Newspapers / The Charlotte Observer (Charlotte, … / Aug. 12, 1880, edition 1 / Page 1
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Stye dfjartottt bBcrticr. m f Att ft L . -X j ' jk aS SUBSORlFTloit hatms : rvnl'j, one tfewr, ipo&pafO) in adwamcw. tii Months 4 8 00 400 a oo 75 Has been thoroughly supplied with war needed want, and with the latest style of Type and erry manner, of Joti' "Prlnttrig cm oow'MfloDe with neatness, dispatch andcneapneu " Wa.enn furn 1st at short notice. 1 ' Ml' BLANKS, BILL-HEADS. LITTER HEADS, CARDS, TieS, RECXTPTftroSTERS, J lSlltoGBAMSa3,maJBlLL8, Three Month lanui WEEKLY MDTTIOH ; . .1.1-. I.. Jl . J- V neeiuy, ym tneanmiy) m aavtmce 2 00 W of county, pcmtpaad, ; g jq Month j oq VOL. XXIV. CHARLOTTE, N. C., THURSDAYr , NO. 3,568. PAMPHLETS CIECTJ11K3, CHCO, AC. mm Ilrg feaods. JUST RECEIVED ANOTHKS LOT OF BARS AND BOB I NET AT ALEXANDER & HARRIS'S. an8 Soots nutl gUocs SPRING SrroSFl88Cn COMPLETED ! OUR SPRINU STOCK -OF BOOTS, SHOES, HATS AMD TRUNKS la now Complete. We are determined Lto sustain our former reputation for selling THE, BEST BRANDS U cheapest la te end. Please caBand see us Won busing. IW We will deal fairly and hon estly with yon. PXOBAM GO. March . 1880. Democrat lOdHome spy. tle. JUST RECEIVED -AT- i i A LOT OF F. A. FERRIS & CO.'S SWEET, FRESH AND GENUINE. Pbr late CHARLOTTE OBSERVER. i unei3-ti .i i t . . AGENTS WILTED FOR TBE FASTEST 8XELLIKG ROOK OF THE AGE, Foundations of Success, BUSINESS AND SOCIAL FORM business, valuable tables, soctareaiauette, Part hteouurr asaga. how to eondoct nubile business! fact it U 4 eombleta GUIDE TO SDCCESa for ' Jciw FUBXiSHTKa co;VJUIanta, 0a. grg (foods, (CXotatttQ, Sec. THIRD LOT OF Canop m JUST IN. CALL EARLY GErF ONE. WE ARE OFFER K6AIL Seasonable Goods AT COST. CALL WILL. CONVINCE TOU WE ME AW WAHT WE SAT. T. L. SEIGLE & CO. aug.5 A Sure Cure! FOR DIARRHOEA, DYSENTERY, CRAMPS, CHOLERA, And all those numerous troubles of the Stomach and Bowels, so prevalent at this season. No remedy known to the Medical Profession has been In use so long and with such uniformly satisfactory results as PERRY DAVIS' VEGETABLE PAIN KILLER. It has been used with such wonderful success In all parts of the world In the treatment of these difficulties that It ha 8 come to be considered AN UNFAILING CURE Fob All Stmmxb Compl. uirra, and such It reality Is when taken In. time and ac cording to the plain directions lnd oslng each bot In suoh diseases, the attack is usually sudden and frequently very acute; but with: a safe remedy at band for Immediate use, there 1 seldom danger of the fatal result which so often follows a few days' negleeC The lneUnauen to wait and see if the morrow does not bring a better feeling, not Infrequently occasions a vast amount of needtaaa suffering, and sometimes easts a life. A tuneiy dose of Pain Killer win almost invari ably save both, and with them the attendant doc tors fee. It has stood the test of forty ye its' constant use In all countries and climates, aud Is perfectly safe la any person's hands. It Is recommended by Physicians, Nurse In Hospitals, and persons of all cb?isses and profes sions who hare had opportunity for observing the wonderful results which have al ways followed Its use, i t I have nreaeribed Penr Davis's Pain Killer ex tensively In Bowel Complaint (i larticularly for chil dren), and It Is, in my opinion, .superior to any pre paration I have ever usea zor ue renei oi tnai disease. - A. aUHTlfiu, M. 11. No family can afford to be rithoat tt, and its price brings It within the reach, of al L The use of one bottle will eo lUTther to convince yoo-of its merits than columns of newspaper ad vertising. Try it ana you win never oo wiumhh n. Price 25c. 50c. and SI per 1 rattle. . lau can obtain it at any drug store, or from FERBI DA Via S SUN, PrODrietors. PT( rovldence, B. L augo aiw io oai l. BBOOSriXLD. A. TV. LUXXM CHINA PALACE J. BrookfieM & Co. CHARLOTTE. V. C FRVIT JABS, JELLY TUMBLERS, REFRIGEBATOKS, ICS CRMAM FREkZERSr WATER COOLERS, ' - , Fall stoat of CHINA, GLASS-WARE, CROCKERY, CUTLERY, LOOKING GLASSES, WOOD AND WILLOW-WARE, AND HOUSE FUBN ING GOODS GENERALLY. , Maiolica Ware lilancv Goods. olesale & Ketaii. CLOSING OUT A3JSA SACRSFICE. Tv 'ynfaiMmrfir r'-CS s f eTirilial OfWeaknessfBper- 64 matorrhea, im- maahm ani nil f that3 jsjj eofself- fallow, aa nnnra of self- W..aA. mm lAfll Af a Vamorr.Univer-irttl TAt!XS ltr ur xne pacay inmaeaa im w . -I ' Mr. CIT - -"3 m - Ul. rwmir nameman an in oar nampniet, wuiw we desire to send free man to every one. Tot L ueeiUo M edielM U bv all rirmreUra at 11 M I twage.Bw paow for 95, or wul -be sent free of wau oa reeei of the money by fddieastnf T11C UMAX aiiUlUflA w., i No. 10 Mechanics' BlOTk. Detroit uon4 8oM ih Charlotte, wholesale and retail. U.-arena and an araggUHS verTwaem ,- . 9m .. ... ' I 1 ; S IPREIUE COUBT. Beciaioittt Filed August 9, i88d. Raleigh News. By Smith, C J, : Cobb vs. Morgan; Nasb. Affirmed. When usurious interest has been paid. J 4 u . i ,1 . i n in an action for money had and received by the payer against the payee, or mav be set up as a set off pro tanto in a suit for the principal debt on which it was paid as interest The usury law of 1875 has no retro active effect. Where a note was valid when made, a subsequent contract for the further forbearance of the debt which the note evidences does not viti ate such note. May vs. Darden ; Pitt. Keversed. An appeal lies from a judgment for costs only. Cost in actions against fidu ciaries are governed by special regular tions and do not always go with the judgment Taylor vs. Higgie; Granville. Re versed. One holding a second mortgage on lands as a trustee cannot buy such lands at a sale under foreclosure of the first mortgage, but he is in titled to re imbursement for any sums expended by him in clearing off the first mort gage, and such expenditures are a first claim on such lands. When a mortga gor by words or acts agrees to a. sale under the mortgage, he eannot be heard afterwards to deny the validity : of the mortgage or the sale had th lere- under. - - Vvnervs. Arnold; Randolph. Af firmed. ' The orders . of. General Sickles and General Canby suspending the action of the civil courts of the State have and had no legal efficacy, except as obedi ence was compelled by the use of force. State vs. Harder ; Pitt. Affirmed. An omission to charge, not asked in the court below, cannot be noticed as an exception in this court. It is not error to refuse to charge that-confessions are to be received with caution, and still less so when the court is? hot asked to give the instruction. The jury alone must judge of the sufficiency of confessions as proving the fact con fessed. It is settled in this State that the con fessions of a prisoner, or the testimony or an occonpiice, wougn witnout cor- rebora.tion in material particulars, if believed by the jury, is sufficient to warrant conviction, and the propriety of giving a caution to the jury to pre" vent an improper confidence in its truth must be left to the discretion of the Judge. ' Even clear perjury of a witness, com mitted on the trial, does not authorize the court to direct the jury to discard his testimony, but it goes to his credit only. A collateral inducement, haying no relation to the offence, is an insuffi cient reason for rejecting a confession given in response. State vs. Mitchell; Watauga. Re versed. in tne trial ot a criminal action on a plea of not guilty, it is proper matter of uerence that the alleged crime was committed out of the State. Battle's Revisal, chapter 33, section 70, does not apply. State vs. Brry: Perquimans. Af firmed. The Superior Court has no original jurisdiction of a simple assault and battery until more than six months have elapsed since the commission of the offense. Raleigh Observer. Ashe, J. : Phillips vs. Lentz: Cabarrus. Remov al of cases. This was a civil action pending in Cabarrus county. After answer tiled the defendant moved for the removal of the cause to some adjacent connty, and filed an affidavit setting forth the facts on which he based his application for the removal. Held, That the construction given to the provision of law under which the application is made is that the sufficien cy of the affidavit for the removal lies in the discretion of the judges of the Superior Courts, and their decision is one which the Supreme Court will not review. Held, That it seems that the distinc tion is where there are no facts stated in the affidavit as grounds for the re moval, the ruling of the court below may be reviewed, but where the facts are set forth, their sufficiency is in the discretion of the judge, and his decision is final. No error. A.she, J. : State vs. Mitchell ; Watauga. Prac tioa Indictment. Defendant was indicted for assault and battery, and entered the plea of not guilty. During the trial the defendant offered to prove that the offense was committed m the State of Tennessee, and not in North Carolina, but the court refused to admit the testimony unless the defendant would withdraw his plea of not guilty and enter a plea in abatement. Defendant was found guilty and appealed. A plea in abatement must give a bet ter writ and under our statute most Set forth the county in which the offense was committed. It is not applicable to cases where it is denied that the offense was committed in x any county in the State. Our courts have jurisdiction on ly of offenses committed in North'Caro hna, and a plea in abatement stating the offense to have been committed in another State5 would not be good. Where the alleged offense is claimed to have been committed in another State, that is matter of defense under the plea of not guilty. Error. Reversed. . Ashe, J.j , State vs. Dancy, from 'Wilkes. In dictment. ' r The indictment charged that the def en fendant "in and upon Mary Ann Whel lington, an infant, under the age of ten years, to-wit, of the age of six years, made an assault," &c., "with intent to carnally know," &c Defendant was convicted, and his counsel insisted that the o,ffense charg ed was distinct from an assault with in tent to commit rape. His Honor was of a different opinion and sentenced de fendant to trie penitentiary for five years. H eld. -'That unlawfully to carnally know a female under the age of .ten I ears is rape, and the indictment, suf- ciently charges ah assault with intent! to commit rape. io error. DlLLABD; J. V1. 7,1?!!F1a?5:i!slu f " -Hugh $6ttmk:Q, y?gE. HarperirontiildwellInjunc tiorii i'1 law i vwl i femme ilamtiffDeoviieftted atojer in AntiRirlaration thereof eotiveTedlOber debt Defendanti;fljejre4f m, rieeorerieaf 1 and threatened to sbU" the tract W 'j.ina Dove mentioned unutr ms exe- ttition. , . -' . Plaintiff obtained a restrainlntr order. and on the- coming in of the defendant's answer, the injunction order was dia-i solved. ;-.. HeuLTvaX as the embarrasMants and irreparable injury" alleged can not be mor than an apprehension of, evil, no ease is presented justifying the Intervention of equity. Affirmed. .... DlLLABD, J.. ' i H j J on than Walker vs. Wm. E. Gurley from McDowell county. Injunction. Practice. 1 ' ' Defendant! had obtained judgment aerainst the nlaintifl. and had eahsed execution to-issue, and at the sheriffs, sale had purchased tne lands ox pJain-, tiff. Defendant had thereupon broajUt action for the possession and recovered judgment by default, and was abob to turn piainun: out ui possession wau plaintiff obtained a restraining orqer, which on the coming in the answer was dissolved. : Held, Tliat where the defendant is to be viewed in the light of haying. a right of 'possession established a lw, and on filing his answer he denies' the facts on which the plaintiff relies for equity to interpose in his behalf, it is defendant's -right to have the injunc tion dissolved as in the case of a com mon injunction. No error. Dillard, J.i : i State YSvFFam. from Alletrhahr coun ty. Jurisdiction of Inferior ,Cburt i r Appeals lie to the SuprttttOoiirt irom juumenis renuereu iu raciTiqw rior Court on appeals from Infepon 1 Inf erforcdurts have not orijHrxa!irier diction of the offense of disposing ef morttraffed Dronertv with intent Id fraud the mortgagee, the .punishtneat thereof, under acts of 1873-74. chSB.iai. being a fine not exceeding 3 50 ti- prisonment not exceeding one month, and under ch. 92, acts of 1879, exclusive original jurisdiction in such cases bejni given to justices of the peace. Affirm Cedar Falls Company vs. Wallace Bros, and Stephenson, from Guilford county. Held, It is not every fact averred on one side and denied on the other that raises legal issue : such fact must be material and necessary to dispose of the controversy, in order-to raise an is sue. i i. y Issues ottght to be confined to Such necessary matters, and the more com prehensive the better, in order to avoid embarrassment and confusion to the jury from a multiplicity of questions submitted to them. The drawers having funds in the hands of their debtor, had a right to ex pect their bill to be honored by mm, and they were entitled to have their bill presented in reasonable time and to strict notice of its dishonor, even though their debtor had notified them of his insolvency and his inability to Day. and had requested them not to draw upon him. But if the drawer had no funds in the hands of the payee, and had made no arrangement Tor the acceptance ana payment of his bill, the holder is not bound to strict presentment and notice. Where the judge leaves the whole matter relied oh as an excuse for non- presentment of a bill to the jury, and it is not seen how a remark made during the charge could have prejudiced the appellant, the hnding or the jury will not be disturbed. Affirmed. Adding- Up tb CeaciK Chicago Times. Such progress has been made in the returns of the census enumeration as to authorize of some States estimates which will be found close approxima tions of facts, and to give complete and revised footings in others. The Times has followed the figures to-day, and presents them below.! Those in round numbers are estimates; Those carried out precisely are official figures: Alabama... 1.150,000, Arkansas... 750.000 California. . 803.000 ; Colorado.... 1M5.161 Connecticut, 689,180 Delaware... 145.0M0 Mississippi Missouri. . 2,200,000 Nebraska.. 452,000 Nevada . 11 Hampshire' 847J811 Newjersey.. uiwjow Florida 850,000 I New York.. 5.080J0O0 Georgia. Illinois. IndlAryt Iowa.... 8.125,000' 2,05(5.500 Onto 3,100,000 Oregon....- 175,585 'Penna. 4 200,000 Kansas..... 1,000.000 Kentucky... 1,735.000. Louisiana. . 20,000 Maine 646,000 Maryland anode isiana Z7tt.7io & Carolina. 875,i Tennessee. 1.550.1 Texas....;. 1,750,000 Vermont... 834,4 Virginia.... 1,600,0 W. Vlnrlnla 640.O Massacnusetts. Michigan... 1,600,000 Minnesota.. 776.714 Wisconsin.. 100,000 Pursuing the same method, that of close estimate and.' actual figures, the population of the Territories will show as follows: Alaska.... . Dakota... ... Idaho.. i'u.l I Arizona. 41.580 mm1 30,000- Dlst Columbia 174 000 '.Montana New Mexico TJtah.i. 144,000 Washington, TjBrrltojy .., Wjomlng was not doubted that the present enumera- ; ! -a, : '. i - A CARD. ' : ; - TO all wo Aro suffering fronv the- errors and lh dlsattons of yoth.: nervous weakness, early de- America. Bead at self-addressed envelope to the Be?. Joseph Trluman, Station D, New York Clty apr27-eodly4wlf m t mn A. TittSD OF TBK FAMILY, old and young,' ornh and I children, tbo great health restorer and preserver is Dr. Flagg! Improved Liver and Stomach Pad, that does away with medicines, and always puretu, wanted; Tjl a young man, wen recommended, natlya of ireaeu county, snuauon . some business house tn Charlotte. situation .as : salesman augft OBSEBTEB. BIDS will be tecelved hy the undersigned com , mlttee, for the1 building bf a brick church at Paw Creek in Meckfenburg Co., from this date to the' 6th of Sept, 1880 Drawings and specifications can be seen at Mr. , J. H.; Henderson's store,i tn Charlotte. Bids will be niade In writing under seal giving full name and address. - - Wn. TODD. - , , .& H.WEABN.: Charlotte, N. a Committee. . dfcw4w - : FOR SALE. ;1 property on the" corner of Sixth street the N. C; Ballroad. being the residence of GOvi Tance. Apply to " ' utwxWy.'-L ! tuAlBDBWEUvEsq.: .ang8rdw4wi ,07fi, Vfii yii,-s j t ; r WANTED, A SALESMiNto sell Coffees and Teas, only, In J, fM XV m the state or Awm carouna. - The proper prfy'1riufindVldfiabletua Letters irtenee.insftacmDany.tbd htt-1 Mtinn Address.' . A. V. 95.-. " I t1 -if jMi.'guA 'aea J aa.n i i.u.'k rjAOTZlfAwenpejnaii eraWe expertenceand iB-ade:! trort Iredefthd'adloiclne Ritaitlan id a stosi: ftcCUaflDtte iCait recomnendaUons. Apply for rnfftrpHitn fof In 1860-theruU9n..pf jwie . fixates 31,218,021 : in 1810, 38,155,505. i;ilS J"J inv mOO SUITS TO BE tl7.00&$16.00 " " We make a special ran and leading sale tor a few days only on FULL BLUE FLANNEL SU1T& Lot 5050, our celebrated ahd very attractive , havlaoneli Uxmd.FUnnel 814 8ult Is plaoed at $ia It Is the very BIQGIST Bargain ever offered, all wool in fabrics, Indigo Tlyed W edlor and superior to every partcular, sodurabie and a nea-radtng iqg to early Vail purchases, sod must have BOOH; lune 2ft 820.00 SUITS AT $13.00, $15,00 SUITS AT $11,00, $10.00 SUITS' AT $8.00. A Large Stock of SUITS AT VERY LOW Our 8tock must be reduced, as we are about SUMMER SUITS at 75 cents on the dollar. We 2Li. augl2 WE A MEW hT A.t 81-3 Jn1y24 NEWS FOR THE NEXT TWENTY D A ,YJS,..,,' To make room for our Fall Stock to be received by September 1st. augt IE '23 ! "'13, 0, UNEQUALED I ELEGANCE s' STYLE REASONABLE TKICES. ' . ' . W. KAUFMAN & CO. 8G ; . . -. i. y . ,i J ' '' fttKitttfi aowaiaaptt:&atlier eninaeBC. CaQ STAPLE ANI) iEANCV GROCERIES IN THE STATE.; . ; Vi , ;;.p6i,e .anici Prompt Trade r ppjal ly I nVitedv J the purest nd be ChMaists of nattoaal vepatatum noanuMod tt, as Prof, Doromus, of ew porf, Attention" of physicians ealied to tt PflADSES. C1LOSING OUT CLOSED AT " " suit The Best tW Bhw-nawneiSuit ever sold in this we WILL have It Our Spring Stock shall be closed, V; .. . Boy's aod Youth's Clotliin to purchase our FALL STOCK to make room for same. Now Is the time you ean purchase SPRING and assure our friends and customers that we alwas give them the benefit of the advanced season. Respectfully, . . . BEHWITCIEE 0.9 ' Clothiers and Tailors. FOE THE HAVE JUST RECEIVED 3 H A K 1 Cts. dnl 12 1-2 OUR EH-tlRE-STOCE: . i;n'l'ii! . I, . i ..'.;..'.. . "WE HAVE 5StOW r . i .i' - f f . T P - I f :"3T EL ; . 3" GU; T 8,wA'B- .Ik tU i tiij!i il :i: :i'lf;'i :i.iH,' , . .! fdriae bos amtistinwhbUtf fcoti'pmeeuen? MM 'mm -Sl- 1 "1 1 1 $15.00 $14.00 $12.50 market ;s noW selling jtt JJtsa Wo'are now look- for LffW PSlCSiS'cail'do .lt ' ' ' : ' - " - I'. It! for School. PIG U U E S. LADIES. M IE LAWKS OUT! OF 1 . ' i I!' l -I "it. i 'i IT ii. j ! 1 ELIAS & COHEN. a w . i't ; TT A '!. 1 hi 'Hi J- yi'i i-tii: i r AgeiHi for gTraiflBAKlsaHokB, m idoSers. SAMPLB PACKAfiB JBKM,Try,IU , am 4
The Charlotte Observer (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Aug. 12, 1880, edition 1
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