lit
,.
I '
J'
Observer
OL. XXV.lt.
Raleigh, n. c. Sunday morning, auqust is, iss6.
NO. 79
"SI"'' .
Nr I' III-.. ; " f
BWS
-Hl o JPJ
Ji lJan) if
Absolutely Pure.
- This powder never varies. A marvel of
, Hrlty, rtrentrtb mod wholesomenese. . Mora
eonoraical than .ordinary, kinds mud ounot be
Id ia oonfrtlt!on with the' multitude of low
test: titrn weight, alum or phosphate Kwder
ld An'v D cnt. Hot A'. Bauko i'owia
O., 103 WiU Street, New York..
ld br W C ; A. B Sironach, George T
rv-ch and I R "ire;) )o. . J
BROWN'S
IRON ,
BITTERS
WILL CURE
HEADACHE
INDIGESTION
BILIOUSNESS f
DYSPEPSIA
NERVOUS PROSTRATION
MALARIA" i
CHILLS and FEVERS
TIRED KEELING
GENERAL DEBILITY
PAIN m tHE BACK & SIDES
IMPURE BLOOD
CONSTIPATION f
FEMALE INFIRMITIES
RHEUMATISM ij
NEURALGIA f
KIDNEY AND LIVER
TROUBLES '
fOJt SALE BY AIL DRUGGISTS
TVs GeauhM has Trade Mark and craned Red
late oat wrapper.
:: TAKB NO (THFR
THE GRKAT BARGAIN STORE OF
BALKIGH.
I very body is Working for the almighty aoi-j
In sad but few know how to um it after they;
' ' ' .' i
get it. They fool it away in bad bargains and'
t does them but little good. Buy your goods:
and everything le where you can get them
the cheapest, as the Rack t Store does. Big;
prices will not do la these perishable timesj
The rich cannot afford 'to waste their money
and jthe poor require every dollar and every
penny. We deal in good goods and not trash,'
and believe the masses will patronize the house
that sells the "best goods for the least motey.
Who can tell the waste of mon-y when you get
your goods from ahoussthat buys and sells oni
long time. What is the use of wasting a dollar
wUen you can save one? We throw on our
counter day after day new arrival at v&nio
prices from bouses that will go down to-mor-
row and are compelled to sell ti us at such
. . -
prices as we are willing to pay. From such
sources' as ilfese we get many of the goods
we are pitting against the credit system, for
money, reputation and! the people. Our stock
will be replenished every te,w days with specisj
. , .r
bargains. ThU week we will offer you some
great bargains in suspenders and braces at 2$
, - . ..- . '
celrs, worth 50 cents ; big Job in hosiery of ail
' deseiiptions; new style office bustles at 17 ctjj.
- ---J . r , ' ' " ! .. . r
' worth 35, shoes of all kinds; cheap line of
'; ,
eottohade paaU; new lot of our 78-tt. shirU,
worth $1 J lot Hamilton print at 6 cU. worh
7 eta, any where. We wIbIi an early and' re-
pc'ated Visit nd loapectlon. ?
. ' ' vr . I
' i
jtespectf ally submUtcd to the caxh ' raje only by
V0tNKY rUBSELL 4C0
3
i
STORE
Jf9. 19 s0i Martin Bctm'J
NEWS OBSERVATIONS.
f-Qlidstoue'a election expenses in
his recent campaign are returned as
.lM 3a. Id. Not much soap in that
bufekk.
r Mrs. Cleveland will have Eer little
I jokof When an enterprising photo
grapher asked her to give him a sitting,
she responded with a "negative "
A Virginia man fcas been c tiered a
$25,1)00 position on the Panama caI.
Old rpa Lesseps is bhoveling out ihe
spondulix faster thtn he is the dirt.
r Good news for the republicans
comes from Ohio. Ei-ppeaker Keiter
withdraws from the contest or the con
gressional nomination io his district,
lid niight have been elected, possibly.
-The girl being absent, the ladj an
swered the back-door bell. She was
accosted by an embarrassed looking man,
thus "Excuse me, madam, but I've
oo me-for your remains." It was the
swill) merchant. - This happened in
Boston. '
J)olly Adams, who prefcred crim
inal jshargea against Col. Gilder just as
hcwss about to start with a 6earch war
rant -for the North Pole, has asked - to
have! the charges withdrawn. She ex
pects James Gordon Bennett to settle
the indebtedness of Gilder.
rMUs Violet Cameron, the pretty
English actress who is about to visit
our Chores, ia getting that sort of ad
vertising so dear to the expectant heart
of the American dude she is trying to
get kid of her husband. If she suo
eee'di, ber fiuceess here is assured.
-f'Stay aoodder ?eek?" says Mr.
Mitxinheimer, "veil, I doand decides,
already. Derbodel pill ish colossal,
bud, jden, dot vealthy Meestcr Sloppen
heimer vas all attentions to Loovesaund
mighl brcpose, ain't id ? Veil, yes, ve
stay anoddcr veek, my tear."
4-fhe receipts of the government
sinpejjuly 1 have been nearly $4,000,
000 in excess of the receipts during the
aino period of last year. The increase
was about $2,-000,000 from customs and
abduj $1 , b00, 000 from internal revenue.
Ihcs ngujes are held to be indicative
of $ ood state of business throughout
the country.' '
--At ConnaugLt, Ohio, Mrs. S tough
wetit to the river to wash, taking her;
three children with her. One of the
little; fellows fell into the water, and at
tempting to mcue it, the mother and
all tie ebildrcn were drowned. The
bodis were, found tear each other in six
feet 'Of water.
pMr. A- 8- Abell, proprietor of the
Baltimore Sun, celebrated the eightieth
anivirsarr of his birtk Tuesdav last at
Guilford, his Baltimore oounty residence,
nd the venerable gentleman ws fairly
OTcrv helmed with loving rente mbrane. !
frotUjhia sons, daughters and grandchil
dren . Jfortune has been kind to bun in
etlry wayr'. ' : ' - ; '- r? s.-
Since prohibition went into-;ffeoi
in Atlanta a regular trade in empty bot
tles pas sprung up, and the principal
collcctof .and dealer; a colored man,
handled 7.000 last month, mading gbD
cleat? profit. His collection are large
enough to require the use of drays to
oonvef uem w a wareroom.
r-One of the first plants to change
fromi green to scarlet is the poison ivy
Beware of it. Remember the poison
vine! has three leaves in a cluster; the
leaves of the harmless woodbine are in
clusters of five. Another gaily hued
plant of the early autumn is the poison
oak.i
. - - ;Tbe bridesmaids at a recent Lon
do Wedding were arranged so as to "lead
the eye down to the bride's train'" Two
very little girls marched behind the
bride and the other eight maids wero
arranged according to height, with two
perfect grenadiers of g;rls as file
closers. -There is perhaps nothing like a
wedding present as a test of common
sense. The gift you send to a prospec
tive jbride is a good indication of your
own1 powers of judgment. It is seldom
thstj the hurry of city life enables any
one to do full justice to the opportuni
ties joffered by the custom of presenting
women about to wed with appropriate
gifts;. In fact it is only in the rural dis
triots that wedding presents reach that
high; perfection in whioh usefulness and
ornamentation are alike combined.
Take, for instance, a recently published
list in a country journal: From father
and; mother of the bride, one Jersey
calf; from bride to groom, hair wreath
made from hair of her , entire family,
and also six fine 'shirts; from brother
Elias, one book of poems, one dream
book, one 'Polite Letter-Writer,' and a
dog from Aunt Harriet, six hens and a
rooster, also one jut tomato catsup;
from Uousin oarah, one poem made up
by?) herself, on the bride and groom,
fifteen verses in all. TJo
fould any list b
more complete?
r-The wide flat gimps of silk whioh;
were so extensively used upon spring
costumes for visiting and handsome
walking dresses, will remain a favorite
earhiture for autumn suits. Many of
the cloth dressesfrom Paris are severely'
made in regular tailor fashion, but with
departure in the shape of theso rich
ginips as garnitures for the skirts and
bodices. The stylish English coats and
Louis XIV. jackets, with the perfect
fitting and graceful waistcoats which ac
company these garments, are finished
with an effective trimming of these silk
gttnps in arabciqae and other designs,
add in many instances the kiltiug, which
reaches from belt to hem, is covered
a third of its depth with this same dense
garniture, whioh has all the effect of
rich applique work.' The baok drapery
is jwholy untrimmed, but the an. pie
vest, high military collar, wide pooket
lhps, and torn-back cuffs are each cov
ered with the silk gimp ia a design par
ticularly formed for each scj arate por-
tWp. :
GONE TO MEXICO;
GEN. SEDGE WICK WILL
TRY
TO
5
FIND THE FACTS
IK TUS NOW FAMOUS CASK OF CCTTINO
v' lIl0ET TO MR. BAVAED. ,
Asn
shikoton. D- C. Anirust 14
-Ao-
ting secretary Fairchild said today that
no policf bar been determined on by
PC
the 'depSrtment with regard to future
calls for bonds. The call for $10 ,000,
000, which will mature September 15,
was made because it was deemed wise
and expedient. Future calls will be
determined solely by the state of the
finances. . While it is not probable that
a second call for $10000.000 may be
made next month, such action will de
pend entirely on .the condition of the
treasury at the time. Fairohild's views
on tthe public debt arc embodied in the
following 6tatoment- made by him be
fori the Senate finance committee when
(ho surplus resolution was under con
sideration: : ':
VThej secretary of , the treasury is
fully in lecord with this resolution so
far as it'is a declaration in favor of ap
plying the surplus revenues of the gov
ernment to the extinction of the inter
est bearing debt, in such amounts and
at such times as this may be prudently
and beneficially done."
Fairchild denied in the most positive
terms th$ published statement that he
and treasurer Jordan were at variance
on the subject of the bond calls and
said the recent call for $10,000,000 was
made alter a conference with Jordan
and with his entire concurrence.
Tho President is using his best efforts
to olear up his work so as to leave here
earj-v next week tor the Adironaact
mountains. He proposes to go soon .as he
eauj ana to leave aionaay u nis
affairs permit. His assistants are' ma
terially decreased by the illness of
secretary Laid on t and the temporary
absence of Mr. Jrruden. .
It is said the president will appoint a
new public printer and district judges
for California, Alabama and North Car
olina before his departue.
The president to-day appointed Wu-
liai$ J. Newman United States district
judge Kir . the northern district of
Georgia; Thomas B. Yancey to bo Uni-
ted;States marshal for the western dis
trict of Tennessee, and Thomas W.
Scott for. . the eastern district of Vir
ginia, i ,
It can now be authoritatively stated
the; Gen. A. G. Sedgewiok, of New
York, goes to Paso del Norto and Chi
huahua a by request of Mr. Bayari and
Hil mission is in no sense of a diplo I
lu joonaecuou witn tuo vutuug case
matie nature, but simply to secure for
the- department full information in re
gard to the case. The records of Mexi
can courts are not published like those
of this country, and the usual diplo
matic Channels through which' they
would naturally be sought are slow,
owing Co the distance between the scene
of ; the atrial; and the capital of Mex
ico Gen. Sedge wick, in addition to
securing the records, will look np all
the; facts in the case, and study its legvl
features, reperting fully and early to
secretary Bayard. "No further steps
ar6! contemplated by the. department
uniil his report. His journey may be
: . . j A - n:i -r a : w:a
i' filial, l r. j i l v nirx inii. . .
- ,7T .1
rcgara to tne rumore wpiwm or
minister jaexson, u can do Btaieci upon
authority that his purpose to resign an-
tedatca the present controversies, but he
is expected to remain at his post until
they are fully settled.
The, President has appointed. John
Gopdei of Virginia, special counsel on
the; part of the United states, in the
suit instituted at Columbus, Ohio, to
test the validity of the patent granted
the Hell telephone company.
: A Double Elopemeat
Of TWO MARKUP MIN AND TWO Q&ASS
If-. WIDOWS.
, CoKCOEn, N. H., August 14. A
doable elopement which oocurred Thurs
day is"; causing much excitement here.
The parties were George L. Maxom and
Goo. VV. Klake, a conductor, Mrs. A.
Ml Dfckerman and Mrs. H. T, Dicker-
man, i The four met at Penaoook and
took a night train. Max am is mcrried
and his a son 12 years old. Blake Js
also married. Both men took all the
money they had, leaving their families
destitute.
Kre Troablct Id Ireland.
IDcbun, August 14. A detchment of
the Kildare police while marching from
Dunganon railroad to their barracks,
were attacked by a mob with stones.
The crowd was soon dispersed without
bloodihed. . It is feared there will be
trouble in Lurgan and Newry tomor
row.; -
Belfsvat X'"der MlUimrj Car.
j' Bsuast, August 14 The employ
ees of the Queen's island ship- yards
marched home in a ody today, without
ing molested. l3.rge squads of cav
alry ; and infantry are patrolling the
streets.
lUrde Bailors na -m t SMiet urtwMd,
F , Mossoi, Va , August 14
Three sailors of the training ship Con-
stellstion were drowned while endeavor'
Inn to recover the remains of cadet
gchley.
" I .
i Folsom Fire Kcourged.
FOlsom, California, . August 14.
Twenty-six of the principal buBiness
bouses here were destroyed Dy are yes
terday. Thd loss is $150,000; insurance
3500. . i i
j ; 1 Sl-'SaWsW'a--'
I Those bo are in the swim down t
Igo bathing in the surf any more.
Johantea i ! errata.
NOMINBKS OF Tftt COf MTT COXTKNTIOX BBLP
TS8TERDAT.
Special Dispatch to TB ts asdObsebvkr,
? SMiTntFrsLD, August 14.
The Johnston county democratic con-
venti' n nominated today for the senate
James H. Pou; for the house of rcpro-
sentatives.J WJ Perry and K 8. Abell;
for clerk BUperwr court, L K. Wad dell:
sheriff. Jackson Hams; register of deeds,
Jesso D. Morgan j treasurer, Rev. John
J- Harper; coroner! B. R. Hood; sur-
vcyor, T. R. Fulghum.
Floanrla-l afattara.
TBI BANK STAT1MB5T EAT'CE CNFAV0R-
ABL.
Niw York, August 14. The bank
statement shows a further falliag o ff in the
reserve, and is generally Vdieved to be
unfavorable. Tho reserve aas decreased
$1 435 025; loana jiet siecmaMd
$3,093,900 ; specie has increased Zo,-
100 ; legal lenders have decreased
$3,605,000, and deposits have depressed
$7,542,300. Manager Camp, of the
clearing-house, says ne has not investi
gated the cause of i the withdrawals of
deposits and the; loss in legal lenders,
but that the increase in specie is due to
the chango mado by the sub-treasury in
(tayiikg balances iq gold instead ox in
egal lenders; Other bankers say that
the trust companies have taken advan
tage of the high rates of money to lend
as much as possible, and the loans made
by them have caused them to draw a
great part of their deposits and also de
creased the banks' loans. The net
amount of money shipped to the west
during the week is placed at $2,000,000.
Autl-lhlna FeeUus; 1m Alaaka.
Ssattlk, Wyoming Territory, August
14 Advices fro Ail Alaska are to the
effect that the anti-Chinese movement
has spread to that: Territory. August
4th, at a meeting at Juneau, it was
decided that the Chinese employed by
the Alaska mill and mining company on
Douglas island must go. A committee
of fifty prooeeded to the island and de
manded that Mri Treadwcll, the man
ager, discharge I them. He refused.
The committee retimed to Juneau and
reported to the citizens at a secret
meeting. The 6th 100 miners proceeded
by boat to Douglas island and in spite
of Tread well's protest assembled China-
men, eighty-six in number, at a wharf,
for shipment tor Seattle by the steam
ship Idaho. The 'captain of the Idaho
refused to receive this and as Treadwell
had gone - to Sitkat appealing for aid
from the United States steamer Pints
the miners were framed to devise a
quick means of disposing of the prisx
oners. There were! two schooners lying
at Douglas island; The committee char-
Mred one and seized the other,, tbe cap-
tain declinine to charter it. The China
men ' were put aboard these small Ves
sels and given 100 sacks of nee and
some tea. The! vessels sailed for
Wrangel island, but a storm arose and
thev were unable ta land. When tho
Idaho left Alaska! they were beating
about Juneau, both crowded with
Chinese- M
I WMtra Batre-DTil.
Gaaim Rapids, Uich., August 14.
A cold-blooded murder , was perpetrated
at Bock Yard, Michigan, today, and a
lynobing u probable. The murderer,
John Boyd. Deink drunk all night,
stole a revolver from a shop, went to
. , - . . . . .
the house of William U. Johnson, a
prominent citixen. balled him out and
ii,nt kJ- u,t1 ti.- i,.w . l
shot bim through the heart. Boyd
bears a bad name, but is; of a good
family. After the i shooting he coolly
Walked down the street, threatening to
kill all he met, and bragging of what
he had done.; He also attempted to
shoot two other eitiiens. He ia under
arrest, awaiting investigation.
Ob Strife Kada im Anotber Bf la.
PrTTSBuaa, Pa.i Ausust 14. Tho
striking coal-miners in three of Scott's
mines at Scott Haven resumed today at
the operators terms. The men had
been out several months for an advance
of five cents per fob and a check weigh
man. About 500M were affected.. The
West Liipcnring mine, near Union town,
closed today on acoount of a strike of
its men for short lours. 1 One hundred
and fixtyim?n arejtfufc
- , m j , '
1b Itsllsat Cboterat Report.
Londov, Auuftt 14. To-day's re
turns from the cholera infeeted districts
in Italy ar.-t Baretta, 111 new oases, ,41
datbs; Padua, 1$ new oases, 3 deaths;
Bologna. 11 new leases, 4 deaths; lta-
venna, 29 new cases, 17 deaths; Vioenza.
14 new oases, 4 death; Brendola, 11
A . ' 1 A
new cases, 6 deaths: ewsewnere, iu new
oases, 6 deaths The Austro-Hungarian
reports are: Trieste, 14 new cases, 5
deaths; Trume. 7 new oases, 3 deaths.
Sew York Cotton future.
Niw York, August 14. Green &
Co. 's report on cotton futures says:
With a small advance of operators and
no news of a character calculated to
carry much influence, it was an extreme
ly dull and unimportant market. A
few large operators appeared to be
watching the near months quite closely.
Total Ylalbl Supply f Cotton.
Naw York, Aigust 14. The total
visible supply of cotton for the world is
l,ittJ3,388 bales, of wnicn yi.&88 arc
American; against 1,323,218 and 922,
1 18 respectively $ last year; receipts
at all interior towns 7,536; receipts
from the plantations 5,572; crop to
date ,47y,OOU
Evasebali Yesterday:
At Cincinnat' KJinoinnati 4. Atret
ics 3. at Bostoo-f-Boston 7, New York
3: at Philadelphis Philadelphia 8
Wafhina-ton 0s atj Chioago Chioaeo 5
St Louis 2; at Detroit Kanscs City 3
Detroit 9; at Louisville Louisville 3
Baltimore 3; at St' Lnuis St. Louis 5
Brooklyn 2. , I-
A MYSTERY.
WESTEKN BELLE'S MY3TER
ldU3 DISAPPEARANCE
ADCKONWN i'ATK 0THIK tUALLV
STRANUK INCI0INTS OF TUS
r CASS.
LooASisroRT, Indiana, August 14.
There is great excitement over the ab
d notion and probable murder of Miss
Luella Mabbett, an estimable girl, liv
ing south of hero. Last week Thomas
Green', :;a rejected suitor, drove in a
oarriage: to her home, seized her and
carried her off. He returned home next
morning and disappeared. Miss Mab
bett has not been seen sitce and as
Green had threatened her life, it is be
lieved she has been murdered. An or
ganirod search 1 for her has vain
ly been carried on. A trail has
bedn found leading" to Wildoat creek
and: Boine believe her body will be
lound x& that stream. Thursday night
a mob went to Green's mother's, who
knew the whereabouts of her son. A
rope was plaoed around the old woman's
neck and sho was threatened with death
if She did not reveal the hidiDg-plecc of
her sonj but the threats of lynching
were of jno avail. She refused to open
her moifth to betray her son. The mys
tery is deepened by the disappearance
of another of Miss Mabbett's suitors,
John Yierkesf The night of the ab
duction William Walker made a call on
Mbs Mabbett's sister and he has since
been arrested as Green's accomplice.
Mrs. Green has also been arrested.
Aiebpinhop (jlbbons
TAKES APlFFKRlNT VIKW OF Till KNIGHTS
. 07 LABOR.
Baltimore, August 14. The Ameri
can will; print tomorrow an interview
with cardinal Gibbons. H says :
"Cardinal Taschereau's condemnation
of the Knights of Labor should not be
taken as- the sentiment of the oburch. I
am not familiar with the labor organi
xations in Quebec, but it is certain that
the cardinal's hostility grew out of
some local law cr conduct of the
Knights which are contrary -to the
doctrinei of the church. As to the
Knightsof Labor in the United States I
have not thoroughly examined their
constitution or studied their purposes,
Jet from tho newspapers and Mr.
'dwderly's statements I infer that
their objects are praiseworthy
and pot opposed ; to . church
views. hThe Catholic prelates will to
a man declare in favor of the organiza
tion of lalor. There can be no wrong
injt. The organization is the basis
of : all progress, political, social and
religious. ' Only when it is abnsed does
the church raise her voice. I have no
knowledge'of local societies in Canada.
Whether; or not secret pledges &re taken
by the Knights of Labor there is &
question!on which more light should be
thrown by their leaders.
Vicar-general Conway, of Chicago,
assured me that it bears no resemblance
to the order of Masons, Odd Fellows
and other organizations which the
church can never countenance. A
distinction must be made as to the
nature of secret pledges. We
hold that if a man joins
a society swearing never to reveal any
of its workings, and' to obey the dic
tates of its officers blindly, he surrend
erS'his personal liberty On tte other
band, if a man joins, swearing to keep
secret its meetings, with a proviso that
nothing shall be contrary to the laws of
the; land, we hold he is perteotly justi
fiable. The whole question depends on
which of these oaths members take. If
tho latter, and in accordance with Mr.
Powderly's statements, then the church
v- -ww a . W V 1
says to; the ivnights oi LiiDor, "uoa
speed you. If, however, an apsoiute
blind pledge is taken, no matter now
audable the objects of the society, the
church can never countenance it, and
ill call on her children to withdraw,
under pain of excommunication. So
everything depends on the proviso."
1 ; A Crime of Crimes.
BRUTAL FATHER TilKOWS HIS SON INTO A
THBX8HKH.
ISfFiltouAM. III., August 14 It was
rumored yesterday that a horrible trag
edy, followed by a lynching, ooourre-i
near Georgetown, Illinois. The names
could not be learned. 1 he information
was, that a party wero threshing, when
young son of a man feeding the
thresher accidentally hacked his father's
hand. ; This so enraged the latter that
he picked his son up aud threw him into
the thresher, the boy being cut to
piecesi - The father at once fled. He
w ss soon oapturiu by tne macnine
hands and lynched, by being hanged
from the thresher. The rumor has pro
duced a great sensation.
I Ellner Killed bjr Ex plosion.
The: number of miners killed by an
exblosion in the Woodend Colliery at
Leigh, yesterday, is now placed at
thirty-ix. The DOdies oi twenty-one
& ive been recorded.
; ? Notice.
J Hirm lodge No. 40, A. F. & A. M
will njeet in regular communication on
Mondly evening, August 16th, 1886,
at MaSjnic hall, at 8 o'clock. Members
are- Earnestly requested to attend
Kretnrcn ot sister lojges cordially in
vited to attend.
E. B. Thomas, Secretary.
i ; The American ttorcu-opa'hic observer savs:
Tne l.ibig Co'a preparatidns kbould not be
Confounded wi'h y .teut nostrums. Its t,oca
U.'e Tonic is a lcgMinute ph irmaceutical j ro
duct, and worthy .f the ricumiceudatiori be
stowed upn it by both home?ruittio and
allopaluio )wuroau invaluable la all who are
I run down, ni voua, dypejtio or bilious.
l b sillier (N.
the application foe habeas cobpcs ar
"qvid before justice hereihon.
The fact of the hearing of this ease
before judge H. G- Connor, at cham
bers, at Hillsboro Friday has been pub
lished. Judge Connor made the fol
lowing order:
Upon the return of the writ of habeas
corpus heretofore issued in this cause,
and hearing the testimony offered on
behalf of the applicant, examining the
record of the superior court of w ake
county and the argument of oounsel,
the court suggested that inasmuch as
the applicant, as appears by said return
and record, is confined by virtue of an
alleged order made by the Hon. Fred.
Philips, judge presiding at the July
ttrm of the superior court of Wake
county, the court entertained doubt as
to its powder to review such order, sug
gested to the counsel for the applicant
that it would be more orderly that the
same should be considered by one of
the justices of the supreme court. They
ask permission to withdraw the applica
tion, to the end that such application
might be made to the said justice, if
they so desire. It is ordered that, the
applicant be permitted to withdraw his
said application, and that he be recom
mitted to the custody of the sheriff of
W ake county and that the said James H.
Miller pay the cost herein.
The application for a hearing before
judge Copnor was withdrawn by Mil
ler's counsel, who applied to justice
Merrimon of the supreme court to hear
the case. The hearing was set for 4.30
o'clock yesterday afternoon, at the su
preme court room.
At the hour named the defendant, in
charge of deputy sheriff itogers, was
taken to tne court room. Deputy clerk
I). R. Upchurch was present as a wit
ness, with his oourt records. A hear
ing in a habeas corpus case is rather a
conversational affair, as both the judge
and; attorneys frequently address each
other and ask all sorts of questions.
Maj. Gatling, of oounsel for Miller,
began the argument in the case. He
took up the matter of Miller'B right to
appeal and said the supreme court had
decided that an appeal lay. He cited
Dri ver's case. He spoke of the fine im
posed on Miller and said it was excess
ive, j A fine light on one man would be
heavy pn another. He said that evi
dence of Miller's present poverty had
been presented, and put in evidence.
He had no excess oyer his homestead.
Now, instead of appearing as a man of
means, he appears as a poor man. He
siid that he thought, as an individual
thai after twenty days! stay in jail Miller
could take the debtors oath. Some
other lawyers took a different view of
that matter, lie said that if Miller had
no iaoney he would have to go to the
wotkhouse to work out his $2,000 fine.
Tie rate of wages allowed is $6 a
mouth , and' it would take twenty-nine
. e j mwmm
years to work out the tine, lhe sen
tence he claimed was therefore twenty-
mile years imprisonment at hard labor.
Taking this view, the appeal was taken,
the bond was given and the require
ments of tke law were complied with.
He eite'i bohenck case, 74th a: C. 11.
He asked why tho appeal should not
vacate the judgment.
J ustioe Merrimon here said the
question was simply and solely, in his
opinion, did the appeal lie? He said a
judge could not grant an appeal, j
Tho question was whether the judge
(Philips) had given judgment in accord-1
ance with the' opinion ot the supreme
eourl as handed down below. Miller
asserts that judgment is excessive, and
is an error, but did not the record show
that the judge entered the very judg
ment that the supreme court Baid he
might enter 1
Maj. Gatling spoke of judge fhihps
action in leaving sealed instructions
With the clerk and said he could not
understand his animus in taking so ex
traordinary a course. He oould not
understand why an appeal did not va
cate a judgment in this case. It was
admitted that the first appeal did; why
not the second?
Justioe Merrimon again said the sole
point was whether the appeal lay. If
it aid not, taxing: an appeal amouniea
to nothing. It was not a question of
sympathy but one of law only.
In oonoludmg bis remarks Maj. Gat
ling asked leave to say some things
which he jfelft it a duty to say. , He had,
he declared, never been able to present
this case in its true ; aspeot. There
Seemed to him at times to be some ani
mus in tho oourt. It was painful for
him to say this, but he asserted that the
case had hemmed him in with difficul
ties. He would always think ' of this
case with regret and mortification and
some anger.
Justice Merrimon heard these words,
and in reply suggested that perhaps
Maj. Gatl-ing had failed to make his
point ; that might be the trouble. Even
? -mar .
lawyers as learned as maj. ti suing
sometimes made errors.
Justioe Merrimon went on to say
that the Code was very peremptory as
to cases where there was no final
judgment.
John Devereux, Esq.. appearing as
' imiftna miri.Tv said
tnis case was a
very particular
one, involv
ing pernaps new points oi
law, and was not reviewable
by habeas corpus. That would be .eon-
a .
verting a writ ox habeas corpus into a
writ of error. Tho purpose of habeas
corpus was to remedy jurisdictional de
fect. The question is did the appeal lie;
that is, did the court mike an error.
He said the proper motion would be one
before the judge to' vacate the judg
ment. He Mk"d if this proceeding was
not a shorthanded way of doing that.
Justice Merrimon said, the question
was very interesting. He said he oould
not get out his mind that question, did
the appeal lie.
Mr, Devereux said the- court
has the power to overlook appeals,
otherwise there would be appeal upon
appeal, and criminals oould never bo
punished. He insisted that a judge had
the power to alter a record during a ,
term. He said Miller's petition, filed
as one of the paper, was addressed to.
the sympathy of the court. . It wss
signed and sworn to by Miller and
simply endorsed by some other parties.
There must .be a place-where appeals
end. He said there was evidence that
Miller had some property and was not
a pauper, as had been intimated.
Justiea Merrimon asked Mr. Gatling
when in his opinion, appeals could be
ended. Could not men by continued
appeals avoid punishment ?
Maj. Gatling said in reply that ap
peals oould never end until tho ends of
justice were served.
Justioe Merrimon at this stage of the
proceedings (it was 6 30 o'clock) con
tinued the hearing until 4 o'clock p. m.
tomorrow. Miller was remandod to
jail, the justioo bidding Mr. Roge B
take the strictest care of him.
Chare be Today. ,. .
At Edmton street Methodist church:,
Services at 11 a. m. and 8. lap, m., by the pat-'
tor, Rev. W. V. Norman, riunday school at
9 a. m.
, Person street Methodist church: Sunday
school ar. 9.15 a. m.; R. C. Bedford suieriti
tendent. Preaching at 11 a.m. and 8. i5 p.
m., by the pastor, Bev. W. L. Cunninggim.
The public cordially invited.
Chrit church, eighth Sunday after Trinity;.
Sunday school, 9.45 a. m.; morning prayer,
11 a. m.; evening prayer, 6.80 p. m. Services
during the week Wednesday, ft p. m., and
Friday, 10 a. m.
First Presbyterian church: Sunday school
at 9.30 a. m ; no services at 11 a. m. Congre
gational and Sunday school prayer meeting at
5.30 p. m. Ho services at night.
Services at Second, Pre sbyterian church at 11
a. m. No services in the afternoon.
r e ii
Diocese of Hortb Carolina.
bishop lyman's appointments.
Aug. 13 Friday, I.incolnton, Ordination.
16 Sunday, 't ryon City, Polk Co.
Aug. 17-Tuesday, Mills' X Roads.
' 22-Sunday, CuUowhee. ' '
" 24 Tuesday. St. Joha's. Macon Co.
" 26 "Wednesday, 8 p. m.. Franklin.
IT Friday, Webster.
29 Sunday, WayneavUle.
4 p. m., Mica Dale.
Sept. 1 Wednesday, St. Andrew's, Buncombe
county. j
ville.
6 Sunday, Trinity churoh, AsheviUe.
" ' 8p m., Trinity chapel, Ashe-
9 Thursday, a p. m., Mqrganton.
10 Friday, 8 p. tn.. State ville.
" ia Sunday, Winston.
14 Tuesday, Wlnut C ote.
Holy Communion at all moj-niug services,
collections for diocesan missions.
WONDXBJUL CURIS.
W. D. Hoyt A Co., Wholesale and Retail '
Druggists, of Rome, U., say: We have been
selling Dr. Kings New Discovery, Electric 1
Bitters and Bucklen's Arnica Salvs for two
years. Have never handled remedies that sell
as well, or gie such universal satisfaction.
There have been seme wonderful cures effec
ted by these medicines in this city. Several
cases of pronounced Co nenompi ion have ben
entirely cured by use of a few bottles of Dr.
Kings New Discovery, taken in connection
With Electric Bitter. We guarantee, them
.always. Sold by druggists. j
Choral Unloa.
I take pleasure in announcing that after
numerous solicitations I have consented to
organize a chorus ot mixed voices for the
study of Orstorlo,Cantata,Opera, and Selected
Classical Music in connection, with the or
chestra, which is now1 in a flourishing condi
tion. The Chorus will be organized Septem
ber 1st. Thos who wish to join will please
send their names (stating the part they wish fo
sing) to me, as soon as possible. I shall be
pleased to hear from ail who sing, either by
note or by ear.
1 . Very respectfully,
S. P. Jachox.
"
Choics Wines. The best wines of the'
Thomas berg Vineyard, Rihgwood Wine Com
pany (Garrett's) and other approved brand?.
Orders from a distance promptly filled by ex-
drs or otherwise. . J. Hardih.
Keep Cool. Read the new advertisement
of J. C, Brewster A Co., and give them a
call. Everything new in the way of "Refrigera-'
tors, Ice Cream Freezers, Water Coolers, r.
The Bingham ton Cotton , Hoe, the Farmen.'
Choice. . r
3
Edward Fasnach,
Jeweler and
RALEIGH, N. C.
Gold and Silver Watches, American 'and
Imported. Eeal and imitation Diamond Jew
elry. 18 karat Wedding and Engagement
Rings, any size and weight. Sterling Silver
Ware for Bridal Presents.:
Optical Goods
A SPECIALTY.
Spectacles and lye-gllsses in Gold, JSilver,
Steel, Rubber and Shell Frames. Lenses,
white and tinted, in endless varieties.
Seals for Lodges, Corporations, etc Also
Badges and Medals for Schools uid Societies
made to order. 1
i !
MaQ orders promptly attended to. Goods
sent on selection to any part of th State.
f3" Old Gold and Silver in small and large,
quantities taken as cash. dly.
PUK1TY! PURITY ! !
Is desirable in all things .but demanded in,
articles of food.
Dont impiir your health by using adultera
ted lard, even If it does cost a little lei.
CASSARD'S
Is tor sale by the following leading grocers
and recommended bjf them to be the best, '
Try it. '
W. II. Ellis.
W. R. Newsom&Co.,
Grausman & Rosenthal,
J. R. Ferrall & Co.,
Norris & Newman, .
E. J. Hardin,
Wyatt Co.,
Jno. R. Terrell, HI
W. B. Mann A Co
w. v. upchurcha
N. V. Denton.
Alio CASSARD'S MILD CURED HAMS
and BREAKFAST STRIPS, wbi: are Ua
surpassed. i
Note This list will be corrected weekly, .
i.
1 ,