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WMMm 1EG01PER
SEMI-WEEKLY.
VOLUME 88.
DURHAM, N. C, DECEMBER' 6, 1907.
NUMBER 62.
MHBEB DF CASES DISPOSED OF.
List o! Cases Settled this Weck-Capl-.'
talCase Noi 'On. '
During tha week a number of
cases in the superior court have
been settled, quite a number con
tinued, ; and ; lyet .there; are
numbers to claim the attention
of court. The following cases
have been called this week:
Lee Lawson, assault and bat
tery with Jdeadly weapon, six
months on the roads. John Cal
lehan, carrying concealed weap
ons, not guilty. George Mitchell
larceny, twelve months on the
roads. BenMance, Morse Bur
nett, Duncan Hart and Gilmer
Riley, gambling. Hart and Riley,
ninety days; Burnett thirty days,
and Mance $1 and cost. Frank
Lewis, carrying concealed weap;
on, Jsix months on "the roads.
Vernon Jordan and John Free
man, affray with deadly weapon,
fined $10 each and cost. Duke
Battle, larceny; eight months at
the work house. Dallas Baily,
assault with deadly weapon,
three months on the road. Alex
Edward and Junie Cash, gam
bling, fined $20 each and cost.
John Horton, assault with deadly
weapon, ninety days on the
roads. Dag Rogers, assault with
deadly weapon, three months on
the roads. Gaston King, larceny,
six months on the roads. Mag
nolia Amey, larceny, six months
at the work house. A. G. Black
well, gambling, fined $15 and
cost. Clarence Turrentine, as
sault with deadly weapon, fined
$10 and cost.
Other cases In which defend
ants have been sent to prison
are as follows: Henry Baker,
larceny, four months on the
roads. Charles Crabtree, selling
whiskey, twelve months on the
roads. Robert Morse, larceny,
twelve months on the roads.
Warner Ray, assault and battery
with deadly weapon, twenty days
in jail Fletcher Cunningham,
carrying concealed weapon, four
months on the roads.
Richard Hinton and Bessie
Moore, fornication and adultery;
twelve months each on the roads.
Nurman Beasley, robbery, six
months on tha roadk Fred Lvon,
larceny, not guilty. Hillard
Hackney, carrying concealed
weapon, fined $13 and cost. Har
vey William larceny, six months
on the roads. Harrison Garland,
assault and battery with deadly
weapon,' judgment suspended
upon the payment of cost.
K ounce Patterson, assault and
battery with deadly weapon, not
Kuilty. Fletcher Cunningham
and Fannie Johnson, fornication
and adultery, Cunningham
twelve months on the roads; and
Johnson woman six months at
the work house. Albert East,
assault and battery with deadly
weapon, judgment suspended
upon payment of the cost. Bob
i isenhall, charged with selling
whiskey, not guilty.
In the Chiscnhall case the jury
was Mh jng" from 10 o'clock in
the morning until 5 o'clock in the
ufternoon. Then the verdict of
r.t guilty was returned.
Fred Lyon, larceny, not pros.
Minnie Cole, larceny, judgment
suspended upon the payment of
- Mt. Hillard Hackney, assault
and battery with deadly weapon,
ju lgment suspended upon the
payment of cost.' Jack Kelly,
nut guilty. Cases continued
' were: James Banks, selling
whiskey, Pegram Davis and
George S. Shepherd, selling whis
key; Wavy Tool and John Man
Kum, larceny; Arthur Gosa, two
asos for selling whiskey and
Mary Jones, one casfl for iho
concealed weapon; George S.
Shepherd, distilling brandy; Jer
ry Markhanv- selling whiskey;
James Ray three cases for selling
whiskey; W. A. Dezern, four
cases for selling whiskey; Sandy
Shepherd, one- case selling whis
key; M. Fromme, false pretense;
Tom Black well, Carrying conceal
ed weapon; W. A. Dezern and
Lon Dezern," selling whiskey;
Wash Riley,, selling whiskey;
Charles Riley and Robert Love,
selling whiskey; Shirley Jones,
selling whiskey; Luther Ray,
selling whiskey; Jasper Phipps,
house breaking and a second
case for carrying concsaled weap
on; Thomas Morgan and Coby
Page, carrying concealed weap
on; James Ray, four cases for
selling whiskey; Buck Addison,
two cases for selling whiskey;
William Morris, C. J. Byrd and
H. C. Byrd, affray with deadly
weapons; Robert Weaver and
Lacy Wilson, selling whiskey;
Ed George, larceny; Fred George,
two cases for larceny.
Other cases were as follows: J.
R. Dezern, selling whiskey, call
ed and failed; Bud Dezern, sell
ing whiskey, called and failed;
Tillett Vaughan and Sandy Bid
die, affray with deadly weapon,
called and failed; Lonnie Lon,
embezzlement, nol pressed ; Nora
Edwards, assault and battery
with deadly weapon, nol prossed,
Lonnie Biddle and Dock Green,
gambling; James McLean, carry
ing cocealed weapon, Mark Crab-
tree, selling whiskey; James
Ellis, selling whiskey; Walker
Almond, larceny, were all called
and failed, and their bonds were
forfeited. Nol pros was entered
as to W. WV Woods, for larceny,
and George Burton was found
guilty of assault and battery with
deadly weapon but the sentence
has not been passed.
LEWIS WILLIAMS ON TRIAL.
Lewis Williams, colored, was
yesterday placed on trial for his
life. He is charged with crimi
nal assault Mary Briggs, a mem
ber of his race -a sister-in-law.
who is not yet eleven years of
age -is the prosecuting witness
Yesterday afternoon the jnry
was secured and the state exam
ined the girt and her mother. ;
The mother was first examined.
This morning the state will put
on other evidence and then will
rest.
From the regular jurors there
were secured three; from the
panel of fifty men seven were se
cured and then with the exami
nation of a few who were called
the other two were secured. This
completed the jury and at 4
o'clock the jury was enpanelled
to try the issues of lifeand death.
Those who compose the jury are
as follows: G. W. Ellis. W. O.
Stone, F. D. Fanning, Ben Ellis,
R. I). Linthicum. S. K. Galley,
Ed. Roberts, B. C. Vaughan, J.
C. Dailey, J. W. Bright, J. M.
Lorbacher and R. M. Jones.
After the jury was secured the
mother of the girl, upon whom
the assault was committed, was
examined and told about what
she knew of th matter and of
the fact that she fired at Lewis
Williams with a rifle and he fired
at her three times. The prose
cuting witness, Mary Briggs,
was then called and told her
story of the affair. The two
were all who were examined dur
ing the afternoon and they made
out a very strong case against
the negro.
The case is being tried as we
go to press.
Wanted Men, Women, boys
and girls to represent McClure'i
Magislne. Good pay. Address
ORANGE COUNTY NEWS ITEMS.
Notes 0! Interest Culled from Tbe Ob
1 serrer ol this Week.
Rev. M. M. McFarland, who
has well and faithfully .served as
pastor on the Hillsboro Circuit
for the past two years, left here
Tuesday morning for New Bern
to attend the North .Carolina
Conference which convened in
that town Wednesday. This good
man has made a large number of
friends in this county who would
hi glad to see him returned to
the Hillsboro Circuit.
Miss Mary Exum Mearers, on
ly daughter of Mr. and Mrs. Wm.
B. Mearers, of Linwood, N. C,
was married to Mr. Thomas Cor
rell; of Richmond, Va., on Tues
day, Nov. 26, at the home of the
bride in Davidson county. The
ceremony, was performed by
Rev. S. Paxson Waters, of Hills
boro. The bride has many
friends at Hillsboro where she
lived with her parents for sever
al years. The Observer extends
congratulations and best wishes.
The new school house recently
built "at tHobbs' Cross roads is
being highly complimented by
Superintendent Hocutt, who is
loud in his praises of the people
in that community, who by their
liberal contributions made it pos
sible to build a house that reflects
credit upon all the people of that
awake school district
The County Commissioners
met Monday. Present Chairman
McAdams and Commissioners
Pickett and Browning. Besides
the regular routine business in
the way of passing road orders
and providing for outside poor,
the Board received and passed
upon the reports of the various
county officers and made a quar
terly settlement with County
Treasury Harry L. Parrish.
Mr. James E. Gay and daugh
ter, Mary Douglas, spent Thanks
giving Day with her parents,
Mr. and Mrs. Henry N. Brown,
Sr., on Queen street. Rev.
James E. Gay, having served
the Methodists of Spencer as
their pastor faithfully and ac
ceptably for four years, the full
limit allowed by the Conference,
has been assigned to the Lincoln
ton station for next year.
DEATH OF MRS. W. B. GOItDON.
After being in feeble health
for a long time, Mrs. W. Brown
Gordon, died at the home of her
son in law, Mr. Charles L. Smith.
1 1-2 miles west of town Sunday
morning. Dec. 1. at 3 o'clock,
aged about Gl year?. Mrs. Gor
don was a sister of Mr. II. N.
Brown Sr., Mrs. Julia Lynch
and Mr. Leigh Brown, of Hills
boro. She is survival by one
son, three daughters, three
brothers and three sisters.
The funeral services were held
from the residence of Mr. Smith
on Monday morning at 11 o'clock
and were conducted by Rev. M.
M. McFarland. The interment
was made in the Hillsboro ceme
tery beside the grave of her hus
band, W. Brown Gordon, Esq.
Jumped Bis Bond.
Our readers are familiar witn
the case of J. P. Black, who came
here with a scheme whereby
people could secure a pair of shoes
for 15 cents: The matter was
called to the attention of the
police and his arrest followed,
when he gave bond in the sum of
$100 for his appearance at the
next (term of Durham Superior
court
Black left Durham after giving
the required bond, and when the
case was called in the superior
court this week Black did not put
in his appearance, and a capias
was issued for his nrrert and the
hvud iWrtUvd.
WILL NOT PAT .THE $30,000 FINE.
Supreme Court Deckles In Favor ol
Soutnera Road and Against State.
The Supreme Court in a decis
ion filed Wednesday afternoon
arrests the judgments of Judge
Long as to the $30,000 fine of the
Southern Railway for violating
the 2 1-4 cent passenger rate law.
The right of the court to fine or
imprison any rail road official for
selling at a higher rate isjdenied
and it is held that the Federal
courts cannot interfere in crimi
nal prosecution and that in civil
suits the railroad mayjbe mulcted
of $5.00 for each sale. Chief
Justice Clark dissents and says
the railroad should be fined and
intimates that an extra session
of the Legislature should be held
to make the act more explict
HISTORY OP LITIGATIOM.
The opinion was written by
Mr. Justice Walker, one of the
ablest and most learned of the
judges who have sat on the bench
of this State. The opinion is
concurred in by Mr. Justice Con
nor, Mr. Justice Brown and Mr.
Justice Hoke and is a very elab
orate and exceedingly able dis
cussion of the matters involved
In this well-known controversey.
It will be remembered that the
Southern Railway Company was
indicted at the July term 1907,
of the Superior Court of Wake
county, along with one of its
agenta, Mr., Thomas E. Green;
for the violation of the act of the
General Assembly of 1907, fixing
railroad passenger rates 2 1-2
cents a mile. The case was tried
before Hon. B. F. Long, one of
the the judges of the Superior
Court, and upon the trial, the de
fendants were both convicted.
The railroad company was fined
$30,000 and the ascent was fined
$5. The railroad company ap
pealed to the Supreme Court,
of the State. During the trial
in the Superior Court, the rail
road company filed a copy of cer
tain proceedings in equity in the
Circuit, Court of the United
States, together with a copy of
the injunction issued by Judge
Pritchard restraining the State
officers from putting into effect
the rates fixed by the General
Assembly upon the ground that
they were confiscatory. The
agent, Mr. Green, was taken in
to custody by the judge of the
Superior Court in person, in or
der to prevent the Circuit judge
of the United States from re
leasing him upon habeas corpus.
from the Chapr.1 till! Naws.
Mr. John Squires, of Durham,
has moved into one of the Smith
houses on Mallett street. Mr.
Squires will have the manage
ment of the bnilding of the Bio
logical labratory in the campus.
W. R. Lloyd returned Monday
from Burlington where he went
to attend the bedside of his
daughter, Mrs. Claude Cates,
who was reported quite ill last
week. Her condition is much
improved this week her many
friends wilt be pleased to learn.
It was rumored a day or so
ago that Mr. T. F. Lloyd had sold
his cotton mill, but such is not
the case. We are informed how
ever, that there are parties in
Chapel Hill and at Gibson ville,
who are interested in trying to
close a deal with Mr. Lloyd.
A good deal of interest was
created in the superior court this
week when II. A. Reams was
summoned to show cause why he
should not be held in contempt
for failure to settle a case tried
at a former court. There was
some misunderstanding and the
ma'ter was settled satisfactory
to the court.
DEPOSIT YOUR MONEY WITH
CITIZENS NATIONAL BANK
OF DURHAM.
Officers and Directors!
B. N. Duke, Pres. J. S. Manning, Vice-Pres.
J. B. Mason, Cashier.
J. B. Duke, President American Tobacco Company.
Y. E. Smith, Supt. Durham Cotton Mfg. Company.
C. L. Haywood, of Haywood & King, Druggists.
J. H. Southgate, of Southgate & Son, Insurance.
R. H. Rigsbee, Capitalist
Q. E. Rawls, Merchant.
B. N. Duke,
!Director American Tobacco Co., and Capitalist.
J. S. Manning, Attorney-at-Law.
N. M. Johnson, Physician and Surgeon.
J. B. Mason, Cashier Citizens National Bank.
DEPOSITORY OF THE PEOPLE,
THE COUNTY OF DURHAM, THE CIT ? DURHAM
AND THE UNITED STATES OF ERICA
This Bank Opened tor Business ,y 1, 1905
Is Young, but Grow'
Statement ot Bank at Close of BusId ian.26, 1907s
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Resources.
Loans and Invest
ments, U. S. Bonds,
Premiums U. S.
Bonds,
Banking House,
Cash and due from
;$586,954.95
150,000.0(J
5,E9.69
13,000.00
Banks, 293,129.84
Redemption Fund, 7,200.00
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$1,055,944.43
WE SEND these Reports to our Depositors and Stockholders on
date called for by the Comptroller in order that they may be
informed of our condition.
WITH the strongest financial backing of any Bank in this State
ann unsurpassed methods in every department, we invite new
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ABSOLUTE PROTECTION.
Insurance, Fireproof Vault and Safe. To Depositors we offer Safety
Deposit Boxes in our Fireproof Safe Free, where you can Deposit
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I101Y
i HOME SAVINGS
DURHAM, NORTH CAROLINA
We Pay 4 per
Interest on all Savings Accounts
Come in and start an account to.1av. Small deposits will 1 thankfully
received and lare ones in projortion.
OPEN ALL DAY SATURDAYS t
$ GEORGE V. WATTS, President. i
JOHN SI'RUNT HILL, Vice-President.
W. V. WHITTKI), Cashier.
I T. B. l'KIRCL, Jr., Assistant Cashier. 1
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HELENA, N. C.
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$100,000.00
Car .
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160,000.00
14,272.25
V vided profits,
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781,657.23
Deposits,
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