North Carolina Newspapers

Vol 2: No. ASHEVILLE, N. CL JTRDAY JIOBNING, DECEMBER 10, 1897. A V Price 5. Cents. OesfreGAgXHEHlLLIARD-- s colli : GILMER CASE fine Jackets and -V--ti it To offer you goodqt; atcer- tain figure, at whidafchiaam article can be had for; at: any time, but to call it uat half price" for special occasions.irthat :-t&?r faz you a bargain ? . In our store a $15 sarmentti a $15 garment marked- in plain figures for comparison against any and all competitors: ; . 1 If now we reduce l ame armeut to $9 25 doh?t you actr nally save $5.75? ' Or $1 25 on a $12,50 grarraent at $8.25? Do you see the point ? That's exactly the weft it m: The assortment is superior, to any. Rather a little too good ; one of the reasons why Ve have to sell these cloakw at a sacrifice. But you are welcome.; We posi tively will carry none ovei for next season ' Children's Jackets and Intants CIom ks have been . reduced. -to be closed out during the next few days . ; . :-: . OESTREIGHER 28 South Alain Street. Carried Away ! Our furniture is being carried away every day. We have a feta nice arm chairs on hand -now, - . Call and examine our $3.00 Oak Rockers. They are going very fast'. W. A. BLAIR. Phone 75. 45 Patton Ave. A. M. FIELD'S OPENING Brilliant Display of Gems and Jewelry in His Splendid Store. - - !t is hardly probable, that any .city Id the south can "boast of a display?, equal -to fkat made yesterday evenfng'. from 8 to 11 Jn the jewelry store of Arthur M. Field, o a patton avenue, i ; J. The store, wfilch fs magnificeiitly fitted UP with, cherry cases, mirrors, etc.,.. was beautifully decorated with jwreaths -of ododendrons "and large green lantsv -' Early in the evening Hhe clerks "wero ,ePt so busy that" in order to prepare" for opening, the store had , to t)e closed. At 8 o'clock there -was quite a large crowd Present and the rush lasted -un til-late;' Words cannot do Justice to-such a- noag-r "mcent display, nor have .we ipace here. to oodsf the beauty and vrity.?t-.,-tl1 Especially notable was the show window, whole jewelery store within itself: Ths devoted to cut (glass 'was -a -feature great attraction, too!-'- - v '"' ae brooches, pins, and Tings, mad,e field and set with' nsiUve stones, are rtiy of special notice. The collection of wuvenip spoons,, paper ; cutters,. took rxe, in fact everything one can'imag is soanethingunusuallyflne.-. litti 8 astonishing that s6. maur'bftautiful u"e souvenirs are to 'Be had slf cheaply, lorT line f everything supfposed. to be : ..t0 a- Jewelry store,, is to Joe- een, prices are most reasonaJble -dunii hin tne last ! year thei' has teen ... cune of 40rto 50 per Cent, in the price of tog test way is to go nd see for your- Decision Kendered'Jesterday Ewart." RestVaming; Order Against trustee j "Gilrner Ref useclir - His Bond Must . he :Increased ' 1 to $30,000. i And the Motion for a Receiver Con- . . tinued Till Feb. 10. Full Text of the Ruling in This Importani Cise . -Trustee Found to Have Been Active and ; Dilligent in Collecting for ,flie Estate. ' . ,- '. ,'. -' - ... . Special to the Gazette. - . Henaergonville, 'N.. Dec. 9. Judge Ewart rendered the following decision in the case of W. L. Henr, Indlridiially and as administrator of R. M. iHenry, decreased, Vs.; W. L: Hilliard, indnridually and as ex ecutor of James R. Love, deceased This, is an, applioatipn ifor- the. appoint ment of na receiver, to Imimediately take into hy' possession '.all the iro.jerty ana es tate real and personal of jAes R, Lpve, deceased, also that R. D.. Oiimer," trustee of the' jSaid,J estate, appointed by rbwn, Judge, .' spring ' ;termt':l.i53. . uprior cburt,. Haywoodcounii - oe - rcsla.-a. d from re- I ceiving -any further -sum es trustee or ad ministrator of the said estate or "from collecting any tribniesr due it, and also en joining . all other persons irom paying to ifye t said Jilmer any monies" 'belonging to the said es-tate. It is insisted by the per tftioners that the trustee, R. D. Gilmer, refused tot recognize the award ma4e by (Messrs. Jones and Boone and entered of record' in - the superior court -:M Haywood. county as of spring term. 18&5: that he with all 'cestui'-quitrusts were parties to j said proceeding and assented to. the judg mentonflrmingr.Uielawaid-tUih--eou -8ajrJJj It .ls-eii settled " rha wuxuvw iimu. auj icjuix ui xiio auiin.ii.in- tration since September, 1895, that. he is insolvent, that his bond Is totally'1 Insuffi cient, and that he has been generally nae- 'ligentUnd careless in the discharge of his duties ras truste'e and administrator. f To this contention the trustee replies: T-hat he has not disbursed tike funds in his liands under the award because said award Is so indefinite vague and uncertain in its terms,; and so many errors appear upon its face as to make it impossible for him to make : such disbursments without doing manlfeSi; injustice ! to an umlber"tff his' ;ces-tui-qui-trusts; ': and', without ' incurring labilities-Which he as trustee is not ' willing to iucur oinless "the- award is construed-by a court of competent jurisdiction. .-Thatjae has been, at all times faithul and . dilligent inrcoile'jting all monies -due the .estate., and -that i11? Hn. no. wise, been . guilty of any - carelessness ' of negpigence in the dis charge of his trust ;, that he 'is not insdivent audi that "his presenl:ftond; is,; amply good to- fully protect his cestui-qui-trustsV -'" . It-appears from the record, in this cause that the Jones-Boone award was confirmed b. Starbuck, judge, spring term, 185, su perior court Haywood county. This Judg ment was regular, vide iHenry vs. Hilliard, 120j N .C, page 499. It was expressly stated in the order of Judge Starbuck con Jlrmlng the award , that it was made by consent of all parties, including Gilmer, trustee. It further appears .- that' it - was not until the 7th of January, 1896, that Gilmer, trustee, discovered that 'the a ward was uncertain and. that the arbitra tors had" exceeded "their authority, and asked that it be set aside, the reasons be ing fully, set out in his affidavit filed 6f that date. This motion was refused by Tim'bar lake, judge, -and from this judgment Gil mer, trustee, appealed, and though the ap -peal was perfected and -docketed., in ,rihe supreme court, for some cause it was not prosecuted, out was dismissed on motion of counsel for Mrs.' M. E. Hilliard. Sub seciuentiy the motion to set ' aside the' a ward was renewed before Wyan judge- and the judgment of Starouok, -jufigeconfirm-ing the award of Boone : and -Jones, was vacated, set aside and annul ed as .to the defendantsfl , D. L. Love and.,T.- Loyj? executor of , John B. Love, deceased,' D. L" Love, guardian of t'he heirs of Jamts R, Lve; deceased, R. V. ."Welch, ' J. K3: Welch, gudrdiah - of iR. V. Welch, ' ILv M. "Wel'ch, adminlstT'ator x de bonis noh"; of "William Welch, ( deceased, the hfrirs-at-Taw of William-Welch, ideceased, heirs-at-law.- .of M. H. Love, deceased, M. Jl Branner, Love B. Gilmer, James Atkins and B1U B. Atikins, his wife.. From this ruling Hilliard appealed to the supreme court pd. that court in Hilliard vs. .Henry, .120 iN. C, oae 479, reversed the decision of Judge Itej: U appears that In.tbJLa proceeding Gilmer, trustee, was not a party of record. It t further, appears that in, tfce order-or Timiberlake. judge, made at the spring termi 1896, superior court JHaywood county, the motion of R. p: S&f further Instructions ras to l his hands as trustee was continued untn the., next term ; of the court, v It doesnot appear what beoame of this motion. er tainly so far. as the record goeit does not appear i to ever have been heard of again. It is apparent .from the t affidavits -filed n this case' thit the- awaM of Messrs. Jones and 'Boone Is extremely-unsatisfactory to tne majority, of the cestui-qui-trusts. , ? Affiant James Atkins, husband , of Ella u. Atkins, -says, "That -he has given consld erSlattention to the award and the.pa pers upon which it. was.oased and that he considS it" unintelligible .and . ror?"W. W; Stringfield.another dfthe J3&itf-iSroi.J :declares, W S i'congromerated ,oofTips v If not frauds." io. f w.etcn CWMlB.SeIl5f.-i: And ualntelligible, .fce tomany of the.partle." I stm'afoSeV.T J!SfS that -."he employed an t and. a lawyer of Dlllt TTd -lawyer-and ac- same, u hl illAl;llty to'do so.- -it appears indeed tha,t all-lise ceatu:-qui-trusts, except . Mrs. "M.-"- E. Hilliard, R. GA. Tjove. for himself and administra tor, S. A. "Love, H. !. Marshall and wife. Maggie I. - -MarBhall.. heirs-at-law, S. -L. Love, deceased, object to the: trustee dda bursinff any funds " inhis iaods till : the JonesBoone award -can .be ; construed,- It will, 5e observed that , nonea' of ..these ob jections i were made till months after ths award had been filed and judgment entered confirminff 'the same. After the decision, Henry vs. .Hilliard.. 120 N; C, in -which the judgment, of Bryan, . judge,- .setting , aside. and vacating the order, of Starbuck, judge. confirming the award, was reversed, a pe- tltien was filed by Girmer;, trustee, ifl the superior court, Haywood county, asking the court for construction of the Jones- Boone award. Practically it, was.. the same motion . that was made before Timoerlake, judge, - and . It appears to have been - con tinued and to have gradually merged into the motion, to vacate, set aside and annul tne awara vwmcin-i was suosequeniiy neara and ierroncHisIy entertained his. .honor, Judge Bryait Is not .this matter res ju6caUt.t'"'ed':'!beore Timber lake, judge, " that the award of ones and Boon- was so vague and uncertain as to make it 'unsafe for trustee to disburse any f u-nds under the said award,-and that gross injustice would be done the parties if suteh disbursements were made, vide affi davit -R. D. Gilmer. Jas. R. Thomas and other cestul-qui'triists filed in proceedings before Timherlake judge. But taie. mo tioa to vacate . the award for vagueness and uncertainty was refused and that an appeal ? was" taken from that decision to the" supreme court. It appears, that it was not" prosecuted - to a conculsion oy trustee. Had it been 4one so perhaps it would not have iSjeen necessary for this . proceeding to have been instituted. The motion to an nul and vacate the award Ws again re newed before -Bryan, judge, this time by L. 'M. Welcii and othf cestui-qui-trusts, and again it was alleged , on affidavit by Gilmer, trustee that the award was vague and uncertain in its terms, and that so many apparent contradictions and gross errors appeared on its face as to make it unintelligible and unsafe for him as a trustee to make any disbursements there under. ; This affidavit was supplemented by affidavits of J. C. Welch, guardian R. D. Welch. L. iM. Welch and D. L. !Lpve, each affidavit alleging vagueness and un certainty- in -the award. On these af fidavits Judge Bryan, as above stated, set aside the award. In so far as the petitioners were concerned, the supreme court in reversing his judgment alluding to the Jones-Boone award and its confirma tion 'by consent by Starfruck, Judge, says: "It Is not necessary, that the arbitrators shall decide or undertake to decide a7 matter before them according to law. Jt is said ; thev are a la-w unto themselves. OsoorneVs. Calvert, 83 N. C., 365, nor is it necessary that they set. out the facts upon which they base bheir findings or assign any reasons for their findings. It is said it is best f they should not do so. Henry vs Hilliard, . 120 N. Ci-479. . To set aside an award It mut appear -that there has been fraud, undue in fiuen'ce, or some improper conduct on the part of the arbitrators ;No such' allegations are made here, or if they are nothing-of the kind is found by the Judge who set aside the' judgment.'' iHeiTry vs. Billiard, 120 1ST.. C, ,473., In Kfng YsVNeuse-!MaiittfacturiBg-erapaty arbitrators are no more bound to go into particulars and assign reasons for their a ward than a jury is for their verdict." In Eaton vs. Eaton Re., Eq., vol. 8. Judge Pearson; delivering the opinion of the court, says, A1 mistake committed by an arbitrator is not of -itself sufficient ground to set a side the award. If an arbitrator makes, a mistake either as to law or fact it is themisfbrtune o f the party and there is no help tfor it. There is no right of ap peal and this court has no power to re verse the decision of the judges who are of the parties own .choosing." if mistakes be sufficient "grounds for setting aside an award it opens the door i'or com ing into court in almost every -case, for in nine case out of ten some mistake either of law or fact may be suggested by the dissatisfied party.". In. Lutz vb. Lithicum, U. S. supreme court -reports, 8 Peters 171, Justice Story says, in deliv ering the opinion, "It is said that the award- is uncertain. The objection is ill founded and the award must be confirmed. If " an award be good in part and bad n part and that part which is Tad "be not with in the submission it shall not invalidate that which is good within the submission." . Watson on Arbitrators, 135, Kyd on A wards, 244. Even admitting that there ar errors and irregularities in the award of IMessrs. Jones and Boone, I -am clearly of the opinion that this matter is res judi cata, and that there can be no valid reason why the trustee should not at once dis burse the funds in his hands to his cestui-qui-trusts under the Jones-Boone award. .Courts of justice afford large and reason able . oportunity to litigants to nave their rights and controversies cognizable in them and. settled according to law.. But it is a wise, just and " essential principle of the law that there must be an end to every lit igation. It would give rise to universal dis turbance, . endless strife and contf usion if records of judgments were at all times and individually under the control of the courts to the extent that .they might for one cause and another,, or in their arbi trary discretion modify or change them. With such a power in tihe courts 'a liti gant would never be. sure that his rights were settled. . That law suits should be ended In 'order Of judicial procedure is es sential to the. stability of government and the good order and well toeing of estate. In. this conclusion it must .."be borne - in mind that Mrs.. Hilliard and ..the heirs of S. L. 'Love, deoeased, - petitioners in this proceeding; ""insist that the award ;is per fectly intelligible, and that the trustee could easily make calculations showing what- amount is due to each of thefoestui-qui-trusts if he -desires to do so. Mr. W. W Jones,: an ' experienced and : aWe lawyer of the' Ashevine .bar, was one. of the' ar-. "bitrators in the case under consideration. In "his affidavit filed and read before Judge Bryan he says, "It is impossible and im practicable for . affiant to - enter into details of. -the various calculations v arid evidence toy which they " arrive at their conclusion owing to the. greatness of the. same.' But the said award shows the -basis and1 the result of the Conclusion arrived at by him self and the said - Boone, his co-arbitrator, and from. it they believe any man of ordi nary Intelligence can by a simple mathe matical calculation ascertain definitely - the exact amount to whlcli each of the parties are entitled - out Jof the funds in controver sy,' and ' .that the affiant believes that the exhibit hereto, attached will clearly dem onstrate the same, said exhibit being herete (Continued on Flf tb Page.) 5' 'J7iig .. , The .line opened today are he best-that can be had lor the money. See them before you buyJ--J. Law, 35 Patton avenue. 259-2 .."' ' '- i - i - Stable ' for tent near Hotel ''Berkeley. Also one set" of hand-made double , tar n ess 40. $10.00:i-S. HL Chedester. : SOUTHERN AND The Two Eailfoate Adjust Their Differences. State Loses Its Case ill the Smith Island Suit, . North . Carolina Exposition Car is Nearly Ready. A New professorship in Wake Forest : V College. v Large Expenditures for Special Counsel to As- ist tjwtorney-6eneraI--New. Trial Granted to an teged Incendiary. Special 0 the Gazette. Raleigh, Bee. 9. The Morning 'Post re - - - - ceived ttnight from official sources! a statement signed by President Hoffman of the eaboard Air Line, and1 President Spence?' of the Southern railroad, stating that the Seaboard and the'Southern had adjusted' all differences growing out of the independent action of the Sesboard. Judge " Purnell has written . his de cree. m the suit . he heard in Wilmington last week, where the title to "Smith Island" . was . involved. The suit was the government vs. T.;1P. Deveraux, trustee, .and others;. There Are about 1 acres- on the island, and the growth there is almost tropical. It is very valuable and the decree was against the government The island is at the mouth of tlhe Cape Fear river, opposite Southport. . .. Rev. Mr. Stringfield, who . is collecting for the Baptist Female university being built here,-has gone to the Baptist oonven tion at Oxford. He will report the col-, lection $aiZ,e0Q-this year and the. necessity, of aJs1ng Y,tKrnroT9rtltfe conrpfetioo of the building.- vHe hopes vp. make some good collections at the convention. Judge, Purnell ihas issued ah order trans-, f erring all criminal cases froni the circuit court to the: Raleigh district court.' This hits (Mr. Riddick, who has been the; clerk here for so long, and gives the fees' to J. B. Fortune whom Judge Purnell appointed as district court clerk. Professor .Massey of the Agricultural and 'Meehanicla college, has resigned the posi tion as botanist and etomologist to , the pest commission. This commission fiieets here next 'Monday. -. The North Carolina exposition car is neafFy ready to start oh its tour of the sbate. Those in bharge here have offered to allow the "St. Luke's. .Circle" of Kings -Daughters to 'take charge and exhibit the car for 10 cents each. This money will go towards the 'jOld 'Ladies Home," a noble charity, which is in the Care of this circle. a". The sentence of Judge Adams at Greens boro for the execution of Senly Ryan, the wife murderer, to be hanged (December 23, is one of the quickest results of an ar rest and conviction ever known. The man .seems perfectly indifferent to his fate. ; George Cobb, who Is the mian in Eliza beth City, who bopes for - .the collector-, ship, is being pushed for the'- place by Harry Skinner, and he 'declares that un less Cobb is appointed it will mean a dem ocratic congressman for the first district and a democratic legislature. The trustees of Wake Forest college will meet in Oxford during the conven tion and take steps -towards establishing a chair of history and political economy- at the college. Prblf ISikes of Union county, will probably be the one -chosen for the place. About twenty-five Baptists- will probably go from here 'to attend the con vention. v ' There has been a good deal of comment that special counsel has been employed at different times in unusual - .cases. The records have .been thoroughly searched and ft is found that in many cases special counsel has been employed to assist the attorney general, and since Governor Vance's time up to the present there has been between $40,000 and $45,000 expended in fees for special counsel. - The supreme court, decides In the case of J. IL. Graham of (Newton; who was con victed of burning his house to get insurance money and fined $400,- that a new trial be granted him. ; The . 'court affirms" the de cision of the lower court m- the case from Yancey, where Riley Pate,- a , youth of eighteen, skilled bis .companion, aged . fif teen. It is a pitiful end of two, lives from drink. . PROF. RHTEH DEAD DIED SUDDENLY YESTERDAY AT WEAVERVILLE- He "W as a Member; ;xf the Faculty . of WeaverviJleOoUege and in His -" SixtyiSecon4Year.:'; , . Weavervllle,'' iDeb." SL--At tie assembling of the' school this morning at eight o'clock in tbe college, chapel the announcement of the death .of Prof- Rbetm was a shock to the students; and- the. -tolling ,.ctf , the col lege bell Immediately afterwards was the first sugestion .o?the communltar general-, ly that death bad "invaded the village. At about; 6:30 - o'clock ' this morning -prof essor John. E. : Rheim died ' suddehr of heart trouble at bis resideace here.1' ,The profes Bor had been in his usual health until yes terday, when . feeling somewhat indisposed mm :-fi r r m mm' T 1 II U 1 1 11 II I rrrastam he called in Dr. LJta. Reagan. t His condi tion -was not considered rat all alarming and in. fact the professor rose this morning intending to enter upon the duties of the day,, when he suddenly fell oh the floor and iy. expired. The funeral services will deeur at he . village church tomorrow afternoon, at three o'clock and the '"re mains will te interred, at the cemetery iiere Prof. Rehim was 61 years of age and; a na tive of Craven county. -He formerly lived and taught. school at Burns ville for many years, and from that place he removed here in 1888, having been ! elected to fill the chair of natural science in Weaveryille college. Prof., Rheim was universally be- oved and , esteemed and his death is a great sorrow to the community. The good Baptist people hereabouts hav ing determined some time since, to build a house of worship here have begun in earn est on; tha work.' The edifice is to be -commodious and located on a gentle eminence In the edge of town, the tall spire reaching up about one hundred feet will add to the village an imposing feature. This has long been known as a Methodist strong hold, but there area number of Baptists in the community, and they need a church here. Rev. W. W. Jones, the minister who has been preaching here, is universally popular among, all denominations. Ser vices are now held In the college chapel and are well attended. Large quantities of pork are passing through town, having been offered for sale at Asheville, where prices have dropped to figures less than the farmers will sell for. So they are taking some of their hogs back home. One farmer said that the best offer he could get was three and a half cents net. The many friends of Mr. Nat Taylo ChamJbers, and their name is legion, will be glad to hear that he and his admirable wife are soon to visit friends on Reems Creek. Nat is now editing a farm in Green county, Tenn. JOHH DONALD OTEROH DEATH OF THE VETERAN JOUR NALIST YESTERDAY. A Prominent Citizen and Champion of Progress in This State Gone to His Rest- Col. John Ikxnald -Cameron ,'the veteran journalist, after suffering from" ill health for more than four; years, died yesterday at his home, t'he Villa, on -Haywood street. The end came at 8:55 o'clock.- The news of Col. Cameron's death will bring sorrow to a host of the (friends of a man who, in the newspaper profession in this state, was its motst conspicuous representative for many years. The greater part of his life was spent in "the use of his able mind : and ready "pea ia' h-Work, of assisUhg-tbe-materiAl and intellectual development of North Car olina. ' No mafT was better informed or more able to express his opinions .with con vincing force, regarding all matters per taining to the affairs, of this state,, and his "Handbook of North Carolina," published in 1883, and distinguished at the World's Pair was largely his Work. "Col. Cameron was a man 'of principle and a gentleman in the best acceptance of the term. Though very positive in his convictions, was not hrash or uncharitable in his criticisms. Those who differed from him acknowledged his honesty, and ' his personal friendships were many. Col. jCameron was 77 years old on the 26 th of last October. He was born in Fay etteville, 'N. C His lather was John .A Cameron, a prominent lawyer, democratic politican and editor, and in 1832 was con sul at Vera Cruz and afterwards judge . of the western district of Florida,. by ap pointment from President Jackson. Mrl Cameron .perished at sea fn June, 1883; in the explosion of the steamship Pulaski on its voyage from Savannah to iNew York. John D. Cameron was educated at the Episcopal school at Raleigh, 'N. C, the Flushing institute on :Long Island, .N. Y., and at the university of North Carolina, graduating in 1841. IHe studied law, obtain ing license in both the county and supe rior courts, but did not "engage in prac tice. For a time he was a telegraph op erator at Fayetteville, at Raleigh and Hills boro. 'During the war be was on the staff of "Gen. Joseph 'E Johnston, as lieutenant colonel, and was assigned to duty as tel egraph operator at IH'illsboro, In 1872 he purchased the Hillsboro Recorder; While editor of that paper he was called to the editorial charge of the Raleigh News, which position he held, in connection with the Recorder for a period of eighteen months,, when he retired from the News. During 1875 and '76 he was .chief con tributing edtitor to the iFaraner and 'Me chanic, an industrial - paper' published in Raleigh At the session of the general as sembly of North Carolina of. 18707 he was elected principal clerk "and was, re-elected to the same position until he' had ctecupied it continuously for twenty fone years. In January, 1882, (Cot. Cameron sold the Recorder, which be had removed from Bills boro to Durham, and came to . Asheville, Here he asociated , himself With . Messrs. Furman and Stone' m the conduct oif the Citizen, "then a weekly paper. The paper was at once made a seinl-weekly. Col. Camera's -latest newspaper- enterprise was the Commonwealth, wiich (he published in AsheviHe for a ' few months in 1893. On the 9th of November, 1848, CoL Came ron married (Miss Rebecca (Waddel, daugh ter, of Francis N. Waddell of Hillsboro, N. C.V and wafc a great grand-daugEter of Gen. Francis Nash, a" revolutionary officer, who was ' killed at ' Germantown, , Pa. To. Col. and Mrs. Cameron five children were born three of whom died in infaricy. The two surviving .children are Mrs. Catherine Mc Queen Cushman, wife of Walter Cush-? man, esq.; of -this city, and Miss Mary R. Cam erpn, also of Asheville. , ; ' . The funeral services will occur this af ternoon at one o'clock at Trinity !EfplscopaI church, Rev. McNeely DirBose officiating. The active ipallbearers will be Dr.' J. -A." Watson, Dr. John IHey Willianns, F; Aj Sondley, J. H. Law, E. Coffin, Henry Red wood, T. R Yeatman, Theo. 5, DavidMm. The honorary pallbearers WHbe CoL Allen T, Davidsott, J. L McKee, T. . C. ' EL Dukes, John Pr Kerr, iGedrge W.iTiToift Frank ! B. . Robinson; John ' P. ; lArthuri iames H.: Merriroon, Cc4.,; James M.--?tay. The interment will be. at Hillsboro,- N; C: , HEADQUARTERS FOR Novelties in sterling - silver. Almost - ar entire new stock' of all 'new designs. Pure silver "full weight and Twicfes-that mean bueimess. J. H.. Ijrw, 35 Patton. avenue. 259-2 1 " r- tr K. HAVERMEYER CRITICALLY ILL The Sugars Jriing's Condition Said to be Very Serious. A Constable Lynched by Miners in ( Arkansas .. . Mob 61 Students in Paris - Shont "Down With the Senate." Judge Van Wyck's Successor on the Bench Elected. The Crusier Marblehead Safe at Port au Prince - Senator Hanna Better A Gas Syndicate's Purchases." New York, Dec. 9. It is reported this afternoon that the condition of Henry O. Havemeyer, the sugar king, is critical. He was compelled to undergo an operation some time ago for appedicitis. The wound never healed and i has 'been, impos- sible to sew the edges. The patient is compelled to remain in one position and it is said, he bas lost all courage, His. general -physical: condition is Tery.v serir ous. r HANGED BY MINERS. ' Little Rock, Ark.,' Dec. 9. James Mur ray, acting constable of Jenny Lfnde town ship, has been hanged by a mob of rntn-; ei-s and his . body riddled "With bullets'. Murray and a companion were returning from a political meeting. The body was discovered by the roadside near the Bonan za mines today.. (Murray's hands were tied behind him. He was choked to death by the noose. Miners at the feonanza ac knowledgedr partieipation in the lynching. iluiuuo mcuvn ojUDENTS. ' . ?aris, Dec. 9. A mob of students made a demonstration this afternoon in front of the Luxembourg palace where the senate sits, shouting, "Down -withv : cheurer," ' ' "Down .with the. senate."" The students were dispersed by the police after a sharp skirmish. 2 VAN WYCK'S SUCCESSOR. -New York, Dec. 9. Justice James Fitz- siinmoiis wasHosay eieciea cmet justice Ox -' MARBLEHEAD ARRIVES. . v , Washington, (Ded'S. The secretary tiie navy this' aefnqnr received a cablet" ;-z'xj gr&m from. Commander. MeCalla of ... te ."'.-i' cruiser . (Marblehead,. announcing (his safe l arrival at -Port au Prince. BUYING UP GAS COMPANIES. New Yprk, ,Dee. 9.-it is announced .that the New England Gas and Coke company has bought a number 'of "Smaller as com panies. The company - has already spent fourteen millions. HANNA IMPROVING. i ' .... . - Washington, Dec. 9. Senator Sanna and Representativxe Belden are both reported better today. They "were able to receive VisitOrS. rr- - ' ; Try our .peanut brittle, made fresh every day. The Alcazar, 82 Patton avenue. A Grand Illuminated Display of Jew-, J ry and Silverware. Thursday evening, Dec. 9th, from 8:00 te ,. , vr 11:00 o'clock. ''lit i making tbe annoujicement for, our openicg at the beginning of this; year'a L joyous season, when it Is the beautiful , , I'fcustom of.allT'tove substantial . tokens ., ' ' of . love and esteemj .we wish to: say' that never before, in the history of the Jewelry j business, nave prices, been so low, and ' ' tbe beauty of design, so simple, and yet ho" elegsnt, as at the present perio j. .-i. . '(" H. rrke tTe iierer leen so low zr ttejr , are, this yearan4 we believe that L00.v will buy as n.urh, on the average, as 3.00 , would five, years ago. r. . - -'J-ff We have many beautiful things, rang-y ' ing in price- from twenty-five sents lip- . wards, and If you wUl give us the honor of . U". . a coll, we will be pleased to j show y ou hundreds of tiirgs, exfluisite; in design -and at prices that will astonish youv v", pur! first Xhtm lnaied dispiaj becur j . ,'. oa''Fth. ; evening of 9th. from S':C0 to 11:00, and we nope tbut I you; wUl-tavorus .wW.your preaen.ce Leading JewelerV Cot, fchurch SC and VaU ;&Ja ton avenue,-Asheville, W. X-' .-'' v-, ' 1 .:. ., ' countani. a"v i. , v t ? j ,