Home and Democrat.
CHARLOTTE, N. U.
FOU THE HOME AND DEMOCRAT.
Tir KJit.nr .'The second meeting of
m;i,p11 S,;,ntifio Societv at our Uni-
. , , 0
versity, was held last Saturday evening in
the iJiolocical lecture room, it was iunjr
as interesting, to those present, ab was the
first. Altogether the prospects of this
Association tor amusing aou iuwu"j "b i
. XT 1 f
nabits ot ooservauon oi xtu.c, .
recording observations are very satisfac-
tory to its Associates. Assurances of a
ye" from. Pi of. Venable of the University
Ot Virginia, now travelling in j2urupc.
. ' . 11 " V I
Prof Venable recognizes in this Associa-
lion a fulfillment of his own hopes, and ef-
forts to awaken a proper interest in Scien
tific researches in our Southern States,
efforts that have been hitherto ineffective.
"To do good and to communicate" is
the motto of the Mitchell Society, and
wherein can more good be done than in I
teaching our young people to see
"Sermons in stones books in the running brooks,
And good in everything."
At this second meeting of the Mitchell
Society essays were read by their authors,
"On the Ptolemaic system of .! orld
and the circumstances attt ti lit.ji i s p"P
mulgation," by Prof. Graves; "On artifi
cial Milk, Butter, Leather, etc.," by Dr.
Venable;- "On the Southward growth ot
Florida," by Prof. Holmes; "On the
Primitive Rocks, and their relations to
their successors " by Prof. DeSchweinitz.
A paper on the Reversion of Phosphoric
Acid, by Heat, and Notes on the fine-
grinding of Phosphates, by Dr. Wm. Bat- J
tie Phillips, Chemist to the Navassa Com
pany at Wilmington, N. C, was read by
its title.
Prof. George Mitchell of Peace Insti
tute, came from Raleigh to attend this
meeting of the Mitchell Society and
nrnminerl. fnr fnt.nrA mfietincrs. accounts of I
hia own fikillfnl and wonderful researches
with the Microscope. This co-operation
is the more acceptable because Prof.
Mitchell is of the same family with our
own Dr. Mitchell. Both are descendants
of Experience Mitchell, who was to have J
Ba;ial frnm T.ocIm mUh tho flrot Pilm I
colonists in the Mayflower. The sickness
of a brother detained him so that he did
not reach the colony till "the good ship
Ann" brought the third detachment of
emigrants to the ice-bound shores of Mas
sachusetts. 1.
University of N. C, Dec. 10, 1883.
George Washington's Hatchet for Speaker
Carlisle.
The following description of a design in
flowers that was sent to the Speaker of the
House, on the day of his election, will be I
of interest to our readers:
It is a gavel in the shape of a George
Washington hatchet, which rests upon the
mossy stump of a tree in such wise as to
leave both sides of the blade and handle
entirely exposed. One side is of exquisite
flowers and the other of satin, nnely
painted in oils by an artist of talent, who
originated the design for the decoration,
the inscription being composed by one of
the donors. Through the center of the"
blade appears in illuminated letters, in old
English text, on white satin:
"May eye be keen as blade of hatchet,
When worthy members ris to catch it,
And rulings true as steel to match it,
All lawful business to dispatch it"
On the left of the inscription is the
trump of fame blowing out gavels, and
beneath it on the left is a little nude
George Washington, hatchet in hand, cut
ting down a cherry tree. On his right
are a larger hatchet and a felled tree. In
the upper left-hand corner apj; a i .gainst
a sky background the dou A 1 he capi-
tol with a waning moon in the trw'. and a
rising sun in the east. In the centre part
of the handle, on a white satin ribbon ap
parently twined about it, is in German
text, "G. W., to the Speaker XLVIII
Congress, greeting," and below that is
painted a large mallet, the hatchet on
which all this is painted is the size of
hatchets in common use.
On the card of the ladies who sent this
appears the following advice as to how to
wield the double-ended instrument:
"For noise use hammer end as gavel,
And blade when knots you cau't unravel.'
Report of Cotton and Grain.
The season for cotton picking since the
occurrence of frosts as in gathering of the
bottom crop has been quite favorable
Local estimates of the aggregate product
have not been diminished, and the general
comment has been comparatively hopetul
Indications of December returns favor a
reduction of about thirteen per cent lrom
the crop of last year. The percentage of
the crop now indicated for the harvest of
1883 is as follows: For Virginia 75 per
cent, North Carolina 87 ' per cent, South
Carolina 76 per cent, Florida 95 per cent,
Georgia 82 per cent, Alabama 84 per cent,
Mississippi 88 per cent, Louisiana 92 per
cent, Texas 90 per cent, Arkansas 83 per
cent, lennessee 102 percent. This report
points to a crop of about six million bales.
It is possible that the cotton movement of
the year may pass that limit.
The returns of corn production is more
conservative than those of October and
November from injury to soft corn from
moist warm weather. North ot the 40th
parallel the corn that has been cribbed is
in a worse condition than for many years.
The proportion of unmarketable corn is
therefore large. The final estimate of the
quantity produced will fall a few millions
short of the indications of previous re
turns of 23 bushels per acre. This esti
mate relates only to the Quantity and
makes lo discount for the inferior quality.
which will seriously increase the practical
Buoriaire.
i . -
Tho lnoooa frrv. i.:.. :
'
injury of soft corn from mild and wet
weather arA treated na alt ar- kawmt nn.
siderations. An investigation will be
made as to the extent of such injury.
The wheat aggregate slightly exceeds
four hundred m Ilion bushels.
The oat crop is abont 4 per cent larger
man mai oi last year, and exceeds five
nunarea million bushels.
ine yield ot rice and barley is a little
less than in 1882, and buckwheat is re-
duced more than one third.
The December report will include a re-
wru oi acreage prices wnicn are also mdi -
vawuus vi me quantity grown.
deep interest in its work were received publicans is now regaratu as mere uajr
P,f .id, Oil-. . of the John. Hop- J-PjbjJ U b,
AViua uumciduI) "u j c i aver
f !i
A Suutfieru Outrage.
T'u : xr..n,a Kolnn a Southern
newspaper a,d uncompromisingly Demo-
. F i!i .orniahin hri I
iuo Juuiums xicwo i
. " Z'.u "I ,;k. ,n'.f,P
1 T 1 fm 1 ft WWII II lf'M U IIII III 1 1 I I li IYTAr)VLJarV I
Kl UfUltU III W1DU vuuviivu.i. v
camnaiffn literature of such rabid sheets as
the Chicago Tribune, Cincinnati Commer-
cial - Gazette and Philadelphia rress; dui
a w or inju8lice pas
without notice and condemnation, vvnat
ever unprincipled politicians may say, the
white people ot the South are the true
proofs
, . . a '
Ul LU1B aOBCl tlUII OIC BU UfCi n uvitu'- -
C I, : . ! .. Ann.nilialmllKT t
wfao hag carefally and impartially
investigated the past and present relations
ef the races, that the old slogan ot the Re-
mitraorea mav have Deen commuieu I
jn tj,e sOQlh have been caused by the in-
cenaiary leauersiup 01 a w puntivm.iD.
1 - T 1 1 ! f ... .litirtliii. a ll
wmte ana coiorea in me pay ot iU
YVJ.K I
j a
ism ana iron oies, ana mey laueucu uu
' . , V ' ... t
flourished on the contributions and votes
jij t nQaa
01 men ueiuueu lunuweio. iu i "'k' I
the poor blacks have been urged to deeds
of violence and riotousconductjwnicn nave
lnvariablv met with Dumshment. lnesel
iea(jer8t however, almost always kept sale-
ly in the rear, and escaped to reap fresh
spoils out of the false testimony they were J
capablo of contributing or bartering to I
those who wish to use it to fire the North
ern heart, and thus prejudice the Northern
mind, so as to reuder lair investigation
and honest judgment all but impossible.
We desire to call special attention to the
action of an intelligent and representative
body of colored men that met in this city
during the past week. It was the Execu
tive Committee of the rarmers' btock As
sociation of South Carolina, the Farmers'
Industrial Free Will Company and the
Knights of Labor (all colored), of Georgia,
Lolored me, engaged in building up their
;Qiividaal and material inteiests. and ad-
vancing the moral and social condition of
their race. After attending to the financial
affairs of the united committee, which were
found in a healthy and satisfactory condi
tion, and re-electing their Purchasing
Agent, they complimented their people tor
their promptness in paying their debts and
had letters read from several prominent
citizens. Then the
following
resolutions
were adopted :
Whereas. The best ol good feeling
for the past five years has prevailed
between the whites and blacks; and
whereas, the proinut action ol the wtate
citizens to relieve our people who sufler-
i i
ed in the late fire in this city, is a bright
evidence ot their lrieudship: be it mere-
evidence of their friendship;
fore
Resolved, That we return our thanks
to them for their kind sympathy for our
mj
people.
"Resolved, 1 hat we do recommend to
our people, for the best interests of our
race, not to be tied to any political party,
and that they vote as they please."
This was not a meeting of paid politi
cians, but the independent, outspoken
representatives of the better class ot
colored people ot this section, and was
not secured by any persuasion or promises
on the part of the
whites. Savannah
News.
Romantic.
Covington. Ky.. has
a sensation a
story to show that truth is stranger than
fiction. A West Virginia young man
went to Cincinnati and enlisted in the
Northern army, leaving his wife and
children. He was reported dead. Her
house was burned by the Confederates,
She removed to Covington. Her little
boy she placed in the orphan asylum
He was adopted by a wealthy old couple
in Dayton, Uhio, and she lost all trace oi
him. He was raised in luxury and educa-
tea, out at ms majority was ieii penniless,
his benefactors losing all they had in the
world. Then he drilted v est. lhe hus
band was in prison and not dead, lie re
turned home and found no home. No one
could tell him of his wife and children
He went to Nevada. He got rich and
went to San Francisco. Here is the
sequel :
"One day a young man entered in re
ply to an advertisement for a book-keeper,
A resemblance between himself and the
benior proprietor was noticed, questions
were asked, and from the replies given it
became apparent that it was the son of the
banker who was seeking employment,
The young man said he never knew what
became of bis mother, lie was made a
partner in the bank. Atterward a man
named Warren, who had left West Vir
-
ginia in company with the banker to en
list in the army, dropped into the bank to
get a check cashed. He recognized his
old army friend, and after a short talk
asked him if he did not know where his
wife was living. The banker became agi
tated and said he had supposed her to be
dead for many years. "Where is she liv
ing? he excitedly asked. "In Coving
ton, Ky.," was the answer. A telegram
was at once sent and a reply received
from the war-widow of twenty-one years.
Then the banker went to Covington, and
there was h viyous meeting.
2dtf" It gives us pain to find the North
ern Methodist Bichops using harsh lan
guage towards the South in their late mis
sionary meeting, ine secular papers i,e-
pubhean in politics, are dealing in a large
measure fairly by our people. It is to be
deplored that the Benior Bishop, Simpson,
fell mto such exaggerated description ot
imaginative scenes a9. tollows : "Bishop
Simpson said : 'I will confine myself to
the question before us the Alabama Con
ference, and what appropriation it should
have. Four years ago we held Confer-
ence at a camp-meeting in the woods.
.
The Ku Klux were within hearing dis
tance of up, and we could hear their yells' "
And even such a balanced, sturdy man as
editor Buckley loses his polarity, and
rants as inconsequentially as the flight of
a leather-winged bat. h.x-editor iowler
was in New York, and his superb and
erratic soarings (as if borne aloft to wide
realm of iufinite fustian
by the ohait
genius of Victor Hugo and Os.ian,) must
l hoi'ti net nvnn lhA n nnmnir hnsipr n.nl
. . . ----- t & . ----
i.i . - i r ii . - - I
int practical oucKiey io prancing. men
mond Christian Advocate.
I ' 1 '
Medical men have for some time
arrived at the conclusion that consump-
tion is infectious. The matter has been
I taken np in a very practical way in the
German army, in which the disease is
I stated to be very prevalent. All soldiers
I suffering from it are isolated, and, to pre-
vent any possible infection, on no account
are thy to be allowed to associate with
patients suffering from pneumonia or acute
bronchitis, while special means are to be
1 taken lor tne disinfection ot tne sputa in
intectioua cases.
1 1 J J . I n . .
e U h ml olts c 1
State News.
v. . uauney, ui uugvuu
Va litis accepted a call to Caatanea
ITT T-k-i -f n.:
and Unity churches of ' ecklenburg l'res
'
j -
tW The
November number of the
Bulletin contains an illustrated descrip
tion of the State's display at the Boston
Exposition. You can obtain a copy by
writing to Mr. McGehee, Raleigh
2 The Raleigh Chronicle says Hon.
Henry Watterson. of the Louisville
Courier-Journal, will deliver the annual
address before the two societies at the
University at the next Commencement in
June. u
fegT" The recent sale ot swamp lands by
the State Board ol Education brings about,
tiftppn r-.pnia oanh in thp sp.fionl cmldren
0 the State, and the apportionment will
ot! raaue lmmeaiateiy to me several cuuu-
J i- . i .i . 1
ucs.
HT Dr. r. A. Lh. of Walnut Cove,
Stoke county, has the boss hog of the
. - . r
season in the shape of a live-year old Polin
n. . T, . " , F. 1 oi LQ ,,. i
China. It is 9 feet lonjj, 2 feet thick and
, jv. ... l.:u ..n: . l i u . nnrt
awe Une who seems to be posted in
such matters says it is yet decidedly too
early to set-out trees that the sap is now
dead in them, and they will never come to
anything. He says about the first of Feb-
ruary is the proper time to transplant
them. Wil. Star.
iSf Miss Addie Alexander has enter
ed this office as an apprentice to learn
type-setting. We are glad to see the girls
of our land laying aside pride and Bhowing
a determination to be independent. Learn
some business girls at which you can earn
an independent living. Lincoln Press.
A gentleman who came down with
the party from Boston tells us that all of
pertv of s!rae kind in the State. One ma..
invested as much as $30,000. we hear.
The men who didn't buy anything were
newspapermen, wnythey didnn masy
investments requires no explanation.
Raleigh Observer.
A Good Chop Report. Mr. J. T.
Lewis, who lives about three miles east of
Toisuot, Edgecombe county, has handed
in the following report of his crop for ihi.
year: He ran four plows and made 60
bales ol cotton, 150 barrels ot corn, 300
bushels of wheat, 441 bushels of sweet po
tatoes, 150 bushels of oats, gathered 100
bushels "i i ari and left at least 400 in
the field. Pretty good.
Here they Come. Col. Edmund Jones
ot Lenoir, was in town Monday on pro
fessional business before the Probate Court.
By the way, he will be a caudidate for
the congressional nomination next year, as
will also Linney of Alexander, Cowles of
Wilkes, Mcurayer ot Cleveland, and, in
fact, Bomebody from nearly every county
in the district. At this time it is hard to
tell just where the nominating lightning
is going to striKe. morganion moun
taineer. Hearty "Tar Heelers." Sheriff
Johnston was at Simpson's store last week
collecting taxes. The first man that
stepped up and paid was Barney Troxer.
"How old are you, Mr. Troxer?" asked
the sheriff. "I'm 89." The next that
came was old Billy Neal. "How old are
you, Mr. JNeal?" "85." The next was
old man Billy Bennett. "How old are
you ?" "S4." And the next was old 'man
Lewis Joyner. "How old are you ?
"I'm 80." Old Rockingham is full ol just
such old daddies. God preserve the breed !
lieidsviue limes.
A Queer Place for a Watch Charm
Mrs. John Ottoway, living north of the
Wilmington & Weldon Railroad, killed a
chicken a few days ago, when she found
imbedded in the gizzrd
ot the lowl a
inch and five-
watch charm, about one
eighths in length, three-eights of an inch
in diameter, and one inch and one-eighth
in circumlerence. The charm was shown
to a jeweller and pronounced by him solid
gold, though he had no acid to test it. It
certainly has every appearance of gold
How the charm came m uch a queer place
as a chicken s gizzard is now the question.
Wil. Star.
Another Fox Stort. A colored wo
man living on tne Kan road about one
mile from toTn, heard the screams of her
little child and immediately ran to see
what was the matter, when to her utter
astonishment she found that a very large
tox had bold ot the child, and was trying
to carry it off; and it was with some diffi
culty that she succeeded in rescuing the
child and in killing the fox. The mother
declares that if she had not been at home
the fox would have killed the child and
carried it off.
Since writing the above, we learn that
a fox attacked a dog in the yard of Mr I.
is. iiawiey a lew nignts since, we won
T- TT t f r
der what is the matter with the foxes,
Did anybody ever hear the like. Fay-
etteville Observer.
The Horrors of Russian Prisons.
The Paris correspondent of the London
limes h"ts received and forwarded to hi
paper a second missive, which was writ
ten in his own blood by a prisoner con
fined in the Tronbleskoi bastion at St.
Petersburg. It describes the infamous
treatment of the prisoners, and says the
little food they get is often mouldy and
sometimes putrid, that dysentery and
scurvy are prevalent, and that the doc
tors hesitate to approach the patients for
tear ot contagion. 1 here is very littl
! r m .
medical care ot the prisoners, who rot
away and exhale the odors of mortifica
tion before life is extinct. Many go mad
in coneequenee of their sufferings, and
wnen mey exniDit violent symptoms are
strapped down and terribly lashed with
the knout of the keepers. Throughout
the night fierce yells resound through the
galleries of the dungeon. Prisoners have
in their despair and agony committed sui
cide by dashing out their brains against
the walls. The treatment of the women
is too horrible to be named.
The only fortunate ones are the few who
have money and can purchase some degree
of kindness
lhe prison swarms with
I . - j
rats, and one woman with a babe in her
arms was compelled to fight night and
aay io prevent them lrom devouring it,
The use of soap and combs are forbidden
and the prisoners are literally devoured
by vermin. Prisoners are tortured upon
the most trivial pretexts, and women are
I known to have died under the lash. The
I writer pathetically appeals to the civilized
I woria iu Den ait ot the women, whose situa
"on is iar worse than that of the men.
331? Mrs. A. C. Pond, a sister of the
famous Sara Patch, whose last leap was
over the Gennessee Falls, N. Y., in which
tie tost his tue, died in Petersburg Va.
I last weeK.
o tiife ; a d & e ia-o e
The National Banks.
Dear money makes low value-. Cheap
money is accompauied : by; good prices.
By cheap mouey we do not mean a! worth-
ess currency, for that is not good money.
but rather money which can be had at a
ow rate of interest. Whep we say; corn
is dear or cheap, we mean good corn; it is
the same with money. One of the draw
backs lrom which the South ha3 Buftered
ever since Confederate currency was
wiped out, has been dear money. No
matter how cheap, this? article imay; 'liave ,
Deen at the IN orth, with us it has ever
been dear, because scarce, .and, because the.
security our people have had to offer for
it was not of such a character to draw it
rom the money centros, where it is i not
needed, to the South where it is needed.
t must be recollected th-it the South be
gan business in 1865 without a cent of
urrency, and we not only had nothing to
sell, but we had everything to buy. Our
arming implements were worn out, our
stock was used up, our houses were un
urmshed. We needed everything, and
had nothing to sell. Since then we have
had good years and bad years, but on the
whole we have won currency from those
who owned it. We have accunjulated
ome mouey. 13 ut yet money is still dear
with us because too scarce for our needs.
Connecticut sells her 3 per cent bonds at
a premium of nearly 7 per cent. North
Carolina's 4 per cent are at 20 per, cent
discount. . .
The established rate of interest among
our citizens is eight per cent olten a
bonus is asked, making, the rate ten per
eat. That of the banks is generally
welve per cent although some ; of the
tronger banks ask only eight per cent.
This shows that money is still too dear.
We speak merely for North Carolina.
Heretofore we have often advocated
changes that would enable the banks to
end money at cheaper rates and we are
on that line to-day. The National banks
can issue but ninety per Cent of circula
tion on the bonds deposited to secure the
same. The bonds are an absolute security
dollar for dollar, and there is no reason
why circulation to tho lull , amount may
not be issued. Indeed the . President re
commends that in view of the anticipated
retirement of more than one. halt ot the
bouds on which this currency is now
based, the banks may bo allowed to issue
ninety per cent of the market value of the
bonds which they would have to substi
tute, lhis would allow the issue ot $108
of currency to the $100 worth of the four
per cent bonds, face value. And a bill
las been introduced to that end. lhe
measure is objectionable not because the
security is not ample but because the
uarket value of tho bouds is variable and
the banks holding the four per cent bonds
would be allowed more currency than
those holding the four and a halt per
cents, lhe security, is the same, beuiu
ihe promise of the government to pay
8100 and we think it better that no dis
tinction should be made. As for the in
crease in the power of the banks to issue
currency, we approve that; and think it
would be . well enough to say that all
banks may issue $110 of circulation for all
bonds-instead of $90, as now.
Pertinent to the same matter is the tax
on circulation. This is tax on business,
and should be repealed as soon as circum
stances justify it. We have advocated
this along with relief to the people. As
long as the people are burdened with
taxes Congress should not relieve the
mercantile community or the banks.
The whole business ought to receive at
tention at the same time. If Congress
shall at this session secure a .considerable
modification of taxes, then the tax on
bank circulation ought to be wiped out.
Otherwise not. They are all war taxes
together, and they should stand or fall to
gether. Congress cau not well, give re
lief to the banks or to their customers
who have to bear the tax in the end be
fore relief is secured to the great mass of
the toilers of the American people. -
Another suggestion in the same line is
this that if Congress does not cut down
the annual surplus of revenue considera
bly our banking system may be seriously
interfered with. We would not perpetu
ate our public debt merely to continue
the national bank system; but as we are
opposed to unnecessary taxation, we think
it strengthens our position to direct at
tention to the fact that if our present bur
densome taxes continue there must neces
sarily be a derangement of our paper
currency. lialeigh Observer.
A Threat in Advance.
It is already the talk in Washington
among Federal officials that the bayonet
will become again a factor in the politics
of the country. An official high in one of
the Departments is reported assaying:
"Next year the result will be different
The negroes can have the protection of
the Federal law aud of Federal marshals,
and if Mahone is not too badly crippled,
the United btates next x1 all will, perhap
be able to secure a free election and a fair
count."
If this folly should be attempted it will
end in the overwhelming defeat of the Re
publican. The country will not again
tolerate Federal interference alter the old
style. The Republicans may attempt it.
and it Arthur snoui I be the nominee we
will not be surprised if the old bull-dozing
machinery is put actively to work. The
past has its les-ons. - We -do not believe
that the people will be quiescent if the
high handed measures of Grant in 1876
are again resorted -to in 18S4. Mr Tilden
was defrauded and literally bulldozed out
of his rights and the people were practi
cally stifled in 1876, but if a Democrat is
elected in 1884, as we have good grounds
for believing will be the case, we have no
doubt he will take his seat. -
The very fact that an officer in one of
the Departments is so ready to turn to
reuerai neip to carry an election is t-ig-
niheant and shows that the members of
"the old Grant set" are willing to carry
their ends by the use of force. lhe New
lork News says of the threat of the As
sistant Secretary :
"It is even possible to conceive the in
troduction of the Federal military element
into ine arena, it was one oi lien, oner-
man's theories that the army might be
effectively used at a crisis for the solution
of a political problem, and it is not cer
tain that his successor has not a similar
idea a9 to cutting the knot of a partisan
controversy with the sword. It is not to
be forgotten that it was in apprehension
of a threatened intervention of military
and naval force that ths claim of Mr Til
den to the Chief Magistracy of the Re
public was, somewhat ingloriously, aban
doned in 1876; and remains for the fore
warned Democracy to arm itself against
contingencies that might induce history to
repeat itself in that respect."
A Democratic House, if true to the peo
ple and to civil liberty, may do much to
contravene the attempts of the plotters
and usurpers. Wilmington Star. 1
e a lr 1 6 h a ? 16 Htv
N. C.;5apremevCouTt Decisions,
w JBatl Term, 1883.
Page vs. 4 Foust. The word "flV.t "
used by a " testator in disposing of his
estate, win be construed to include land,
nere it can De collected lrom other parts
" the will that such was the testator's in
tention.
Marshall vs. " Commissioners. 1. An
njunclipn will be granted until the hear-
where the plaintitt alleges lrrepara--
ble inquiry and makes out an apparent
2. When the injunctive relief sought is
not merely auxiliary to the principal re
lief demanded in the action, but may be
the relief itself, the court will not disolve
the injunction upon a preliminary hearing.
Little vs. Duncan. 1 The plea of an
administrator, "fully administered and no
assets," must be , disposed of by submit
ting an issue to a jury or by reference.
2. Where an administrator had assets
and sets up the statute of limitations
against a debt of hia intestate (Rev. Code,'
chap. 65, sec. 11), he must aver and prove
that he has properly administered the
ame, in order that his plea may avail him.
f it is ascertained he has no assets the
statute is a complete bar. ; .
State vs. Stewart. 1. A trial by jury in
a criminal action cannot be waived by. the
accused. . ? j
2. On trial of an indictment for assault
and battery, the court by request, a jury
rial being waived., found the facts and
declared the law arising thereon; Held,
that sucu a procedure is not warranted
by law; and this court remanded the case
for trial.
Bodenhamer vs. Welch. 1. The con
tingent interest of a bankrupt in real and
personal properly passes to and vests in
lis assignee.
2. Contingent remainders, executory de
vises and other possibilities coupled with
au interest, are assignable.
Jackson vs. Buchanan. The deputy of
the clerk of the superior court is
authorized to take the affidavit ot the
plaintiff and to order the seizure of per
sonal property in an action for claim and
lelivery.
State vs. McManus. 1. On trial of an
indictment for carrying a concealed weap
on the statute makes the possession prima
facie evidence of concealment, and thei
burden is on the defendant to rebut the
jresumption by proof satisfactory to the
jury.
2. lhe law presumes the criminal in
tent in such case, and the defendant mutt
ikewise rebut this presumption.
3. The language of the statute is, not
"concealed on his person," but "concealed
about his person," and hence if the weap
on be within the reach and control of the
defendant it is sufficient to bring the case
within the meaning ot the statute.
Beam vs. Jennings. 1. A testator di
rected his land to be sold at public auc
tion, and the money arising therefrom to
be divided among his children; JIeld,lh&t
upon the death of the testator, the legal
estate does not rest in the execution of the
will, bat descends to the heir, to be held
until the power is executed.
2. It the will does not devise the land,
but creates a power to sell it, then, upon
the execution of the power, the purchaser
is under the will; but in the meantime
the land descends and the estate is in the
heir. The power is not the estate, but
only an authority over it and a legal ca
pacity to convey it.
Livingston vs. Farish. The landlord
may bring an action of claim and delivery
to recover possession of crops raised by
the tenant or cropper, where his right of
possession under the Code, sec. 1754, is
denied; or he may resort to any other ap
propriate remedy, to enforce his lien for
the rent and advances made. The action
will lie, not only in case of a removal of
the crops from the land leased, but also
w here the tenant or cropper or any other
person takes the crops into his absolute
possession and denies the right of the land
lord thereto.
McKrow vs. Painter. The testator de
vised land and bequeathed personal pro
perly to his wife "if she remains a widow,
and if she marries she is only to have a
child's part;" and in a subsequent clause
says: 1 do authorize my wife authority
and power that, at her death, to divide
this property among our children as .she
sees proper;" Held, that the widow takes
a fee simple estate in the land. The con
tingent limitation in case of her mar
riage , in -referable buly to the personal
property.
Siate vs. Jones aud Hudson. On trial
of an indictment for fornication and adul
tery, the husband of the female defendant
is uot a competent witness to testify
against her, although he may have ob
tained a decree for divorce a vinculo ma
trimonii before the trial of the indict
ment. But under section 1,353 ol the
Code of '83, the husband or wife 6f a de
fendant" is competent to testify for the de
fendant in all criminal actions or proceed
ings. State vs. Jolly, 3 Dev. & Bat. 110,
approved. " - ' -
Lutz v. Cline. No appeal lies where
the rulings upon exceptions to a referee's
report and an order of recommittal do
not sffect the substantial rights of e'ther
party.
Little vs. McCarter. 1. Where a prom
ise is made to A to pay him one huudred
dollars if he will buy B's land, and there
upon A buys ihe land; Held, that in an
action by A againt the promisor to
recover the o6e hundred dollars, the
statute of frauds has no application.
The subject of the action is neither a
contract for the purchase of an interest
in land nor a promise to pay the, debt of
another.
2. The consideration necessary to sup
port a promise must be a benefit to the par
ty promisingjor attended with trouble and
inconvenience to the other party. The
facts of this case show there was a suffi
cient consideration. .
3. A judgment is not void because no
complaint has been filed.
Howell vs. Parsons. Parties who sub
scribe their names a obligors to a bond
are bound by its stipulations whether their
names are inserted in the body of the in
strument or not.
. Aycock vs. Railroad. 1., A copy of a
grant from the register's office, which
affirmatively shows that it was issued un
der the great seal of the State, is admissi
ble in evidence; though the registry does
n. 6;
uot show the impress of the seal, or scroll
.6 indicate ii. ,.?
2. While the seal in such case may be
necessary to authenticate the grant, yet i
will be assumed that it was affixed as the
. requires.;!; , .--
3. A party,' through - his :.tenani,
1H
prima facie the owner of the land in thf
absence of other evidence, and is enuneu
i-HiMYer damages done to his possessory
rights.
3. Where a railroad company permits
dry grass or leaves or other combustible
rubbish to remain near its track, and the
same take fire from ignited sparks emitted
from one of its locomotives which had uo
spark-arrester, and the fire thereby is com
municated to the plaintiff's adjoining land,
destroyine timber. fcc. Held the the in
jury resulted from the 1 negligence ' of the
defendant company.
5. The negligence is presumed from
the facts proved in this case, and the bar
den is upon the defendant to show that
the locomotive was provided with the usual
and proper appliances to avoid" injury
from the escape of burning sparks j and
that there was no fault of those managing
the train. ;: ' ' T ' !
' 6. In such a case no contributory neg
ligence can be imputed to the plaintiff, tho
injury being done to land and "the same
condition ot things" existing.1
. 7. It was negligence to permit the in
flammable material in which the fire began
to remain so near the company's track and
liable to ignite from emitted, sparks.
8. The defendant company is liable for
the consequences of mismanagement' of a
train in charge ot employees of another
company using its track with defendant's
knowledge and consent.
9. The suggestion that the complaint
does not disclose a cause of action, in that
it does not negative concurring negligence
in the plaintiff, has no force; the injury is
to the land and no ageucy of the plaintiff
could have averted it.
10. Remarks of the court in Owens
vs. Railroad, 88 N. C, 502, to the ef
fect that the defendant must show con
curring negligence in the plaintiff, ap
proved. A Mormon View of the Message.
The News, the Mormon organ, says in
a leading article: "The President's mes
sage will be hailed by the hireling clergy
with pleasure and will receive an amount
of popular support. It is not shown in
what way the destruction ot our local
Government would affect the question ot
polygamy. The plural marriages of the
Mormons are not recognized by the ter
ritorial laws, and could not be dissolved
by commissions, by edicts," by armies, or
other earthly power. They are ecclesiasti
cal, perpetual, and eternal. Until the
Mormons become recreant to their faith
with high Heaven these unions will be
recognized by the Almighty Being, who
established them for the benefit of his
people and the fullness of his glory. The
President's remarks on Utah polygamy
will not add force to his message nor
credit to his statesmanship. They are a
sop to bigots and breath to the flame of
popular passion. It is doubtful if it will
have a practical bearing on Congress. It
will certainly create no commotion among
the God-fearing people of Utah." The
same journal throws a sop to the Demo
crats and hopes they will defeat the meas
ure in the House.
Headquarters for Santa Clans!
A Merry Christmas
AND A
HAPPY NEW YEAR !
Prepared for the Holidays !
The largest stock ever brought to Charlotte at
C. S. HOLTON'S.
A mammoth stock ef Plain and French Can
dies, made of pure Sugar and manufactured by
the best manufacturers in the United States.
I have just received a large and well selected
stock of Goods for the CHRISTMAS HOLI
DAYS, consisting in part of the following :
FRENCH CANDY. Spanish Castles, Marsh
mellows, Cocoanut Jelly, Fig Paste Flats, Smooth
Cloves, Chocolate Drops, Rose Gum Drops,
Lemon Gum Drops, Lemon Cocoanut Bars,
Mint Drops. Cream Almonds, Bon Bona, &c.
The largest and best selected stock of TOYS
that has ever been brought to Charlotte. Tin,
Wood, China and Mechanical Toys. Arks. Coffee
Setts. Steamboats. Work Roipb Tnv Piunna
China Vases, Glass Vases, China Mugs and Cupa,
Wax Dolls, Unbreakable Dolls, Rubber Dolls,
Drums, Harmonicas, Boxes, Swiss Cottages, Doll
Houses, Bellow Toys, Furniture, Locomotives,
Santa Claus.
FANCY NOTIONS-Dressing Cases, Dressing
aau iiair urusnes, room mushes, rocket Books
aud Purses, Toilet and Shaving Soaps, &c.
FOREIGN AND DOMESTIC FRUITS.
Malaga Grapes, Figs, Apples, Oranges, Cabinet
Raisins, Lemons, &c.
NUTS. Almonds, English Walnuts, Pecans,
Filberts, Palm Nuts, Cocoanuts.
WILLOW GOODS. Doll Cradles, FaDcy
uasKeis, w oric Dianas, w orK Bassets, Battles.
STAPLE GROCERIES Tpi f!nffpp ' Rnr
Bacon, Flour, Lard, Rice, Salt, Soda, Powdered
Sugar, Cut Loaf Sugar, Candles, and many arti
cles too numerous to mention. Also, Fancy
unites i or parties, weaamgs ana iamuy use
Fresh Pies, Plum Cakes, and Bread every day.
I would be pleased to have you call and ex
amine nay stock.
C. 8. HOLTON.
Nov. 30, 1883.
SOMETHING NEW!
we nave secured the servises ofaflrat class
Baker from New York, and we present to the
lauitts oi mis cuy a novel ana aencious
Loaf of Bread,
Something entirely new and never before offered
m this city. It is the leading stvle and kind now
having such a run at Saratoga and Lonir RrnM
Hotels Try it and you will be convinced of its
superiority.
In order that you may know our Bread our
private nrana u. Ji. will be on each loaf.
We most respectfully ask every lady to call
or senu anu iry mis U. 14.. BKJtSAU, it 13 nice. '
We keep on hand the largest and nicent aaanrt.
ment of CAKES to be found in the State, and
can furnith on the shortest notice any quantity
iui pui lies ur weuuings.' Vur DIOCK OI
Fancy Groceries
Is unsurpassed and alwnys fresh. Families sup
plied with everything they use. A share of the
puoitc patronage solicited.
. , PHELAN&ROSS.
Aug. 31, 1S83.
NEW FALL GOODS.
We are now offrintr . lnrr nf nni
Goods, a tremendous stock ol Velvet Ribbons
snu oioer irimmiogs.
A magnificent stock of Ladies', Missed and
vuuureu s
Hosiery.
A nice lot of Handkerchiefs, including a lot
of
iue cueapesi ever onerea oy US.
Don't forget to ask for
CARPETS.
Our stock is new and well assorted.
We are the agents for the
"Charlottesville Woolen Mills
And these Goods nerd nn matoo M. . ;
ii vu4 uo i every-
body knows them to be the very best goods for
the money, made.
Don't hesitate to ask for anything you -wtLBtfi
Sept 28,' 1888, & HARRIS.
, - Comparative Cotton Statement.
The following is the cotton statement
for the week ending December 6th :
1883.
264.044
1882.
. 245,672
2,616,700
175,017
1,499,321
815,128
155,476
515,000
Net receipts at all U. S. ports
Total receipts to this date,
Exports for the week.
Total exports to this date,
Stock at all U. S. ports,
Stock at all interior towns,
Stock at Liverpool,
Stock of American afloat for
Great Britain,. ,
2,673,677
160,888
1,396,591
1,050,162
193,246
500,000
r 247,000
260,000
Total Net Receipts of Cotton
The following are the total net rtceipt.
of cotton at all the ports since September
lt 1883: (Galveston, 374.S98 bales; New Or
Teans, 782,092; Mobile, 151,356; Savannah
448,794; Charleston, 289,590; Wilmington'
66,999; Norfolk, 336,096; Baltimore, 13 i51!
New York, 23,069; Boston, 35,546; Provi!
dencel63; Philadelphia, 5,423; Ve6tPoint
110,724; Brunswick, 6,253; Port Royal, 5!
653; Pensacola, 15,061; City Point 173ft'"
Indiatiola, 7,073; total, 2,673,677. ' '
Total Visible Supply of Cotton.
.The total visible supply of cotton for
the world is 2,857,659 bales, 2,368,859
being American; against 2,636,003 and
2,046,303, respectively, last year. Rg.
ceipts of cotton at all interior towns
162,854 bales; receipts from the plantation
277,397; crop in sight . 337,134.
New York Cotton Futures.
The Post's cotton report says: Fn.
ture deliveries are neglected and declined
5-100. Before the third call there was &
fractional advance. At the third call only
100 bales, for March, brought 10.96. Of.
fers were made of 1-100 above the lowest
point. ' ' '
Jggf Over forty tons of poultry in the
hands of Boston dealers soured daring
Thanksgiving week," and three-quarters
of it was purchased for canning houses
who claim that although it would not keep
lor many hours, aud was therefore un
salable in the retail market, it was just as
good as the drjest and freshest after beinw
treated to a saleratus bath.
Superior Court, Mecklenburg Count?.
Win. M. Shipp to use of J. J. Sims, Plaintiff,
against Robl. W. Little and W. P. Little, De
fendants. Affidavit to renew Execution.
W. P. Little, being duly sworn says: That
judgment. was duly entered in above entitled
case in tne said Uourt in iavorot f laintitt against
the JJeiendanta above named, mat no execution
has been issued thereon within three years.
That said judgment remains unsatisfied, but af
fiant was surety for. said 41. W. Little and had
said Judgment transferred for value paid to Wm.
M. Shipp to R. D. Whitley who assigned same to
J. J. Sims to use of this affiant Said R. W.
Little is a non-resident of this State and resides
in the Slate of Alabama. -
Sworn to and subscribed before me this fifth
day of December, 1883. J. R Erwin, C. 8. C.
. WM. P. LITTLE.
Jokes & Johnston, Attorneys.
Upon the foregoing affidavit and applica
tion for extcution, it is ordered that Robert W.
Little, one of above named Defendants, show
cause, if he can, before me on Monday, 7th day
of January, 1884. why execution shou'd not issue
upon the said judgment. And it appearing to
the Court that Robt. W. Little is a non-resident
of this State, it is ordered that service of this no
tice be made by publication in the Home and
Democrat once a week until said day. This
fifth day of December. 1883.
J. R ERWIN,
45 5w. Clerk Superior Court
ELIAS & COHEN
HAVE JUST RETURNED
. FROM THE
Northern Markets
With a full supply of PALL AND WINTER
GOODS for the
Wholesale and Retail Trade,
And solicit their friends and customers and the
general public to examine their Stock if they de
sire to purchase good Goods at low prices. Par
ticular attention called to our patented
IMPERIAL SHIRT,
The best unlaundried $1 shirt in the United
States. These Shirts are made expressly for us,
each Shirt beating our name and sold by no
other house in the city. An examination of
them will satisfy you that no other Shirt in the
market can compare with them both in quality
and make.
: Gents' Furnishing Goods
A Specialty. Give us a call at Masonic Temple
Building.
Sept. 7, 1883.
ELIAS & COHEN.
DEATH.
Alcoholic Poison, Blood Poison, Diseases of
the Kidney, Enlargement of the Liver, in many
cases is due to the inordinate use of alcoholic
beverages. Very many persons suffer from pains
in the back, with fullness of blood in the head.
The Kidneys are suffering from too much drink.
The brain gives indication of something wr1lf'
The Liver is enlarged by stimulation. The Kid
neys are oppressed with the unusual poisonous
fluid. The consequence is that one afflicted in
this way is all wrong. If Cold and Pneumonia
should supervene, or any other disease, it goes
very hard with any one in the effort to recover.
The system is poisoned. - The remedy is an al
terative Blood Purifier. Use the "Queen's De
light," and avoid Whiskey and Rum drinks.
For women and Children, with all their varied
complaints the Queen's-Delight is a Restorative
Cordial, aud Skin Beautifier, removing Blotches,
Pimples and all skin eruption, curing disorders
of the Liver, Kidneys and Stomach. May be
used in all cases of debility and nervous pros
tration, Beating of the Heart, Heaviness, Dull
ness of Peeling, Headache, Costiveness, Loss of
Appetite, Nervousness, Yellow Skin, Bitter Taste
in the Mouth, Pains in the Stomach, Jaundice,
Fevers, &c.
For sale by Druggists. Wholesale at WILSON
BROS'., Charlotte, N. C. Prepared only by
' E. H. HEINITSH,
Nov. 2, 1883. Columbia, 8. C
IT WILL PAY
TO CALL ON
M. MILLER,
Tirade and College Sts.,
Corner
For Your Groceries.
I have in store and to arrive a full assortment
of Heavy and Faucy Goods to supply any de
mand, consisting i a part of the following:
Hams, Bacon, Breakfast Strip, Canned Meat
and Fruits, Grain of all kinds, Mixed Feed, Bran,
Flour and Meal, Coffee, Sugar, Molasses. Syrups,
Vinegar, Lard, Smoking and Chewing Tobacco,
8nuff and Cigars, Rice, Grits, Crackers, Soda and
Starch, and a great variety of G "oda impossible
to mention.
Fresh Parched Coffee a specialty. And every
thing for the inner man. Call and see how
cheap we sell for Cash.
J. M. MILLER.
Sept 14,1883. ,3m