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The Smithfield herald. (Smithfield, Johnston Co., N.C.) 188?-current, November 24, 1905, Image 1

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Slje gmitljfirli) llcrah\ price one dollar per teak. "TRUE TO OURSELVES, OUR COUNTRY AND OUR GOD." = ======= ~ _ . _ ' single copies five cents. VOL.24. SMITHFIELI). X. C.. FRIDAY. NOVEMBER 24, 1005. vrrk ou \/? mo STILLS ARE PLENTIFUL Moonshine Business on the Increase Here. Only two Sheriffs Have Helped Government Deputies?Wom en the Best Informers Two Successful Raids. "During the year ending No vember 1st last I believe that the number of illicit or moon shine distilleries in counties in this immediate section basquad rupled," declared Deputy Collec tor W. G. Pool last night upon , his return from a successful raid east of here. "This has been a foggy, misty day, an ideal time for running the stills, and I should not be surprised if 100 in Johnston and 150 in Durham counties were in operation today," continued the deputy. "During the year 45 stills within a radius of eight miles of Durham have been de stroyed." An officer vtntured the esti mate that H5 stills in Johnston, 12 in Wake, 10 iu Franklin, 10 in Moore, 20 in Chatham and 5 I in Columbus have been cut up by government officers within the year. Under the Watts law, also the Ward Act, it is the duty of sheriffs to suppress illicit distill ing as much as it is incumbent on the United States officers, but Deputy Pool says that in only two instances lias he received aid from county authorities. The sheriff of Chatham got one moon shine outfit and turned it over to the deputies. In Pitt county a deputy sheriff located a still and guided the government deputies to the place. These are the only instances Deputy Pool has come across in this section. Strange as it may seem the best informers the government has are women. The men in the community become debauched by the operation of the still or by liberally patronizing it and as a result some woman gives the officers a tip to nut an end to the demoralizing influence. Yesterday while searching for a still three miles from Benson Deputies W. G. Pool and C. A Banks found several kegs of whiskey in the woods near the house of the supposed blockader. Sunday, while within a mile| and a half of Timothy the same deputies seized and destroyed a still, a number of gallons of beer, kegs of low wines and an outfit, j No one was present. The depu ties reached the place about j three o'clock in the afternoon and finding the beer in proper condition for distillation waiting until dark, thinking that some one would come to begin opera tions. The still was in a very large woods and at six in the evening the deputies decided that they might as well cut up the still and make their way home.? Raleigh Times. CHILLIE NEWS. Miss Kut h Jones is off teaching school again this fall. Mr Alonzo Talton spent Sat urday and Hundav visiting rela tives near Wakefield. Mr. and Mrs. N. H. Mitchiner spent part of last week visiting relatives near Kaleigb. Mrs. B. A. Turnage, who has been sick for some time, is im proving we are glad to sav. Miss Mary Mitchiner returned from near Kaleigh Sunday where she went to attend the marriage of her cousin. Miss Yonnie Jordan returned to her home near Shiloh Sunday after spending several days visit ing her sister, Mrs. J. H. Talton. Mr. Hubert C. Jordan, accom panied by his cousin, Miss Jessie Wood, spent last Fiiday Satur day and Sunday visiting Mr. and Mrs. J. H. Talton. L. AGONY OVER AT LAST. The Famous Gattls-Kllgo Suit Thrown out ot Court and Gat tls Taxed With the Costs. The case of Kev. T. J. Gattis vs. Kev. John C. Kil^o and Mr. B. N. Duke, one of the most cele brated cases in the annals of North Carolina, goes off the dock et on a dog fall, and Rev. Mr. Gattis, being the under dog in the tight, has to pay the costs in the case, after having won the only two times the case has been tried by a jury. ' In the Supreme Court yester day (Chief Justice Clark not sit ting) tlje Supreme Court evenly divided upon the appeal from Judge Moore's ruling that there was not, under Justice Mont gomery's decision, sufficient evi dence to go to the jury. Judge Moore gave that ruling with hesitancy, feeling bound by Jus tice Montgomery's erroneous opinon that set aside the $15,-1 000 verdict, and ordered a new trial. It is reported that J us tices Walker and Hoke (the two \ western men on the bench) voted to over-rule Judge Moore and let the case be tried by a j ury, while Justices Brown and Connor (the two eastern men on the bench) voted to affirm Judge Moore. As Chief Justice Clark did not sit in the case, under the rules, if the court divides evenly, theu the opinion of the lower court is af firmed. Under this rule, though! .lutlge Aloore's decision is noti really affirmed by a majority of the court, Rev. Mr. Gattis loses out and his ease can never have a hearing on its merits by a jury. Since this case has been on the docket thirty-two men have passed upon it as sworn jurors or judges, and of the thirty-two only three have held there was no evidence against |Jr. Kilgo. On the lirst trial the Superior court judge let the case go to the jury and they unanimously re turned a verdict for Mr. Gattis of $20,000. Thus thirteen men | held against Duke and Kilgo. On ) the second trial Judge Shaw held ; there was evidence to go to the jury and the twelve held it suffi cint to warrant a verdict for $15,000. On appeal each time the four judges sitting over-ru'ed the plea that there was no evi-, deuce though giv ing a new trial. Oh the third trial Judge Moore j held that there was no evidence. On appeal, two judges held witn him.?News and Observer, 23. Hlnton Alford On Sunday, Nov. 19th, at 10 o'c'ock at the home of the bride's parents, Mr. and Mrs. Mordecai Alford, their daughter, Miss Mattie, was joined in the holy bonds of matrimony. The solemn words that made them husband ard wife were spoken by Rev. J. F. Owens, of Dunn. The attendants were as follows: Mr. Rufus Johnson with Miss Ada Hinton. Mr. Albert Young blood with Miss Hattie Alfo d, Mr. Andrew Johnson with Miss Mollie 1'ope, Mr. Arthur Rarnes with Miss Aurelia Parker. After the ceremony the bridal party attended church at Hopeweii, and returning to the homeof the grooms' father, Mr. 0. II. Hin ton, where a sumptuous dinner awaited them. We wish for the young couple much happiness and success. A witntss. Soil Lost Mother. "Consumption runs in our family, and through it I lost my Mother, " writes E. B. Reid, of Harmony, Me. "For the past five years, however, on the slightest sign of a Cough or Cold, I have taken Dr. King's New Discovery for Consump tion, which has saved me from serious lung trouble." His mother's death was a sad loss for Mr. Reid, but he learned that lung trouble must not bo neglected, and how to cure it. Quickest relief and cure for coughs and colds. Price 50c and *1.00; guaranteed at Hood Bros, drn" sto^ m :i| bottle free. MADE RESTITUTION TO BANK Halgh and Myrover Plead Guilty and Judgment was Suspended. Favetteville, N, C., November 21?This afternoon iu the cases' of alleged embezzlement of ex Cashier .J. C. liaigh. and ex-Teller G. G. Myrover, defendants ap-j peared in the court accompanied bv counsel and submitted to a plea of guilty to the indictment pending, it appearing that satis faction had been made to the bank, and to the bonding com pany. On the recommendation of the flank of Fayetteville and i at the request of the solicitor Judge Moore suspended judg ment on payment of costs and the defendants were discharged. KENLY NOTES Mr. H. F. Edgerton made a business trip of two days to Ral eigh this week. Messrs. Leon and Edgar Stev ens, of Smithfield, spent Sunday with Mr. and Mrs. H. F. Edger ton. Miss Annie Strickland, of Luca ma, spent Saturday Sunday here as the guest of Mr. and Mrs Jno. G. High. Mrs. J. VV. Darden who has] been spending several days visit-1 iug friends and relatives in Smith field returned Friday. Mr. It. H. Alford, cashier of the Hank of Keuly, moved Tuesday, j into his handsome new dwelling on Max Wei ton Heights. Mrs. W. S. Stevens and Mrs.1 Edgar Stevens, of Smithfield,' spent several days here this week with relatives and friends. Rev. Marion Cnlbreth, of Wil-; mington, will preach at the; Methodist church Wednesday night, Nov. 29, at 7:00 oclock. Mr. and Mrs. 1) H.Sasserspent] Saturday and Sunday witb Mr. Sasser's parents, Mr. and Mrs. William Sasser, near Princeton, j Mr. W. T. a very prosperous farmer living near here, is also a very successful hog raiser. He! reports one now which measures] 6% ft. long (?feet and 4 inches in circumference and will weigh ] about 600 lbs. Mr. Ed. L. Pierce, a young farmer living near here, had the mbf irtuue of losing his barn by tire Saturday night. About twelve he was awakened by the | light from it as the flames burst through the top, and reached it only just in time to save his mule j and buggy. A quantity of seed cotton, several hundred pounds of hay and about twenty barrels] of corn were burned. I Mrs. Annie "Edgerton" Wil-j liatns from near Guilford College, who a few months ago, returned j home from India, after spending about C yours there as a Mis sionary, gave a lecture here in the Methodist church Wednesday night of last week, which was greatly enjoyed by the large con- J gregation present. The house was filled to its capacity. She I had many curios, of that coun- j try, on exhibition, which was! interesting. Next Sunday, Nov. 2Gth, has been designated by the National j J Councilor of the Jr. O. U. A. M. as a day of thanksgiving by the order, and each council is re quested to attend some divine j worship in a body and in accord ! ance with the above request. I Kenl.v Council No. 136 has secur jed Hev. J. J. Barker of Gplds I boro to preach for them next I Sunday, at 11:00a m. Themera j bers are requested to meet in in their Hall at 10:30 from whence they will march to the j church. Iiet everybody come as this is a public service. A Disastrous Calamity. It is a disastrous calamity, when you lose your health, no cause ind""1 1 1 "1 "onstipa tlOi. .. . lu UA Prompt relief can be had in l)i. King's Now Life Pills. They build up your digestive organs, and cure headaci.o, dizr.ine.-* ! colic, constipation, etc. Guarau teed at Hood Bros, drug store; CLARK WROTE DECREE Dispensary Must Remain in Raleigh for the Present. According to Chief Justice Clark the Watts Law Is Misleading In Its Language?Must Pay Poll Tax to Sign Petition. No election will be held in Ral eigh on the question of "saloons" or "dispensary." The Supreme Court this after noon sustained the position of a majority of the board of Alder men and dismissed the mandamus issued by Judge Justice in the Superior Court to compel the "City Fathers" to order this election in obedience to the pe titions presented to the munici pal body by citizens. The opinion of the court was written by Chief .Justice Clark. Justice Browti tiieil a dissenting opinion ana ju;t:ce Walker con curred in the opinion of dissent. The verdict means that the dispensary will remain in the city of Raleigh, for the time being, at least. All along the dispensary advocates have claimed that even in the event of and election they would be able to defeat the re-opening of sa loons, and while many predicted that the Supreme Court wou'd reverse the decision of Judge Justice of the Superior Court, the general opinion was that an election would be otdered. The whole question turned on what was meant by a registered voter, whether a voter who had tailed to pay his poll tax prior to last May and was registered on the lists, could sign an election petition or not. The Watts law governing the calling of these elections says that ttie board of aldermen shall at the proper time, not oftener than once in two years, upon the petition of one-third of the registered voters, who were registered at the last municipal election, call an election. A number of voters "regis tered at the last municipal election," to quote the words of the statue, who had failed to pay poll-tax prior to last May, had signed the petition for the elec tion. Striking these off. there would not be left sufficient to make up the one-third. The decision of the court is based on the ground that a "registered" voter in the mean ing of the law is not only a man who is "registered," but who has also paid his poll tax as required by the amendment to the con stitution. It will be remembered that in the proceeding before the aldermen the advocates of the election presented to ine alder men petitions signed by one-third of the registered voters of the city and the aldermen took this list and purged it of all names in which the ''registered" voters poll tax had not been paid, or reduced the list of those who could actually vote. This action the Supreme Court upholds. JUDGE HKOWN'S DISSENT. In his dissenting opinion. Jus tice Hrown, with the coucurrence of Justice Walker, declares that his convictions are strong that the board of aldermen illegally struck from the petition the names of a large number of those who had the legal right to sign it. That the board had no right, first, to strike the names off for the non-payment of poll tax; second, no authority to Eass on such fact; third, if they ad such authority they exercised it in an illegal manner and based their findings upon utterly in competent evidence. The dissenting opinion con sists of nine typewritten pages and is an elnbi" <i. J Ainu of auttiority for the position he laid down for differ ing from the court.?Raleigh Times, 22nd. :ti>0 Children's suits at cost. ! Austin Stephenson Co. REPORT OF THECENSUS BUREAU. Amount ofCotton Ginned toNovem ber 14th Placed at 7.498. 167 Bales. Washington, November 21.? The census bureau today issued a bulletin placing the amount of cotton ginned to November 14 at 7,41)8,1(17 bales In 11)04 the products of the ginneries up to November 14 was 9,786,646, and in 1903, 0,815, 102 bales. The total crop of 1904 was 13,451,337 bales, and of 1903, 9,819,908 bales. In 1904 about 73 per cent of the cotton had been ginned to No vember 14, and in 1908 about 09 1-2 per cent. The production by bales for the present year by states is as follows: Alabama, 942,918; Arkansas, 313,104; Florida, 56,012; Geor gia, 1,437,099; Indian Territory, 183,550| Kansas, ; Kentucky 471; Louisiana, 288,074; Missis sippi, 604,150; Missouri,22,143) North Carolina, 510,124; Okla homa, 179,839) South Carolira, 914,772; Tennessee, 176,393) Texas, 1,822,942; Virginia, 10, 890. EZRA DOTS. Mr. and Mrs. J. P. Dixon, of Angier, spent Sunday in this sec tion. Mr. and Mrs. K. Harber spent Saturday and Sunday in Har nett. Mr. Herman Barnes, of Duke, spent Saturday n:ght and Sun- j day in this section. The school at Ezra opened the j 13th with Miss Mary L. Dunn, ov Beasley, as teacher. Messrs. Delma Hardee and B. j E. Johnson spent Sunday after- j uoon in the Spilona section. Messrs. A. E. and M. R. John son are going to move there saw mill near Mr. J. P. Strickland's in the near future. Mr. J. W. Warren, of Sampson j county, spent Saturday night[ and Sunday with the family of j Mr. Lemuel Hardee. There will be services at John son Chapel Saturday at 3 p. in. and Sunday at 11a m. by the regular pastor. Rev. W. H. Avery, j The vocal union at Four Oaks ; Saturdav was attended by a large majority of our people. ] They all report a very pleasant ( trip. Miss Vivian Johnson and Mr. , Lawrence Barber, of near Clay ton, spent Saturday night and Sunday with her parents, Mr. and Mrs. Josephns Johnson. Y. Z. ARCHER LODGE NEWS. Mr. Richard Finneile went to Sinithfield Friday. Messrs. W. R. and J. L. Boyett sold a lot of tobacco last week that averaged them $13 23 per hundred. Two new members were baptiz ed into the fellowship of Salem church Sunday morning by the pastor, Elder J. A. T. Jones. The Misses Richardson enter tained ipiite a number of friends Saturday evening in honor of their guest, Miss Eva Daniels, of Baltimore, Md. Mr. Joseph Thomson and Mrs. j Martha Hinnant were married at the home of the bride last Sunday moruing by Elder J. A. T.Jones. The groom is one of Wilson's best farmers and the 1 bride is one of our most worthy ladies. S L. W. Nov. 23, 1905 "I Thank the Lord!" cried Hannah Plant, of Little Rock, Ark., "for the relief I got I from Bucklen's Arnica Salve. It J cured mv fea.t'ul running sores, which nothing else would heal, | and from which I had suffered | for 5 years." It is a marvelous healer for cuts, burns and! wounds. Guaranteed at Hood I Bros. Drug store- 25c. Stephenson Beasley. A lovel.y marriage ceremony was solemnized at the home of Vlr. J. M. Beasley on Thursday, Nov. 1(5, at nine o'clock A. M.. when Mr. David Stephenson and Miss Mattie Bell Beaslev were united in the bond of matrimony, Rev. Mr. Guyton, of Newton Grove, officiating: The parlor was simply and artistically dec orated in evergreens, and as the wedding march was sweetly rendered by Mrs. Mattie Hirroch, of Kipling, N. C., sister of the bride, the brides maids all in gray, and groomesmen entered as follows: Miss Willie Stephen son and Mr. Stone Adams, of Raleigh; Miss Lottie Thornton, of Beasley, and Mr. Herman Up church, of Four Oaks; Miss Mary Mitchener, of Smithtield, and Mr. Claud Beasley. Then came the bride carrying white chrysanthemums leaning on the arm of her sister, Miss Alma Beasley, who carried yellow chrysanthemums. From the op Eosite door came the groom with is best man, Mr. RalphStepben son, of Raleigh. During the ceremony Mrs. Hirroch softly played "Rock of Ages." rne oriae was attired in an elegant gown of silver gray silk, and is the beautiful and accom plished daughter of Mr. and Mrs. J. M. Beasley. The groom wore the conventional black, and is very popular wherever known. Immediately after the cere mony the entire bridal party started for the home of the groom near Raleigh for the reception, where numerous friends heartily gathered to shower blessings on the happy couple. A sumptuous supper awaited them, also good music as the Raleigh band was present. The large number of beautiful and unique presents attests the high esteem in which Mr. and Mrs. Stephenson are held bv their widecircleof friends. May their pathway through life be ever strewn with sweet scented flowers. A. B. BENSON NEWS. Mr. S. C. Smith spent Sunday in Smithheld. Miss Bertie Taylor, of Preston, N'. C., is the guest of Miss Nellie Parrish. Mr. J. F. Woodall came up from Fayetteville on Wednesday of this week. Miss Floy Johnson spent Satur day and Sunday at her home in the Spilona section. A good number of our people attended services at Hannah's Creek church last Sunday. An effort is being made to have our night mail service again con tinued, as it is greatlv needed and wuich we hope will be suc cessful. On Wednesday evening, No vember 8th at 7:45 o'clock the marriage of Mr. A. T. Hyals, of Benson, to Miss Yira Smith, of the same place, was solemnized at the home of the bride's brother, Mr. K. F. Smith. A large number of relatives and friends were present to witness the occasion. Miss Leola Smith acted as maid of honor, and Mr. W. C. Woodall as best man, the other attendants being Mr. T. J. Stewart and Miss Lettie Hyals, Mr. R. I). Overby and Miss Min nie Smith. The wedding march was beautifully played b\ M ss Nita Fenny, and the solemn ceremony win rendered by Elder William Wuodard,of Wilson, N. C. Immediately after the cere mony, and congratulations, the marriage party attended services at the Primitive Btptlst church, conducted bv M? Woodard. The newly married couple are among the most popular young people of the community, the groom being the son ofC.C. Hyals, Esq.. and the bride the beautiful and cultured daughter of the late W. 11. Smith. May life's pathway for this young couple be strewed with richest and rarest flowers, is the wish of their large circle of friends.

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