery.
The present officers of this company
are: Captain, w. f. Moody; FIRST Lieu
tenant, G. c.. Bunch; Second I.ieuJen-
ant, Clarence Howell.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-10
Little Coal at Port Arthur.
(By the Associated Press. }

Shan Hal kwan, May "a mer
chant here who is in a position to have
trustworthy information, has inform
ed a correspondent of the Associated
Press that at Port Arthur there is only
coal sufficient to last the warships for
six weeks, and that the food supply
there will feed eight thousand men
for. three months only.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-10
Russians on a Raid.
(By the Associated Press. }

seoul May 9-(Noon. )-The Japa-
nese Consul at Gen San telegraphs
that a force of Russians, number un-
known, accompanied by Manchurian
mounted bandits, crossed the Yalu far
above Wiju, advanced southeast, and
occupied Chang-Jin, 100 miles west of
Song-iJn, May 5.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-10
Islcy'S Close Call.

Lawrence Isley, of Burlington, who
at one time clerked for a dry goods
store here, had a close call for his life
Yesterday. He was beating his way on
the blind baggage of No. 81, the spe-
cial fast mail from Danville. APP
preaching Greensboro, when near Ser
geant's foundry and the train was
moving with the speed of the wind,
the daring train beater, fearing arrest
at the station, leaped from his perch
on the blind baggage to the ground
When he was picked up only one leg
was broken a shoulder diSlocated and
a small confusion on his head. Within
an hour LSley had not only regalned
consciousness, but the physicians ia :.
put his leg in sp1ints, his sholldar 'n
bandages and his head in sticking
plaster and he was taken in a cot in
the police patrol wagon in charge m
friends and policemen, to boarding
house. where every att 4afiOn is BENG
given him.
Reuben Robbins, negro brakeman,
who sued the Southern Railway for
$4,000 damages for injuries received
in a wreck at all Creek, Va, and VINO
recovered judgment in the Federal
court here three weeks ago for $4,000.
was paid the amount in full Saturday
His attorney, Col. John A. Barringer
says the man danced with Joy when
the money was actually turned over to
him through the railways attorneys,
Messrs. King & Kimball.
a Great Revival.
The Sam Jones' Stuart revival meet
ing going on here for the past week
continues to excite great interest and
draw great audiences. Yesterday af-
ternoon there was a special service for
men at the warehouse, where Mr.
Jones preached, and at West Market
Street Methodist church for women,
with Mr.. Stuart as the preacher. Both
auditoriums were packed. In the Ban
ner warehouse there was probably the
largest gathering of men ever as
sembled at one time in North Caro-
lima at a religious service, it being es-
timated that five thousand were pres
emf. AT the close of the sermon, when
Rev. Sam asked all those who were
willing to resolve to lead better life,
quit cusSin' drinking, dancing, ganb-
ling. ct id omnes genus, TO stand up
fu1Iv four thousand men arose. AT one
point i'm his sermon, when he stated
that the decree had gone forth in
North Carolina that saloons, whiskey-
sellers. and diSpensaries mad to git
there was considerable applause and
clappinC of hands. He jumped on the
CITY government about the number of
leWd women here, saying that since
Durham and Danville had run out sa-
looms the bad women of those towns
had found it necessary to leave with
the passing of whiskey selling, and he
understood the last one of them had
found a safe and profitable retreat in
Greensboro. Many prominent people
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-10
Only Small Force of Russians There.
(By the Associated Press.)

(By the ASSOCIATED Press.)
Chefoo May 9.--11 p. MA letter
received here from New Chwang says
the Russians are maintaining only "a
small force at that place.
Chinese carts are not allowed to
leave New Chwang as they are want
ed for use in the removal of Russian
effects.
The expectation from New Chwang
of bean cakes and other produce is
not restricted and a number of steam
ships are going there for cargoes.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-10
THE PRIMARIES IN UNION.
Glenn Lcads-Ro2ers Favcrite for
CornoratiOn Commissioner.
News and Observer

= ISUNCIdI % -1.
Monroe N. c. May 9.--As result
of Sat,ind,vs primaries in Union coun-
-, 90 ~, ,te.ocincts having been heard
f,or, ,''i ovcent two, the vote for Glenn
stands at sf4: for Stedman, 175, and
Tnrnor 1tr'r,u5 " s5, while Davidson got 2. |
am MN unable as yet to get the correct
eouoraIIv gore aTr conceded that Rogers will
ssel, s'eil1i sa 10y Scornoration Commissioner.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-10
Reauisition on Virginia.

Governor Aycock yesterday evening
issued a requisition upon Governor
Montague, of Virginia, for Herbert
gurpin, alias Hubbard Turpin, who is
charged with breaking into and enter
ing the store house of w d. Finn at
Spray, Rockingham county, on Feb
ruary 18th, for the purpose of rob
berry. Deputy Sheriff Harden Eanes,
of Rockingham county, is extradition
agent. He left with the papers for
Richmond last night.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-10
To Remain at LiaO Yong.
CRu thn Associated Press.l

(By the Associated Press.)
ST. Petersburg, May 81 p. NIT
is officially announced that General
Kuropatkin's headquarters will re-
main at Liao Yang. He has no inten-
ton, at least for the present, of re-
tiring from his position there.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-10

Batteries: Wake Forest, Edwards
and King; A. & M, Shannonhouse and
BrockWell.
Summary: Earned runs, A. & M. s.:
Wake Forest /: two base hits. Brock
well and Shannonhouse; three base
hits, Hadley CD; base on balls off
Shannonhouse 2, off Edwards /:
struck out by Shannonhouse Z, by Ed
wards q; left on bases, A. & M. s..
Wake Forest 6; first base on errors. A.
q M, a, Wake Forest 2; hit by pitched
ball, Shannonhouse 1; umpire, Mr..
Perrin Busbee.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-10
II i. L. /. Endorse stedman.

Favetteville, n. G.. May 9.-The
IndepenSdemnt MT ioI Light 9tdn indan-
try tonight endorsed major ,iatora , Stgaman pntE,
for Governor. ne - q ed ~ ''ii A'e'iiel
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-10

Girls, don't marry handsome man
unless you are we'll up in the art OF
of chasing soiled linen UP and down q
WaShbOard.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-10

one-ba,f Of the world doesn't seem
y omeriarh whether the other half lives
or not.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-10

After man leaves the marriage al
tar it's a case of boss or be bossed.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-10
Leads all North Carolina Daies i'm News and Circulation

rom near by towns and from the
country are coming every day to hear
the celebrated reviValists. In spite of
the large audiences, at the services
yesterday which were held as usual Ill
the First Baptist the Episcopal and
the Catholic churches there were large
congregations.
Indiana tribuÌˆne. (Indianapolis, Ind.) 1878-1907, 1904-05-14
8eteraI &ttrppatftmS Sar9.

Mie Elm engltf9es glatt fih aus
petersburg beri4ten ldBt, furiirt in
@ibirten gegenndrtig elm 9erii9t. bas
eroBe NiebergeI9lagenbeit unter ben
neu berufenen &eferDetruppen berborz
ruff. Sas 9erii9t befagt, bab 9ez
neral &uropatttn etnen Sarg nit ii9
in ben fernen Often genpmmen babe,
ba er iiber5eugt lei, baB er ME mad
&uBlanb 3uriidfebren nerbe. Wdbrenb
Der S3ug bes Generals in petrppatp=
lopsf belt, bemerfte Elm @olbat in
benz @epddtpagen cine lGn9li9e Site
nit elmer Mefiingpldtte barauf, uro
pie er ft9er bebauptete, na9bem Der
Bug abgelahen tpDrben NOR, trug tie
ben Namen: r4lerei Ritoleieniti9
&uropattin."
0iefes tbDri9te @erii9t bat beim
rufiifden 8olf umiDmebr Glauben ge=
funben, a1s man ii9er gu pifen
elaubt, baB, als General &uropatftn,
ebe er &uBlanb berlieB, mod fem @ut
in g6olm befu9te, fetner Mutter err
flGrt 6at, tie neroe i'm ME nteber
fe6en. Sin @erii6t, bab fernep i'm
nmlauf lit, befagt, baB &~uropdtfin an
elmer unbeilbaren &ranfbeit leibet,
ndbrenb es in einem anberen beiBt,
baB er einen Srdum eebabt babe, in
benz er ii9 BON ben Sapanern 10 ber-
1timmelt gefeben bat, baB feline etge=
men 2eute tim ni9t tpiebererfdnnten
unb i'm NIT elmer Mnaabl gemeiner
@nlhdten in cine 9rube fparfer.