davidaulloa/AmericanStories huggingface dataset:
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1909-01-26
BOWLING WILL CASE SETTLED.
Effort TO Prove VIII Of Late william
Bowling Genuine Successful.


A case in the superior court
last week that attracted consid-
cradle attention was the Bowling
will case.
The issues are pretty well
known here. The testator, Cap
tain William Bowling, of Rouge
mont, left at his death an estate
of six or eight hundred acres of
land and personal property worth
something like $1,000. He was
twice married and the children
by the second marriage received
all the property. The children
by the first, contested the paper
and they went to law about it.
The case has been long in court
and its settlement was one of the
most important matters up at
this court.
The plaintiffs in this action,
were the children by the second
wife. DR.. E. H. and Mr.. B. P.
Bowling were the executors of
the estate and though the issues
determined the persons to whom
the property was to go, the plain
tiffs were the second children
whose burden was the establish
ment of the paper. 1t was ques-
toned by the defendants, who
were the real compliments, by
testimony tending to show that
when the will of Captain Bowl
ing was attested, the testator
was not present and the point
was raised there.
The issue was submitted thus:
WAS this paper purporting to
be the last will and testament,
and every part thereof, the last
will and testament of William
Bowling?" Upon that issue the
jury quickly agreed. The decis-
ion being in favor of the children
of the second wife of Captain
Bowling.
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1909-01-26
FOUR FIRE ALARMS.
Two on Saturday and Two Sunday
NlQht-LittIe Damage Results.

Two on Saturday and Two Sundd!
Night Little Damage Results.
Saturday about 1:S0 O'Clock
the fire department was called
out on account of the stables Of
Mr.. H. A. Foushe, on MoreheaC
avenue, being on fire. The eff
forts of the firemen were success
full and they saved a portion Of
the barn and prevented the fire
from spreading.
Between seven and eight
O'Clock Saturday night people
living in the southwestern part
Of the city saw a large fire out
south of the park. At first many
thought it only a brush pile, but
as the light and flames increased,
it was realized that it was
house. 1t proved to be the home
of Walter Wood, which is sit.
uated a considerable distance
from any other building. The
house and contents, with the ex.
ception Of two trunks, was de-
stroyed. A defective flue is said
to have been the cause of the
fire. The loss is complete to Mr.
Wood who lost all his household
goods.
Sunday night about 9 O'Clock
the fire alarm sounded and the
firemen responded. 1t proved t.
be a false alarm, and efforts art
being made to find the person
that turned in the alarm.
About twelve o'clock anothel
alarm was sounded and it wa,
found that the upstairs of th'
building occupied by The Peo
pies Store, just across the hal
from the Recorder Office, wa
burning, and every indication
pointed to the fact that some ont
endeavored to 5urn the building
AT this time there is no clue a.
to the guilty part. The fire wa:
discovered in time to avert ser
ious damage. but only a few mo-
ments and the entire building
and perhaps others would have
been destroyed.
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1909-01-26

/. Minnie Ferrell and Bessie
Murphy, two dusky damsels,
were before the mayor Monday
on the charge Of vagrancy and
were sent to the roads for thirty
days each. They were carried
out at once to begin serving the
sentence.
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1909-01-26
MANY QUESTIONS ARISE.
City Hall and Court House Matter
Raises Important Considerations.

The talk that has been engaged
in since the city hall was de-
stroyed regarding the combining
of the court house and the city
municipal building, has caused
many questions to arise and one
of the city aldermen, N. Under
wood, asks the following ques-
tions through the Morning Her.
aid Of the %:
Ill Under the act authoriz-
ing this bond issue can this
money be appropriated for any
other purpose than a market
house?
IT, Would it be satisfactory
to the citizens Of Durham, and
would it be legal for the city OF
Durham and the county of Dur.
ham to own their administration
building jointly? Is the present
joint ownership satisfactory
The city owning the site upon
which the present court house
stands.
(3.) Il is not law that citi.
zen Of Durham can sue the city
of Durham can he sue the coun.
ty Of Durham? Will not com.
plications arise from the joint
ownership Of a building between
the city and the county from his
source?
| merely ask these questions
as a matter Of information.
Would It not be wise to eliminate
all questions In which complica-
tions are likely to arise along
these lines?
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1909-01-26
PLANT LESS TOBACCO.
Great Deal Of Fertlllzar Being Sold
This Year.

Editor Recorder:-It strikes
me that it would be a good plan
for the tobacco farmers not to
plant a very large crops this
year. In planting too much to-
bacco, as in planting too much of
any other crop, there is danger.
Some farmers try to see how
much tobacco they can plant
every year. They are after
quantity, without thinking of any,
thing else. Better would it be
for them to go slow and be
cautious. The Southern Tobacco
Journal, of Winston, has an ar
ticle along this line, that every
tobacco farmer should read, and
we give it to your readers. 1t is
timely and sensible, and the ad-
vice contained in it worthy of
being followed. The article
reads:
I'VE are informed that a great
deal of fertilizer is being sold
this more than usual, to
the tobacco farmers. While we
do not believe anything we might
say or do to stop matters or any,
thing anyone else might say will
have any effect, yet we are going
to express our opinion, which is
this: There is great danger of
too much tobacco being planted
this year. We urge warehouse
men and tobacconists through
out the country, to impress upon
the planters with whom they
come in contact. the great dan
ger of too much planting of to-
bacco.
Remember that the world
can only use so much of the
weed annually, and as the u. S.
only produces about one-third of
the worlds production. and as
about fifty other countries of the
world. including some of the is
lands. grow tobacco. and as ex-
tensive experiments are being
made in various sections, it is a
matter of self protection that we
be cautious. Farmers are told
by many, who would. if they
had their way, destroy the to-
bacco industry, that farmers in
the West ::having received big
prices for hurley, why can not
they continue, and why can not
farmers in this section receive
the same big prices. Remember
tha. these prices were obtained
because Of the fact that farmers
in the hurley district were forced
almost at the point Of the bay
onet not to plant any tobacco
this last year. Be cautious.
H. NJ. JoRpAN.
.........
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1909-01-26

W. G. Bramham, who has
been confined to his home for
several days. Is able to be out.
The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1909-01-26
LEGISLATURE IN SESSION.
What Our Lawmakers Are Doing In
Raleigh.
OUTLINE OF WORK CLAIMS ATTENTION
Our Regular Correspondent Gives
Summary Of Most Important Nat
iers Prohibition, Trusts, Rail-
roads and Other Items.
FRIDAY, JAN. %.

roads and Other Items.
FRIDAY, JAN. %.
Unfavorable report was made
on bill introduced by Senator
Britt, of Buncombe county. af-
/ fecting Durham county.
BILLS INTRODUCED IN THE SENATE
/ By Ormond-To put Solicitors
Of the State on salaries of $500
each, instead of fees now allow
ed.
By Hankins Joint resolution
to provide more adequate post
Office facilities for the General
Assemble.
By Memorial from
North Carolina Library Associa-
ton for erection Of fire proof
State library building.
By Hankins- Memorial from
North Carolina Society of Daugh-
tiers Of Revolution relative to the
erection of a freproof library
building.
By Barringer-To fix the privi-
leges Of owners of mileage
books.
The following bills were in
troduced in the House:
j By Poole-To amend Section
1864 of the Revisal. relative to
punishment for seduction. so
that there can be punishment
even after marriage in the event
that there is desertion within FIVE
years after marriage. By same ~
q To amend Section Sill, of the
Reyisal, relative to the inheri-
tance tax.
By Cox, of Wake-Joint resolu-
tion to pay the expenses Of the
inaugural committee. By same
To make the salary of the As
sistant Supreme Court Librarian
$50 instead of SIS per month.
By Currie e-To amend Section
81 of the Revisal, and abolish
the crop pest commission. put
ting its duties in the hands Of
the State Board of Agriculture.
BY Same-To regulate the sale
of concentrated feed stuffs. By
same-To regulate the sale Of
continental stock foods and
medicinal powders for live stock.
i By Gordon To validate deeds
and instruments heretofore exc
cuted BY corporations.
BY Underwood To amend Sec-
! tion 2235 Of the Revisal, so as to
allow three days Of grace on
bills payable at sight.
BY Connor fix liability Of
banks to depositors for forged or
raised checks. Depositor must
notify the bank within three
months Of receiving the cancelled
check. BY same-To punish
derogatory statements concern
ing banks and to prevent runs
on banks. BY same-To amend
act Of 1907, relating to the salary
Of Assistant Librarian Of the
Supreme Court.
BY Weaver-To regulate the
use Of business names.
BY Rodwell- Relative to prop
erty Of insane persons discharged
from asylums.
BY Morton-Joint resolution to
! provide more lights in corridors
and rotunda of capitol. Adopted
at once.
The courtesy of the floor was
extended to Solicitor Jones Full
Ter, Of Durham.
SATURDAY, JAN. %.
The Senate met at II o'clock,
Senator Pharr, of Mecklenburg,
in the chair, in the absence Of
President NewIand In the abb
Weekly journal-miner., 1909-12-08
COPPER MERGER IS
 LIKELY TO PROCEED.

While the news from New York is that the proposed copper combination may be delayed by the lawyers, ow- ing to the necessity of fully consid ering the bearing upon it of the fed eral court decision against the Stan dard Oil Company, there is little doubt that the movement will pro- ceed. If there were anything in the Interpretation of the law to make this particular combination impossible at this time, Wall Street would be trem- bling in its boots. Far worse evils than the estoppal of the copper mer- ger would have to be feared. The late quotations on United States Steel issues, though lower than those of last week, are the best evidence of what Wall Street thinks about the effect of the law, or, rather, about the probable position of the admins tration. MT. Taft is a very big man, physically and otherwise, but he would undertake to initiate Gargan. tua by swallowing the task that would be his, if his government were to overthrow all the mergers that seem to fall under the influence of last Saturdays decision. We know a small Denver concern that ships goods out of the state, so that it IS thus engaged in interstate commerce. Nevertheless, this concern is a com bination of two naturally eompeti- tive establishments. The proprietors are not worrying about MT. Taft com ing to Colorado to make them split up the business.
 It is worth noting that the men who profess to speak for the authors of the proposed copper merger dis tinetly disclaim any intention to form a combine for the purpose of re- stricting competition in the trade. On the contrary, they declare that the merger will encourage competi- tion by helping to prevent demorali- zation. Restricting production IS not the same as restricting competition.
Weekly journal-miner., 1909-12-08

1 gun, but on second thought he de cided that the Sheriff's leveled gun looked dangerous, and he surrendered He was carrying his weapon in his i left hand, with a coat thrown over the arm, eoncealing it.
 Marin was handcuffed and taken back to Peoria. For several hours he maintained that he never was at the Junction, but had come through from the Bradshaws. Finally he ad- mitted the crime, and said that they were all drunk and he did not know what he had done.
 Sheriff Smith feels grateful to MT. Osborn for the service rendered by him. Had it not been for his wig ilance, Marin might have possibly escaped. From the first news of the shooting, the agent kept his eye open for anyone answering the description of Marin, and after the latter reached Peoria he hastened to inform Sheriff Smith.
 The tracking of Marin was made somewhat easier, Sheriff Smith says, by the fact that one of his shoes was covered with hobnails, while the sole of the other was smooth. These distinctive marks were tracked for miles, and were discernable in the sand washes that he travelled along. It is the belief of Sheriff Smith that after Marin killed Wendes he never attempted to board a train, but fol lowed the railroad track at points to throw off possible pursuers.
 If Marin had not been hoodwinked in the manner that Sheriff adopted in travelling leisurely along in a common wagon, it is probable that he would have taken to the adjacent country, or else have put up a fight. He had his gun handy and would undoubtedly have used it. The five chambers were loaded, and he car ried eight more cartridges in his poel- ct, in all having the unlucky number of thirteen.
 The record of Sheriff Smith for nearly the first year of his tenure of the office is a splendid one. In the capture of Marin his ability is proven as it was in the sensational chase after Rivera, whom he ran down and subdued, without having occasion to resort to the use of firearms. In the many other transactions of his office he has performed noteworthy service.
Weekly journal-miner., 1909-12-08
SALE OF TIMBER.

SALE OF TIMBER. District No. 3, Albuquerque, N. M., November 19, 1909. Sealed bids marked outside, " Bid, Timber Sale Application, OetO- Der 30, 1909, Prescott National For est," and addressed to the District Forester, Albuquerque, N M., will be received up to and including the 27th day of December, 1909, for all the merchantable dead timber standing or down and the live timber marked for cutting by the Forest officers, To- cated on an area of about PTS acres in Crooks Canyon in approximately Section 36, Township 12 north. Range .2 west, G. & s. R. M., unsurveved land, within the Prescott National Forest, Arizona, estimated to be TOT cords of green pine, oak, and Juniper eOrdwOOd and 340 cords of dead pine. oak, and juniper cordwood, more or less. No bid of less than 75 cents per cord for green eordwood and 40 cents per cord for dead eordwood will be considered and a deposit of $2OO must be sent to the First National Bank, Albuquerque, \. NJ, for each bid submitted to the District Forester. The right to reject any and all bids is reserved. For further information and regulations governing sales, ad- dress c. H. Hinderer, Forest Super visor, Prescott, Arizona.
 ARTHUR c. ENGLAND.
 District Forester.
 First publication Nov. PAW St.
Weekly journal-miner., 1909-12-08

If a concern that is otherwise legal becomes illegal when it cuts off pro duetion to meet diminished eonsump- tiOn, there must be something very peculiar and illogical about the Sher- man law. We do not imagine that it should be expected to require com bined ownership to continue produc- ing, whether they have a market or not, although this is phase of the federal court decision that it is difficult to view in any other light. No want of respect toward the learn ed judges is meant when we say that courts are sometimes guilty of utter ing excellent bits of satire. In the Standard Oil case, It would appear that the Sanborn decision gives a flavor of irony to the whole Sherman act business, by making that measure appear ridiculous among thinking men. It is the function of the courts to interpret the law as they find it. Judge Sanborn certainly interprets the Sherman act as a joke, if IL is meant to prohibit joint ownersbips of previously competitive concerns from restricting their Interstate bus mess when the markets demand it. This is the fault of Congress, not of the courts.
 We repeat, that all the signs point 10 the continuance of the efforts to consolidate a large number of the principal copper producers.
Weekly journal-miner., 1909-12-08
TEARS FALL UPON
 FUNERAL BIER.
(From wednesday,s pailyl


 With possibly one exception, that of J. c. Herndon, the funeral of the late Joe Mayer was the largest ever held in this city. Friends came from all over the county to pay their last respects to the honored pioneer, the Catholic church where the ser vices were held being unable to ae- commodate all who were present at the obsequies. Father Carey, one of the Paulist Fathers from San Francisco, who is conducting mission services here this week, delivered the sermon. His subject was "The I'm mortality of the Soul" and it was an eloquent and impressive effort that touched the hearts of his hearers, especially when he referred in his remarks to the trials and privations of the early settlers, and spoke of the deceased as one of Gods noblemen.
 Impressive music was rendered by the Catholic choir, a feature of the music being the solos by Mrs. J. G. Kirkpatrick and Robt. E. Morrison.
 At the grave the obsequies were conducted by Father Mandin. The floral offerings were numerous and beautiful, attesting the love and es- teem in which the deceased was held. Tears were shed by both men and women as the remains were lowered into their last resting place, for Joe Mayer was not only a man whom all loved because of his kindly disposi- tion and transformations charities, but he was one of the men who will go down into history as one of the build CTS of the great commonwealth of Arizona. In the town of Mayer of which he was the founder, he was Mexicans and Indians, and on Sun day and Monday they came from all directions to take a parting look at the man who had often befriended them, and from whom they sought advice in all their troubles, and they wept bitterly as they saw his re- mains lying cold in death.
 No death in recent years has so touched the heart strings of the peo- pie as that of Joe Mayer, and there is genuine mourning throughout Yav- apai county.
Weekly journal-miner., 1909-12-08

The details of the pursuit of Marin, the slayer of Wendes al Congress Junction, Sunday by Sheriff Smith and two deputies is decidedly interest ing. Marin was brough to the county jail in this city yesterday to an swer to the charge of murder before the next grand jury.
 Trailing the fugitive from the scene of the killing was at the out set the main obstacle. Marin, after he shot Wendes, zig-zagged around Congress Junction at many points, and his object seems to have been to confuse the officers. He went above that place, crawled under the big bridge on the Congress road, and then passed over to the Fools Guleh section. He then came back to the vicinity of the place where he did the killing. Finally after three off cers, Sheriff Smith, Deputy Tovrea and Deputy Bustamente, had secured the country adjacent for a radius of four miles, they struck his track going to the south in the direction of Wickenburg, six hours after taking the field.
 Smith and Tovrea then went to that point, and here again they were baffled. They could not find any trace of him leaving there, ow- ing to the heavy travel passing in and out of that center Deputy Tow req was sent back to the A. & C.. Junction to SCOUT the country to the north of Wickenburg.
 While in Wickenburg, Sheriff Smith learned that a Mexican had been put of the train at Hot Springs June tion, and to that place he went on the engine to keep a lookout for any one on foot. Seeing no one he re- turned to Wickenburg. He proceed ed to Peoria alone, and was informed by MT. Osborn, the railroad agent at that place, that a man answering the murderer's description had passed through Peoria.
 The Mexican was nearly half mile away, going toward Phoenix. Securing wagon, Sheriff Smith start ed to overtake his man. He travelled leisurely, keeping his eye on him. Finally he came upon Marin, and when within fifteen feet of Marin, he pulled his gun and leveled it upon him, the Mexican turning around.
 Marin then made a bluff to use his
Weekly journal-miner., 1909-12-08
HOB=NAILED SHOE
 FURNISHED CLUE
Trailing of Marin, Alleged Murderer, Made Easier as His Footwear
 Did Not Match.
(From Saturdays Daily.)

The details of the pursuit of Marin gun thought
Weekly journal-miner., 1909-12-08
s'DRY'' STATES TO BE DRYER.

WASHINGTON, D. C., Dec. B. Another phase in the great campaign against liquor will come to the fore the first of next month, when the re- vised pehal code of the United States is to become effective. Many of the changes made in the penal laws by the Sixtieth Congress were of minor interest, but the section relating to the shipment of intoxicating liquors into "dry" territory contained new legislation, the result of which will be to make the United States a fac tor in prosecuting violators of the act.
Weekly journal-miner., 1909-12-08

sentations.
Weekly journal-miner., 1909-12-08

exceeding three hundred dollars, or be imprisoned in the county jail not ex- eeeding three months, or by both such fine and imprisonment.
 All of which is done and ordered by said Board of Supervisors this 18th day of November, A. D.. 1909.
 GEO. P. HARRINGTON, Chairman of the Board of Supervisors of Yavapai County, Arizona
 First publication Nov. 23, 1909.
Weekly journal-miner., 1909-12-08
CLAIMS CONSPIRACY.

LOS ANGELES, Dee. 2.-Declaring there is a conspiracy to defraud her of the interest in the estate left by her father, Andrew Heating, the "Ni- trate King" Mrs. Helen Johnson fl- ed a suit today askind for the return of a deed alleged to have been obtained from her under false repre- sentations.
Weekly journal-miner., 1909-12-08

of those eonversant with that zone that the reviving of them will be substantiated as merited in vestment and that too with silver values cut in half.
The Brownsville daily herald. [volume] (Brownsville, Tex.) 1897-1910, 1909-12-28
PERSONALS

Leonard Layton was a business
visitor to Harrington today.
Mr.. and Mrs. w. F. Sprague and
little daughter, Harriet, of La Coma,
are visiting Mr.. and Mrs. H. NJ. Dryer
during the holidays.
B. Lanato was passenger on the
branch this mornings for up-river
points.
E. C. Eckhart has returned to his
farm near San Benito, after spend
ing Christmas in town.
A. NJ c. Garcia, representing ThOs.
Goggan and Bros. of San Antonio,
who has been in the city several days,
left for Samfordyce this morning for
a weeks hunting trip.
Mr.. and Mrs. A. B. Walker were
passengers on tOday's branch train
to San Benito, where they go to
rest for a few days.
Dr. S. H. Bell left for Harlingen
this morning to meet some friends
whom he expects from Austin to visit
him and his family
Harold Jefferds who has been
spending a few days with his parents
Mr.. and Mrs. E. r. Jefferds returned
to Mission this morning
H. G. Dubose was a business visi-
tor to Harrington today, leaving on
the branch train.
Isadore Moritz, of the Mercedes
Enterprise was an overnight visitor
in the city, returning this morning.
DR.. J. E Caplin, Miss Caplen and
Miss Adele Caplen of Houston ar
rived yesterday to visit Mr.. and Mrs
L. X Morris of this city for sew
eral days.