Newspapers / Wilmington Morning Star (Wilmington, … / July 4, 1877, edition 1 / Page 1
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! 1 B7 '""""TM TcnBD DAILY 36XC3CFT MONDAYS. . aenverea in nj ii ; W9yamt per week. Ow City Agenu are w. Pftfteci f mere than three month 5 itJrtBCC mWNft EDITION. OUTLINES. Let is about to breakup; it is thought V.irefliDcl McCrary.waires. SidentreporteMtated over , the r tment of Wells ana Anderson for per- Id connection With the Returning )ar - Commissioner Watts will not S as invited to do. ' Commissioner fnac has charge of the Agricultural De- tment-and Mr! Dodge continueajn urW the Statistical Bureau Department eMT, ;lt resist if U. S. tTOODS CfOSS jflexH-u " . .. . 1 border; she professes j a willingness to B - .v. --olii5nn treatv. - Mac- in's order to the troops excites great lation inParis. England and Aus; have agreed to a certain course upon Li. eventualities, Jh, 3Wi0pf J'er at Rome on account of the Pope's Edition. Russians occupyTirnoya. Russians are pressing toward the Balkans. , The dispatch of the English fleet to Besika Bay is said, to be tor the pro .. . Rritish interests, and that may 4 ,okeep the Russiansout of Constanti e A large spinning and weaving Sory at Ruen, France, burnt. ''- Blaine makes a speech and defends Grant is,,, Prof. Nathan R. Smith!; aged 8I ji: dead. Presbyteiian , Council opened at Edinburgh. Anotherheavy storm swept over Northern - and Central Ohio and Indiana, blowing "dowa bouses Md seriously injuring many persons and killing others. New York markets : Money easy at 1 per cent; gold a shade firmer at 105 ; cotton quiet at 12J12fc; flour quiet, without decided change; wheat more active ; corn i cent better-un-rolecl western 55159c; spirits turpentine closed steady at 31i32 cents;" rosin quiet at $i 952 00 for strained. : v 7 L """" "" EBKAITA. . (' This hot weather two errors es caped oar eye on the first page. In the fourth Hue from the last, ik: ar ticle on Judge Black, read "w writ ten." In the article immediately fol lowing read, at the close; ye also clean." ." -; : ' ' "J V- ,: Latest By Mail. Why Charle Francis A4ain BIe Ike President. ! ; - From New York Sun Interview. i-V "My duties as President of the Board of Trustees of Harvard ; Col lege required that I should be in Cam bridge and appear publicly with Mr. Hayes. Bat the suggestion that be caaseldid meet him in public, and extended to him a civility which I think proper to be extended to any one who holds the office which' he does because I did this that , I had changed my views, as expressed' in the letter to Mr. Tilden, which was published, Is wholly false. I have not changed those views,, nor can I. L did feel a little j peculiarly when' I thought, of meeting Mr. Hayes. It is a haTd thing to say of any man that he bears the stamp of fraud upon ; his brow,' and, therefore if, Mr. Hayes saw the let ter he must have been touched by it. I did not write it for publication, but only to express to Mr. Tilden some sense of my respect for the manner in which he had acted, while the wrong was being dene him. , ; But what .1 then wrote I still adhere 5 to. Still, Mr. Hayes came here. , . He'ia the act mgTresident not the rightful Pres ent, but still he holds the office. A certain respect is due that office; that 18 all that mv aoDearance with Mr. es means: - i - , 'Bare Slaalf bf Hli CIrealar. I Special to the Gazette. 1 5 k I " C ' Washington, Jnly fl j- The President ha marlo nt his mind to fight the politicians on the perils of his recent order, to office holders. He said: very recently to a riend that he knew the order would create dissatisfaction in . the party,? out he believed -it wa'ri(rht innrin:4 C1ple, if it did Jose ' the 1 party f ome voters at first, and be meant to have J rigiily carried out. : He regards "self.-aBiir says,' at the head of a arge business, which he is expected .V nn in the interest 1 of the Peple. He does not think it right n f?,,mes8'Uke thai: men who are paid by the povernmont for 'attend- "g to its interests should be wasting lpeir time attending nd maninnla- o conventions, and be announces w ; the office-holders 'who come in C0DfllTt. wth this jorder "will anffer. e sayatho Southern poHcyis a fixed od .will not be changed, and, jntimates rather forcibly that the par-V it. t . come 10 his notions, and that "ehelieveB it will do so. ' ' :a U meBeemIteeireU at KIbsIob, Ui e ?0ndeose some items from ' a w the Goldsboro Messenger: ston has two excellent schoola in S88ful operation the Oollegiatd Z i Ute' training about one hundred Fot ' Pled over ly Elder H. , Sf'7 popiU, eondacted by schoftT voluS exercises ot Dotn tUese ParS , Qow in progress, and those corrfo lli8 PWgrammea. which ydnr poudeut has had - the pleasure both S?e88IDg? r?flect great credit on Whe teachers and pupUs. - 4 bra?eXe5ci,se8 at XoHitote em j S debate-" Was , the South stihable in seceding" and ean ad- VOL. XX.r-NO 8S9. dress by Dn Craven on The Ma chinery of Education.' Other 1 fu tures were a musical concert on Fri day, and! addresses by Fred. A. Woodward and Hugh F. Murray, of Wil80n. : r: '. . ; .. . '; StateaYlIle Bank-DebtM and Aaaeia . ! LRaleigh Observer. V 1 The Statesvilla Bank has be4n ad judicated a bankrupt on the petition i .V'TIl'. 1 o -r-r 1 - ui juessrs. iiiacKmqr b Henderson, Tucker, McCorkle arid Folk.solicitors for Mrs. LRoxana Simon ton. The schedules filed with the petition.show an . aggregate indebtedness, ? by cer tificates of denosit. of about seventy thousand dollars ($70,000) ; and assets to me amount ot about nineteen thousand dollars ($19,000). Citizens of Iredell county hold certificates to the amount of $60,000. The largest certmcates are in favor of Mrs. Kox ana Simonton, wife of the late R. F. Simonton, for $20,000, and the late Judge Mitchell for $12,451. j ; A meeting of the creditors is called; at Salisbury, July 16th, for the purj pose of electing an assignee. ThQ Bank was incorporated in 1869-70-7li 72. By special statute admihistral tors, guardians, clerks of courts,.&c. &c, were authorized to deposit their trust funds in the bank, f j The President and Directors claim; that they were nominally- officers of the Bank; only. They were incor-j porated as such without their knowU edge or-consent. After the death of Mr. Simonton, they called a formal meeting and elected a cashier to suc ceed Mr. Simonton. This the Direc-. tors claim is their only official act in connection with the Bank since its incorporation. Are they liable for the debts of the Bank? . II. . Supreme Ceart Oeclaiou. v j : : RaUigb News. j 26. Branch vs. 2 he W. cfc W. i?.! JR. Company. The act of the L'egis-j lature, imposing a penalty on a com-! moo carrier for more than five days' delay in shipping goods,' is constitu tional. .The "Granger cases," lately decided by the United States Su preme Court, is conclusive on the point. 4, -:y : : t Jrreference in shipment should be given to local freight. Instead of being an excuse, uthe delay of local freights caused by lack of cars, which lack is caused by the pressure of through freight," caused by the in ducements held out by railroad com panies, is the very evil which the statute is designed to prevent. i Being a penal statute the coraputa tion of time is that most favorable to the defendant, and therefore five full days of demurrage is allowed. Here, cotton being received October loth, the time expired Sunday, October 15th, and the first penal day. was the 16th of October. Spirits Turpentine . i - Wheat in Cabarrus very fine, j Much sickness in the Wake Forest section . The VYake wheat is excellent as to quality and quantity. " . J ; : --Mr. J. H. Rigg'an, of Kaleigb, has invented a new plough. , 4' ; -This j time Lit is the Ashe ville Citizen, with thirteen darkies ranging from 80 to 111. j : 'j " I- Woodson has discovered a dog's track made in 1769, or 108 years ago. .;. It was-made in a brick when soft. . I While . Raleigh was boiling on Monday at 98 hi the shade, Wilmington was slightljrmoist at only 90 degrees. f - Father Evans, of the Chronicle, has been sick, but we are glad to learn he is able to say, "Richard is himself again." : Only one white couple had the courage to marry in Mecklenburg in June. But nine colored couples plunged madly Into the vortex of wedlock. " f One Jacob Smith, a depraved fellow, runa off from a genteel, attractive wife and takes up with a bad woman at Charlotte.. The law is after him, and he is on bis tramp. Ll Suiry Visitor: The prospect for carry lag the county for the railroad is cer tainly good. 1 It was reported in town, last Saturday evening, that another bear had been seen near Forkner's Creek; r ? I How glad ,the newspaper men should be that the commencement mania is Over. The new crop of great men is less than last year, we believe. Divinity is less sick, and law requires fewer crutches. , I In Raleigh during June there were 14 deaths among the whites 6 adults and 8 infants;' among the colored, 9 adults and 12 infants. Total, 35. Very heavy mortality. We believe the whites outnum ber the colored in population. i A special telegram to the Ra leigh New from Asbeville, of July 1, says: Hon. John Lancaster. Bailey, for many years Judge of the Superior Courts of the State, died yesterday, at his' summer, resi dence on Black Mountain, in the eighty fourth year of his age.4 His funeral will Jake place to-morrow. . - - -v- ' Asbeville Citizen: Mrs. Susan Murray was the first wnite female cniid born west of the Blue Ridge. And John Solder has been married three times, each time in the same suit of clothes and hat,' and although thev seem somewhat out of style, they are yet good, and he is still to be seen wearing tnem occasionally. . -li- Chowan Baptist Female Insti tute commencement came off brilliantly last week. Maj. J. W. Moore, of Hertford, delivered the literary ; address, subject, Woman." Rev. Thomas Hume, of Ports mouth, Ya., also delivered a literary ad dress on "Mrs. Browning," a great-woman ; and Hev. H, A. Brown, of Fayettevllle, de livered the-annual sermon. Seven -young ladles were graduated, each of whom read an essay. 4 '' -; .. ! ;: A,'., A . .('.','; 4-' Miss ;SfV W Qr6en danghter bS? ColJ Wharton J. Green, . of Warren, was among the graduates at;, Maryland Colle giate Institute near Baltimore. She re ceived Jti gold & medal and diploma. The Baltimore &n saysi MThe vale4lctonr wa pronounced by lliw Sarah Wharton Green. II 1 11 "S - WILMINGTON, The title of the address, was "Ships that Go Out to Sea." and it proved a very effec tive composition, moving many to tears." She is rich, handsome and accomplished Milton Chronicle .' The farmers are slaying the wheat and all concur in the opinion that the crop is -a good one. .Tobaceo starts off well, but' how it will come out remains to be seen. Corn is backward, owing to the cold weather of spring. ; Oats are first-rate, i Mr. J . it. liunsford. of this county, has sent us a bunch of very fine bearded j wheat. - The bunch comprises the product of a single wheat grain and counts 178 fine stocks with large grains. - ' I The Concord Register thinks the future of North 'Carolina College (Lutheran) at Mount : Pleasant, Cabarrus county, a promising one. It says of the faculty: The faculty now consists of Rev, L. A. Bikle. D. D., President. Rev. S. & Rahn, A. M., Professor of Ancient Lan guages and Literature. H. T. J. Ludwick A. M., Professor of Mathematics, Astronpf my, &c, and Paul A. Harrier, M. D., Lec turer on Anatomy and Physiology. There is no doubt about the ability of the faculty. , I Charlotte Observer: ' Capt. W. W. Davies, formerly conductor on the North Carolina Railroad, has resigned the Superintendency of the Spartanburg & Union Railroad. Mr. Edward George, a son of Capt. Asa George, and a graduate of Davidson College, is now travelling in Europe. The annual pic-mcat Stan back Ferry, in Richmond county, comes off next Thursday, the 5th or July, it has been the custom to have an annual pic-mc at this place ever since the war. f i Concord Re&ister: The bear that was noticed last wejpk, by our Harrisburg correspondent, has been perambulating through this section of country this week,, creating much excitement , among hunters and sportsmen, and some consternation among blackberry pickers. The widow of Henry Long, a lady aged about 70 years, suddenly dropped dead from her chair last week. - - The fast little town of Harris burg had a rapid wrestling match on the 7th of June. It was between L M. Lefler, aged 59, and Master J. M. Cross, aged 17 years. The conditions were' the best two' in three,, and the result was that Cross won, giving Lefler two falls in succession. ..' - - Goldsboro Messenger'. A negro, named Sherard Warren, has been lodged in the county jail on the serious charge that he is the brute who 'entered the bed rooms and attempted to outrage two ladfes at Fremont. He bears the scratches he re ceived in the struggle, and the evidence, we learn, is almost exclusive. - We learn that an attempt was made, Friday night, to burn the mill owned by Mr. M. T. John son, at Dremont. 1 be incendiary was a negro and we hear he was shot af ter. - A negro boy, whose name we failed to learn, was drowned in the river near this town, yesterday, while bathing. Coroner Kirby held the inquest. Capt.- W. (J. King, a highly esteemed and influen tial citizen of Carteret county, proprietor of the Ocean House, at Beaufort, died on Fri day last. . - ' ," ; ! Raleigh News: Already have two or three of our exchanges been ho cussed with hollyhock blossoms for first cotton blooms. . - From both ends of the railroad, teachers were flocking to Chapel Hill yesterday, as we learn from persons who were on the trains of the N. C. Railroad. r One of the cases.argued be fore the Supreme Court on Saturday last was a very unusual one perhaps the first of the kind known in any of our courts. It was that of a man who procured the in dictment of his wife in the Superior Court of his-county for an assault upon him with an axe. The wife was convicted on the evidence of her husband, and an appeal was taken : to the supreme uourt, j The Raleigh and Gaston ! Railroad ! first loan bonds, amounting to $50,000, became . due on the first day of the present month, and W. W. Vass, Treasurer of the road, is prepared to pay them off upon presentation. These bonds draw no interest after the day of maturity. ! r ' 0 .' ' A Forestville ; correspondent of the Raleigh Observer writes , on ; July 2nd: Three teachers from hero propose to attend the Normal Institute at the Uni versity, two of them young ladies. Near this spring is a curiosity in the shape of a balanced rock. It is about twelve feet in diameter, - and so i nicely poised that a' child's liand can make it move readily, but a giant's strength cannot overthrow it. There is no fruit any where in the track made by the hail storm. The cotton ' is doing very well. But, strange to say, that which was not plowed up is not doing as well as the newly plant-r ed. - Several mineral springs doubt less of considerable value, can be found near Forestville. The most noted and per haps the most valuable one is found on the land of Mr. William Alston... Though no analysis of the water has been made,' yet there is little doubt of its being strongly impregnated with sulphur and iron., a TJE3UE CITY. NEW ADVERTISEMENTS. MutfsoN & Co Job lots. ; C. M. VanObsdbll Lost. ; Harrison & Allen Straw hats. H. Burkhimkk Tobacco goods. Giles & Mtjechison Cider mills. Local DOC. ! ' ! The Post Office will be ' closed to day from 9 A. M. to 6:30 P. M- The mails will close as usual. - :; . Mr. John Nutt das' been ap pointed Route Agent on the - Wilmington, Columbia and Augusta Railroad. : 1 Qaite a number of the members of Uie rifle club will celebrate "The Fourth" at Shootmoor range!'' -i Practice . will begin about 10 A M.. . i " . ' V" , i i The thermometer reached' as high as 98 degrees at ; the Signal Station yesterday. After the rain, however, it fell about ten degrees. :' 4 Scip Hill haa been-' released from j confinement in the guard hou'se.oh another probation, and we4earB' that he-new pro mises to become a fustHslass Reformer. j j j i I j-il There will be.exoursipns to-day to Smithville and the forts, ! ,td "$4. vaIou? sounds, - to '--i Waecamaw-Lake "and to the Blackfish rounds;uvte hop nothing mayj occur mar trie 48Ub ; 1 . Bnsiness wlaneratnmgwilrj be suspended to-day. -Among the leading grocery establishments; MessrsT: U. McKoy, Qeo. Myers, CL IK -Myera & Co. ihd JCVteyensQi hejJQeMpqK' lie through our columns thaf tqey will close or ma nay. r t, i m -n N. C., WEDNESDAY. Tbefiar We Celebrate How We Pro ; .i poie to Spend It. - ( i j Ihere has been, no dav in the whole calendar since the 'surrender at Yorktown when proud: Britainl bid farewell to her boasted threat to conquer the American provinces and bring fhem.under subjection to the throne of King George, and the new born spirit of freedom flashed' through the hearts of , the inhabitants of the thirteen American colonics like a spark of ; electri ! city, that the average1 American citizen has felt his heart rebound with that same pa- kiiutiu. aiuui ur ilia sum teei lmDUeu WllU that same pride i and! glorification over his national birth-right, as on the 4th of July To the young it is freighted with bright anti cipatibns of iovs and Dleasnrea in onm while to the old and middle-aged is added to present gratifications the fond recollec tions of their youthful days, whenjthe occa sion was looked forward to i with more pleasurable, anticipations and . celebrated with more zest and spirit than character izes the advent of the ''Glorious Fourth" in these latter days. I j s ; This annual return of , the day ; which marks such an eventful era in the : history of our country will be celebrated by our Wilmington people in the usual manner, and that is, according to their own bent and inclinations. ' " J ' By far the larger portion, we presume. will hie them , to Wrightsville, where, at 1; o'clock,, the annual Regatta of the Carolina Yacht Club jwill take place. Thir teen nne yacms are expected to 'con test . for the palm, and the race bids fair to be the most spirited and inter esting in the history of the Club, The pres ence or several new candidates for superi ority in the exhilarating sport will add in terest to an occasion which is always looked forward to with great pleasure by a large number of our citizens, both male and fe male. ' . I ; K ' 'Next in importance comes the excursion on the steamer . Waccamato, under the aus pices of Oriana Lodge No. 8, L O. O. F., Daughters of Rebekah, to Smithville. Fort Caswell, Bald Head and other places of note below, in which! quite a large number are cipetieu iu parucipaie. . auuj wui du doubt, be a grand affair, as the Committee of Arrangements have spared no pains to insure its success, to promote the comfort and convenience of the excursionists and to . - . t - mi ; 1 1 insure good order and decorum. Then there is to be a private excursion to the Blackfish grounds, on the steamer Douglass, in which quite a number of gen tlemen are expected to participate, and which will no doubt be greatly enjoyed by them, especially if the weather shall prove propitious for capturing the noble denizens of this particular locality. The most of the party are well known! experts and will be likely to give a good account of themselves when they return home this evening. Here in the city the Cape Fear Light Ar tillery will celebrate .the day by a turnout and parade at 10i o'clock, and at 12 o'clock they will fire a national salute at Dudley's Grove, in the southwestern outskirts of the city, j - - ;rr- w ; CV"': And last but not least, our friends of the Rifle- Club will have a sort of informal shootinc match at their new range on Eagle's Island, opposite this city. : There will no doubt be several private excursions, pic-nics, I &c, the : particulars of which have not come to our knowledge. mtorder la Bladeni - On Thursday night; last one David Mur phyj a citizen of Bladen county, was found dead near the residence of one Robert i j Smith, about seven miles from Elizabeth- town.! Smith , was subsequently arrested on suspicion of having perpetrated the deed and was to have . had a preliminary examination on Monday before Justice H, Wilkerson, at Elizabcthtown, the counsel being R. H. ! Lyon, Esq., for the prosecu- tidn, and N.I A Stedman, Jr., Esq., for the defence. We learn that a feud had pre viously existed between the parties. -Committed for Larcenr. Larry Neill, colored, had- a preliminary hearing before Justice Harriss, yesterday ,; oh the charge of breaking into, the apart ment of Mr, Jacob Ehlsbacb, in the rear of Mr. John! Meyer's jstore, on North Wa ter! street, on Sunday night before last, and stealing therefrom a pair , of pants, a hat, &ci. The accused Was ordered to give , a justified bond in the sum J of $200 , for bis appearance at the. nexllterm of the Criminal Court, in, deiauit or which he .was com mitted, to jaiL ..! - m . : Thermometer Record. , The following will show the state Of the thermometer, 'at the stations mentioned, :at 4.3$ yesterday, evening Washington mean time, as ascertained from the daily bulletin issued from the' Signalj Office in this city : Aueusta..........93 Montgomery.. ', 4 w95 Charleston,.. ... .94 Coraicana, . .1. 95 Galveston,: 92 Indianola,V;'.r.iv86 Jacksonville, .V '. i.90 Key West, i...... 85 Mobile;. ivr.i- -93 New Orleans,.... 85 Norfolk.'.:,.:.: ,.96 Punta Rassa, . V. . .83 Savannah,'... .'.93 Bf Marks........ 91 jWilmington,...:.83 4- Tb-day' being the one . hundreo! and' first anniversary jof American Inde- pendence, editors )rs7atrdmipsitors will lin5 Accordance' with' the observe the sam usual custom and cpnsequently tUeu Star will not i again -make Its appearance; until Fridaximpruing; i ;J -: jj u. j A Hi. .We had a call last evening from Mr. orge W. Norman, travelling agent Respondent oYtftg Citkeri,v liBhek'afp4cihTiat?'ic 'MrNormin eresis oj. uia paper, Tjiis j gection, , wa.yisitb v 'y ne a!n yesterday afternoont very ipleasaut effect upda th" JULY 4, 1877. Dr. Satebwell'a I,eetnre. j i The members of the Historical and Sci entific Society, together with their invited guests, assembled Tuesday evening at the Wilmington Library rooms to listen to the reading, by Dr. S. S. 8atchwell, of a paper on the influences of climate. As might be supposed, the able' and exhaustive treat ment of a subject, the consideration of which is of such vital importance to the whole human familyf was highly appre ciated: - The paper was elaborate and com prehensive, embodying an enqu iry into and explanation of the cause and effect of cli mate, the cause of its difference in differ ent latitudes, its influence on vegetable and animal life, showing how mankind even was affected, in an unmistakable degree. both pbysicaliy and mentally, by the ever powerful effects ef climate! Climatology and the regulation of the climate, in so far as man was able to exert a controlling in fluence by proper and thorough measures of a sanitary nature, the Doctor insisted should be a matter for the deep considera tion of all whs expected to reap health and happiness by "throwing; -the proper safe guards around their homes and firesides, : The influences of the climate of the trop ics were explained, and the effect on the different races of the people of the earth, were made plain to the listener. ' The Doc tor then brought his remarks nearer home and gave a climatological ' survey of the United States, -and closed his thorough treatment of the Subject, of which this no tice is but a faint outline, by a description of the climate of our own State, in all its phazes, together with its effect and cause, in which he showed how it might, in some measure, be influenced or controlled. Improved Order of Red TOT en; : At a regular council of Wyoming Tribe No. 4. Improved O. R. M.. held on the sleep of the 3d sun, Buck Moon, G. S. D., 386, the followi ng chiefs were duly raised UP : : !! .''! . - ',1- :' . V: A T Hewlett, Sachem. - CCRedd, SS. : T W Howard, J S. . -: T J Herring, Prophet. S A Craig, C of R, (re-elected.) , , W S Hewlett, K of W, (re-elected.) V ' The following are the appointed chiefs: John J Beatty, 1st Sannap. , Jas A Hewlett, 2d do. ! WTGray, 1st Warrior.' .' I JTEden, 2d do, D G Bender, 3d do. Jas Chapman, 4th do. H H Kasprowicz, 1st Brave. - ; ; SH Terry, 2d do. . . JB Willis, 3d do. G W Green, ; 4th do. D C Dew, G of W. Sylvester Petta,way, G of F. KnlKlitu ot Honor. j At a meeting of Carolina Lodge No. 434, Knights of Honor, held Monday night, the 2d inst., the following officers for the ensu ing term were installed by P. D. Marsden Bellamy, Esq.: : W: J. H. Bellamy. D. R G. Ross, V. G, F. A. L. Cassidey, A. D. . WE. Hill, R. i Bam'1 Northrop, Chaplain. - N. Gillican, Treasurer. . ; , ' Wm. Hankins, F. R W. Coney, Guide.' H. C. Cassidey, G. James M. McGowan, S. , " Tke Superior Court. In the case of Wiggins vs. the Carolina Central Railway Company, wherein a ver dict for the plaintiff was rendered ' last week, r! Messrs. -Wright & Stedman and D.' L. Russell, for the defendant, moved yes terday for a new trial on two grounds: 1st,' that the damages were excessive; 2d,1 that the verdict of the jury was vitiated by their manner of arriving at their conclusion.'. It seems that the jury upon retiring , for con sulfation, after several ineffective efforts to agree, determined to- decide the matter thus: Each juror to . write the amount of damages he thought the plaintiff entitled to on a piece of paper, and place it in a Isat then add together the different amounts,' divide by twelve, and the result was to be the' verdict. ! I After quite a discussion over the points made the court reserved its de cision. . . ! - v ' - t .-..: . 1 ,'' ... . i. Falae Alarms. . : , Something should be done, if possible, to put a stop to the frequent, false alarms, of fire. ' We bear that the ringing of the first alarm bell yesterday, morning, - about 1 o'clock, was the act of a colored boy, "who said he heard someone .cry fire in jhe di rection of Dry Pond. ;, There i should: be some system about sounding the alarms, as it is not very pleasant for ; our firemen to be called from their beds to Ing their hook and ladder -.truck ' and hose5 reels through the; sand for a half mile or more when there is no occasion for it. . We call the attention' of our worthy Chief of Police to the matter,1."! wun uie uope tnatne may nna some means to remedy the evil,rl l!nn:t ?.otv.. j- v iy.- caee ot Perjory. ;:.--.y y A colored man by Ibe name of Hardy Wright was before ;Jusfice Harriss, yester day afternoon; "on (he charge of perjury,' growing- out of testimony he gave at the' late 'session1 !of the Criminal Court in the case of Wrut Buchanan,' eU a, charged with' disturbing ! "a eli gio.us i ' congregation. ,,Il3 was boun oyer for trirl at the nexttern cf the Crqnlnii Ctufttr mayor' ' Coarf f . " . The ohly cases bef ire tl " yest'rfla;irA--!r-' - ----- V-fl J "i J ' i' ft .KS t i -! UMa .Isliw j, -'WHOtE m' s, Opinio of tlie Supreme Coart pn ; - case of Jamef neaton. f i'. 1 tbe -ft . t On Mondav the followinsr opinion : was filed in, the Supreme Cpurt in. the : ase lof the .Attorney General vs." James ' Heatorr; Clerk of the Superior Co'urt of NeHand Ver'county being on abpapeal frpmJhe I This action is brdueht undefrtte- f olldw- low clauses of section 3C6 of .the. Coda. :of. Civil Procedure: , "An ..action .may .be brousht by .the Attorney. General -in .toe name of the people of this State, upon, his own information orupon the complaint of any private party, against the parties of- When any puUc officer; civil ors mili tary, shall have done or suffered an act whichi bv the- provision' of the- law! shall make a forfeiture of. his office, V t y. -j. i The defendant is the Clerk of the Supe rior Court- of New Hanover county, J add the particular duty, for the non-perform ance of which this action is Drought,, is en joined in the Atts of '1871-2 chapter '136; sections I anaK (tsauie's Kevisai, chap ter 90. sections 15 and 161 as follows: "15. The Clerks of the; Superior -Courts of this State shall open their offices every. Monday from 9 a. m:, to-4 p. ' m., for ibo transac tion of probate business, and each succeed in&r dav till such matter is disposed of. . . 16, Any Clerk' of the Superior CouH'" f ailing to comply with the; last section (unless such failure is caused by sickness) shall forfeit his office," i--i.'.--.i -V ' ;' ' ' i The corrpMut charges, that oft the .12th:. day ol aiarcn, ii , Demg iaonaay, ine ne-. fendant -did - fai! to -keep open his said office during the prescribed hours for . the transaction of probate business, and ..that tbe failure was not caused by sickness,' 1 ' There is another count in ther complaint, alleging the' repeated and habitual , failure so to open bis office on Mondays for twelve months or more. j .';: '-' ' ;i! v! - I The Court below refused . to hear, evi dence upon this second count, and ordered ifcto be stricken out; because of - -its vague nessr the plaintiff, not offering : to. amend the complaintf ' We inCliaa to concur with his Honor, but as we are with the' plaintiff oh the first.cause of action set forth it is unnecessary to decide this 'point.' 'For the same reason we do not decide the objection of the plaintiff that the answer va with ohtr verification, although the complaint wa -ffprifiprl .' . !. I : i The defendant, in his answer and in this Court, objects, 1, to. the form' of the action'; and 2, to the jurisdiction ot,- the Uoum 1. to tne rorm or tne action oecause, ne says, beiDff for a public Offence bicbtv- penal, it is a crirairial charge which, by, Art. 1, eec-. lion la oi uie u-oosuiuuon, can oniy ue in stituted by indictment, presentment, or im peachment. The answer to this is, that tbo action is not brought' to punish the defend ant criminally, but to vacate, aq office which he has forfeited by a failure.'to dis charge its duties ' He is still liable' to in-. dictment and punishment for the same or; similar offences, both of misfeasance and nonfeasance. 3. The ' jurisdiction.5 :The defendant insists that a Judge of Probate is a judicial officer, and, under the Constitu tion, can be deprived or his office only by impeachment. On the . contrary, it does provide,5 Art. 4, sections 31!ahdj32,that for' certain causes therein, named, both; the: Judges of all the Courts, and the Clerks of the Superior Courts, may be lh other ways removed from office. I We are to look," not to the Constituti9eJh.uLt0.1hejEtatute'law, to ascertain what persons are liable to im peachment .The first act under the new Constitution, was passed by .the-Legislature of ,1868-'69 (Battle's Revisal' chapter 58),' the 16th section of ; which enacts: Every officer in this State shall be liable . to , im peachment for, ' 1st; "Corruption or other misconduct in his official capacity," i &c., enumerating jnaay other causes of, im peachmcnt. ' 1 :-' '! ;" ' M This act, literally construed, would - elude not only Judges of Probate, but Jus tices of the Peace, Sheriffs and Constables.' This certainly was npt.the intenUon. c-f.tha ac. Although there is nothing in the act explanatory of section 16, above recited.' it proDaojy nas reterence to "'all onicers in this State," holding btate omcers. in con tradistinction to "county'&nd local officers.'' ijut, however that may be. wc are relieved of all difficulty, in ,our case, by the ex press - provisions Jof the act under which this action is prosecuted, it specifies the officer and the offence; and having been enacted subsequently to the act of 1868V69,' operates as a repeal-upon -any conflicting provisions of that act. The action is prop erly brought as provided in section 366, C. U. ratterson tsL Mubo,: 65 V. Oy l The mam question is does a single failure of the; J udge of Probate, to keep open his of fice on Monday, as ; prescribed, forfeit bis office? "The; act is precise as well, as pe-, r'erflDtory ; they shall open their offices every Monday, from 9 A., M., to 4 P. M.; for the transaction of Jfrobaie business; "any clerk; etc. , failing to comply.'etc.',' ahdU for: f eit his office.", By the .Express terms of tbe act every failure. is a distinct and complete' cause of forfeiture; ' afid such we behev6; is the intent of the. Act The office, of the. Judge of Probate was created by the Con- stituiion of 1868, and the officer is clothed with a very extensive and responsible iuris diction over the business affairs of society. Ha has jurisdiction to take, proi.f of deeds, official bonds and -wiUe-to-grant-aTtrd ' re voke letters t testameBtaryiar ofjadminis-. tration; to appoint and remove cuardians of lunatics and-it fan tsi to Mhd out'tebt-eu-1 trees and cancelthe Indentures; to. audit the accounts of' extcutorsl administrators and guardians; aud.to exercise jurisdiction in v many otner matters prescrihed by law. Bat Rev; Ch. 90; 1 The office of this imbortant officer ; is a place- of 1 constant : resoit by the citiiens of .the county and, frequently of, more distant parts' of the State, in the dis-1 ChaTsfe Of buaineja rpriulrfnirlhfi hp tinn nrid often the speedy and prompt action of .that IThe report gdes'ori t6 'sh'Ow'lh&t defend ant had ho valid exicuso for being" Absent on that 'particular day. j t, wa3. his p wn volnth- taryact. 4The pubjicjhaye.la,rjight) strict perf orraanco of . hia dHtyi- -The many are injured, y;;it bteach,;Mhile.the One can.onlbei,benefijtedvj A, .single act and -Judgment for the plaintiff. Ss reiS-ted. V OV . . 1 - . 1 , 3 a . iiefTB jupuu ae epeciai veraici. . -3 v.; itiyEB. jawi nM- f- '-iirforthis: poK S VI ' . tV,l I"' Jill 1' I of neglect or failure, as as much a yiplaVon of Ufa. law; as'twenty,' c. it WncfuSesif j BATESi OF,, ADTEBTISIRCU i j Pne Square one day,.... ......... ... fl W .; ""-? two4aya,.....;,........,i 12$ . i Vthreedayg,.:,;,............. JM.' : ',, . , One week,.... 4 00, - ; r Two weeks,...:.... ........ 6 60 1 Tnreeweeka.... 8 60 Oneinonth.... ...... .. 10 00 t m .fcMuTwombnthaJ.-i..;i.,.ij.. " 00 -i " Three months,..: .............. 24 00 .v....- i --SHIxontns,..rf...... 40 00 : B"Contract Advertisements taken at propor : tionatelylowrates-' -k :i ' , - H i Ten lines gelid Nonpareil trpe nuke one eqnare. u i .--,: .--. v: f ; For the Star. - : t ev'ITrw T.BI Joaee. ' '5 1 Rev. Dr. Jones, President of Greensboro Female College, preached at Front Street -M.rJL; Church - in this city last Sabbath inorniDg, to the great edification and de- I light of a large audience.; s . . I We could but think as we listened to the learned; polished and sweetly spiritual dis course of this eminent instructor, happy indeed are the parents who are so fortu-. nate as to have him to'superintend the edu cation of their daughters! ,We hope the -Dr will frequently favor our city with bis visits. Quite a number of Wilmington's ' fair jewels have been made more transcen- -dently beautiful by the' plMtic.tpuch of his skilful hand. V, ".'.' '.'"'''.' .. wtfc-WSX OF; LETTEBS . 'i.y : Ij Remaining in the City Post-Office. July 3, i877!-'-!," 1 .:,.y,: y., .;: A' Mrs JSvajine Alien, i i- j B..fA F. Beaty.) Alex Brown. Horten ; Blackwell,. Henry Bruton, John Buf aid, J ri G Branch, Jas Barlvey, Owen Bailey, miss ' Oarlina Bernard, miss Henrietta Brad ham, " miss tsaran Jtsrown, mrs Jjoiey tsrown. ; , Ci Mrs' M E Cook, mrs Louisa Coplin, mrs CCanan. " ' f i D. Richard Doering, Lewis Davis, St Clair Dearins, mrs Davis, miss Hannah .Dudley. ; - -. :r-. . ;:k -'"- . 1- rr: . ' mil - t J!. xieury xjuus, mrs j.nos 4 Avans. - , 1 H. Wesley House, Thos Haliburton, S H Hargrave, Toney Howard, Hamilton fafgrave, mrs Sarah 0 Hodge. ; ,; . ; J. Mrs Hannah Johnson. , L. Mrs Sarah E Lane. ' ; - . s I M. rMrs Hager . Merrick, Jane Martin, . miss Kate 'Murphy, 2p John McDonnall. Thos Miller;- ... ' .; -. - N. Mrs F ;c --Nicholsop, ' miss Polly : NixonA yL''r 'K-i ;y -r- ,V ; ' i P. -Miss . Julia 'Poisson, miss Annie Phereson; . "mrs Maggie Price,. David 'M Price, Samuel PickeL :' - -. . .i..:- SR. Mrs Susan Robinson, mrs Elizabeth Ratley.- ... . .. ..... - .. 7----: y-'':-:'-yy o. J ri bhepard, miss Sarah A Skipper. - i T -Lfianrrra 'Poin m T? TT T : " Mary Taylor. i- v . jW. Miss Amy Waters, Abram Wilar. i Persons calling ior letters in the above ' J list -will please say"' advertised." . If not caued for within 30 days they will be sent . to the DeadXetterOffice.-f r I ! .;?', i EoVBBsinCP. M. v Wilmington, New Hanover Co., N. C. ; -i i l i 1TLHS. BEAUTY HKQAINKD " BEATTTV RRTArKTlzn by the use of that most harmless and delicate pre partition. Goaraad's Olympian Cream: Warranted to contain no lead.- zinc, bismnth or r.h&Ur : tHm in Large Bottle reduced to One Dollar. For sale by The oourwi talks eloanentlTfthnntT.ifflori nnmia , TaU defaie gras, and other each delicacies. Pin iiim down, tnonsh, and youJU find he admits the su preme importance of good bread, biscuit, rolls, fcc. H4re all agree on the basis of true gastronomy. To , ba sure of the . most' deheioBB thinm - haiwi mm floor you mast use Doouet's Yxast Fowskb. book Bikdsut.Ths MoBHiHa Btab Book Biad er does all kinds of Binding and Baling In a work manlike; manner. Sand at reasonable prices. Mer chants and ethers needing Receipt Books, or other wur&, may reiy on promptness in the execution of their orders. -: I , . : . . . . -, s ,i- -; - m' m m - -XBAjfersa fanrrnra-IirKs. invaluable to1 rail road companies, eteamahip companies, banks, mer-' chants; manufacturers and others. They are en- fturmg ana cmHeiess, and will copy sharp and clear for an Indefinite period of time. Having just, received a fresh sapply of these ,inks, we are pre pared to eiecnte orders prompUy and at moderate prices. , , , ; -, , - - ,- All nervons. exhanatlnv Mil nalnftil dily yield to the curative influences ot Pulverma cner's Electric Belts and Bands. They are safe, simple, and effect ve, and can be easily applied Jy the patient himself. Book, with fuU particulars; ' mailed' tree. Address ruLmuucHSB Galvanic -C04. CtocinnaU, Ohio. r 1J4 y , ,;? Tfl m m m . j libera la no case of DvbdcdMi that nnni'i ac gpIt Floweb will not cure. Go to any Drue Store and fcqulre i abodt it If yon ssffer from Costive- '' new. Sick Headache.' -Sour Stomach TnrltawaHnn-' liver Complaint, or any derangement of the Sto- , -maph or Liver try it. Two or three doses will re- neve yon. iteguiar size 75 eta. , '. ; , INJUNCTION U I have to notify the trade and ' th& public generally, that on the 8th of May last 1 obtained an injunction from Judge J. F. Italy, of the Court of Common Fleas for the City and Conn ty f. Hew York, against a person styling herself "Madame Gouraud," restraining her from "selling transferring, interfering with or In any manner dis posing of the goods, chattels, Proprietary Articles, " and trade marks of the late Ur. T. Felix Gouraud." This enjeins the sale of the Oriental Cream, Italian Medicated Soap, and. all other proprietary articles of ' my deceased father; I have therefore to warn the trade against , purchasing from the said' "Madame - Gouraud" any of said preparations, or from dealing ' in the same daring . the continuance of the said in junction. Meanwhile my "OJL1MTIAN JCBJCAM" Is free from legal entanglement, and my right to its manufacture and sale unquestioned. The public will find it in quantity and quality at least equal to ils late ComDetitnr. and ita nrin kJiik t rtna tiaI. - tar-J A-H. GOURAUD. 93 Greenwich Bt- Ntey YOfk; June 14th, lSTt. Uli pf !AJyERTISEMENTS. . i ' -MM m a a J N SATUBDAY, JUNE 80TH: ON THK TtJRN pikq. between Wflmingtorf and Wrightsville Bound. A OftASONIC BKBA8TPXN, on whh were engr yed a sun, eye; square and compass. The finder will be suitably rewarded by leaving it at my Art Galle ry, in Wilmington.- - - jy-H , , . ,: C M. VakORSDELLu Job Lot "IUTB MABS. VESTS, $1, worth $2.50. . 1 j BOYS' DUCK SUITS, $8, worth $3. j , . : -, i -i -j- '.:;t! BOYS' ALP. SACKS, $3.50, worth $4. iy.4-it REUNSON ic CO. MlAGEINAW STRAW ?J t Hsli -sruHATRRISON & ALLEN. S3 4-tti-:- .. 'Hatters. "SomfellingiTewanfl'Nice. THE universal' fine cut;' plug ' Metttnoliacco. :J I Andta'e " ' ' :'.;..!? ' ' . . COMPBOMISE . (FULL HAVANA) 4 i 1 !4 l 6C CIGAB. . Call and try them at Jj. BUHSniEK'S, -Ko. karltetf t-U - . . .- 4. lUOldi. WE JTAVB ON BAflA FULL ' ''- , , f-'- SUPPLY OF C9ErEB!r" ... "aid APPLE , PARERS -r- ' ich we2;r for sale at Low T I . Don't fay befereexamtnr' '? rr GILES & r 4-tfr; . - New - i! i 1 f'r. siigljl III
Wilmington Morning Star (Wilmington, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
July 4, 1877, edition 1
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