.1
laranteed Bona-Flde, Every-Day J
circulation Larger Than TMat
Of Any Other Dally News-
paper ruoiisnea in
Wilmington.
L-:f MAILT NEWSrAPJSIl
IN THE STATE. J
OUTLINES.
body of Qaeea Victoria w
for Osborne House to roris
nitnenavai iuncrm F vr.
. 1 t 1 ntiAitfiCBIAn
mornifiAnt T)ae&!lt.
i mag c
KoHl- fnntrhtin Abyssinia ; thoa
of men killed. Ex-Sec
V Herbert argued before the Sen
aval Committee against removal
navy yard from Port Eoyal to
eatan. ine Venezuelan
k-nmrnt maintains a decani at
azainst the United Statea.
uinarv battle is reported be
rival Arab, chief in the Per-
rulf. Bids for coostruc
f three protected cruisers opened
Navv DeDartment. The
j discussed the shipping bilL
In the House a bill was passed
claims for stores and supplies
bv the union army dur
ie civil war. The 8outh
L.a Legislature killed a bill
tvent child labor in factories.
John Raffia hanged at Bur-
In. is. U., ior criminal assault.
Union painters in Tampa, Fla.,
ktruckfor higher wages.
Vi Cleveland, OHio, destroyed
whole salehousee, losses ag-
- T7 l
ri f ;uu mx new x urn.
s: Money on call was steady
12 per ceaL: cotton dull and
ar; middling uplands 10c;
ta; quiet but rather firmer in
n the rise of wheat; wheat
firm; Nd 2 red 81c f. o. b:
corn spot steady; No. 2 47c
katorand 46ie f. o. b. afloat;
pot steady; No. 2 30c; rosin
strained common to good $1.65;
turpentine steady at 40J41c.
VEATHER REPORT.
i
Dep't of Aoriccltuee,
rUEE, J
ib. 1. )
Weather Bureau,
f ilmisgtojt, N. C, Feb.
Pratur93: 8V. M., 26 decrees;
3;1 decrees; maximum. 47 de
huo'nvim. zb degrees; mean, Jo
aii for the day, rainfall
fet x montn up to aate.
Je of water in the Cape Fear river
Jetteville, at 8 A. M., 6.4 feet.
:FOREOAST FOR TO-DAY.
Ihixgtos. Feb. 1. For North
na: Generally fair Saturday.
ly increasing cloudiness and
ply rain ia rs;i.n portion by
light to fresh westerly winds.
ling variable.
rt Almanac February 2
ses 7.ui a. ju
ts 5 28 P.M.
Length 10 H. 27 M.
ater at South port, b ZT A. .Sl
ater Wilmington. 8 51A.M.
Washington Post says an
session of Congre33 is now re-
d by Senators as certain. Mark
a aeem3 to be carrying out hi3
lator " Pettigrew is a vigorous
nlator. The other day while
alating he" dislocated hi3 wrist.
pg some di3omted remarKB as
e.
fates fix things right aome
A fellow in Pennsylvania,
kit week sold hi3 wife lor fifty
was caught shortly afterwards
pg iron, jumped into a river to
and was drowned before he
Iwnm fifty yards.
said that the flow of oil from
kell near Beaumont, Texas, ha3
feo immense that in going to it
a3 to travel through o;l a foot
over the county roads, for
It poured out so fast that
Earth reservoirs hastily dug
not hold it.
company naa been formed in
go which will convert -Missis-
catfish into salmon, the big
l which take up ton much room
markets. They have some
S3 of coloring the meat so that
pld take aa expert to tell the
fence between it and sure-
Eh salmon.
other great oil gusher has been
Id in Texas, near the coast
bout three hundred miles from
pig gusher which began its
ing performance in the north -
Jart of the Stats. ner Be&n-
a couple weeks ago Texas
be a prettv well lubricated
whipping post seems to be
5ng in favor on the other side
e line. An Indiana solon Dro-
ottering a bill which provides
- -
sh as a Duniahmpnt for nnmpr.
Hences, and now a Connecticut
"wants to see the w. p. intro-
d in his JState. Some years ago
thought the whipping post in
south e-zi ul.
ic problem of getting rid of the
inths which have proved such
Mtruction to navigation in same
ir Southern rivers seems to be
way of being solved by the nse
chemical compound, concocted
ome comnanv in Louisiana.
a it is said will destroy the
AS with a little imrs.TiTicr at a
VOL. LXVII. NO. 112.
LOCAL DOTS.
March 14th is the date the
Piano Recital Organization hopes to
have Edward Baxter Perry here.
The British vice-consulate will
be closed today by Mr. James Sprunt,
in onor ot the funeral of the
lamented Queen Victoria.
L Agile Cotillon Club's Feb
ruary German will be danced Wed
nesday evening, February 6th, in the
Masonic Temple ball room.
The. monthly statement of re
ceipts of cotton and naval stores at the
port of Wilmington is published in
the commercial columns of the Star.
mi o - . .
a no ODAK is in receipt or. a
handsome 1901 calendar of the Co
lumbia and Hartford bicycles from
Mr. C. M. Whitlock, the resident
agent.
instead of telling a fellow to
go to hades, why not vary the mono
tony by telling him to go to Kansas?
It is about as hot there as it is in the
other place.
If the proposed new City char
ter is not defeated in the Legislature,
that body will make no mistake if it
add a provision requiring it to be sub
mitted to a vote of the people.
The steamer Clara Ellen for
the new Menhaden fishery at Fort
Anderson is in port at SouthporL
She brought a cargo of machinery
from Cape Charles for the works.
Rev. James Carmichael, D. D.,
will preach a special sermon to the
Wilmington Lodge of Elks at St.
John's Episcopal church, on Sunday
afternoon, 17th, at 4. o'clock. The
lodge will attend in a body.
The Stab is glad to note from
yesterday's Charlotte Observer that
Judge T. C. Fuller, who is critically
ill at the Buford Hotel, was much bet
ter Thursday morning. His physi
cians, bowever, still apprehend the
gravest result from his condition.
Conspicuous on the Water
street tracks of the A. C. L.. yester
day were three solid cars of Good
Luck Baking Powder, appropriately
placarded for Messrs. Hall and Pear-
sail, (incorporated), Stone, Rourk &
Co. and Cooper & Cooper. A hun
dred cars of the same freight passed
through Hamlet a few nights ago.
It is very evident that the pro
posed new charter, in its present form,
is not acceptable to the white voters
of Wilmington, and that, if they bad
the opportunity, they would reject
it at the polls. It seems, also, that if
the proposition to abolish the Criminal
Court were submitted to the white
voters in itvi.. ji .. - - -
meet a like fate.
NEW ADVERTISIIENrS
People's Savings Bank Our motto.
Wilmington Savings and Trust Co.
-Do you rest easy ?
BUSINESS LOCALS.
Dn. Benton & Co. Groceries
Mr. Grady His Beea Invited.
The State Council Junior Order
United American Mechanics will meet
this vear at Winston-Salem, February
19th, and Jeff Davis Council, of this
city, has named as delegates to ine
same Messrs. L. V. Grady and W. E.
Yopp. A very largely attended session
is expected. Mr. Grady has been in
vited by Mr. Rufus Shore, chairman
of the committee of arrangements, to
respoud to the welcome address of
Mayor O. B. Eaton, of Winston, in
behalf of the "Juniors" of the Btate,
anil has accented the invitation. The
invitation was a compliment to Mr.
Grady, as coming from the large mem
bership of the order in North Carolina,
and it is a duty his friends know ne
will fulfill with great credit to himself
and those be represents.
Died at Advaaced Axe.
The Stab regrets to announce the
death of Mrs. Rebecca Rigsby, which
occurred at 9 o'clock yesterday morn
in at her home, 1010 North Fourth
tt RhA was 03 veara oi age. inc
reased is survived by three daughters,
two of whom Mrs. John A. Stauss
and Mrs. D. A. Smith are of this
city. The funeral was held yesterday
afternoon at 2 o'clock from the resi
dence. Rev. J. J. Porter, assisted by
t?v J J. Pavaeur. officiating, lhe
Mmm'nn re carried on the 8. A. L.
to Council's Station for inter
ment
Basket Ball Last Night.
The first of the Y. M. C. A. basket
ball games in the cup series was
nlaved at the City Hall last night by
the Young Men's and Boya' Brigade
teams and it resulted in a score of 23
ctn in favor of the former. The
teama lined up as follows : -
IV
Vnnnff Vaii Love Davis, r rant
Irving, Earl Gore, E. Y. Davis and C.
T. TTnnkini.
Ron' Brisrade w. it. uoznvr,
r. rwhAP. Unas. Jjouznim. ioe
Loughlm and J as. race.
A match game was also played oe-
tweenthe two junior teams, "eaa
t'Tti.Mra " The latter won by a
nuu w -
a score of 8 to L.
Suburban Property.
-Messrs. J. G. Wright & Son, real
eatate aeents. have been granted per
mission by the city authorities to erect
five one story frame dwelling houses
on me east aiuo ui xouu, jt,
Dock and Orange streets. They will
be built for renting purposes.
Secretary JobaioB.
Rev. "Livingston Johnson, the new
aecretarv of the Baptist State Missions,
will be In the city on Sunday and wiu
preach at the First Baptist Church at
11 A. M. at Southside in the after-
noon, and at Brooklyn at nighty
GENERAL ASSEMBLY.
Proceedings for the Impeachment
of Chief Justice Furches and
Justice Douglas.
NO "BUNCOMBE" ABOUT IT.
Action Taken y the judiciary Com-
mmee Number of Witnesses Sum
moned The Supreme Conrt
Records Examined
Special Star Correspondence.
kaleiqh, N. C, February 1. The
impending impeachment of Chief
Justice D. M. Furches and Associate
Justice R. M. Douglas, of the North
Carolina Supreme Court, reported in
yesterday's special Star telegrams, is
by odds the most talked of thing about
the Capitol this morning. While this
move has been expected for some time
by I Los 9 in touch with the sentiment
and work of the General Assembly,
still the introduction of the bill look
ing to this end bv Representative Crai?
created a sensation even among those
wno were nest informed as to- the
progress oi toe movement and were.
parties to the preparation of the bill.
As stated vesterdav the bill was re
ferred to the Judiciarv Committer
and they have re-referred it to a sub
committee of five, with Judge Allen,
oi vvavoe, as cnairman. Utber mem
bers of the committee are Mr. Craig'
Uoiroaucer or the bill), Mr. Graham,
Judge Connor atid Mr. Soainhour.
.ine ract that the bill was introduced
by one of the acknowledged Demo
cratic leaders in the House, causes
even those who at first thought the
iaiK or impeachment all for "bun
combe" to be convinced that the
movement is in "dead earnest." and
will be prosecuted with all the vicrnr
and power of the Democratic leaders.
It will probably be several days before
the resolution for impeachment is re
Sorted back to the House for adoption,
lut when it is everv one concedes that
the report will be favorable, for the
resolution has been carefully prepared
under the direction of the beat legal
talent of the State, principally mem-
oers oi ine assembly.
The resolution of imneachment
cites Article 4, Section 9, of the Con
stitution, prescribing that while the
8upreme Court shall have original
jurisdiction to hear claims against the
State, their decisions shall only be
recommendatory, with no process to
follow, and be reported to the next
session of the Legislature. Also Sec
tion 1, Chapter 21. Laws of 1899.
whichr prohibits the treasurer from
paying any claims for services in the
shell-tish industry, except those un
der provision of an act entitled "To
provide for general supervision of the
shell-fish industry in North Carolina ;
rati tied March za, 1899."
Then follows a recitation of the
Theophilus White case and the man-anTWbdgXaSSi-Jbyrit.
court Furches
"Now, therefore, you (meaning ine
treasurer aforesaid) are commanded
absolutely and peremptorily, without
delay, to pay the warrants issued as
aroresaid by me state Auaiior on you
as Treasurer in favor of the plaintiff,
and that in all things you comply
with and obey the mandates and re
quirements of this writ, and that
herein you lau not.'
Then come tne two sections ao-
councing the action oi ine juages,
the real "milkin thecocoanut," which
are as follows:
"That the action of the said judges
of the Supreme Court is hereby de
clared to be in violation of the spirit
and letter of the Constitution and in
defiance of the plain statutory law of
this State, and a usurpation of power
subsersive of the rights and powers of
the legislative department ot tne gov
ernment. "That the said David M. Furches,
Chief Justice of North Carolina, and
Robert M. Douglas. Associate Justice
of the Supreme Court of North Caro-
f i . i : v.
lina, oe impeacueu iur uigu chium
and misdemeanors in office.
Special Star Telegram. J
The Special sub judiciary committee
met thU afternoon and examined the
records of the Supreme Court regard
ing charges for impeachment of Chief
Justice Furches and Associate Justice
Douglas. Subpoenas were issued for
the following witnesses: Judge W
A. Montgomery, Judge Walter Clark,
ex Treasurer W. H. Worth, ex-Aud
itor H. W., Ayer, Thos. 8. Kenan,
Clerk Supreme Court, and Deputy J.
B. Seawall. Col. Kenan is to produce
the records of the court in the shell
fish case.
Mr. Worth and Mr. Ayer are out
of the city. Only the records were
examined to-day. The subcommit
tee's purpose is to report to the Judic
iarv Committee as to grounds for
impeachment proceedings, and the
full committee will then report the
Craig resolution to impeach, favorable
or unfavorable, to the House. ,
In the House to day Willard's bill
requiring lobbyists to register the
names of those who they represent
and their compensation, passed third
reading. The bill is entitled "To regu
late employment of legislative coun
sel " Mr. Willard accepted an amend
ment to strike out the amount re-
jwivari The vote on the passage oi
the bill was 46 to 33.
Other bills passed final reading as
fallows: To annoint justices oi ine
peace for Chatham county; to repeal
Chapter 435, Laws of 1899, relating to
the stock law in Johnston and Ran
dolph counties; to prevent live stock
running at large in Robeson county ;
requesting Senators and Kepresenta
tives in Congress to support the bill to
the Temole farm and the
Moore House at Yorktown, va.; to
confer upon the Governor power to
fill vacancies on the corporation com
mission; to protect owners of timber;
to amend Chapter 79,- Laws of 1899,
relating to wreckage; to make the
Bishop of East Carolina a corporation
sole; to amend Chapter 27c, Laws of
1899. relating to a dispensary in ttuin
erf ord county; to amend Chapter 263,
Laws of 1885.
The House and Senate concurred in
the election of Capt. M. O. Bherrill as
Bute librarian for two years.
A message from the Governor was
read relating to the railroad tax as
iL W JL iJL Nl JUL HwJI
- . .."-'
WILMINGTON, N. C, SATURDAY, FEBRUARY 2
Kssmew compromise, me message
recommends an act in acceptance of
the compromise made with the rail
roads, tbey agreeing to pay taxes due,
amounting to $178,244. The Governor
says that in his judgment the settle
ment agreed upon is both just and
wise.
In the Senate the following, among
other bias, were introduced :
ouuer, or iramuco, oy request, a
resolution to investigate the Soldiers'
Home.
Warren, to incorporate the Farmers'
Bank, of LaGrange.
Lindsay, to authorize a committee
to investigate the management of the
institution for the deaf, dumb and
blind.
IToushee, to protect farmers and
merchants. '
Alexander, to encourage manufac
turing.
Wclntyre, a petition against the
sleek law from Whitebouse town
ship, Robeson county.
To amend Section 1618, Laws of
1899, relative to the examination of
State banks.
oenaie oui to anow alimony in
cases of divorce a vinculo matrimoni
pts&ed third reading.
Senate bill to allow the city of Ra
leigh to issue bonds and levy a special
tax.
House bill to change the name of
Union City to Asbpole and amend
the charter passed a second reading.
Mouse bill to allow Charlotte to
issue bonds to fund the floating debt,
the issue not to exceed $40,000, passed
second reading.
House bill to pay indebtedness for a
new jail in Graham county passed
second reading.
Other bills passed in the Senate were
as follows :
Third reading To incorporate Rich
mond County Savings Bank; to pay J.
S. Mann balance due as shell-fish com
missioner, Laws 1891-93; to amend
Chapter 28. Laws '99, substitute by
printing committee; to regulate' workr
ing convicts in Pasquotank county; to
authorize Halifax county to use cer
tain surplus funds for county ex
penses; to allow Iredell county to
work convicts on publio roads.
Second reading To allow any city
or town along the line of the Great
Eastern Railway to subscribe to its
capital stock; to authorize a graded
school in Greenville; to permit Hert
ford to levy a special tax ; to establish
a graded school in Enfield; to incor
porate East Spencejpa Rowan county;
to authorize Waynesville to issue
bonds; to authorize Franklin couuty
to issuaJbonds.
The Committee on Fisheries heard
W. H. Yopa for. and E. H. Free
man against the bill prohibiting sta-
.- -- J T71 .
compromise is being arranxeu ny
which a substitute bill will be re'
ported, allowing these nets under re
strictions as to the number of indi
viduals U.-y have and the size of the
nrts.
LOCAL SHIPPING INTELLIGENCE.
Trim Little British Steamer ia Port-
Other
Arrivals and Departures.
Among the arrivals of vessels in
port yesterday were the trim little
British steamer Premier, 188 tons,
Capt. McDonald, from New York, for
a cargo of lumber from the Chadbourn
Lumber Company, for San Domingo;
the schooner C. C. Wehrum, Capt.
Cavalier, from New York, and the
Clvde steamer Saainatc. also from
New York.
The clearances were the schooner
Jno. G. Schmidt, Capt. Norbury, for
Savannah, and the schooner Wm. F.
Campbell, for Baltimore, with a cargo
from the Angola Lumber Company.
The schooner J. Howell Leeds, re
ported yesterday from Norfolk with
coal for orders, has received instruc
tions to discharge at South port.
Brunswick Bridge and Ferry Co.
The stock in the Brunswick Bridge
and Ferry Company belonging to Mr.
E, S. Tfpnent, of Spartanburg, S. C,
and Col. Walker Taylor, of this city,
has been sold to Mr. D. L. Gore, and
Col. Taylor has retired from the presi
dency of the concern, the affairs of
which he has managed with great
credit to himself and satisfaction to the
public. Mr. W. A. McGowan, who
has also recently acquired some stock
in the com Dan v. has been elected to
succeed Col. Taylor. Mr. McGowan
is a young business man of splendid
ability and his election the pDsition
is a decided compliment. The stock
holders in the companv now besides
those mentioned above are ex-Gov
ernor Russell, Mrs. Kate Cumming
and Mr. W. M. Cumming.
Burled in Oakdale cemetery.
The funeral of the late Mrs. Mary
Hodges was held yesterday afternoon
at 4 o'clock from Fifth Street Methodist
church. The service was conducted
by the pastor of the deceased. Rev. J.
H. Hall. A large number or irienas
oatWed with the relatives to pay a
last tribute of respect to her memory.
The interment was made in UaJcdale
Cemetery. The following were pall-
bears: Messrs. J. H. Hanby, W. J.
TTirfcham. W. B Bell and Willie
Hodges.
Mammoth Grain Bins.
Capt Jno. H. Hanby has the con
tract for the construction oi a mam
moth eraitf- bin at the plant of the
Boney & Harper Milling Company,
on Nutt street. It will havea capacity
of twelve car loads, and will extend
the entire heighth of the building. Ad
ditional elevators, .wijl be put in to
facilitate the ' unloading of corn or
other grain from the side track in
fmni of tha building. Work on tne
improvement has already begun.
PERSONAL PARAGRAPHS.
Mrs. P. Heinsberger, Jr.,
and
child went to Faison yesterday.
Mr. W. B. Fort, of Pikeville,
was a visitor in the city yesterday.,
Rt. Rev. Bishop A. A. Watson
and wife left yesterday for New York.
Mr. J. A. Murphy, of Atkin
son, N. p., was a visitor to the city
yesterday.
Miss Carrie Hawley, of Fay-
etteville, is the guest of her sister, Mrs.
J. E. Bunting.
Miss Gertrude Kivenbarkyof
Willard, arrived in the city last even
ing on.a visit to friends.
Miss Mary Belle King returned
home last evening, after an extended
visit in Duplin county.
The friends of Mrs. Jno. R.
Marshall, No. 808 Prineess street, will
be glad to know that she is recovering
from a recent illness of several weeks.
Mrs. J. H. Land, Jr., of Chad-
bourn, passed through the city yester
day en route to Warsaw to visit her
parents, Capt. and Mrs. 8. A. John
son.
Messrs. Jno. R. Tolar and J. H.
Hart, of the Tolar-Hart mills, Fay-
etteville, arrived on the steamer Hurt
yesterday afternoon at 5 o'clock and
are guests at The OrtOD.
Mrs. J , Wayland Jones, wife
of Mr. Jones, who is head clerk at the
gents' furnishing establishment of Mr.
A. Shrier, arrived last evening from
Raleigh and is at Mrs. C. A. Price's,
No. 219 North Third street.
Mr. J. E." Benton left yester
day afternoon for Newbern where he
will be employed as head salesman in
the well known gent's furnishing
establishment of J. G. Dunn & Co.
Mr. and Mrs. I. Sycle and
son, of Philadelphia, after spending
sometime with the family of Mr. A.
David, left yesterday for Richmond,
where they will spend a few days be
fore returning home.
DIED IN CHARLOTTE.
Mrs. Eliza Owen Graham, Wife of Mr. A.
Graham, Formerly of Wiimieg ton.
A telegram received ysterday an
nounced the death in the early morn
ing, in Charlotte, N. C, of Mrs. Eliza
Owen Graham, wife of Mr. Archibald
Graham, at the home of the family in
that city. Beside her husband and
children Miss Mary O. Graham. Mr
Archibald Graham and Mr. E. K.
Graham her sister, Mrs. H. H. Smith,
of Wilmington, was with her when
she died.
Christian was a woman of high
wide circle of reiaiivcJ hum'
friends. She removed to Charlotte
from Wilmington, where she was
born, shortly after her. marriage, some
twenty-five years ago. She was
the eldest daughter of the late
Jonathan and Mary S. Barry, and a
sister of the late John D. Barry,
colonel of the Eighteenth N. C. regi
ment, and Capt Jas. O. Barry, both of
whom died a few years after the close
of the civil war. -
'THE GATTIS-KIL00 SUIT.
Famous Case ia North Carolina Will Be
Heard To-day on Appeal.
Judge Kobert W. Winston and J.
Crawford Biggs, Esq., of Durham, ar
rived in the city last evening and will
to-day argue on appeal by, defendant
in chambers before Judge Hoke the
famous Gattis-Kilgo case, in which the
plaintiff was awarded $20,000 damages
by the jury at Oxford, N. C, some
time ago.
Judge Winston is counsel for the
defendant and Mr. Biggs for the
plaintiff.
The Smallpox at Payettevllle.
Dr. McGougan, the city physician
at Fayetteville, yesterday afternoon
issued the following statement regard
ing the smallpox situation there:
"There is no change in the smallpox
situation, unless it is for the better.
There are no new cases, and the five
cases now under treatment are of the
yery mildest type. There is absolute ly
no danger of a contagion if every
citizen will adopt the precautions pre
scribed by the board of nealtn vacci
nation." The Fayetteville Observer of yester
day afternoon states that a 'phone
message just received stated that Mrs.
Cook and Miss Kate Holland, who are
in the country suspected of having
varioloid, are doing well.
Mr Smith Will Return.
Mr Joseph D. Smith, who for some
time has had charge of the insurance
stamping office in Charlotte, will re
sign that office and return to Wil
mington to take up the duties of sec
retary and treasurer of J. F. Garrell
& Co., (incorporated). His family are
expected on next Saturday. The
Charlotte Observer says that Mr. Smith
has been a resident of. that city almost
a year and. during that period he and
his family have made many friends.
Ia Honor of the Qaeeo.
At the usual service at the Temple
of Israel last night Rev. Dr. S. Men
delsohn, the rabbi, took occasion to
make a few very touching and appro
priate remarks concerning the life and
character of the lamented Queen Vic
toria, of England, who will be buried
to day. Dr. Mendelsohn also, referred
f eelinelv to the death of the late Baron
Rothschild In Germany' a short time
ago. ' -
Da vou want" 3.000 or' 3,000 old
newspapers at your own price t If ao,
call at the Stab office. They make a
cheap wrapping paper. ; rs x t
1901.
JDRY CAN'T AGREE.
I Shepard Suit Against Railroad
in Superior Court May Re-
suit in a Mistrial.
A FIVE DAYS' HEARING.
No Verdict Reached Early This Moraine.
Question of Amount of Damages Ap
pears to Be the Trouble Tbe
Session To-day.
After an extraordinarily lengthy
hearing of five entire days in the Su
perior Court, the Shepard damage suit
went to the jury last evening at 6
o'clock, and up to the time of going to
press this morning, no verdict had
been returned, and the jury is still
held at the Court House. Whether
the hearing-will result in a mistrial,
or whether Mr. Shepard will recover,
so far as the lower court is concerned,
the amounts claimed for his alleged
Injuries, cannot be determined until
iue court convenes mis morning as
usual at 10 o'clock. It was believed,
however, last night that the only
question of disagreement on the part
of the jury was as to the amount it
would award the plaintiff.
The session yesterday was taken up
with argument for the defendant by
Hon. John D. Bellamy; for the
C J MW..U.J, ,
and a very able and clear presentation
of the law and facia to the jury by
His Honor, Judge W. A. Hoke.
The speech of Mr. Bellamy in the
morning was spoken of by all who
heard it as one of the most powerful
and effective delivered n the Court
House here in many years. For two
hours and a half the jury, members of
the bar and a crowded court room
were enraptured by his clear-cut
propositions, his logical presentation
of the facts in the case and, withal,
hi eloquence in appeal to the jury to
deliver unto his client equal and exact
justice. He first addressed himself
for about twenty minutes to Judge
Hoke in a masterly discussion of lhe
law at point and during the remain
aer oi nis speecn to tne twelve men
who are to decide the issues in .the
suit. Upon the conclusion of his
speech Mr. Bellamy was showerel
with congratulations upon his exceed
ingly fine effort. " ,
Upon the re-assembling of court in
the afternoon at 2:30 o'clock Marsden
Bellamy, Esq., made a touching and
convincing appeal .to too jury in be
half of his client the plaintiff, and he,
too, was heard attentively by the jury,
a large crowd of spectators and others
tntoveotea ul- -
Judge Hoke's charge to tne ju
comment as to its scope, power and
lucidity, and consumed about three-
fourthsof an hour after which the jury
retired to make up its verdict.
These were the issues submitted :
"Was plaintiffn jured by the neg
ligence of tne defendant
, "Did plaintiff, by his own negli
gence, contribute to his injury?
"What damage is plaintiff entitled
to recover?"
Synopsis of Judge Hoke's Charge.
After defining negligence and stat
ing the contents of the pleadings, the
court charged the jury on the first
issue that there were three sources of
negligence imputed to the de
fendant; (1) That defendant's train ap
proached the crossing without giving
the usual and customary signals. (2)
That it approached the crossing at too
great a rate of speed. (3) That the
defendant's employes failed to stop
the train after they saw the plaintiff,
or after they could have seen him by
keeping a proper outlook.
, With regard to the last source vof
negligence, His Honor charged that
there was no evidence that the de
fendant could have stopped its train
after the employes saw the plaintiff
pass the danger point and the jury
would exclude that source -of negli
gence from their consideration on
this issue; that the question of the de
fendant's responsibility on the first
issue depended on whether they ap
proached the crossing without giving
signals or at too great a rate of speed ;
that the burden of that issue was
upon ffte plaintiff; that the law pre
sumes that every person did right
until the contrary is made to J ap
pear and requires the plaintiff,
who alleged negligence, to establish
it by the greater weight of evidence to
the satisfaction of the jury ; that in this
case at bar, if the jury was so satis
fied, that the defendant failed to
sound the proper signals and the in
jury resulted as the proximate conse
quence of that failure, or il members
of the jury were so satisfied that the
defendant approached the crossing at
a greater rate of speed than was pru
dent and the injury resulted, they
would answer the first issue, "Yes;"
that if they were not satisfied they
would answer the issue, "No."
Judge Hoke then recited the evi
dence and the argument of thenlain
tiff and the defendant npon the first
issue.
On the seeond issue the - court
charged the jury that tbe plaintiff was
required by the law to use his senses
and faculties for his own preservation.
It was his duty in this respect to exer
cise the degree of care that a prudent
person would use under like circum
stances, and if he failed to exercise
such care and by that failure
brought the injury upon him
self as a proximate consequence,
it would bar nis recovery; that
it was the duty of a person approach
ing a railroad crossing to look and
listen for the approach of trains, and
to avoid a collision if he could do so
by taking the degree pi care required,
and the duty was upon him through-
WHOLE NO.
10,439
The People's Savings Bank,
Capital Stock, $30,000. ,
t
Our Ittottoi-Safety, Cburtasy, Promptness, Liberality.
-DIBEOTORS:
H. C. M'QUEEIT,
J. S. ARM8TRONG,
E. C HOLT,
J. H. CHADBOUBN, JR.,
M. jW DIVINE,
W.
U. C. IttcQUEKIV, trldet.
feb 2 tr
Do you rest
about
your money
Our nex
qttartcr,
THE WILMINGTON SAYINGS & TRUST CO.
. .mntniiOB,lTiWel.
c. B. TAYLoit.
put; that if this is a level country and
the' plaintiff as he approached this
crossing could have seen ;jthe train
through its entire route until it reached
the crossing by simply looking or
turning his head to look,; and by
reason of that failure he drove on the
crossing without seeing the train and
was burt, it would be contributory
negligence and lhe jury should ans wer
the second issue. "Yes." Oe. it the
plaintiff saw the tibia approaching in
time to have stopped his j vehicle
and thus avoided the injiry, and
he failed to do it when he
could have done so by exercising the
ordinary care of a prudent j man and
failed to do it, in that event ! he would
be guilty of contributory negligence
and the jury should answer t&e second
issue, "Yes." If, however,! the
plaintiff did look and listen and
continued to do so, the sight of
the train being obstructed jjby inter
vening obstacles, he drova on the
track and was induced to do lit by rea
son of the fact that the train! failed to
give the usual and customary signals,
upon which he had a right to rely and
did rely, and the jury further j finds
that after he saw the train and the
danger was imminent, he did what he
could in the exercise of proper care to
avoid the collision and to. stop the
horse, then there would be ncl con
tributory negligence and (the I jury
should answer the second issne, "No."
The evidence and argument perti
nent to this issue was then stated by
Judge Hoke, and he furthejf charged
tee jury on tne tfcurdQsue as to dam
ages, which he saw was a- ngatter en
tirely in the discretion of members of
STiso .--- j .
answer the first issue, "No," or the
second issue "Yes," it wo4,ld not re
spond to the third, but if thejjanswer to
the first is "Yes" (tad to the second
"No," that is, if the defendant was
found negligent and the plaintiff; free
from fault, the jury would! award to
the plaintiff what is, in their judg
ment, a fair compensation fair the in
jury. ;
The jury which has the ease under
consideration is composed iof Messrs.
A. H. Zoeller, E. E. McGowan. D. S.
Bender, W. &.. Piner, S. 41 Schloss,
W. W. Roberts, Geo. Wyane, J. H.
Dew, F. L. Mintz, John L. Smith; J.
W. Barnes and Wm. Simpson, j
The Closing Sessioa To-day.
The
closing
of the
session of
the
two
the
weeks
January term of
couvt will be held to day There is
but one trifling case on the! docket for
trial to day National Cash Register
Company vs. Lucy J. Parriis and the
whole attention of Judge j Hoke and
the attorneys will be given to a dispo-
sition of
the motion and
summons
dockets.
Ir. G. T. Flynn aM family,
who rVnoved to Norfolk some time
ago, h
ire returned to Wilmington to
live.
Church Netices.
Bladen Street Methodist Chnrcb: Rev. J. J.
Pnrtnr will nrftar.h at 11 A. : M.. and . at
t.hA Avrnilni; fwtrvlce. li
Bev. P. C. Morton will preaca at Deizaao
3.8U In the afternoon. ji
Minn NiiniiRv mnminir ill. ueuujiiuuiu: auu nu
nhanai of the Good EtheDheso. Sixth and
on Sunday at 11 a. m. and 8 p. m. Sunday
ecnooi at o clock in uu wwruuiu.
Beligious services will be conducted at the
Seamen's Bethel tmorrow (Sabbath) arter-
Seamen and rlvermen are especially invited.
First Presbyterian Church: Mvtno service
at 11 A. M. and 7 m P. M., conducted! by Re.
T.hn HT tta-vt-sin Qnnrtav flftfinft'l A. 8 JW P. M.
Praver meUng on Thursdays at 8 P. M. The
public cordially Invited. (
Southside Baptist Cnurcn, comer jnrxn ana
School at 8 P. M. Prayer meeting service every
Wednesday mxnt at o ociock. :i .
... . PiattMH.ii Dinmh mraAF
nth III I IWW C riWMJ Wl V.l VU, w.uva,
na.r.a - Q.hhatll saninAt. 11 A. M. Alia
? 30 P. M. Sabbath school at 8 83 jP. M.i .Prayer
meeting ana lecture weanesay at o r. m.
Tha nnhllR nrdla.llT Invited. Beats free.
pmnkiTn R9.nt.laf. Thnrch. Ronier Fourth and
aAMWAAa sv-mivw ot. 11 A MS and ft P. VL.
Sunday ecnooi at 4.110 tr. a. prajrw
and praise meeting weanesaay at o. r. m.
Strangers and visitors are cordially lavlted to
All HArvtaAa. -I ! .
Fifth Street Methodist Church, situated on
nlj.i. . . tu.A.wm.n Vnn .ndnhnmh. HAT
John H. HalL pastor. . Services on 1 Sunday
at 11 A. M and 7 JO P. M. Prayer meeting Wed
nesday evening at 7.30 o'clock. Sunday school
Sunday afternoon- at 8.00 o'clock A cordial In-
vir.ar.inn extenaea to an.
arara m sl. church, corner of Grace and
Fourth streets. Pastor, Bev. Jit N. Cole. Ser-
I ann. n . nlnlniifr a ni Anil VUtl t1
Sunday School, W. B. Cooper, napt 8.30 p. m
AWAUJC V V1W1UW iiv wam v mrj vwj
a AAnfioi BaiMma tr all VialtnnKtAi ttA iitxr
For Whooping Cough
11 an : i!H tr.iu h: y'jis ka
PECTOKANT.
NEW ADVERTISEMENTS.
LARGE SHIPMENT.....
1
Bananas, Oranges, Applet, Pears ana
Cocoanuts just arrived. Candy Factory in
full blast. Don't buy bakery supplies before
examining my line. -
Andrew Mavronielvols.
jansstt 75 worth Fourth street.
- 1
TERMS OF SUBSCRIPTION f
A One Vear, by Mail, 5.00$ -
a six month, a.5o;
X Three Month. : 1,25 '
Two Months, jl.OO
Delivered to Subscribers in th
City at 45 Cents per Month.
uvyvoiv.
WM. C ALDER,
ISAAC BEAR,
M. J. CORBETT.
whitehead'.
JNO. 8. ABM8TBONO, Vie President.
V. XV. DICK, CMhler.
UHV NOT Deposit in the. largest and
fitmnffMt flftvlncra Konlr In Ttlnvth rio
Una, where it will bear interest
4-
0 PER ANNUM,
AT tUTK UF '
Compounded
uuarteriy,
and Is subject to check, without notice.
nn. Buy lime.
begins March 1st.
U. WALTERS, Vie PrMlde.t.
jr., Cashier. $rt2tr
a wun so inrorm my
friends and the public generally-
that I have bought
th entire business of THE
KINO GROCERY CO., and
will continue it on the same
principle that has always
X
X
x
r
cnaracteriaed Us policy.
BrUT UASU.
NO TIME.
NO DI8COUNT.
5!
NO CREDIT.
Everything most be exactly
aa represented or money
refunded. We thank you
very much for your liberal
patronage to the old firm in
the past, and hope by fair
dealing, courteous treat
ment and prompt service to
merit a eontinuanee of your
support.
J. I. MIDDLETON,
SUCCESSOR TO
X
i
Z
5!
X
V THE KING GROCERY CO.
X
Fourth Street Bridge.
'Phones 337. tu th sa
jan 92 tf
ice and
Exclusive.
Naming a price without regard to
-quality does not make a continued
successful business. Vou may put on
the puoiio an Inferior poods one time
and mavbe two times, but not all the
time. We are in the Cigar business to
win; and knowing It is only a ques
tion of qaallty that counts with a dis
criminating pnbilc, we have made it a
raAT "Renown,"
"Cuban Blossom"
Cigars
ABE THE BEST VALUE
FOB TBE MONEY
sold on any market. It yonr grocer
won't sell ihem because of the small
margin ot profit to him, wean tell
you who does.
V0LLERS & HASHAGEN,
Cigar Manufacturers' Agents.
JanOtf
THE EXPENSES PUT ON
YOUR LAND DEMAND
r
Yon Should Plant
Only tbe Best Seed.
WE OFFER
Houlton Early Bose and Early Ohio
Beed Potatoes. Very flue N. O Feed
Oats. Fe'tlitsera made by tne Vir-SflDia-Caroiiha
Chemical Co.. and
Fertilizers not maae Dy luat com
pany, at low prloes and reasonable
terms.
INQUIRIES AND ORDERS
suiAiua a riis. .
A Complete line of
General Groceries.
Vail orders obtain as much attea
tion and as low prices as personal
orders. -
Toe Worth Company.
janltttf -
f 1 7
wny Taypju .
for a line J
Bedroom Suit
WHES YOU CAN GET
JU8TA8 X
, FINE A BU1T
$150.00
E. M. ANDREWS,
The Furniture
Dealer,
117 SOUTH FRONT
jan25tf STREET?
III III SI
Lot 41 ft. front by 144 ft. deep,
Adjoining Cape Fear Club and Beaboard Air
Une Building. -Beginning
183 feet north ot K. w. corner ot
Front and Chesnnt streets. Buns North
feet and westwardly 144.
. Bids for this valuable lot will be. received
nntOsFebmary . 11'.
Becnre Information and addrees bids to
J. G. WRIGHT & SON.
Seal Estate Agents.
jaasost
!
-f j o
ttcost