1 "
HIIIHI f ' iy it1lftr,-g
THE MORNING STAR I
THE MORNING STAR,
7-
OENING
THE OLDEST
DAILY NEWSPAPER
IN NORTH CAROLINA.
Gives the Largest Quantity
0m A D
E
1VJ
And Variety .of .Reading M atter,
Of AnylDally Newspaper
n North Carolina.
Katered at the Pectoffice at Wilmington, N. C, u
Second-class Mail Matter. -
VOL. LVII .-N(X 8;
WILMINGTON, N. CI. TUESDAY, OCTOBER 1, 1895.
WHOLE NO. 8,867
The
Only Six-Dollar Daily of its
Class in the. State.
s
wn
US
nly
lish
our I
n fit
srk-
like
has
getv
eady
rder
.00.
foods
thtm
The Neapolitan milkman doesn't
carry milk to his customers, but
drives the cow around and milks as
much as his customers want. This
is under, pretence of assuring them
that they get sure enough milk, but
it is a bald-faced Imposition on the
cox, for the Neapolitan is too lazy
to carry the milkt and takes this' pre
text to make the cow do it.- It would
be just like him to make her do the
churning for him if. he made butter.
PERSONAL PARAGRAPHS THE DISPATCH LIBEL CASE.
St'N I MON TUS 1 WED j THtTj ffji SAT j
"l g 3 " -"4 , 3 G T j
" S S l0 It 12 t
J6 16 ? 18 9 20 2 j
22 25- 24 2-S 2fe.J226i
29 j 30 I CP7! fr ngPs I I
"V- : m.
Fart
Sjc Kisei.t.
San Sets. ... .
Day's Length
jbc October 1.
... f. 5.44 P .V.
11 h 49 n
Spanish loyalists in Cuba are
said to be threatening that when Spain
has done up the Cubaos, she will,
with the 200,000 soldiers ,she will
have in Cuba, take a whack at this
country for the sympathy shown the
Cubans. They should make these
I remarks loud enough to . be heard,
and have them officially sanction
ed, and the job of effectually quash
ing the insurrection aver here might
become a much more interesting
one.
High- Waterj&t Southport. . . 5.56 A M
HijrVi Water at Wilmington 7.43 AM
:et St.
.dies
and to '
incipal.
South.
s''
tater,
led "
r PoW-
I tail . p'
e hung--
' . i -.-tie
pail,
;e was'
s horse,
ig drum
I
course,
Powder.
(ozier &
gener-'
i quality
orTgiven
:ents. " j":
and the
moon,
ion quite,
i
and soon,
:he eagle
:e silk,
has ever
ood milk?
is eagle-j-
oor bird
:' "-I
tie hadn't
he Jersey
i-
gle Brand
F the rrce
md if not
anr money
gig tf
clers.
handsome
ngs
or Ladies.
ew
has a Bi
S.
& Sons,
-tolb-
Packages
Lrs.
Lll,
y street s.f
being
3D f
f i
'rescription
NUTT,
US.
The Weatber.
Dep't ot. Agriculture.
- - Weather Bureau. ,
Wilmington. N,C. Oct. 1.
Si . roioRicaf data lor yesterday :
T : muerature: ? a. m 60; 8 p. m., 80l
maximum, 69; minimum, 58; mean 64.
Rainfall for the day .00; rainfall lor
tb; month up to date. 4.46
FORECAST FOR TO DAY.
For North Carolina; ' Fair; northeast
erly winds; slightly warmer in the in
terior. For South Carolina: Northeasterly
winds; slightly warmer in northern por
tion j.
OUTLINES
Washington news Secretary Her
bert's departure for Alabama; Treasury
receipts and expenditures; movements
of United States warships. The
steamer Margaret, of the United States
Plant line, sink; seventeen men and a
youg lady saved. :- New YorR spots
and futures market. Chicargo
grain and provision market. Re-
cord of base ball games played yester
day. Affairs in China The gov
ernment yields to the British ultimatum;
Viceroy Liu degraded by Imperial de
cree; the American' Commission will con
tinue investigation of the outrages upon
missionaries, f-Earthquakes in the
oceaa offHhe coast of Africa.
Life insurance failareThe Valley Mu
tual, of Virginia, has assigned its assets
to J.!D. Clothier, trustee. Cuban
' independence A rousing meeting held
in the city of Chicago; many prominent
men present; resolutions expressing
symp.thy wiih the insurgents, and call
upon the "United States to recognize
them as beligerents - Texas Legislar
i ture in favor of immediate passage of a
Jaw nuking pnzs fubting a felony.
General STSfionercf Virginia.', stricken
with paralysis; his condition is sericus.
Death of Rev. Geo. W. Holland;
Presidsntof Newburg ColleKe, yelter-
day. South Carolina Con-
ivsntion came near pissing the woman's
. amendment to the Constitution.-
New York market-: Money on call
yesterday was easy at percent.:
c jt?on quiet middling gulf 9c; mid-
- diing 8Hc; Southern flour quiet and
firm common to lair extra $2.00
2.70; good to choice $2.803 10; wheat
spot firmer and more active; No. 2 red
in store and at elevator 66c; afloat
67c; corn spot easy, moreactive: No. 2
at elevator 37M38c; afloat 38K39c;
spiri's turpentine -r; rosin, $1.45150c;
t ratoed common to gdod $1.451.50.
Russia now owns the. fastest tor
pedo boat on the waters, the "Sokol,
lately turned out from an English
ship yard. , It is 190 feet long, 18i
beam and is propelled by two en
gines of about 4,000 horse power.
Pertinent Fwntgraplu Pertaining Prinot-
ptlT to Peoslwad PolntedlT Printed.
-t Mr, Oscar Hinton is. out after
a short spell of sickness. ' J
Dr. J. H. Dreher is reported
sick and confTaed to his home. . " ,
Train master . C. Higgins, of
Rocky Mount, is here on business.
. Mr. J. W. Ragsdale, of Tim-!
monsville, S.C, is here visiting old.
friends. - ; j
X Mr. J. H. Maxwell, of the Co
lumbus News, was a visitor in the city
yesterday. .
. Mr. J. C; Stanley, the, "mighty
hunter" of Marlville, was a visitor at the
Star office yesterday. .
Miss Lena Sparkman, of Rocky
Point, is'visiting Missss Mary and Hen
rietta Shepard, of this city
Mr. Joe. P. Whitehead, of
Rocky Mount, formerly with the A.. C
L. in this city, is here on a visit.
'Mrs. B. A. Silva," after spending
the Summer with relatives near Bur-'
gaw, has returned to the city.
Miss Katie Stotler will open
St. Matthew's Parochial school on next
Monday, next door to the church.
Mrs. White, Mr. Phelps, Misses
Counsel For Bute Move For Removal
Defendant Counsel Objsot Motion
Denied Nol Pros. Eotered by the erne
Bolioitor Gives Hotioa of Intention to
. Indioe Owners and Publishers of the
Newspaper. '
The first case'calledjwhen court con
vened yesterday morning was the case
of R. K. Biyan and J. W. Meacham,
charged with criminal libel. The de
fendants were both in court with their
counsel C. P. Lockey, DuBrutz Cut
lor, Jr., Col. T. W. Strange and Col. A.
M. Waddell for Mr. Bryan and Mr. A, J. Marshall
for Mr. Meacham, The State
was represented by Solicitor Richard
son, Marsden Bellamy. Sol. Weil and D.
L. Russell. The defendants both plead
not guilty. Tudge Russell on behalf of
the State made a motion .for a change
of venue, and offered the following affi
davit in support of his motion:
STA-OF NORTH CAROLINA, NEW
HANOVER COUNTY, SUPERIOR COURT,
SEPTEMBER TERM, 1895.
"State vs. J. W. Meacham and R. K.
Bryan. .
On a trial race of three hours she IAnnie and Letta Thompson, of South-
made 29f knots an hour, and one
mile it made a speed of 32 knots,
equal to about 37 miles atuhour. A
craft that can reel off knots that fast
is not to be fooled with.
A Vienna professor believes, in
tobacco smoking as a protection
against diphtheria and other throat
diseases. Smokers, he says, are less
affected by these diseases than noa
smokers, in the proportion of1-to
28. We- have heard a diphtheria
treater of considerable experience
say that he never knew a tobacco
chewertohave the diphtheria.
port, left yesterday for. Annapolis, Md.
Mr. Edward R. Wooten,-the
chief train dispatcher for the A. C. L .
has returned from an extended visit
through the South and West. He took
in the. Atlanta Exposition.
Messrs. John K. Stout, Dur
ham; A. W. Bell, H. Bowden, Warsaw;
T. I. Hall, Wallace; S. V. Scott. Hub;
Clif Cohen. Clinton, E. A. Muss, F. B.
Lewis, N. C; L. L. McNair, Laurel Hill,
were among the arrivals in the city yes
terday.
BY RIVER AND RAIL.
BeoeipU of
r
A Cotton
Ex Go ver Flower, of IeW York,
appears in the role of a prophet and
predicts a majority of 50,000 for the
Democrats in November. Flower Is
a daisv. but we are not disposed to
think, at this writing, that he is a
daisy prophet. Our opinion is that
the Democrats would be willing o
knock off at least one of the ciphers.
J K?W ADEBTISEJOElSrTS
D. L. Gore Seed rust oats.
W. B. Cooper Mackeral.
nW BTSHTESS LOCALS.
Wanted First-class cook-. ,
LOCAL DOTS
Itms of Interest Qathered Hers
and There and Briefly Noted.
Tom. Reed and Hon. Stephen G.
Elkins have gone into the bark bus
iness. They barked their shins tum
bling from their bicycles. )
The Bank of England had one
note outstanding for 111 years. It
was originally for $125, but with
compound interest it footed up
$30,000.
. If there was a duty on imported
cV estnuts the antiquated jokes that
Hon. Chauncey Depew brings back
with hi ni- from Europe would tost
him something.
A French writer, declares that
three fourths of the dyspepsia in
the world is caused bjs eating soups.
This puts the soup laters "in the
soup," so to speak. '
Krupp, the gun maker, of Ger
' many, is called the gun king; but he
is greater than the average king. He
has put aside 1,000,000 marks as a
fund for his workmen. These are
all marks to his credit. -
About 150 out of the 200 consular
oositions Drotected by the extension
of the civil service rules, are held by
Republicans. '.'Turn the rascals
out" seems to have been in this in
stance, at least, j a; "barren ideality."
Politics and bees are causing a
good deal of bad blood, in Ken
tucky. The politicians are jumping
on each other, and a regiment of
bees lit on one of the politicians the
other day and stung him up so that
he died in a few days from blood
poisoning.
When meat is high, Cornelius
Vanderbilt can go on an egg diet.
He has 1,100-chickens and can count
pretty safeiy on ; getting fresh eggs.
In this he has the advantage of the
man who buys store eggs and takes
bis chances on getting eight out of
a dozen, which were laid last year.
Local forecast for to-day: Fair;
cooler; light, variable winds. .
Steamtug William, bound North,
put ia at Southport yesterday for a har
bor. ' .
Revs. Quattlebaum and Jlay
lor, revivalists, are holding tent meet
ings in Wilson, N. C.
The mercury was falling stead
ily last night. Many perf ops thought it
wduld be "cold enough for' frost" this
morning. ., .,
The stage of water in the river
at Fayetteville yesterday at 8 a. m. was
13 feet. No change in the previous
twenty -four hours.
The bicycle parade is booming;
hew names coming in daily. Mr. Matt.
P, Taylor, Jr., received four new wheels
yesterday for the Postal Telegraph
force.
Gen. Toon's 4 sketch of the
Twentieth Regiment, the first install
ment of which appeared in the Star of
last Sunday,, will be concluded next
Sunday. , .
Messrs. Katz & Polvogt com
menced last night to move into the
buildings No. 9 North Front street.
They will open this morning in their new
quarters ready for business.
For the annual conference : of
the Blue Ridge M. E. Church at Clyde,
N.'C. October 9. the C. F. 4 Y, V. Rail
road will sell -round trip tickets at re
duced rates. From' Wilmington, $16;
Maxton and Fayetteville, $13. t
There are just as many peo
ple looking for houses to rent this year
as ever. If you have a vacant house to
rent advertise it in the Star's Business
Lftcals. Onlv one cent a word. But no
advertisement taken - for. less than 20
cents. - - : m
Serious Afiffay.
A serious affray occurred last night,
about 11 o'clock, in Meginney's Hall, on
the southeast corner of Second and
Market streets, in which one Son Col
lins inflicted some painful woa nds upon
Adolphus Thomas and John Faison
with a weapon commonly known as a
black-jack. All are colored. They
were arrested by Officer H. R. Kubt.
Havl Stores
xeeteroT.
Wdmington & Weldon R. R. 424 bales
cotton, 9 casks spirits turpentine, 56
bbls rosin. 8 bbls tar, 8 bbls crude turpen
Wilmington, Columbia A Augusta R.
R. 1,381 bales cotton, 12 casks spirits
turpentine. 3 bbls rosin, 47 bbls tar, 8
bbls crude turpentine. ' V
Carolina Central R. R. 232 bales cot
ton. Cape Fear & Yadkin Valley R. R.
18 bales cotton, 70 bbls rosin. '
Steamer A. P. Hurt 85 casks spirits
turpentine, 5 bbls rosin, 9 bbls tar.
Schooner William 45 casks spirits
turpentine, 151 bbls rosin.
Total receipts Cotton,, 2,055 bales;
spirits turpentine, 101 casks; rosin. 285
bbls; tar, 64 bbls; crude turpentine, 16
bbls. . -.-" . '
Cotton Notes.
Receipts of cotton here yesterday
2.055 bales; same day last year 1,661.
Spot cotton closed quiet m New York
at 94c for middling; closed firm in Wil
mington at -8Jc. bid..
The Bureau reports very little rain
Sunday in the cotton belt, the most rain
being in the Augusta and Savannah dis
tricts. ' Killing frost in the Northwest and
light frost as far South as Tennessee.
The British steamship Ofeana arrived
yesterday to load cotton at the Cham
pion Compress.
Funeral of the Late Mrs. Mitchell.
Funeral services oyer the remains of
the lamented ; Mrs. Louisa . Arthur
Mitchell were held Sunday afternoon
at the residence by Rev. F. N. Skinner,
rector of " St. Paul's -Episcopal CLurch.
The remains were followed to their last
restieg place inDakdale cemetery by a
large concourse of sorrowing relatives
and friends. The pall bearers were
Messrs. L. S. Belden, J. E. Crow. W. A.
Williams, G. P. Kidder, J. G. Swann, J.
C. Munds, Capt. J. I. Mens and Capt.
John Cowan. -
Enoyclopeedia Britk&nios.
The Star Britannica department is
still filling orders for the Encyclopaedia
Britannica. This is the latest and best
edition of this great work. Issued in 25
volumes, bound in cloth or sheep. For
full particulars read announcement on
hird page, or inquire at the Star office.
Housekeepers who want servants
are in the habit of supplying their
nprlfrnm the Star's want column.
Are voiK lookinar for a situation?
A Epu of Life.
' A small audience greeted a "Span of
Life" at the-Opera Housef-last night.
The show throughout was like a dime
novel illustrated. The blood and thun
der part elicited much applause from
, the galleries, but the opera-going public
couldn't withhold from ridicule. It is
useless to define the characters, as they
were all poor. The scenery was shoved
on the audience to shield the weakness
?ofthe troupe, but didn't suffice, al
though admired.
Foot Ball-Club. . -
TherWilmington foot ball team were
out for practice last night.. The club
had quite a number of applicants for
positions on the team. The eleven has
not yet been chosen, the boys needing
additional men to practice with. They
hope to see at least twenty-two "leather
lunged pieces of humanity" at the next
practice, on the lawn in "rear of the W.
L. I. armory, Wednesday night. Here
after they will practice every Monday,
Wednesday and Friday.
One Cent a Word, -
Hereafter advertisements to go in our
"Business Locals" department will be
charged one tent per word for each in
sertion ; but no advertisement, however
short, will be taken for less than 20 cents,
This is a reduction from former rates
and it is also a convenience to adver
tisers, who can calculate the exact cost
of their advertisements, which must be
paid for always in advance.
1 S. H. Fishblate. being duly sworn, de
poses and says: That he is the ag
grieved party against whom the libel,
for which the said defendants are now
indicted, was published, a copy
of which said libel is set out in the
bill of indictment; that this affiant does
not believe that a fair and impartial trial
of this case can be bad in the county of
New Hanover that the defendants were,
at the time of the publication, editors of
a daily newspaper called the Evening
Dispatch that previous to and since
said publication, the defendant Bryan
has been engaged in circulating abu
sive and scurrilous . articles against
this affiant in his said newspaper; that
about every day, for many weeks and
months, he has published such articles
.- for the purpose of defaming this affiant
and of prejudicing him with the public
and of creating a public prejudice
against him; that this affiant is the
Mayor of the city of Wilmington; that
this defendant, Bryan, has almost every
day published false and defamatory re
ports of the proceedings of the Mayor's
Court, and wilfully and maliciously and
falsely misrepresented the, acts of the
Mayor and the proceedings of the
Court, and by every means in his power
attempted by such publications to bring
the Mayor and his Court into disrepute
and public contempt; that the style of
these defamations has been of a sensa-
nal sort, so made for the purpose of
attracting public attention to himself
and his newspaper, and for the further
purpose of creating prejudice with the
public against the ' Mayor of the
city; - that the Mayor of the
city has no newspaper at his
command and has not been in any con
dition to make public replies to these
defamations and has not attempted to
do so, and the result is, that as this affi
ant is informed and believes that many
persons have been misled, and a public
prejudice created to the extent at least
sufficient to prevent the State from ob
taining a fair and impartial jury in this
county; that during the session of this
court, since this bill of indictment was
found, said defendant Bryan has been
circulating, in his daily newspaper, and
publishing false, prejudiced and parti
san reports of the proceedings of the
court and of the debates of the counsel,
such publication being tor the purpose
and having the effect of prejudicing the
community against this prosecution;
that this libel is attributable to certain
factional controversies and animosities
of a local political nature, and has
grown out of varions political disputes
between people and politicians in the
city of Wilmington, which city
compromises about four-fifths of all
the people and voters and persons qual
ified to be jurors in the county; that it
will be simply impossible to obtain a
lawful iury in this county without hav
ing upon it men who belong to one or
the other of the political factions from
which the bitterness and passion of
which this libel and these defamatory
publications have resulted; that the
public and political matters from which
this libel resulted, have been- notorious
for many months; has' been the subject
of newspaper and of verbal discussion
among the people -of this county, and
especially of this city, and almost the
entire community has been divided be
tween the different political factions,
and about every person fit for jury duty
is an adherent of one or the other fac
tion; that these factional disputes, and
the passions and disputes engendered by
them, being entirely local, have not ex
tended to the counties adjacent to the
county of New Hanover. .
S. H. Fishblate.
. Sworn to and subscribed before me
this thirtieth day of September, 18.95.
John D. Taylor,
- " Clerk Circuit Court.
prejudicial, and partisan reports of the
proceedings of this court, and the de
bates of counsel; that such publications
as appeared in said paper of the pro
ceedings of this court and the debates
of counsel were absolutely and literally
true, and were not made with the pur
pose and intent of prejudicing the com
munity against the prosecution, but sim
ply, and with the sole intent, of giving
the public the benefit of the court's pro
ceedings. Replying further, affiant says that he
knows not what were the - motives
that induced the institution of this
prosecution; that alone lies in the
breast of the prosecutor Fishblate, and
it may be as he alleges by him, that It is
attributable to certain factional contro
versies and animosities of a political
nature, but this affiant knows, and so
asserts, that none of the editors are
owners of the Dispatch, are either poli
ticians or in .any 1 manner interested in
the factional political controversies al
leged to exist in this city,, and that no
publication that has appeared there
in was made for the purpose of influenc
ing any one in said alleged controversy,
if any such exists, and he denies that it
has done so the Dispatch being an in
dependent paper only started since the
last election.
Affiant" further says that the state
ment that public prejudice has been
so created by the said Dispatch as to
prevent the State from obtaining a fair
and impartial jury in this county is ab
solutely untrue; and he believes that
both the State and the defendants can
obtain a Jair trial before a jury in this
county, and if there is any doubt as to
either, it is to. the prejudice of the defendant.-
.
The affiant Fishblate. is now, and has
been three times elected Mayor of this
city, and for nearly twenty years has
been a member of the Board of Alder
men thus showing himself a man of
great influence and popularity in the
community.
Affiant further says, .that to move this
case to any other county will amount to
a denial of justice to this defendant, en
tailing an expense upon him, which he,
a very poor man, is wholly unable to sus
tain; that he has subpoenaed twenty-five
witnesses, or more, who are now all, or
nearly all, present, and the attendance of
some cf whom has already been a
source of expense, and that it is impossible-for
him to secure their presence
in any other county, and he begs the
court to bear in mind that this removal
is asked for by the State, a most unu
sual request, in behalf of the chief ex
ecutive officer ol this city ; and he finally
alleges that he ii informed and believes
that there is an element of truth in the
allegation appearing in the Dispatch,
that the same reason exists against the
removal to any adjoining county, for
the Dispatch circulates in said county,
and the publications have to the same
extent influenced the inhabitants there.
R. K. Bryan.
Sworn to before me the 30th of Sep
tember. 1895.
John D. Taylor, C S. C.
STAT OF NORTH CAROLINA, COUNTY
OF NEW HANOVER, IN THE SUPERIOR
COURT. "
The State vs. R. K. Bryan, Jr., and J.
W. Meacham Criminal Libel.
Ten Tears In the Penitentiary.'
Babe Evans and Ed Bird alias Ben
Rmwn ( hnth colored) charcred with bur-
The STAR'ntlurnn will bring gary sabmitted to a yerdict of burglary has o
After reading the affidavit to the
court copies were handed to counsel of
each defendant.
Mr. Bryan and his counsel retired to
Col. Waddell's office in the Solicitors
room in. the 'court house, and Mr.
Meacham and Mr. Marshall retired to
the jury room. Each prepared and re
turned affidavits respectively as follows:
IN THE SUPERIOR COURT, SEPTEMBER
TERM, 1895.
State vs. R. K. Bryan, jr., and J. W.
j Meacham.
R. K. BryahTlr., one of the defend
ants, replying to the affidavit of S. H.
Fishblate for a removal of this case, be
ing duly sworn, says:
First, he admits that S. H. Fishblate
is the party who is alleged to be ag
grieved bv the so called libelous publica
tions, upon which the bill of indictment
is based, but he denies that the defend
ants were at the time of the publication
of said alleged libel the editors of the
said newspaper, the Evening Dispatch,
and in reply thereto, states that the de
fendant Meacham Was not until some
time a week or more after said publica
tionan editor of said newspaper, at
which time he became its local editor;
and the defendant Bryan, while he was
at the time of said publication editor of
the editorial part ot the paper, was not
editor of the local department, had noth
ing to do therewith,' and was not em
ployed for that purpose, nor to supervise
that department ot the paper, nor was
he Interested in the paper as manager or
part owner.
Affiant further denies ' that he has
been engaged either, before or since in
circulating abusive and scurrulous arti
cles against the said Fishblate in said
newspaper, and says that he has pub
lished no article lor tne purpose, or wun
the intent of defaming him, or preju
dicing the public against him. That he
vou tne Dest results, uae wui a
word. .But no ad. taken for less
than 20 cents. . : - : J tf
President M. M. Lemmond of the
Southern Business College of Asheville,
N. C offers free R. R. to the Atlanta
Exnnaltion and return to all students
who enter on the cash scholarship plan
before Nov. lit. t
in the second degree in the Superior
Court yesterday morning and"-were sen
tenced by Judge Greene to ten years im
prisonment in the State penitentiary.
The sixth annual . Fair of the Border
Exposition of the Carolinas will be held
at Maxton October 80th and 81st and
November 1st. t
the proceedings before the
Court, as it appeared upon the record of
said court, and instead of the columns of
the Dispatch containing- matter scurru
lous, defamatory, or unjust to the said
Fishblate, the matter published therein
pertaining to him has been calm, and in
every sense just and true; that especial
ly - does he deny, as charged by said
Fishblate, that be has published false,
I. W. Meacham, one of the defendants
in the above entitled cause, after being
duly sworn, says ,
That he has heard the affidavit of S.
H. Fishblate, upon which the State bases
its motion for a removal of this cause to
an adjoining county for a hearing; that
he believes that it would be hard for a
jury, to be obtained, some of
whom would not belong to one or
the other of the contending political
factions of this city, and that he does
believe that it would be hard for this
affiant to get a fair and impartial trial
before a jury in New Hanover county
on account of the apparent bitterness
existing between the two factions; that
he is anxious for as spsedy a hearing of
his case as possible a bearing that will
be fair and impartial, and has heretofore
insisted upon his counsel' pressing for a
trial at this term of Superior Court and
he now insists upon an immediate trial,
unless the said case is removed to an
other county; that he believes he could
get a fair and impartial trial in either of
the adioining counties; and if it is re
moved he asks that his Honor win re
duce his appearance bond to an amount
which he would be able to give say
$100 or $150.
This September 30th, 1895. '
J. W. MEACHAM.
A. J. Marshall, Attorney.
After the reading of these affidavits to
the Court.considerable time was spent in
argument of counsel on all sides. The
Court then overruled the motion and
took V recess for dinner until 8.80
o'clock.
AFTFRNOON PROCEEDINGS.
The court room was filled with an ex
pectant crowd of spectators at 8:30
o'clock.
The defendants , with their counsel,
were present, and His Honor Judge
Greene. At twelve minutes to 4 o'clock
the Solicitor and counsel for the prose
cution filed into the court room and
took seats within the bar. The Court
asked if counsel were ready to proceed.
Mr. Strange, of counsel for the de
fence, said that he regretted to announce
that Col. Waddell was called to his
home by the illness of his wife.
Mr. Strange then made a motion that
Mr. S. H. Fishblate (who was present)
be made prosecuting witness in the case.
Solicitor Richardson then arose and
said that it had been agreed by counsel,
and from what he had seen of the local
political feeling, in this case he thought
it would be impossible .to secure a fair
trial of the defendant and would submit in
writinc the reasons for his course. ' He
then read from a paper in his hands as
follows:
I have examined an affidavit of the
defendant Bryan offered and introduced
by him on the motion to remove this
case. In it he .swears that at the time
of the publication of the alleged libel in
the local columns of the newspaper he
was not the local editor, nor connected
with the local department of the " paper,
and was not employed for that purpose;
and that he was not interested in any
way as manager or part owner ot the pa
per, but that he was only its editorial
writer. The State may not, therefore,
be able at this time to prove the con
trary, and upon this state of facts the de
fendant would not be guilty.
I propose sending a bill of indictment
against "those who are the owners and
Mayor's publishers of the newspaper at the time
of the publication, so that there may be
submitted to the jury under the -plea of
not guilty, the issue of the truth or fal
sity of the accusation, as committed, by
section 1195 of the Code. ;
" As to the defendant Meacham, I am
advised and satisfied, that he was only a
hired agent, who. assisted in the libel
lous publication, perhaps under the in
struction of others, without any actual
malice on his part. He has been already
punished by imprisonment in jail, and I
do not think that justice demands his
further prosecution.
I, therefore, enter a nol pros, as to both
defendants.
Mr. Lockey, of counsel for defendants,
said they obj ected to a nol jros.
The Court said it did not see how
they could object.
Mr. Strange said he did not know
what the practice is in cases of this
kind. The defendant (Btyan) would
like to have an opportunity to Bhow
that he is not guilty.
Ex-Judge Russell, of counsel for the
State, said ' that defendant Bryan had
sworn that he had nothing to do with the
publication, and if that was the case he
was entitled to a verdictofnofguilty;
but the prosecution did not propose t o
allow a verdict of not-guilty to be "re
turned fbecause .he hadjaothinr-to-do
with the publication" and thereby give
the defendant an opportunity to say that
a verdict of not guilty was rendered be
cause the publication was ttue; that the
paper had owner and - publisher, and
when he was indicted the only issue that
could be submitted to the jury, under
the plea of not guilty, was the truth or
falsityjof the article; and that the State
or prosecution was ready to face this'
issue, so that there could be no misrep
resentation of the meaning of the ver
dict. "
At the conclusion of Judge RuEsell's
remarks, the Court said, "Enter nol pros,
Mr. Clerk. The defendants are dis
charged." Mr. Strange renewed his motion to
make Mr. Fishblate prosecutor. "It was
not right." be said, 'that the State
should be taxed with all the costs."
' Judge Green said that he would not
pass upon that motion how.
He then 'directed that the gentlemen
summoned for the special jury and all
the witnesses in the case be discharged.
Two or three unimportant cases were
then taken up and disposed of, and the
court at 6 p. m. adjourned until 9 a. m.
to-day. -
An meanest Address.
The box sheet for Wendling's lecture
Wednesday night opens at Yates's this
morning. Judging from the interest al
ready shown, there will be a good audi
ence present. Tickets have been sent
to the Y. M. C. A. members (as they
have free tickets), but some were out
when the messenger called. Any of
those who have not yet received tickets
can get them at the office this morning.
No one should miss the opportunity of
hearing this address, as the editor of the
Globe-Democrat well says of Wendhng,
"He is easily at the head of the popular
lecturers of the country," and Dr.
Pritchard says: "I had rather be the au
thor of that lecture (The Man of Gali
lee) than of any words I have ever
heard fall from human lips." .
100 Pieces of
BLACK DRESS GOODS
Just Received.
NEW ADVERTISEMENTS.
TO-DAY
Never beforein the history of Wil
" mington havethepeople ever
been favored with the op
portunity of having such
a magnificent stock of
Domestic and Imported
Black
GOODS
To select ftom, consisting of the following:
French Serges, Storm Serges, Mo
hair Serges, Camel's Hair Serges,
Bengaline Serges, Surah Serges, Mo
hairs, Sicilians, Pejola Cloth, Pebbe
Cloth, Granite' Fancies, Empress
Suitings, Tamise, Cashmeres, Hen
riettas, Bacte Fancies, Broadcloth,
Habit Cloth, Sponged Mohair, Cra
vanette, Cheviots, Crepon and Cre-
pon Effects. Our beautiful line of
Pancy Imported
DRESS
Patterns
ARE WORTHY OF YOUR INSPECTION,
From $7 to $22 50 a Suit
Kid Gloves to suit everybody.
Agents for Dr. Jaeger's Woollen Un-
You Can
MAKE
YOUR
PURCHASES
OF
wear.
lit test Weather Beport.
The Bureau at Washington telegraphs
as follows:
The barometer has fallen in New
England and to the west of the Mississ
ippi. It has risen from the lake region
southward to the gulf coast.
The area of high pressure covers the
central valleys, the barometer being
highest over Missouri, while it is decid
edly low to the northeast of New Eng
land. It is colder on the Atlantic coast and
warmer in the Northwest.
The indications are that the weather
will continue fair except in the southern
portions of the South Atlantic States
and the temperature will rise slowly in
the central valleys and lake region.
. BANK EXAMINERS
Appointed by Tressuter Worth Fifty-One
Successful Applioanta for Law Lioense.
Special Star Telegram.
Raleigh. N. C, Sept. 80; Treasurer
Worth appointed Stephen T. Crowder,
of Ridgeway, bank examiner for the
Eastern District, and R. T. Joyce, of
Mt. Airy, for the Western District.
Fifty-one applicants for law license
before the Supreme Court passed suc
cessfully. Frederick Harper, of Wil
mington, was among the number.
The University class presented to
Judge Sheppard a gold cane.
Buy STo Otiera.
All persons are hereby cautioned
against buying copies of the Star offered
for sale on the streets unless, in every
case, the words "For Transient Sale"
are stamped on the margin of the paper.
Should any newsboy or carrier offer for
sale a copy of the Star not so stamped
he should be promptly reported at this
office.
If there is anything you want, ad
vertise for it. Is there anything you
don't want? Advertise it in the
Business Locals of the Star. One
cent a word. Bat no ad. taken for
ess than 20 cents. - tf
NEW ADVERTISEMENTS.
Johnson & Fore,
No. Ill Market St.
sep 89 tf
CLOTHING AT RETAIL
US AT
-AT
Ho. Horth Front St.
Strictly Wholesale Prices
Mackeral.
Means just what it says. We can
afford to do it. Our great manufac
turing facilities, our wholesale busi
ness, the small expense of our retail
department notwithstanding the
large volume of business put us in
position to sell at close margins.
THE PRICES TELL THE STORY.
$7.50 all Wool Black Clay Dress
Suits, Sack and Cutaway.
$5 and $6 splendid Dress Business
Suits, neat patterns, Plaids, Checks,
etc. Impossible to retail Clothiers,
under $10.
$7.50 every possible pattern, easily
worth $10 to $12.
$10 Such Suits as you are accus
tomed to paying $15 for. ' : r
$12 and $15 the highest pinacle of
the Tailor's art. Foreign and Do
mestic Worsteds.
Black aud Blue Cheviots $5, $6,
$7.50, $10, $12.
BOYS SUITS $2, $2.50, $3, $3.50.
Sare tlie Retailer's Profit.
A. DAVID & Co.,
Front and Princess Streets.
ep 19 tf
III
DRY
GOODS,
50 dozen MACKERAL.
100 dozen OYSTERS. ,
90 cases SARDINES.
85 CHEESE.
50 dozen TOMATOES.
150 boxes CAKES.
Our stock is fresh not all bought
at once to damage.
W. B. COOPER,
- Wholesale Grocer sad Commlstion Merchant, '
228 North Water Street,
oct 1 tf DAW Wnarogtda, K. C.
Seed Bust Proof Oats.
One car load R. P. Oats.
15 bags RED ONIONS.
200 bbls. new catch MULLETS.
150'boxes CHEESE,
and car loads of other goods not ad
vertised. When in need of anything
in a wholesale Grocers line don't fail
to get my prices. D. L. GORE,
12G, 122, 124 North water sc., ;
octltf Wilmington, N. C.
Loots H. Myers,
Chas. R. Lewis
Ylyers tc Lewis,
No. 8 SOUTH FRONT ST.
HEADQUARTERS FOB
School, Olce aiii Typeniter SflMlies.
Bubber Stamps and Engraving.
. sepltf
Carpets, Etc.
octl tf
w
HEN
INSOME
OMEN
ANT
Catcli-
K1ULLETS.
-' - - :
Put Up in Nice New Packages.
' Send in yonr orders.
HALL & PEARS ALL, .
Nutt and Mulberry streets.
sept DAWti
PIRFSCT flTTING GARMENTS THSY
win do well to call at No. 214 Market street, where
they will find all the latest Fashion Journals and
Parisian Colored Plates. All work guaranteed.
MISS EMMA DAVIS,
Formerly Cor. Prince and Front Sts.
ep891V
To the Public.
WI ARX STILL AT THX OLD STAND No.
11 Sooth Front street, where we woow i t
have ton call and see s whenever too .are in
a first chus Hair Cot or Share, ec arrrthinfeUe M tna
Baosfactjob Knaranteea. Kopecnuuijr
sept IS tf
Rnerts in Barberinr.
Sooth Front St.
jDruggist.
r
I!