2,.- . , I-- " --4; JVfv? fe-
News
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,1
VOl XXVI.
RALEIGH. N. C, "WEDNESDAY MORNING,; FEBRUARY 3. IS8B.
N Pr 70
-i-'i' ! arch rv 1 - f ; t v-f -:,- -J . ... :- -K-r W -: V . 1 5 V . i : i
AND
"i '--.'7-
1 .-
?-7.;
.A
...-.
8 f -'
Absolutely Pure.
. i n powder mt varlea. A marvel of
inrltr, itrepgtll and wbolesomenexa. ,; Mom
eennomkal than ordinary kind! and cannot be
old in competition with the multitude of low
teat, aheii weight, alum or phosphate powder
Sold only to eana. Botal Bauxo Powdk
Co., 10S Wall 8treet, New York. - ' . i
8old bjW C A A B fitronach, Georg i
8tronachamd JBFerraUAOo. .1 P
i4
1 To my frienda of Raleigh and the sur-
1 ,
. - 'i ' ',. h ;
- ' ' ' . . ..
rounding couutr : I came here to do
'!:'
you good.
In the first place, keep oat
of debt I come to you with a;: cash
' jystem bued upon - qntok Bales' and
profiU. For the last two yeari I
1 j- . j
: kmi she.
I Ear dono much to deyelop the ndran
'$i :.V.tagei. at ' plaoes where .we hate . peen.
1"'--
Thtu we are able to gWo you two year'
;; ;1 , T" '-:;'.'- . ' ' ' : t 't
deTelopment. The feet if that BACKET
' t,' - t- v-:..v ''! :i .. J : '
store rabies bare mastered the field and
placed'
themselrei in the
lead ojf
i .,1'
the
5 trade whererer
they go. jA twd yeaw
1
-
test baa decided the fact that it pays ' to
. j ' " ". ' '-! '' i j: $ ' i'l
bare our buyers always in the market',
4 gathering bargains from tke slaughter
, pens 01 ereaif, ana two years or experi-
ence has made plain the fact that
our
efforts to -supply the people with goods,
the greatest value for the least money,
have met - their approval. Wei 'know
fully the determinatbn of the masses to
free themselves 'from the . bondage .of
the creditsystem and that henceforth they
will use the ready dollar instead of pay
ing double prices for diese gcods. ; ; 1
am sellim? greater bargains than have
w w 'l. t
' ; ; - ' ;' t--l
ever been sold at the Backet. i
VOLNEY PtfRSELL & CO.
1
T. B, YANCEY,
MANUFACTUBEB'&-
A sent and
'Carnages, Phaetons, Bcgies, &c.t' &ci
X 'is -i -r .
THE LARGEST ASSORTMENT : IN
' LH
THE STATE AND THE i n
BEST GOODS
- AT TUB " ? I:
XO WEST PRICES.
180 East Martla
TP's old tunsV
Street, Baiei K. C
Otrvmor the Kokth Cabouka (.'ajiCo
ruiT. ' ' ' . .
. Eu.raaH, Feb'y Jnl, 1886. . n
Th utnhal m(tlBir of the atocklfoldfr of
the North Crollua Car Company will le held
at the office of th? eompany at Bafih Thm
day, the tth day of March, 1886, at 13 o'clockm,
b2 dlawSt 8mentvy
' NEWS 1 OBSfiiiV AT10NS, I
M'ith Maryland peaches and Flori
da oranges ruined by frost, California
fruit growers regard the situatiou with
oomplacoticy. ' ' '.
At .least one. old school remedy
proves the wisdom of the homeopathic
theory that like cures like and it 1 a
poultice of hops for the jumping tooth
ache.; --The Catholic Hejrald of this week
insists, that: the next American Cafdiual
will be Archbishops -Will ianis of lioslou
and : Archbishop Gibbous, of lialti
more. 't- . : ; . . ; '
The Jlissieaippi house of repft?! n
ta tires voted not to accept any railroad
passes,1 and then, horrified ' at its own
virtue, carried . a motion to recousijier
the tote. ,. ; ' ;
-The sacretary of tac treasury , has
issued tha one hundred and: thirty third
iLaU for bondsTh itall m tt , rede p-
uon 01 oonas 01 me o per cent; loan 01
mi. ; r -i 1 i
Schaefer won the great billian!
match between himself and Vigri:"ix ; it
New York, the score being b00u t..
2,8?BV lie made runs of 180, 178 ami
168.1: -Viguux's highest run was 13.
; -It.is'only;sixljmJnths since General
Grant ceased his labors on tho book that
was meant to secure an independence for
his family, and the -publishers have'al
ready sent a check to Mrs. Grant !ibr
525U0U0, heri shar in the profits; on
the first toluine,; so far as it has! teen
delivered; ' - ; :
L: rThe electrician, Thomas A. K'JUou,
who a few,; years ago Was a newsboy, is
soon to be'married. lie has just con
tracted for a handsome dwelling to ; be
buUtiat Orange, S.t tit si cosj,; of
45000041 He is also having a winter
home built in Florida ; '-
Dr. Shrady, the pditor of the Medi
cal Record,, laughs at the recent hydroph
obia scare; be declares that there have
only been three cases of genuiuu b)
drophobia reported in; the ynited J?tutes
in the last ten years, and that he 1 does
not believe there Las ever been a ge'u
Uie cdse in the State of New Jersey. j-
) The :St. ; liouis Post-Dispatch Las
interviewed the leading physicians of it
chy, and : they "agree; with 1 great .una
nimity that the low-necked dresses Worn
by fashionable women are injurioiia to
health.- But If every -doctor in ' the
0nited.Stats joined in this protest thej
wouldn't le able to stop the sale of a
single' low-necked dress so long ' as
Fashion said "Wear'em.' ; i I
-One of the" leading firms of arbi
trage, brokers in NewjYork sent a mes
sage Thursday tnoming from the Stock
Exchimge' office of the MackayBeunetf
eable!9mpahy to IiOdon. ; The busi-
tlPBd l rffarroA te in f tia mnaaanj) Tram
transacted, ani thei apswer rcceiviedjin
New iYo'k jiri "jnji muiutes; the 'quijetyst
cable time .on record. I . 1 1
The subscriptions for tho support
of the, Jlrish metiibt-rs if Parliaoueut ;in
this opuntry are piiu' up great jfuod,
so thit Mr.- Parncll Will be under no
anxiety as to the: Binck-- -f war.
Parliamentary fuu aoci - tiou of
The
New
. ' 1 It
X orit have now cast haired i7,tMM)
is by no means at I nom. -irishmen J
Among the recent iiut4bio subscriptions
n the lbt are those of Jacob Kni'Pert,
500j of 0; : P Huntington, $2o0 j i of
an American lover of home rule.
The : seutence imposed bv the een-
eral coart-martial in the case, of pay
master general J. A. Smith, which ; has
been approved oy the jsecretary of the
navy and confirmed by the President,
is, . to be dismissed from the ; position
of chief of the .bureau of provisions and
clothing in! the'departtpent of the navy ;
to be suspended from rank and duty as
a pay inspector on furlough pay for three
yearS, nd to retain his present number
IK tiia trraAn Atir'intr tViot notinif " I ':
I ) White silk vests In cream' or ivory
tints ;are &shionably worn ; with house
dresses of dark woolen goods, silk or
velvet,' 'These mav be made perfectly
plain and embroidered with jet or other
beads,: or be laid in pleats their entire
length. Yeste of this kind i are fre
quently worn Under the jauntv Zjuave
jackets of. velvet: edged -with rosary
beads.! in makina ' these jackets . it
would be well to remember (h:itj they
should be cut. to fall below-, tac vaiat-
line "instead of above lit, as in usually
seen; 1 It has been erroneously supposed
that 'the Vesta worn with Bhort, rounding
jacket, whieh is of necessity narrow at
assumes considerable breadth at the
waist and below it, must make the waist
look less slender than 'is graceful, but this '
is not true. The waist may be llcss
acutely defined, but if the figure be a
slim one, the sharp outline of the waist
is not desirable. The voluminous waist
coat gives a certain agreeable amplitude
and by contrast : maker the shoulders
look broader. Od;Jly enough a Very
stout figure is occasionally found to bo
improved' by a similar vest. When the
waist' is broad the tines ot a curving
ilat often stive it nu effect of both
ngth and slenderness. -
A Western newspaper payi that the
latest sensation is a bt. Louis horse that
chews, tobacco; but the greatesi sensa
tion is Dr. Rull's CoUgh Syrup. : :
Salvation Oil is the greatest pain-de-
strOyer of the age. - It speedily annihi
lates pain, whether from a out, bruia",
BCicld, burn, frost-bite, or from a wound
of any other kind. Price only 25 cents.
fix-President Davis is a believer in
President ClevelandB hUtesmanship.
:;:T SUa-Ml Mrvie ritta-. '; U
Tie. signal service employs Flag to
remind us of the approach of -storms.
We use Taylor's Cherokee Remedy of
Sweet . Gum and Mullein to prevent
slight coughs and colds ftom developing
ioto someuung more serious. : ,
CONGRESSIONAT
int. rruiiA si iwTiinr. for hik
In Hliich tutl 0flu the Lxerullv and
I I s;llatlve Power In t Ap
pointment MMiir.
Wasuinit4x, February 2 Sknaie
Among the iooasures favorably reported
troiu . uoHiuiiltee was a joiuf re.solu
tiouby Mr.' Blair, from: the -oiiim;tf--e
on wouiatt suffrage, providing for a con
stitutional anienlnieut extending the
right of suffrupt to woman.
Mr. Codkreil stated that this .re.ort
was not the iuiaiiiinoug judgment of t he
tooHiiitt e, and that the minority re
served the right to present a written re
port: in opposition to the measure. Cal
endar. ;
. Mr. RMdleberger "offered the follow
ing resolution :
Resolved,. That is the sense of the
Senate that the executive of the United
States is not restricted by constituti. aal
law J: in removing or Suspending ap
pointees; that the fcenate has no right
to require that reasons shall be given
for such removals or suspensions ; that
it is;the right of the Seriate to call for
any! paper relating to the coiuiuct of
removed or suspended appointees
or to the qualification and fitness of all
persons whose names are presented to
the Senate for confirmation or rejection,
audit is the duty of the executive to
comply with all the demands for, the
same. In offering the resolution Jdr.
Biddleberger said his ; purpose was
simply to bring the subject up in open
ueuatc. ii, uiu not involve any go
called high 'prerogative of the Senate
when it should go into secret or execu
tive 'session ; but only ; the abstract
question as to whether 'the executive
could be called on or required to give
reasons for removals. Mr. : ltiddleber
ger asked for the immediate cougidera
tion of the resolution.
Mr. Cockrell objected. ;
MjTi Pugh said he would submit either
today or tomorrow a substitute for Mr.
Uiddleberger's resolution. The matter
went over. I
3Er Stanford offered a concurrent res
olution, which was agreed to, providing
for investigation by the committee on
pubKo buildings of both houses of Con
grcss into charges made, in 1853, and
nowVbeing renewed, against the official
Conduct of Samuel Strong during his
superintendence of public buildings.
Mr. .f ugh submitted his substitute
for , the ltiddleberger resolution, and
asked that it be presented and lie over
till tomorrow. Mr. Pngh'a substitute
is as. follows :
1A That the executive power is ex
pressly veBted by the constitution in the
I'resideut of the United States, so that
he shall take care that the laws be faith
fully executed.
'Z.'- xnat tne power of appointment to
Federal 'office is an executive power, to
be exercised . by the Presiden t under the
limitation in the constitution that he
shall nominate, and by and with the
advice and consent of the Senate shall
appoint. ;
o.i lhat the power of removal or sus
pension fronf the powers and duties of
federal office is also an executive
power vested exclusively in the Presi
dent without any Buch limitation: in the
constitution as is imposed 'thereby on the
power 01 appointment, and fr its exer-
cisehe is responsible alone to the peo
ple and not the Senate, j
4.; Ibat the right of the President to
make nominations to the Senate, of the
Senate to advise and consent thereto,
are feach separate and independent
rights, to- be exercised by the President
and Senate respectively and separately
and independently within their absolute
discretion. But in relation to a person
or persons so: nominated the Senate may
request information of ' the - President
affecting the character or qualifications
of those as Co whose appointment be asks
the advice and consent of the Senate
:That when the President: makes
nominations to the Senate of persons to
be 'appointed by him to exercise the
powers and duties of Federal officers
who have been removed- or suspended
by him, no law, public duty or public
policy requires that he; shall send or
communicate to the Senate any cause,
' - . . ..... r
reason or information within his own
knowledge, or contained in any letters,
petitions, papers or documents addressed
w aim or any memoer 01 nut caoiuei, or
in the possession or either and relating
to the subject 01 removals or guspen
sions, or containing charges,: causes or
reasons and proof thereof for making
such removals or suspensions ; and no
aw, public duty or public policy re
quires or authorizes the Senate . to cal
tor such ir formation existing m any
such form from the -President or any
auy member of his cabinet, to enable the
Senate to review or Question the action
the President iu exercising his exec
utive, discretionary andexclusive power
of removing or suspending Federal of
ficers lroiu ; the powers and duties of
their offices or to put the President oh
trial by the Senate or to enforce ac
countability to the Senate for anything
be? may: have done in : the exercise ot
such jurisdiction.
6. That to obtain -information con
sidered by either house of Congress as
useful ill passing necessary and proper
laws, either house of Congress may re-
quest' the President, if not deemed by
him incompatible witn tne puDiic inter
est, to give any inforniatiou within his
knowledge or contained in any public
document or records oh file or in the
lawful custody of any of the depart
ments and relating to the administration
of any public office or; official conduct
or acts affecting the official conduct or
duties of any public officer; but for the
S.n.te tV make such request of the
President ot to direct- any member 9f
his cabinet to transmit to the Senate any
information or auy public documents or.l
papers in open or executive session, to.
enable the Senate in open or executive
session to review the propriety of the rea
son or information upon which he acted
or may have acted in making removals
or suspensions would be ah attempt to
obtain such information by false pre
tenses and for uses and purposes not
authorized or justified by 'any law
or public policy of the United States,
and should the President grant such re
quest or require any members of his
cabinet to obey such direction from the
Senate when deemed by him, and
may be, for unjustifiable and unlawful
uses and purposes, would be to recog
nize and encourage an improper prac
tice and an. injurious innovation upon
his exclusive and independent rights,
fowers and duties as President of the
Jnited States.
Mr. Hoar inquired ; whether tlrf! re
quest to print included the printing of
the stump speech in behalf of the reso-
utions.
Mr. Tngalls gave n'W !:at when the
original andisubstitute resolutions should
come up tomorrow, he would move to
refer them to the committee on privi-
eges and elections for further consider
ation:
The resolution, according to request,
was laid over till-tomorrow;
The electoral count bill then came up
and Mr. Evarts took the floor. He fa
vored a recommittal tf the bill to the
committee -
Mr. Call, while deeming th bill a
good one in some respeets. . deemed it
defective in others and proposed an
amendment, to the effect that in the case
of a non-concurrence of the two houses,
and in case such non -concurrence, (and
consequent failure to count the vote of
a btatej resulted in taking' away the
majority required by the constitution,
or when by not counting the voter of the
State an election should be hail of a
person different from : the persou who
would be elected if the . votes were
counted, that in these two emergen
cies it should be declared thati there was
an election, and that the House of Rep
resentatives should make au election as
required by the constitution. : J
Mr. iioax opposed recommittal .
Mr. Wilson opposed the bill.
Mr. Evarts submitted, as an inend-
ment that it should be the dot . of the
executive of each State as sooras- prac
ticable after the final ascertaAuient of
the appointment of eiectork: ut. such
State to communicate, und? th seal
of the State to the secretr,y of state
of the United states a certificate show
ing tne result of such ascertainment,
Betting forth the names ycf the 'electors
and other particiilars, ,l1jd tp AoKfJ to
the electors of such btate a similar cer
tificate . in triplicate, such certificates
to be transmitted by the electors with
the result of their own actions. Mr. Ed
munds opposed the motion to recommit,
but it struck him that Mr. Evarts sug
gested amendment embodied an ex
tremely valuable idea; : It could be dis
cussed in the Senate, however, as well
as in the committee, il
Mr. Salisbuiv favored recommital.
Mr George had listened carefully to the
arguments; urged against Mr. Sherman's
amendment, but bad hot been shaken in
the belief that the vote of the two houses
acing as a joint body constituted in the
last resort the pest way put of a difficulty.
The constitution intended that the Vote
of a wtate should be counted, and did
not contemplate a rejection of the vote
Bimply because of a difference between
the two houses.- He hoped i the bill
would be recommitted.
After .further: debate the motion to
recommit was brought to a vote, and
resulted yeas 30, nays 22, the affirmative'
vote being about equally : divided be
tween the Republicans and Democrats
All proposed amendments went with the
bill. . - i
The Dakota bill was placed before the
Senate, and Mr. Logan obtained the
floor on it, but gave way :. for a motion
to go into executive session. At 4.35
p, m. the senate wept into executive ses
sion. At 5 dp the doors were reopened
and the senate adjourned. ,
UOUSK.
Immediate
after the
reading of the
journal Mr. Ilolmah, Of Indiana, offered
tHe following resolutions : i ;
Resolved, That the- House has re
ceived with profound sorrow th'i inteili
gence of the death of Thomas A. Hen
dricks, late Vice-President of thj United
States. I ' , ' V: i
Resolved, That the; business of the
House be suspended in order that the
eminent services and private virtues 0
the deceased may be appropriately com
memorated.
f Resol ved, That the clerk of the House
be directed to communicate these reso
lutiohs to the-Senate.
Eulogi-- s upon the ilea l Vice-Presi
deuf were .ipronounded by Messrs
15-num, of Ind'nna, who rppresents Mr-
llenaricKs 01a uistnci: ,ucvreary, on
! K ntucly;. Ti'g
f .,.! .nta
i-i . -r T..a. II. Af
... J,0uv..mv.u. ,
New Vrk; Browne, . Of Indiana; Ran-
dull, of Pennsylvania; Springer, of Illi
nois; Geddes, of Ohio; Lowry, of In
diana, and -Hall, of Iowa. Messrs.
Kleiner aud Hohuan, as representatives
of the commonwealth which knew and
loved Mr. llt ndricks beet, closed the
ceremonies with brief addresses eulo
gistic of the public and private virtues
of the dead statesman, and then the res
olutions were unanimously adopted.
The House at 3:40 adjourned.
' ' i.v W La the Hondas.
. ' 'lhe Australian soidiern who went to
the Snu.lan had each a boUle of St. Ja
cobs Gil, which eased all pain caused
byj
their march across liie luesert. . tow
conies R'd Star Cough Cure, which con
tains no cpia'tes or poison,' and yet cures
the pi.t obstinate, cough or the worst
i case .of lung trouble.
A FATAL DEED.
VIKUIMA FAUJII.K'N .WTHI ERIOIS
PROJIPriSU TO niRDER.
He
Mya Two 31 cm be rw of nlat Faintly
will an Aiej
Suffouc, Va Feb. 2. Early yester
day morning, Bulling Parker, a respec
table farmer of ':insemond cou4ly, Vir
ginia,made a dea My assault with an axe
upon his. wife and Inserter. The lat-tt-r
was iDtjiitiy killed and the wife fa
tally wuiiu U;d. Parker siiys he had no
quarrel wi'h lUc women but could not
resist the p-mer that prompted him to
the deed. Hot Was lodged in jail.
He is believed to have been insane.
KalUoad olltMloii.
STAuxxoN.Va., Feb 2. r A disastrous
collision occurred on the Chesapeake &
Ohio railroad here at 1 o'clock this
morning. The night express ran info a
freight twin on a siding and com
pletely wrecked both engines Git
tings, of Richmond, the fireman of No.
3, was killed, bis body being terribly
scalded and mutilated. G. W. Ettin
ger, master : machinist, if Richmond,
bad his right arm and leg badly dam
aged and received a bad scalp wounil.
2eke Lowery, of Richmond, engineer of
No. 3, had his throat cut and arm
scalded. His condition is dangerous.
Charles S. Mailer, of Staunton, Va.,
engineerof the freight train, had his
back badly sprained and his body
bruised. : The Duly passenger hurt was
Dr. Lafferty, of Richmond, who was
standing; in the sleeping ; car, and was
knocked down and bruised, but not se
riously. : The accident was caused by
criminal negligence. The freight train
was on a side track awaiting the arrival
of the express. ; The conductor told his
brakeman. Samuel Vie, that when the
express passed he should fui u tht switch.
Vie went to sleep and was aroused by
the passing freight train.: He got up
and changed the switch just as the ex
press came iu sight, and before the fatal
error was discovered the: train dashed
on to the siding and the engines locked,
the two boilers ;beiug jammed together.
Auoiberl old Hav.
Chicago, Feb. 2. The m- rcury drop
ped below, zero .here again' last night, the
signal service reporting the minimum at 4
derees biuow, though private ; observa
tions make it from 10 to 12 degrees be-
Ow zero ' The weather is reported very
cold throughout Minnesota, Dakota
and Manitoba, the mercury dropping to
3& below at St. Psul, and to 48 below
at Miunedoso, J on. the Canadian &
Pacific railway. The temperature through
7: o
17 degrees
ui ivw to rcpurhcu itf 10
below sero. i
.LosDOa, -Feb. 2. Miss Mary Glad
stone, daughter of Mr. G Iadetone, was
married this morning to the Rev. -Harry
Drew, of Ha warden. The ceremony
fas performed int. Margaret's church,
Westminster. Mr, Gladstone gave
the bride away; Among the persons of
note present were the Priuce Snd Prin
cess of Wal s, their sons, and Lord
Roseberry. .The bride's j dress was. of
white muslin with lirussels lace. She
wore a wreath of orange . blossoms and
lilies. The crowd gathered outside of
the church, cheered the wedding, party
on their arrival and departure.
Mew Yurk Cotton tiitnr. :
Nkw Yohk, Feb. 2. The Post says:
Futures opened 2 points higher, gained
2 points in addition, lost. o points and
were sold before and at the third call at
prices ranging from 2 points beyond yes
terday s closing. At the call ltHJ bales
March brought 9.17, 300 October 9.25.
April was offered at 9.27, May 9.37,
June 9 47. July 9.56," Augttst 8.65,
September 9:42. Futures! closed steady,
2 to 3 higher than yesterday f !
: The Work f the flame.
Dktroit, February 2. News from the
Grand Haven fire today is very meagre.
The last estimate of the loss is 8300,000,
on which the'' insurance is a little less
than that amount. The grain elevator
which was destroyed was; thei property
of Newberry & McMillan, of tuts city
who will probably not 'rebuild, as their
elevator was not a paying investment.
New freight housrs will be sartcd im
mediately : . ,
The Am r U-an Colwuy in Jdoarniag;,
; PAaik, Febj2. The American colo
ny here have gone into mourning over
the death of ;Mrs. Bayard. Minister
MacLane has cancelled the arrangements
for the reception he had announced for
Friday. ,
Tit Furtnn of No 10 hU t baric Mreet
Yesterday, at noon, a reporter for the
Picayune met iu the reception room of
the Louisiana State Lottery Company's
office Mr- Leon Marthe, the will known
proprusor in co. ia oi. vnaries street.
: a. - if vr. hi d ii x
W. L.J . II.J... i
ne asu vuiifu io ir;nifaci a iinie dusi
ness, aud taking out his pocket ook he
displayed a jf:t- ry ticxet. which .was
stamped 09. one-ttnih of the First
Capiti.l Pi i Tie iu December 15th DraW'
ing one-.tnth ot XluU,UUU for one dob
lar. New Orleans Picayune! Dec 19.
InveatlaaUOM of tit Telephone !,
WasuinoI'Os, D. C. February, 2,
rm t . - .
Ibtt committee on expenditures in
the department of justice will Thursday
begin the investigation of the telephone
cases, as authorized by the House of
Representatives.
'State Seriator G. W. Plunkitt, of
New York, was a sufferer for six years
from dumb ague and fever. He was
completely cured by taking five Bran
dreth Pills every night for a week. Oho
or two taken every night are perfectly
safe tor old Ot young, male or female.
OCTOBU TERM, 1885.
i From Advance Sheets of Attorney General T.
r. Uavtdsnn's 3d A. C. Kpppru.
State vs. Gaskins. ,
1, Where two c pspire to kill or ; in
flict grave bodily injury on. a third per
son, and in carrying out this purpose
one of them fires a pistol at such person,
who immediately pursues them and kills
the one who did not fire the pistol, it is
manslaughter. ' ;
2. Where, a defendant asks a Special
instruction to the jury upon an aspect of
the case which is presented by the evi
dence, which the court does not give, it
is error, and entitles the defendant jto a
new trial I
State vs. Hall and Savage.
1. The crime of arson was complete
at common law by the burning of any
part of a house, and a house is burned
when it is charred, that is, when any
part of the wood-.therein is reduced to :
coal. . - ' -:
2. "As a general rule an indictment
should charge a statutory crime in the
words of the statute.
3. Where an indictment under;:: the
statute charged the defendants with
unlawfully setting fire to a ceitain lot
of fodder, &c. , but did not charge jthat
they burned it: It was held, fatall de
fective, and the judgment was arrested.
State vs. Collins.
Where a judge allows improper evi
dence to be introduced, after objection,
but before the conclusion of the trial re
verses his ruling and withdraws the evi
dence from the consideration of the jury,
instructing them that the evidence is inad
missible and they must not consider it ;
Held, not to be error.
State vs. Lyon. . . -1 ,
1. An appeal does not lie to the su
perior count from the action of a justice
of the peace requiring a party brought
before him on a peace warrant to give
bond to keep the peace. It is suggested
that in a proper case the action of the
justice might be reviewed by a certiorari
or habeas corpus. , ' ' I
2.; Where a justice bound a party:Over
to keep the peace, and on appeal to the
superior court the order of the justice
was . reversed and the prosecutors or
dered to pay the costs, who appealed to
the supreme court ; It was held to be
erroneous. ' ;
State vs. W. F. Smith. ;
1. - A drummer is not protected from
the penalty imposed by the statute against
persons selling goods without license,
unless he shall be in the actual posses
sion of the license at the time that he
makes the ale. ' f f ;
2. When an act forbidden by law is
done , the in tent to do th e aet is the criminal
intent, and no one violating the law can
be heard to say that be had no criminal
intent in-doing the act. : i 4i i -3.
When the act itself is equivocal,
and becomes criminal only by reason of
the intent with which it is done both
must unite to constitute the offence, and
both must be proved in order to warrant
a conviction. ' - --' ;
"Fr DlaveU."
There was a large audience at Tucker
hall last evening to witness the appear
ance of the Academy opOra company.
The presentation of Auber s opera, "Fra
Diavolo," was unquestionably the musi
cal event of the season : and delighted
the audience. lhe eompany is a
arge and strong : one . ana : the
choruses are of marked effectiveness.
The performance of j Miss Jeannie
W mston as 'b ra Hiavolo was i very
fine, and her singing, j particularly of
the serenade "xoung Agnes, beauteous
nower, won her admirers by the score.
Miss Louise Searle sang with rare sweet
ness and made an impression equal to
that of Miss Winston. The support
was good. 'I he orchestra ' was also' ex
cellent. The performance will long be re
membered by the fortunate hearers-
Cnnrcb llntarlsm n mmU " 'i
Tomorrow .evening at the Park Place
assembly rooms there will be an enter
tainment m aid of the Church: ot the
Good Shepherd, which wall baye many
pleasant features, lhe programme is as
follows:' Tableau, "A Week's Work;"
song, "Old Black Joe;" tableau,
'Flags of Several .Nations; song
Barbara Allen;" tableau, : "The
Knight's Choice;" song, "Don'ryougo,
Tominie; tableau, 'l? ugitive s Jttoyal
isti" song, "Darby and Joan; tableau,
'Keeping School;" recitation; "Long
Maids of Lee." Finale, "Auld Lang
Syne. Admission: Adults cents;
children 10 cents. Refreshments will
be served down stairs at the close of the
entertainment. ,
Ami' Criminal CAle aud Dlgnt.
This work, the advance si.eets- ot
whfch were noticed some time since; has
just been issued from the presses ol Ed
wards, Uroughton& Co., of this city, lh
volume contains 335 pages, is printed on
clear tvpe, on excellent paper, and is
well bound in law sheep. M. N
Amis, Esq., of the Raleigh bar, the
author of the work, is receiving very
flattering endorsements' from the beet
authority not only practicing lawyers
and magistrates, but from the justices of
the supreme court of .North Carolina,.
Chief justice Smith says) "I give it
my cordial commendation; as a valuable
and useful contribution to our law litera
ture." ' Associate justice Merrimon
says : 7. l una tnat it is a worx 01 merit
and practical usetulnessto the legal pro
fession in this State, lhe young author
has done a good service, and meri'ta the
thanks and encouragement of the pro
fession. Every practicing lawyer should
have a copy of his: book." Associate
justioe Ashe says ; "The book will
be a yery important addition to the
library of every lawyer and especially
to that of the criminal practitioner. The
work does credit to its author, and I
heartily recommend ii to the use of the
profession.4' . The work is for sale by
the publishers, and will be sent by
mail, postpaid, on receipt of price, $3.
See advertisement in another column.
A Fmalt BnifUi. '
Monday night burglars entered r the .
dwelling of Mrs. Emma Br j an , on South ,
Blood worth street, and took ; there
from a number of articles Yesterday (
a negro man named William Miteheu j ;'j
applied fo a search warrant and under -
this the police searched the house of ;
Malyina Gorham, a negro woman.S In- f
this hom?e they foi nd Mitt heh's prrp rty
aud in addition made-" a discovery of
more importance;" There were a number
of the articles stolen from Mrs. Bryan.
'That lady's name was found on some of '
these. The woman was tried before j.
justice Wesley Whitaker, who sent' he I
to jail. While being taken to jail tsbe -attempted
to escape from deputy shicriff
Rogers, but made a dismal failure and .
is now behind the bars. . !
"A liovd Hta Leavelh mu IntierHaaire.t
Dr. C H. Cofiield, a prominent citi- ; . - - v
acn of, Uaxnett eonoty sImbJ) fw Wteltss .ii
since, after a brief illness. Fortunately i'''
for his family he held a policy in the i v
Life insurance company of Virginia,
and it is said by Col. F. II. Cameron,
superintendent of the company, that a
qheck in payment of tlft policy has al
ready been sent to the family. -
5 m , ,
A Myatwry.
I How the human sysUm ever tecovcrsr -from
the bad) effects of the nauseous
u edicines often literally poured into it
for tho suppositive relief of dyspepsia,
liver complaint, constipation, rheama-
tism and other ailmc-nts, is a mystery. i -.j
The mischief done by bad medicines ria ;--scarcely
less than that caused by disease, i '
If they who are weak, bilious, dyspeptie, I -Constipated
or rheumatic, would oftener' .
be guided by the experience ot invalids .
who have thoroughly tested Hoste titer's '
Stomach Bitters, they would in every s
instance obtain the speediest aid derira-
bie from rational medication.;' Ibis v
medicine is a searching and at the same
time a thoroughly safe remedy, derived ,
from vegetable sources, and possessing, '
in consequence of its basis of pure
pirits, properties ai a medicinal stanu-
ant hot to be found in the fiery local ;
bitters, and stimulants- often resorted to .
by the debiliated, dyspeptic and languid.
Representative Pigott, of the Con-
ecticut legislature, has disturbed the-
equanimity of his esteemed contempo
raries by introducing a bill making the
acceptance of a railroad pass by .any
State official subject to a fine of&500
Some of his fellow-members think be is
drawing it too fine. -.- ! .
Advlte t Mothers.
Mn, Winslow's Koothing Syrup should aU
Ways be nsed 'when children are cutting: teeth.
It relieves the little sufferer at onee, it pro
duces nattinuV quiet sleep by relieving th
ehild from iain, and the little cherub, awakes
asuignt as a button." it la very pleasant, to
taste; soothes the child, softens the grnna, allay
til nain. relieves wjnt t reitulates rthe bvWck rfvT f
ana it tne nest Known remeay tor aiarrnva,
Whether rising from toetoing or other
Tweaty-tin uta a botr' - '-'f.
"The Oreatast Cora on Earth tor Tain."
TCUctw mor quick !t than any other knowr
v T7' Rhcumatlwn, See
tnreujiijf, OHO. JCCK,
Toocaac
acta' 1
Sciatlr-j
ra. woe
- a belt
Fpraius, eeo.. PHeen
facain nmnra, A. irver- Ua,
DR. BULL'S COUGH SYEUP
For the cure of Coughs,'CoWs, Hoarse- i
ness, Croup, Asthma, Bronchitis, 1
Whobpfnjr Conrh,- Incipient Con
Santptiod,. and iot the relief of cost j
lumptiva persons in advanced stage j
of the Disease. Fcr Sale by ail Drug
gists.' Price, 25 cents.
KRAMER'S ?-
5 CENT PUG
CIGABS.:
B .URTTKIt -n the market. Mac's
c!e af tisd CAciiOt bf xctlled,
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