davidaulloa/AmericanStories huggingface dataset:
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-12-10

knowledge extends. ! have no quar-.
rel with the abstract propositions Of
law therein stated. but I do think
they apply i'll the case at bar. 1t re-
duires no argument to allow that a
citizen ought not to be Sent to the
%penitentiary for an oftense which he
has neither been charged with nor
convicted Of. except through the fail
urc of his counsel to interpose tech>
nically proper objections. Even on.
ceding his guilt Of such offense, the
interests Of the state do not demand
his conviction in such a manner. Quite
the contrary is true . Courts will not
ordinarily resort to technical rules in
order to sustain q conviction. espec-
tally q conviction Of an offense not
charged. The crucial and decisive
question on the point under consider
alton, therefore. is as to whether this
item OF $54.65 Is included as a por.
ton OF the FUNDS covered in the In
formation? In answering this Ques-
ton we must not overlook the fact
that in employing three separate
counts in the information the public
prosecutor did not and could not have
intended to charge more than one Of
tense or criminal transaction. and
leging merely different methods OF
embczzling the same funds. These
different methods might have been
charged in one count. provided they
were stated in the alternative. This
proviso also applies where different
counts are employed. by the pleaoer
seems not to have observed this In
drawing the Information in question.
However. this failure Ia not material
10 the point We are here discussing.
A fair test as to whether the $53.6S
item is included in the information is
whether a conviction acauittal under
such information could be success.
fully maintained il cited by the pros
ecution under another information
specifically charging the emebzzle-
lnent Of such check. I think it could
not.
Not q General Charge.
In the majority opinion it seems to
he assumed. however. that the charge
in the information is a general charge.
l emitting the state to maintain the
same by proof Of the em~bezzlement
of any items involved in any Of the
transactions relating to the defend
ants official duties as treasurer, but
II think such assumption Ia clearly
unauthorized. II the pleader had
seen to specify and infinitely de-
scribe each of the four or 1--WE drafts
and checks a~ggregating the sum Of
$60.43S.11, l apprehend it could not
be argued that such charge would be
general SO as to authorize proof Of
the endorsement Of any drafts or
checks: yet the pleader just as effect
ually described these items aggregat-
ing s60.43S.11 as though he had men,
toned them In detal., for he Jaw At
to characterize them as having been
wrongfully turned " to the Bow
bells bank. This effectually excluded
items not thus misappropriated, and
precluded the state from proving such
other items.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-12-10
BURY PIONEER M

Last Rites ~ Minot for Mrs. Cunning.
ham, Aged 80.
Of Mrs. Margaret Cunningham, aged
50, was held from st. Leo's church,
Rev. Father Faith officiating.
Mrs. Cunningham was one Of the
pioneers Of Minot. She was born in
Ireland and following the death of her
husband. about thirty years ago, she
came to this country with her daugh.
ter, Mrs. Murphy. travelling direct to
North Dakota. Conditions In this city
were very primitive then and they
had many hariships to endure.
Mrs. Cunningham u survived By
one daughter and q son, Mrs. T. Muir.
also leaves eight grandchildren and
four g~reat-great grandchildren.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-12-10
COMMUNITY HALL DEDICATED:

COMMUNITY HALL DEDICATED.
Midway, n. D. Farmers Erect Build.
~ for EechAngo Of Ideas.
Midway. n. D., Dec. 10.-About two
hundred people Of this vicinity gath.
cred here TO dedicate the new com.
munity hall. The hall was built BY
money furnished BY the farmers. IN
the district and Ia erected ami con
Quoted with the idea VI making bet
ter conditions on the farm posstole
through . freer exchange Of ideas.
cream and dairy meeting. Assistants
to the dairy commissioner, Pierce and
Greenwood, delivered addresses.
At the newt meeting officers will b
elected and rGular meeting nights &C.
lected. This 10 one Of the first com.
munity halls to he erected In this part
Of The state.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-12-10
DRY Lands TO Be
0PENEDT0 ENTRY
Secretary Lane Designates
Nearly 10000 Acres
Under Enlarged Act.

Washington, Dec. 10.-Announce-
ment was made at the interior depart
mont yesterday that Secretary Lane
has designated nearly 1,75O,000 acres
Of dry lands In western states ~ suit
able for entry under tho enlarged
homestead act,
OF this group Of designations ~
more than 100000 acres were in
cluied in a single order. Other states
that have been filed are North Dakota
in which nearly $4,000 acres have
been designated, Arizona. with more
than $1,000 acres and New Mexico.
with more than $500 acres.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-12-10
BALK on BIZ;

BGAl1H YIN BIG PACKAGES.
Council Blufks. Iowa, Dec. TO-
Many designations in the rural mail
carrier service in southwestern Iowa
are reported on account Of the in
crease in the parcel post business
PeTsons connected with the service
predict Wholesale resignations II the
fifty pound maximum TOR packages,
recommended by the postmaster gen.
eral, is adopted. The department. IL
men to relieve those who have re.
signed.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-12-10
POOL RAID BRINGS RESULTS.

Darlington. n. D., Dec. lO.-When
the officials went t. the new town Of
Greenfield and raided a pool room
they made a bigger haul than origin
ally anticipated. The proprietor and
six habitues Of the place were taken
into custody. The place has been
locked up for a year and the proprie-
tor faces a p~enitentiarv sentence. For
some time there had been rumors of
violations Of both the prohibition and
the anti-gambling law at the Mace
and the raid confirmed both.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-12-10
SQUARED HIMSELF
Former Dakotan Gets Religion and
Pays Old Tax Bill.

Hettinser. \. D., Dec. 10.-County
Treasurer Burnson has received a
check for $69.36 from a man in Gin.
cinnati, O.. who formerly lived in Ad-
m county, who, according to his
cwn statement, neglected to report all
his property. which included some
money in the bank. to the assessor.
The check which he sent was enough
to include all taxes on the amount
which was not faxed to him but
should have been. Nsether with in
terest. He" says since he left Adams
county la has relieved religion and Is
attempting to beFquare' by everybody.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-12-10
TAKEN WHEN ASLEEP.
North. Dakota sheriff outwits Toug
EN~An~- rtAN-nn -. -t.ETa

North. Dakota Sheriff Outwits Tough
Farmer Customer.
ing bested III two foot c and given
a. terrific punch on the jaw in the bar
gain while he attempted to arrest
Thomas Jorgenson. Il farmer residing
near here. sheriff Barrett Of Bowman
county resorted to strategy.
When tho sheriff concluded that
%Jorsenson would be safe at home,
sleeping soundly. he entered the resi-.
dence. and before Jorgsnson quite
comprehended what was going on. he
found himself handcufted and unde,
arrest.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-12-10
RABBITs 1NFEcTEp.

North Dakota Jack Rabbits Diseased
Says Garrison Doctor.
Garrison. n. D.. Dec. l0.-If the
hunters who shoot jack rabbits realiz.
ed that nearly all of these animals
in this and other sections Of the state
were afflicted with tuberculosis there
would be fewer OF them eaten, &C.
cording to Dr.. Ray. The physician
has examined many OF them and in
nearly every instance found evidence
Of tubercular infection. Many boyr
and adults as well participate in rabbit
shooting and frequently eat the meat.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-12-10
BIG SAIEs or SEALS

Bismarck. n. D.. Dec. 10.-That the
people Of this city, are in aympathy
with the campaign carried on by the
ladies against tuberculosis is demon
strated by the fact that they have
responded generously to the ladies' ef-
forts In the sale OF Red Cross seals.
In one day alone the sale Of These
seals has run as high as 1850,
to $116. The seals were
sold at stores. and ladies and girls
solicited. A high figure is expected
to be reached before Christmas.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-12-10
VELVA -UELEDRATCa.

velvs. n. D., Dec. lo.-Ceisbrating
the completion Of the electric light
plant with . banquet. ESQ citizens took
Occasion to congratulate themselves on
the development Of velva- 4 nunber
Of the boosters made addresses. For
sevcral years the town has had sewer
and water but until nov has not been
able to secure an electric light plant,
The town has grow nrapidly during
the past year and has a building boom
in sight for next season.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-12-10
is APPOINTED

w. s Lowry Of Iddgcrwood b Deputy
Revenue Collector for North
DAKOTA
Lidgerwood, n. D., Dec. 10.-W. S.
Lowry received notice Of his appoint
ment a deputy internal revenue coll
lector for this district Of North Dako-
IA. He will work unier the supervis-
Ion OF the revenue ofhce at Aberdeen,
being one Of the five special deputies
for the state Of North Dakota.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-12-10
HEINLE GUILTY
Morton County Man Who Eloped with
Anotherss Wife is Convicted.

1HxoHS0st C00uGy Mdn WIO EIOPoQ WI
Anothee's Wife is Convicted.
Glen Cllin. n. D.. Dec. 10.-The
conviction Of Christian Heinle in
Mandan wa not unexpected /. Heinle
and Mrs. John Weikuln eloped. the
former deserving a wife and four Chill.
dren and the woman leaving her hus-
band and three. children. They we're
was discharged ON their return. Her
husband is suing for a divorce and
h custody Of the children. Mrs
Heinle is also suing for q divorce.
The case attracted a great deal Of at.
tention here because both parties were
SO we'll known.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-12-10
CREDITORS ANXIOUS.

CFEDIIOFtS ANX10Ue.
Tolley, N. D., Dec. lO.-Creditors
are searching TOR Joseph Baker, who
left a note on the door that his place
would be closed a few days because
he was i'll and since then no one has
been successful in locating him.
The Caucasian. (Clinton, N.C.) 188?-1913, 1913-03-27
Preacher Will Be ElectrOcuted for
Burning His MOtherIess Children.

A Fort Smith, Ark, dispatch says:
Guilty of burning to death three of
his six motherless children, the Rev
Marion Caps, a Methodist clergy
man, was last night sentenced to pay
the death penalty by a jury in the
circuit court. He received the YER
dict with the same marked indif-
ference that has characterized his
demeanor throughout the trial.
Caps was charged in the indict-
ment with tying his children to an
oil-sOaked bed. Two persisted in the
flames, while a third died after es-
Gaping from the house. A daugh-
ter, Bertha, aged Is, and son,
Ellis, aged IA, swore that when they
awoke they found themselves held
fast on their beds, which were satu-
rated with coal oil. They were
forced to wait, they testified, until
the flames burned the ropes before
they could escape.
The Caucasian. (Clinton, N.C.) 188?-1913, 1913-03-27
Western North Carolina Shipper File
Big Petition Against Southern.

About the largest petition ever pre-
scented to the Corporation Commits
sion was filed with it yesterday in
behalf of seventy-fve North Caro-
lima shippers in Central and Western
North Carolina against the Southern
Railway Company, and involves it's
scheme of inter-divisional rates be-
tween points over it's lines in North
Carolina.
1t is claimed the Southern Ran
way has for years been allowed to
charge on certain of it's lines in this
State, notably the Murphy branch,
and between Old Fort and Asheville,
and some other divisions, freight
rates higher than the commissions
standard freight tariff. The petition
asks that these rates be lowered to
conform to other rates in the State.
The Caucasian. (Clinton, N.C.) 188?-1913, 1913-03-27
DESTRUCTIVE STORMS.
(Continued from page l. J

Continued from page ID
along the storms track. Besides de-
molishing or unroofing buildings and
telling trees, the high winds, rain,
hail and slete did serious damage to
early crops, according to reports
from, some of the affected sections.
Estimates of damage to property
from Indiana and Michigan alone
aggregate 100000, about evenly
divided between the two States.
Not in many years has there been
such prostration of telegraph and
telephone service. Railroad traffic
was seriously delayed in many dis
tricts where wire communication was
crippled and washouts occurred.
The wind which wiped out so much
property and cost so many lives, at
tanned record velocities at some
points.
The Caucasian. (Clinton, N.C.) 188?-1913, 1913-03-27

SOUTHERN RAILWAY


" g.-The following schedule az
ures are published only as lnform.-
ton and are not guaranteed:
No. 2l-s:35 \. m-Through
train for Asheyilie with chair car for
Waynesyilie. Connects at Asheviile
with Carolina Special for Cincinnati,
Chicago. also for Knoxville. Chatta-
nooga, Memphis. and all Western
points. Connects At Greensboro for
all Northern and Eastern points.
No. 145-l2:40 p. m.-For Dur
ham. Oxford. Keysville. and Rich
mond. Connects at Richmond for
Washington. Baltimore. Philadelphia
and New York.
No. 139-4:05 p. m.-For Greens
boro handles through Pullman Sleep
ing Car for Atlanta: arrives Atlanta
5:25 a. m: connecting at Greensboro
for all Northern and Eastern points:
also for Asheville and Western
points. Makes connection in Atlanta
for New Orleans, Birmingham. Mem
phis. and for Texas and California
points.
No. 131-7:o0 p. m.-For Green's
boro makes connection with solid
Pullman Car Train for Washington.
Baltimore. Philadelphia. New York.
and all other Northern and Eastern
points. Also with through Pullman
Tourist Car for New Orleans. FL
Paso. Los Angeles. and San Fran
cisco; also with through train for Co
lumbia, Savannah, and Jacksonville.
No. 111-2:30 a. m.-For Green's
boro, handles Pullman Sleeping Car
for Winston-Salem, which is open
for occupancy at Raleigh at 1000 p.
m Makes connection for points North
and East, also for Asheville, Mem
phis, st. Louis. and Western points;
also connects with through Solid
Pullman Car Train for Atlanta and
New Orleans.
No. 112-4:30 a. m.-For Colds
/ boro, makes connection for Whining
/ ton, New Bern, Morehead City; also
/ connects with A. c. l.. at Selma fer
| points South and North.
No. 108-10:40 a. m.-Local train
! for Selma and Goldsboro. New train
service effective January Is, 1913.
No. 144-12:30 p. m.-For Selma
and Goldsboro, makes connection al
Selma with A. <. L. Railway North
and South; also at Goldsboro with A
c. L. and Norfolk Southern Railways
No. 22.-7:30 p. m.-For Selma
and Goldsboro through train with
Chair Car from Asheville. Makes
connection at Selma with A. G. l.
Railway North and South, and a.
Goldsboro with A. =. L. and Norfolk
Southern Railways.
For detailed information, also fol
information concerning special ROUND
trip rates account various special &C
casions and Pullman Sleeping Ca
reservations, ask any Southern Rail
way Agent, or communicate with tn
undersigned. ]. o. JONES,
Travelling Passenger Agent.
Raleigh, n. e.
H. F. CARY,
General Passenger Agent,
Washington, D. c.
E. III. COAPMAN,
Vice-President and Gen. Mgr,
Washington. D. c.
s. H. HARDWICK,
Passenger Traffic Manager.
Washington, D. c.
The Caucasian. (Clinton, N.C.) 188?-1913, 1913-03-27
Serious Shooting Near High Point.

High Point, March, 24.-This
evening at about $50 Jack Arm
strong, manager for Mr. George
Gould's Fairfield hunting preserves.
was shot and seriously wounded by
L. c. English, dog trainer, near the
Archdale Roller Mills. 1t is said
the shooting was due to bad feeling
on the part of English on account
of Mr.. Armstrong; having paid a
higher rate for hunting privileges the
acre than English, who also bought
up land preserves for Northern hunt
ers
George Miller, another citizen of
Archdale, but missed him.
The Caucasian. (Clinton, N.C.) 188?-1913, 1913-03-27

20 pat q for dinner. and AZ TIE same
time dropped seTsral Of them on the
aoor. The little ts-noxshs-clE hahy
was crawling about over the ssoor and
il IL now known that the child swai-
Iowed one Of n. beans. n beam.
very sick several hours after Il had
swallowed the bean. but physicians
that were called iu AR. unable 10
locate IL Late Tuesday evening the
child was seized wIth & coughing
spell. ~hen the bean was eoaghsd up
Ia the Sindpipe. choking the ii1le
one, whIch resulted in death
The Caucasian. (Clinton, N.C.) 188?-1913, 1913-03-27
THE PARCEL POST GROWING.


A dispatch sent out from Wash
ington Monday says:
Parcel post business last month
was almost 40 per cent greater than
in January as shown by reports TO
Postmaster-General Burleson. made
public to-day. In February 10000
900 parcel post packages were ham
died, an increase OF 100000 over
the previous month; but as February
contained three days less than Janu-
airy the real gain in the business was
almost 40 per cent.
THE reports to the Postmaster
General indicate that the mails are
moving with their usual dispatch
that business in farm products Is
growing and that merchants seem to
be preparing to extend their bust.
ness into new fields"
The Caucasian. (Clinton, N.C.) 188?-1913, 1913-03-27
COMMITTEE ON AMENDMENTS.
Governor Craig Has Called Them to
Meet in Raleigh April 81 for Or
ganiZafiOn.

Governor Craig has called for the
members of the Legislative Commits
sion ON constitutional amendments
to meet in Raleigh April q for or
ganiZation.
The Commission will also agree
upon a program for sessions and
hearings. 1t will take over the bills
for amending the. constitution that
were introduced during the recent
session of the Legislature and for
mulate recommendations to be pre-
sented to the Governor sixty days
before he issues a call for the Legis-
lature to meet in special session. Also
other amendments that it may con-
slider advisable. Then the Legisla-
ture, in turn, acts upon these recon-
mendations and considers any other
amendments that members may pro-
pose at the extra session. The COM
mission is composed of eighteen
members, FIVE named by the Gov
ernor, five by the Senate and eight
by the House. They follow. Named
by the Governor: A. u. Scales, Of
Greensboro; J. w. Bailey, Raleigh !;
D. Y. Cooper, Henderson; H. O.
Alexander, Charlotte; n. j. Rouse,
Kinston.
For the Senate: President Daught-
ridge, ex-officio, Rocky Mount; H. w
Stubs, williamson; A. T. Grant
Mocksville; A. D. Ward, New Bern
A. D. Ivie, Spray; F. NJ. Washington
Wilson.
For the House: Speaker Conner
Wilson, ex-officio; E. J. Justice, r. A
Doughton, Sparta; w. A. Devin, Ok,
ford; E. R. Wooten, Kinston; c. S
Wallace, Morehead; H. A. Page
Aberdeen, and A. R. Williams, Ashe
vile.
The Caucasian. (Clinton, N.C.) 188?-1913, 1913-03-27
WAKE COURT CoSyENEs.


Wake court convened Monday for
two weeks term Of criminal eases.
Judge Frank Carter presiding. The
Judge intimated that he did not like
the way juries are selected In this
county.
The Judge further stated that prop
erty rights are very well protected !:
in fact. that 1t Ii dangerous 10 steal
a small article, but thar ordinarily
1t Is not dangerous thing TO kill j
man
The grand jury found a true bill
against Road superintendent ". l..
Wigs, and Guard j. VI. Nipper for
bad conditions at convict camps near
Apex. A true bill was also returned
against Haywood Weathers for the
murder of his father
The Caucasian. (Clinton, N.C.) 188?-1913, 1913-03-27

Mr. William T. WombIe, Raleigh's
first public school teacher, died
Thursday in his eighty-ffth year.
sam Thompson, a Union County
negro, is in the penItentiary TO
await electrocution Friday, April Il,
TOR murder.
Mr.. w. T. Coe, a carpenter work
ing in Raleigh, was found dead Sat
urday at his boarding place. He had
no family here, but has a son living
in Charlotte.
The Raleigh post-office will be
moved Saturday night to it's tenn
porary quarters in the Montague
building on Hargett Street. 1t will
take about two years to make addi-
tions to the post-office building.
Easter services were held in all
the churches in Raleigh Sunday and
Easter Monday was half-holiday in
Raleigh. Several excursions were
run to Raleigh from other points,
and a large crowd was in the city.
Archie Hammett, an alleged ne
gro gambler, is in Leonard Hospital,
in Raleigh, with serious and prob
ably fatal wound in his stomach
Arth Lindsey is wanted for the shoot
ing, and Irving Ashe, an alleged &C
complete, is also wanted by the au-
thorities.
Joe Francis, white, a shoemaker
who conducts his business on Will
mington street near Davie street
was arrested Friday by the police
charged with selling whiskey. Nine
haIf-pints of booze were found il
his place. 1t is stated that Franci!
acknowledged his guilt
Ed Tate, a negro drayman in Ra
leigh, and John Aston, one-leggeC
negro, were found guilty of selling
liquor, and Tate was fined 500 ant
cost in one case, and the other wa
continued. Arimstead Young, an
other negro, was found guilty of re
failing and was fined $40.
The Wake grand jury Tuesda,
found a true bill against Mullins Nc
Dowell and Arnie Ruth, young whit
boys of Raleigh, charging them wit
the death of Lindsay Smith, a colore'
boy, in February. The boy was kill
ed while riding in buggy with hi
sister on the Louisburg road nea
Raleigh.
Mr.. Walter Womble died in Okla
homa a few days ago and the bod
was shipped to Raleigh for buria
Mr.. Womble went to Oklahoma fe'
weeks ago where he was married
His wife died about two weeks be
fore his death. Mr.. WOmble was /
the printing business in Raleigh fo
number of years. His father die
last week.
The Caucasian. (Clinton, N.C.) 188?-1913, 1913-03-27
SOUTHERN
RAILROAD
Route of the
"NlGHT EXPRESS"

Travel Via Raleigh tUnion StationD
and Norfolk Southern Railroad. TO
and from all points In Eastern North
Carolina.
Buffet, ParIor and Sleeping Cars
between Raleigh and Norfolk.
Schedule in effect January 5.
N. B.-The following schedule ng.
ures are published az Information
ONLY an dare not guaranteed.
Trains Leave Raleigh
900 p. m.-Daily-"Night Ex-
press" Pullman Sleeping car for
Norfolk.
600 a. m<-Daily-For Wilson.
Washington. and Norfolk - Broiler
Parlor Car Service between Raleigh
and Norfolk.
SOC O. m.-Daily except Sunday
for New Bern via Chocowinity. Par
lor Car Service.
$3.50 p. m.-Daily except Sunday
for Washington.
Train Arrive Raleigh
1925 a. m.-Daily-7:z5 a. m.
daily except Sunday. and 1850 p. m.
daily. Buffet Parlor Car Service on
1850 p. m. train from Norfolk.
Trains Leave Goldsboro-
10:25 p. m. Daily-"Night Ell
press"-Puliman Slepeing Car for
Norfolk via New Bern.
6:55 O.. m.--Daily-For Beaufort
and Norfolk-Parlor Car between
Washington and Norfolk.
800 p. m.-Daily for New Bern.
Oriental and Beaufort. Parior Car
service.
For further information and reser-
walton Of Pullman Slepeing Car space.
apply to c. w. Upchurch, General
Agent, Marlborough Hotel Building.
Raleigh, n. G.
w. w. CROXTON,
General Passenger Agent.
Z. d. KYLE. Trafnc Manager.
Norfolk. Va.
The Caucasian. (Clinton, N.C.) 188?-1913, 1913-03-27
EXECUTORS NOTICE.

Having qualified as Executor OF
the estate of Miss ,sallie c. Whitaker,
deceased, late of Wake County. North
Carolina, this is to notify all persons
having claims against the said de-
ceased to exhibit them to the I'M
dersigned at his Office in the City of
Raleigh, North Carolina, on or be-
fore the first day Of March, 1914.
or this notice will be pleaded In bar
of their recovery.
All persons indebted to said estate
will please make immediate payment.
JOEL whitaker,
Administrator for Miss Sallie c.
Whitaker.
February "a, 1913.