DAILY 'NEWS.'
... - rrH
BI ONK & UZZELL, - - ' PEOPRIKTDRS.!
. . . ; F ATETTK VIltLS STBKKT, , i . ' ; . i
over W: O. Stronacu fc Cos Store ' j
CAHH---IN VARIABLE IK ADYAWCE, ' j
The CXILY will be delivered 'to!
lubseribers at fxftkejs .cknts per week,:
p :i.ynhle to the carrier weekly,, if ailed at, f 7,
p:riinnuiu; f3.50forsix mouths; 2 forthrecs
r
RATES' OF' ADTEKTIS1NG J iu1
OneBartee ltisertoi.1..LJlj...r..:.l
One hq nara. twa lnaertlon , 1 5ft
hi
OnBsqaarotttoeeiHsertlons..,., a 5f
nn aqnra rIt Insertlona 3 00
One square, one month.,..... 8 co-
One sqnarel thed iaoirtlU...JU.J.Xj.J..la M
One square, tlxraonlbil J.lL.
3000
One square, elve months,....-.
woe
MOUtli. - - ' (!- V.J1
VOL. II.
IU WFJiKLY NEWS at $2 per una Tim.
; ; -
RALEIGH N. CL WEDNESDAY MONING JUNE 25, 1873;
.A
- ori iarradvejtiBaneatStutU)exai.CQn
tracts will .be made. Ten line, s solid non
pareil constitute bnq square1 i a Jj y a, j u
v.is-d-JI
Y" 1
Mail?
! ;
: I 1 I.J T V W 'li NKI .X1i...ii".i ;!:! r
;.JUNE.25.,,iS73r
LOQAL MATTER..
K. C. WOODSON, City Editor,
MORNING EDITION?
' LnqAL BRtKFS.i
Ji Y. Bryce, Esq.
of Charlotte, is 'in
our. city. . ,,; -; u ,s .. ). -
'..Sale oi bid Pair. Ground lots today
a '11 o'clock a. m. ' 1 - " ' ' 'I
. Hon. Win.; M. Shipp h'lh' attetitUace
lipon the Supreme Courts a ; :im ..
There will be a meeting ' of Rescue
Fire Gompany this evening at' 8 oclo'ck.
- A large number of our citizens attend
the Wake Forest j.catotoenpe,ment-e3fij-cises
to-dayl . '. 7.- ', t .';. . . -- j
---Thi lat-and-dry weather makrar-trs
, wish devoutlyjifri the ico factory and
street sprinkler. y-
' The exercises' at tlieTeace' InstiCute
will le of a very : interesting character
to-day. The public are invited.
lesterday morning an explosion was
narrowly escaped at Bradley's soda
fountain. - iFortunateiy.Mr.? B. discov
ered the state ot affairs in time to avert
the danger.
v e were pleased yesterday to wel
come to our sanctum James McGfilvesay,
Jr., of the ayetteville 'JE'a.' !Mr. Mc.
is a clever gentleman and we enjoyed
his visit. , , t i. '-,
; Rumors of rabid dogs are flying fast
and thick. -TheTeports art bejbnd all
doubt greatly exaggerated. At any
rate our authorities should enforce' a
dog law.
We are glad to hear that the bonds
of the'Fayetteville and Florence 1 Ran
road have been successfully disposed of,
and. that on Monday the survey com
mences. The completion of this pro
posed road will add much to the mate
rial prosperity ot this city." ' " il ' ' :
Many portions of the city are in a very
fifty condition. In some localities at
times there is a perfect siedch. If lot
owners will not cleanse their premises
ought not the authorities compel them
to do-so.' vommon sense, to say noth
ing about decency, should point out to
ttejse in authority the necessity of en
forcing vigorous measure to remedy this
state of affairs.
Tub N. (J. Home (Fire) Insurance
Company. We desire to call special
attention to the advertisement of this
Company. ,,-;';,' '' '.V.
After an existence of 1 four' years," it
may nowbe taaked as one ot the most
energetic, reliable and prosperous of our
State institutions challenging the con
fidence and patronage of our property-
uoiuers. lts remarkaDie success may toe
attributed to thecommendable appre
ciation which our people have exhibited
of home enterprises, and to its conserva-.
tive and prudent, but vigorous manage
ment. i 1 . .
'We liave been favored, upon our ap
plication at the office to that effect, with
the following list 'of losses which this
Company has promptly paid within less
than' three years. Besides those thus
enumerated, many other smaller claims
have been adjusted .and paid, with
which it i unnecessary to encumber our
columns
in-. F. N. Mullen, Camden county, 1,900 00
liuius lion urn, uranvuie- i . v . 4,wts oo
W. A. Lewis, Iredell " 528 58
). 8. HaytB, Kobeson " 2,409 16
Geo. Chapiuan, McDowell " 83
VV. C. King and Chas. Lowenburg,
Carteret county, , 246 62
M. A. Bledsoe, Wake county, 3,000 00
J. K. Eurnard, Granville 541,50
J. W. Vaugban, " 902 00
Kd. i-asnach, Granville " 595 74
lassiter. Bon d: Co.. Granville ' 1.997 HO
U.K.and 1. J. Youuc " " 4,133 00
M. II. Kittle, , oo
VV. H. Lyon, Pasquotank V ' 270 00
A. Li. Walsli, Mecitlenburg 300 00
W. F. Brooksbire, Montg'mry " , 2,250 00
l. n. Musa, Fercralmans " 70o 00
Conelaiid & Norwood. .NorthaniD-
W. H. Llttlejohn, Franklin county, 1,31
ton county. - 1,
00
00
W. A. Smith. Halifax
2,000 00
1,200 00
J. McClfces, Tyrrell
J. O. Haw ley, Robeson
Ulackmau, Lee & Wilson, Samp
son county,
J. . Spencer, Camden county,
W. J. Murden, Pasquotank
McKay & MeCall, Klcbmond '
A. F. Bizzell, .' . " ; " 1
A. J. lirite, rerouimans "
750 00
400 00
250 DO
mi 00
925 00
l.tkid 00
32.5 00
2 tf 00
JMurpuy S Joueti, ayn,e
xi. wares, Herirora
,v:l
11. Howard. New Hanover "
339 50
I'tacock & Ellis, Wilson M
K. W. Homar, Tyrrell
it, T. Jordan, Chowan, "
J. L. Brittain, Henderson -
Fulford a Chadwick, Carteret "
W. E. Thomson, Orange "
W. C. Porter, Guilford .
Fowler and Ehrrnghams,' lasquo-
tank county,
A. S. Gray, Mecklenburg county,
Peel & Elius, Wayne
J. H. Barnes,
T. J. Murden, Pasquotank ".
J. Turner, Jr., Wake '
J. A. Keen, Davidson
Mill's, Keerus & Co., Kowan M
A. F. Webb. Orange "
Mrs. s.W.Gregorj, Camden "
J. 1). C.Pool Granvlllo "
J. P. Cline, Catawba .-. . ;
J. Xosmuski, Craven "
JA, ABhlord, ttampson ; ; " ,
E. B. Golet, Vvayne "
K. W. Berry, Camden "
i). J. Justice & Co.; New Hanover
county,
J. T. ; Alisop, Halifax conntyl
M. H. Eure & Co., Gates "
2,100 00
1,015 70
1,000 00
200 00
550 W
525 00
1,950 00
311
820 00
1,078 01
686 8$
Sbl 75
250 00
1,7207
1,424-14
mi 00
,292 50
900 00
2.500 HO
1.500 Oki
41 00
1260 00
275 00
776 00
2,964 00
'' 407 00
The assets of the Company, we are in
formed, are Bteadily increasing, and its
Policies 'are sought, not only at homei
but from other States. Its stftk holders
are men of character and substance. Its
officers are : R. H. Battle, Jr., President'
C. B. Root, Vice-President : Mai. Sieaton
Uales, Secretary .and Pulaski Cowper,
Esq., Supervisor... ana Adjuster, lhe
names of these gentlemen are a sufficitnt
fcuaranteli of' efBcfencyi fidenty'ariA' fair-
dealiDg.!
Pt nub, Meeting.: A public temper-
.... . 1 ' ' . 1 ' 1 j z 1 r J 1 :
-rr
auee meeting will ue neiu in Aieiruuou-
tan Hall at' 8:30. o'clock,. Key. W. B.
Wellons, Secretary "of ' the','. Supreme
Council, will deliver an .'address. Ad
mission free. ' '
Boston leu. The bes't Boston ice can
be obtmued in auy quantity at Mr.
Blake's establishment, m the cellar be-
ueain &. JJ. lldniscn's store, corner ob
martin bnd Fayetteyille streets, ,'llel
WEDNESDAY..:
will ship it to any point.
a. A IT . U y. .it
McNamara-Kekrtqan
Case-
Ex AMLNATION OP WlTSESSES. ETC-
Thia case was called'at 5 o'clock 3Iondy
.afternoon. A l'.'ui'yi-tit
Col.. Sion H. Rogersj f the plaintifTs,1
Counsel, askett ' tnat the children be
brought in Court, that the case being an
appeal and not a writ ( of . habeas corpus
it was ngni anu pr9perinat tney should
be present. : ''
mr. urai nsr. oi 'ine neumnn rw no
necessity, jor suet a course, but as it was
immaterial would not object.
119 juuge oraerea tne trial to pro
ceed, ana tne ciiuaien could be sent for.
The plaintiff's witnesses 'were called
and sworn ' ' ' V ' '
J. .Nv Bunting, Probate Judge, w as
the first witness examined.
Afterreading the record of the pro
ceedinga wherein the children were
bound by him as Probate Judge of the
county td Rev. J."V. McNamara,he tes
titled as follows : I bound the children
to Rev- J- Y. McNamara at the solicita
tion of Sheriff Leej The' lady who had
the children. ; in charge informed me
that she could no longer keep
them. I gave no notice to any
parties of my intention to ' bind
out the children as it was generally
understood, and I also understood that
they weae abandoned children; and the
parents 'were represented to uie as"bte
yond the reaelKof a legal notice: I
bound them out on the same day appli
catioflHvas ''made to - me. v The lady in
charge of the children testified to me
tbttt tlie inotlier'promised to return 'the
day alter she left, anc was then two
Weeks absent from them and no tidings
of her.
In answer to the question, why he
bound them out on the same day appli
cation tvas made, &c, Judge;Bunting
answered, by way of explanation, that
so many litigated cases. of thisnature
had occurred, in all of which the chil
dren had been throwi on him, and as
he was now overstocked, he was anxious
to dispose of ;Uiem when a party was
willing to take them, and he felt-Justified
by law in binding them out, ,
Mrs. Kerrigan was next swern, who
said :.I am the mother. of. the children;
bound by Judge Bunting to Father
McNamara. Here tells the age of the
three '-children ; one eleven yetrs
and the youngest an infant.
Was married '"eleven years ago j
to Mr. Kerrigan in Philadelphia ;
hare lived' with turn ever since. My hus
band is a tin smith and a mender ot
umbrellas. I am a -lace peddlar; buy
mylaces in New York and sell in this
and adjoining counties. I left my home
about lour weeks ago to attend my sick
husband who wrotQ me IronrWilmingN
ton, expecting to return in a day or two,
and lelt my children, at; my house under
the charge of a lady who I employed to
attend toUhein, tijl , my return, paying
her $1 for her services and leaving seven
dollars worth of 'provisions, two dolr
lars worth of which I bought at Mr.
Magma's store4, and five" at Mr. Homan's.
When I reached Wilmington 1 lound
my uusoana too sick to return lmmeai-atefy-,-and-remained
- r- hir -request to
wait till he' was able to return with me.
Lcarne home on Saturday, called byMr
Magnba'a store and" purchased, some
meat and candy lor my children ; went
homo "and found them gone and all my
furniture and effects taken away; learned
th it Father McNamara had them ; went,
back ta.Mjr. Macnin's ' stores and .told
him what had occurred and- asked hia.
advice. I went to Father McNamara
and asked him for my children. He re
fused me and told me to leave his prem
ises '.'a drunken sob and worthless crea
ture.'' I then begged to see my infant.
He permitted me to go and kiss it, but
told me in abusive laDuaire
to jeaye at
once
and never cross his threshold
again. I then told him I would die or
have my children, lie told me to die
then, as I should never have . them un
less wrested from him by law. I then
left -the house.,, f u-
i am fully able to support my child
ren well, by ,my, occupation, even with- J
out the assistance ot my -bus Dana. My
husband during , his absence scut me
money regularly every week in sums
from $5 to $25 dollars. : ,
CrofcS Examined I have never been
a hard drinker, and have drank noth
ing stronger than wine in seven, months.
only eow and then a little wine or beer ;
Was never sepn drunk on the streets ; do
not consider that 1. am druuk unless
down and can't get up : will admit I
was twice slightly intoxicated ; I was
never hauled home in a wagon drunk ;
never made atof improper exposure of my
person to any one; "the house 1 left my
children in belonged to Dr. Menninger,
and I owedone mqnth s rent when I
left; owe n6thicg ' ho"W fthe furniture
Father McNamara took away was sent
back o me ; my hushand gets on Jiis
drinking . spiees i very regularly, but
peter treated me ' badly ; but once or
twice ; I then applied tu Father .McNa
mara for counsel. ' -r- ; ;-
Re-Direct Father . McNamara came
to my house and 'required my husband
to take what he said was a pledge on
his bended knees, anil made him pay $5
jfor.it ; he afterwards came to my house
and told me he did not have a pair of
stockings to wear, and begged me to
suprlv his wants; I gave him $1 : he
afterwards assessed me lor the church
twenty-four yards ot white lace th,at
had cost me SI 3 : he said it was
for the altar cloth in the church; the
lace has never been used for the church,
and he has it now; I also paid $2 to him
for baptizing iny jhild.
Mr. Kerrigan, sworn, savs : 1 am tne
father of! the vhudreh ; married Mrs.'
Kerrigan 11 years agor am a tin smith"
and a mender ot umbrellas by profes
J-mendine ur
r!Uoivelv I
sion, but as l make more money uy
mbrellas attend to that ex
travel from place to place
as my. business calls me; was at Fayette-
ville when my children were bound to
Father McNamara. I was taken sick and
wrote to my wne to come and see me,
and she did so; I have sent to my f amily
sums ot money at various times si&ce I
lelt Raleigh ; I came from Washington
City to Ualeigh and landed, here with
about $300 in money, and have never
wanted for any of the necesoarics of lite;
my wife baa peeq sick for six or eight
n onths ; she sometimts drinks; all Irish
ladies: do,! even the fclefgy drink at time;
I am fully competent and able to sup
'fllE
port my family ; can average any week,
by my trade $25 but will drink and get
on sprees ; sometimes I spree from one
to three weeks.
Cross Examined I generally average
six days of the week; I spreed about
three weeks while in Wilmington ; stay
on a spree sometimes a month ; my wife
is frequently travelling herself, then I
stay at home with the children ; think
I can take care of them, though I am
drunk when my wife is absent.
' Mr.' Magnin was next sworn; and tes
tified as follows : I know Kerrigan and
wife ; both trade at my store. Their
ctedit is good ; they have kept a run
ning account with me and always paid
up. Mrs. Iv. is a lace peddler, and is
active and industrious in her business.
She buys her laces North. I reccollect
when she received a letter froni her hus
band stating thathe was sick and ask
ing her to come to;him. She came to
my store-,and bought some provisions
which she sent back home, then went on
to the depot to take the train. When
she returned from Wilmington she came
by my store and bought some meat for
family .use and candy for ."her children
to take home, but soon returned ' and
told'hie Father McNamara had taken
her children, and asked me what to do.
(The balance ' is a corroboration of Mrs.
K'b. testimony in this Dart of the case.l
Mr. Magnin was cross questioned at
considerable length by the defendant's
counsel, in which he wa3 asked to.read
the article that appeared in the Sentinel
under Lis name reflecting on Father'
McNamara. ,
Messrs. James M. Harriss, John Arm
strong, Mrs. Patrick. McGowarj,. Mrs.
Karrer, Edward , Pomeroy and " Ann
Fowler were all called, who testified to
the general good character of Mrs. Ker
rigan ; also that she was neat, clean and
tidy in her person, &c. ,
With ttns the counsel for the plaintiff
closed their testimony for the present.
Father, McNamara was sworn for the
defence-- .cHe said,. ' in substance :
Thesepeopleooked to me as their pro-
lector. xa my capacity as. tneir spirit
ual guardian, I often visited them add
opportunity was thus afforded me to
get a knowledge of their condition,
situation and circumstances. Mrs. K.
often complained to me that she was
neglected by her husband, though I
knew in one or two instances he sent
her small Bums of money. She inform
ed me nine weeks before she abandoned
her children that she had not heard a
word from her husband. She asked
my advice about going to her brother's
in Iowa, whom, she said, had offered to
send her monev to pay her excenses.
and I advised her to do so, as I knew
Mr. Kerrigan to be a worthless ot. She
afterwards came to me and told me in
a sad manner that her husband had left
her. I consoled her as best I could.
Sorde'time after" this she dame to me in
the morning and Landing me a $20 bill
tisia uiu tu nua six more to tnat
and get some goods for her from the Ex
press office. Thi3 was on Saturday. I
told her I would do all ! could to assist
her ; took the $20 and expected to get
her goods for her early Monday morning.
Un Sunday one ot my congregation
told me at church that Mrs. Kerrigan
was taken home on a wagon - beastly
drunk the night'before ; Monday morn
ing I saw ner. ana told her. what 1
knew, gave hery money back and
abruptly dismissed her from my pres
ence, luesday following she lelt town
and soon the report came to me that
Mrs. K. had abandoned her children.
As soon as I heard of it I paid a visit to
the house where the children were left
and found them iu charge of a lady by
the name- of Mrs. Johnson, who in
formed me that as I was a friend to the
family I must do something for those
children, as she believed Mrs.'K. intend
ed to abandon them. I prevailed upon
her to keep them longer, hoping that
Mrs. K. might return, promising to send
provisions for them. She promised to
keep them till Monday when I made
another visit. At this visit Mrs. John
son threw the children at my feet, tell
ing me she would no longer keep them.
With no - other alternative I brought
them to Judge Bunting,-who duly and
legally bound them to me. The mother
came ; back one week afterwards and
claimed her children. I could net as a
minister yield these poor little innocents
to a drunken sot Of a mother, and my
intention was to keep them not only for
tbtir spiritual good, but with a hope of
reforming their-wayward parents.
Father McNamara was cross-ques
tioned, at considerable length by Maior
Lewis,ot counsel for the plaintirf,but the
evidence was not changed from that
stated above.
The Court adjourned till Tuesday
morning at 9 o'clock.
CASE CONTINUED.
Pursuant to adjournment, His Honor
Judge Watts continued in Chambers
yesterday morning to bear the
case of Father McNamara and Kerrigan.
i'he counsel continued the examina
tion ot witnesses for the defence.
John Ross being called, certified that
he resided on the same lot with theKe.r
rigans. He had lull opportunities of
knowing their general character. He
had seen, Mrs. Kerrigan brought home
drunk. He had seen her drunk often
saw her carried home drunk. He
thought at the time she left that she had
abandoned her children. The condition
ot the children durinng the absence ol
the mother was such es had been repre
sented by Father McNamara He did
not think the furniture in the house
would bring $1.50.
Cross-questioned His business was a
brick-layer
and a plasterer. He had
been a regular U. S. soldier, his time
having been served out. He had lived
on the lot three months. Had seen Mrs,
Kerrigan drunk a large number of times,
Mrs. JNancey Johnson called, and
testified that she lived near the house
occupied by the Kerrigans. Mrs. Kei-
rigan did not take care of her children;
did not wash or clothe them. She drank
constantly when she bad money. The
witness had seen her drunk and down.
Saw her brought home drunk. Witness
did not know much about Mr. K? rrigan,
had seen but little of him, but thought
he had sent home enough money to take
care of his family. '
Cross questioned Her business was
sewing ; she was not a fortune teller; she
saw Mrs. Kerrigan when she fell out of
the ivagon at her door while drunk; she
did not know thaMr. Kerrigan- sent
money heme, but had heard Mrs. Kerri
gan say so; Mrs. Kerrigan spent money
every day for liquor. The cross ques
tioning continued at some length, elicit
ing only the fact that the witness be
lieved that Mrs. Kerrigan did not take
care ot her children,but spent her money
in liquor. j : v
Miss Betsy Johnson called and sworn,
testified that she was employed by Mrs.!
Kerrigau to take care of her children,
while she wa3 absent to see her husband ;
the youngest child was sick when she!
took charge ot" it; the house was1
in the worst condition of any
she had -ever seen - she remained' with
the children as lorg as she could; she
told Father, McNamara that she could
not continue to take care of the chil
dren, when he took them and carried
them away ; the cniidrien were in a most
filthy condition; she had seen Mrs. Ker
rigan drunk often; had heard her curse ;
she had heard the baby curse.
Cross questioned. Witness had never!
married. Had' bne child. : Any ohe!
could have observed the condition of the!
house. She thought at first Mrs. Ker-j
rigan would return. ; Did not know Mr.
Kerrigan sent his wife any money, -but!
heard her say so. Mrs. Kerrigan left
provisions ior her ; children, had :not,
been entirely exhausted when she relin-j
quished them to Father McNamara.
The witness was only employed to take
care of the children two j days. Mrs.
Kerrigan remained away nearly two
weeks.
George Pugh, col., sworn, and testi
fied: He had known witness for some
three months. Had been to Mrs. Ker
rigan's house often. Had seen her
drunk probably twenty times, and half
drunk as many more times. He was
intimate at her house, aad she was
often at his house. She spent her
money in drinking, and witness' wife
had to take care oi her children.
Cross-examined. Mrs. Kerrigan had
always provisions enough, but did not
serve it to her children. She did not
remain at home much of her time.
Louisa Williams, col., sworn and tes
tilled. She had seen both Mr. Kerri
gan and his wife drunk, but thought
Mrs. Kerrigan was a hard-working wo-.
man.
Annie Pugh sworn and testified :
She knew the parties ; Mrs. Kerrigan
told her she drank on account of trou-,
ble ; she had seen her drunk often ; wit
ness sometimes cooked provisions' tor
Mrs. Kerrigan's children through sym
pathy lor them.
Mr. Barbee sworn and testified : lie
lived in a portion of the house occupied
by Father McNamara ; the Father had
obtained the consent of witness' wife to
assist him in taking care of the children
if he could not obtain the services of
mis. juiiuiLuu , unuren were
not in a good condition when brought
to his house ; that the condition of the
children now was as good as moderate
circumstances could afford.
The counsel for the defence being
through with their witnesses, the coun
sel for the plaintiffs called
Stephen Jordon, who testified that he
often worked for the Kerrigan's, cut
wood and made fires ; he had always
seen plenty of provisions there, and had
seen nothing improper in the character
of Mrs. Kerrigan.
Crossquestioned He had never seen
Mrs. Kerrigan drunk that he knew of.
He had seen her drink beer and wine,
but nothing else. -
Mr. Homan testified that he did not
order Mrs. Kerrigan out of his house.
She had bought many provisions at his
house, a sufficient quantity to support
her family. He had heard oi no com
plaint concerning the children sunermg
lor want of food.
Cross-questioned He did not tell
Father McNamara last Saturday that
Mrs. Kerrigan had been drunk in his
house.
Mr. Mills testified that the character
ol Mrs. and M133 Johnson was not good
n the neighborheod where they lived ;
that they had been proven to be liars.
Father McNamara recalled, stated
that he had a conversation last Satur
day with Mr. Homan. The latter then
told him that he knew that Mrs. Kerri
gan was in the habit of getting drunk ;
that she had been drunk in bis house.
Here the testimony closed and the
yourt adjourned until three o'clock to
lear the argument of the counsel.
CONCLUSION OF THE CASE.
At 3:30 o'clock, the argument on be
half of the Plaintiffs, Kerrigan and wile
was opened by Hon, Sion H. Rogers,
who spoke about twenty minutes, lie
contended that the indentures Wf-re
void because the Probate Judge had is
sued no summons in the case and given
no notice to the parents, or the relatives
and friends ot the children as the law
required that a fraud had been prac
ticed in not acquainting the Probate
Judge with the lacts of the cause and
that even if the children were tit sub
jects to be bound, out that Father Mc
Namara was not the .proper peraon to
take charge of them; Col. Rogers ad
Verted to the testimony of the witnes
ses which established beyond a doubt
that the Plaintiffs had not abandoned
their children that they were abund
antly able to take care of them, and
dwelt in eloquent and impressive . lan
guage on the tender ties existing be
tween parents and children, and the
great wrong and injustice that would
be done if those ties should be severed,
for light and trivial causes.
Hon. T. C. Fuller replied at length
to Col. Rogers. He described in vivid
language the squalid poverty and
wretchedness in which the plaintiffs
were living, and pictured the sad
spectacle of a woman who had be
come a blasphemous, degraded, drunk
en sot. He said that all the labor of
this trial was well spent it it could
serve to show the responsibilities rest
ing upon parents to take care ot their
own offspring. Col. Fuller said that
in this whole transaction his client was
influenced by holy and christian mo
tives, and wa perfectly willing that
the letters of indenture should be can
celled; but he asked in the name of his
client, in the name ot the law, and Tn
the name of humanity that the children
be placed under the protection of softie'
person competent to provide for their
moral and physical wants, -which their
parents had shown they were either un
willing or unable to do." Col. Fuller
spoke for sometime In a most eloquent
manner, and enchained, the attention ot
the large crowd throughout the whole
of his remarks. He made a decided
impression upon all by1 Iiis'fine oratori
cal powers'and stirring appeals
Col. Fuller read from the Code to
show that notice by the Probate Judge
was not necessary : that it was lelt to!
his" discretion, &C.1 1 He vindicated
Father McNamara'a motives, and con-j
tended that his course in the whole!
proceedings was "marked by the most
humane and noble motives.
. John GatlingJEsq., followed Col. Ful-'
ler for the. defendant.. He spoked at
length of the acts of kindness and
charity of Roman' Catholic Priests in
every quarter of the globe, and gavedej
tailed instances of their efforts in behalf
of suffering humanity. Paren tab. ties,
firesides joys, the devotion of a' lnother;
for her children, the example'a&tf 'influ
ence of the-mother .were depicted - in
forcible language and then the' associ-i
ations of the plaintiffs with the scum off
sertion of their children were! welt on
in fully showing " their"" degradation,
shamelessness and povefty.and their
utter unfitness to perform th, duties of
parents. He implored his Hono not to
return the unfortunate children to iheif
unnatural and wretched parents. t j
Major A. M. Lewis closed the argu
ment in behalf of the plaintiff.; The
Major made an ablej and characteristic
speech revif-ng all the facts and the
law bearing m the case, contended that;
the letters were illegal,as notice hact not!
not been given, which the Supreme
Court had decided indispensable
showed that the law of apprenticeship
did not apply where both the parents
were living and had hdnorable. employ
ment that the evidence showed no'
purpose of abandonment that the pa
rents weie abundantly able to take care
of the children that Father McNama-;
ra had exhibited undue haste in the
matter that if he honestly thought
the children were abandoned, when the
parents returned he ought immediately
to have surrendered the children, and
that there was no law in North Caroli
na which justified the binding of chil
dren who had parents living except in
case of desertion. Maj. Lewis was quite
severe on Father, McNamara, and be
made a powerful appeal to the Court to
return the children to their lawful and
natural protectors, from whom they had
been taken in defiance of the law and
justice and humanity. '
The Judge then at considerable
length delivered a lecture to the
parents, complimented Father Mc for
his zeal in the cause ot charity and 'suf
fering humarntv. fjid.irionnniiiciQ- -ms
decision tnat the indentures be can
celled, and that the children be remand
ed to their parents.
This decision was greeted with great
applause, which continued at intervals
for several seconds. We have give
considerable space to the trial, as the
case has elicited marked public interest.
W e omitted to state that bv permission
of his Honor, Sheriff Lee was permitted
to make a statement in vindication of
his conduct in the matter, from which
appeared that Father Mc took the
children with the understanding that he
would deliver them up if the parents
returned his object being to reform the
habits of the plaintiffs.
Radical Nominating Convention.
Yesterday the Rads of Wake county
held a nominating Convention in the
Court House to put forward a candidate
to fill a vacancy in the delegation from
this county in the House of Kepresen
tatives, occasioned by the resignation of
R. C. Badger, Esq. The body was as
boisterous and disorderly as Radical
gatherings usually are. Some ten or
twelve ot the sixteen country townsnips
were represented. . .
The prominent candidates for the
nomination were T. M. Argo, late Dem
ocratic representative from Orange
county, M. V'B. Gilbert, late of Curri
tuck county, and Isaiah King of House's
CreeK Township, Wake county. After
four ballots Mr. Gilbert was. declared
nominated. f
Stewart Ellison, col., presided over
the Convention,and C. D. Upchurch, late
of the Revenue service, acted as Secre
tary. Mr. Gilbert came forward and accept
ed the nomination. He disclaimed any
oratorical accomplishments and con
tented himself with merely thanking
the Convention for the honor conferred,
naively saying that it was the "happiest
hour of his life," fcc. -
Tim Lee was on hand, and of course
took a big hand in
chine.
running tne ma-
Supkeme Court. Yesterday Court
met at the usual hour. Chief Justice
Pearson and Associate Justice Boyden
still absent op account of sickness. The
following cases from the 9th District
were argued : '
J. Froneberger, administrator vs J. G.
Lewis, administrator et al., from Gaston.
Busbee & Busbee and J. II. Wilson for
plaintiff ancW. P. Bynum for defen
dants., George L. Gibson, administration vs
Mary E. Pitt et al, from Cabarrus. W.
II. Bailey for plaintiff; no counsel for
defendants.
W. T.Peters vs William Smith etal,
from Mecklenburg.. W. M Shipp tor
plaintiff and Dowd for defendant.
At the conclusion of the argument of
the last case the Court adjourned to
meet this morning at 9 o'clock.
State of the Thermometer. The
Thermometer yesterday was as follows
at Branson s Book Store :
At 9 a.m.. . ..... . .80
At 12 m 83
At 3 p. m ......... . ..90
At 6 rr. m ....92
SPECIAL CITY ITEMS.
Lost. On Monday evening a memoran
dam book containing a number or ap
proved County Orders to the amount of
about $00, besides other valuable I aperr.
The finder will ileae have the book at
ihisorhce.
june 25-D3t Auuxh Raynek.
Wake Forest Commencement.
' . Special to the JJally, Nes. ; ..
. Wajke Foeest College, June 24
The Trustees met- to-daj ajtlp'clock,
Prof. Brooks- inObe ChaiAnunusual
Urge attendance ofuthei.XwstOvSi were
present. The- metftrag opened with
prayer by Dr. F. -M. 'Jordan,-f Hil la
bor. ,U. f ' . -;.mI iilJIlD l(jii-.,3:i'.l
' President Wingate's report was rea,
which was very satisfactory, andshow
fd the institution to be in ..very 5 fldur
isbing conditirjDiHiThe Bursar's xepdrt
was also made and &dopted.uiJiiJM.i,,in
Hon:-A S; Merrimon, of RaleibVwiIl
deliver 'the Annual Literary Address
to-morrow immediately after the1arrival
of the Raleigh and Gaston Railroad
train. ' 1 The. Alumni 'will be j addressed
itO-nightby Dr.i Folk, i distinguished
lawyer from Teabesfee,. who graduated
in President Wingate's classl Rey. Dx.
Hatcher; of Petersburg, wilt preach' the
annual sermon to-morrow nigfrtiti
Cato
.1 ; ii
r
, .NOON;PISPAT;CH2Sk ,
,-il
New York; June '24.a -Marshal MaT-j
zel has the warrants for ' the-' arrest ofl
members of the ring .undertheij recent)
indictments.,,. They will probably.(4be!
served to-day. ' .' " 1 :i " J
l! The Jauaita sails to-day in' Search 'Bfl
tne PoiariB with-abundant coal and pro
visionsVM-j t'.-iil'Ur. iu UJaabq
i. iThe. Board of Health is taking every
precaution against the t cholera- Resi-:
dents of damp cellars are i;omfelleci"to!
Vacate. ;-'"-1"-' " J":uH ! iiHtq tJi J
At a special meeting of .theA-ssocia-
tion Dounarnmmar arrtltalian society,;
last evening, resolutions -were pasted
calling upon the government to stop
tne inhuman traffic m ltalian.children. j
The other Italian socjetfes are expected
to unite in this calf upon the govern-:
ment. - . ' ' ' -' ' ' -; i:! - ,
, The Tort St. Phillip Canal
Washington, June 24. Senator West
to-day called upon General Humphreys,
Chief of Engineers; and ascertained that
that the Chief .Engineer! is ..favorably
impressed with the, report of. Major
Howell on the " Fort St. Philip Canal,"
It being a matter of such 'magnitude,
however, the project will be Submitted;
to a Uoard of Engineers .lor their opin
ion. . A final report from,. Gen.-Huuy
phreys may be looked for when Congress
convenes! ' 1 - 1 ! ; 'r - !!
Commencement ,pf the ; Walworth
New, York, June1 .24. The,, Wal
worth murder trial opened this morn
ing. The Court wascrowdedVu,Young
Walworth's mother and 'twtf 9bfi'bis
younger brothers- sat: . near Aim, also
Rev. M. Bockhouse, Presbytefian Min
ister and the husband ! of Mrl Wal
worth's, sister; Several 'friends 'of the
family were also in ' the Court room'.
The work; of getting', a jury bas been
commenced. . ;
- , ",r-- ' i. . l.i v ' t,i -A
Large Loss of Tobacco bTFire.
' Cincinnati; June '24;-T he 'tobacco
warehouse of Doctor E.'R.W. Thoma,
in the southern suburbs- of Covington,
Ky., containing 200,000 pounds "of to
bacco loose and in hogsheads, " was
burned, early this morning. The tobac;
co was valued at about $80,000 and was
insured for $40,000 in mostly local corn
panies. The building was valued at
$12,000 and uninsured. ! ' '; i!
: . ... : ' ' m . . . .'. i .' 'if- ''.
, Cholera in Evansville".' 5 , :UJ1,
Evansville, Ind., June 24th. .The
report of the health officers show. that.
thirteen cases of cholera have 'occurred 1
in this city since the disease 'first 'appear
ed two weeks 'ago, . InYestigatibn shows;
there have been several deafhs ( out of
the above number. ' , '"-i- ' ',,".
... , Chp!era
There were 37 deaths in Nashville
yesterday, whereof 29 were colored. .
In Cincinnati there were 5 deaths re
ported at the Health office. , ;4" ' ; :i-
In Memphis the disease is-' disappear
ing. , - . .. .; ; . : ...V
In Wheeling there was one death. .
The Louisiana GnbernatoriAI Case.
New Orleans, Jnne 24.--Tbe jury
in the alleged attempt to . vacate, the
Louisiana gubernatorial chair consists
of 2vwbites and 10 blacks. Kellogg
himself is on the witness starid. ' . ,
WIDN1CI1T DISPATCHES.
Foreign News. ' '
M ADKiD.'June 24. The. War Depart
ment has advices ot the deleft . oy: ne-
publican tro?p3 of the united bands of
the Carlist leaders, EliovDorregaray and
OIloV The insurgents lost 60 killed and
300 wounded.
It is officially announced ; this morn
iug that the Republicap troops in the,
North, under General Nouvillas, defeat
ed a Carlist force on Friday last, inflict
ing severe loss. , -s
Barcelona, June aith.-l here are
serious disturbances in Barcelonetta, in
the suburbs of this city. -Yesterday
some men of the gairison,- numbering
25 or 30, being diunkin the streets, in
tetlerrea witn towns-peopie, occasion
ing a cor.fliet in' which weapons'were
drawn on either, side. Some drunken
soldiers were arrested, snd their com
rades threatened to rescue them 'and
further violating the peace. ' v
Financial. : "' -i '- ,
New York, June 24 Stocks .very
dull. Government bonds which keeps
pace with gold are higher to-day with
market, dull. The ' only sales of
Southern bonds at the board was $20,
000 worth of new, Tennessces. The
Stock market h -on tkewhole been
barely steady with prices ; lowr than
yesterday and with transactions on a
restricted scale. There has been more
doing mi Union Pacific, Telegraph, Pa
cific 'Mail and Ohio than in the remain
der of the list.
'Estimate iof tfee CotUra Ctfi-ppn
j: Washington, .,. Jane WTweh
months ago an increapeerjhe.prpyi.-j
ous yeaij in tbo cotton acreage was re
ported' i4rfy;"mate''Ah'ihfeae
over that of last year t: how Veporte'dn1
every Sute. The Jper ccutagB of tncresBet
in a State, as .founds by,. ,disiding.t,th
aggregate of increase jn tbej counties by
the number reported'.Ts', as a rule,' too
high,Jbec?a1irl3e sfmosli'atvftfys the largest5
per centuo -inrease.'iArUki.be ron .
9feaseyt, repkoued in , t!sat , rough
way of estimatihg,tnricfeaSe indicated
Is ' id ,:Virglfaia tpi terJtpNortri
Carolina and Georgia 14 jSoathiOroli- "
na 2 ; Florida ;ia Alabaat 4 9 jtfisaia
.ajLppi and Louisiana 4 ;. Texas 31 : . ."Ac,
kansas ip tennessee '5. nis maltes
the acreagri,fnerekiea,'fn',1'th "'cotton'
States reckoned iin-theJs&me wayseirly
12? per oentyiTtor petijeent, laincreaao
reported JLa year was in JStorth. Caroli
na and Arkansas 16( Bouth'Carbirha
"Oe'dfa ntfJTehneise4?lorrd 'anct
Wlesiisippi 10 Alabuia'add Xpuisina
11; Texas 18, and.tiiei.yeragja4tho.ngh".
PfA ti0?"?.??, aj) nroximating. 1 3
percent. It.wifl 'b'. noticed that in
both5 yekrs Tex'aa kaWtfid1 largest rtl
ative idcreaaajnOce repbrtiiindicalles ta
pievalen r, increase ?ia -;hei relativa
amoun.li offertilizers used. ! The acreage
culfivateiJ 'will alt cotis1derablr-'t)eIoW
th at plan ted. 0 yA cold waVd! sprf nt
causing irauch seed torot in the ground,
A:veryyvet Lay preyentmg'.wprk.an
increasing the. a ubsequent .demand for
it;" and'the ' lmpossibifltV 6f bbtaih;r
Ingsnffieient MarjttfwsubdaeofTelf
the tijuwhole t' .'breadthi!i u - sown
the ecpssiva ..weeds r and, grass , :con-
tablewUi Returns' couch1 in hc!dg" Jthe
crop from 2-to 3.weeka latei;. than uinal.
Fiprida. reports janiayerageconfliMoiJ ol
a per, cent, 'above the'jaunuat " aferage,
'All the others f-alllierokyinia ind
Alabariia T'per centj Noith1 Carolina 15t
.South Carolina. 12 ; Georgia AnduiLouiaf
lana, 6; AUssissippi and . Arkansas ,p;
Texas 14 ; Tennessee 10.. But it will
sen lrdhi the'4iya'6tsJ1toV'ibat' very
generally the" Treather.in the last 'days of
May was favorable,ahd that was a hope
iluVprospept jthat tbei.condtipftwpuld
rapidly ipproye.;. Another part of .this
report Will show "thaV 'worms an'd' cater
pillars have made an' ''early
appearance at various, poi nts, : -and iara
causing . cousiderabje apprehension j,ot
destructiye ravages. , Virginia! froni
which "four fcouhties"re)6i-ted 'the" cul
ture! bf'cotftod'flasyearieplreseight
thisyraudanniocnsa'Of-aoreiigariiio all
except.acX Cbesterfiel.&ndiKing
William, in which it is unchanged.
- : Tire' statistical Veturhs bf ridrn;'comi '
pleted to Jtftfe flrsti doejrnOt irictude'the
area andoconditioiij for the relurn.is too
early, butit,he foot-notes of..corresppn-
much i retarded1 by-excessively1 -'wet'attd
cold weather, aojd that the pesta .which
usually thrive (sach,.sea80B,t.be!cut
worms have commenced extensive tope
raibnaii'd threaten to greAtli'daifaage
the crrjp:-; - l 1, .:'.. : . i.
general lniemgence.
' : ' W"Asri:iNG;r6N!, 3 vine 24.hah oe'r
s4a will not visit Amenca.-'iJIJ Lv''
NwionaLbanks.are required to report
their (Cpnditionon.Jtl)e 13tivof July t f
. Cqlumbus, OHio,;June ' 24 In the
case of the'exclUsiotf 6f the "BiBle'troni
schools rtf 4tntonattVtb Sume Cdrirt
ioxlay dcided that school boards had a
right. to pa8:a resolutipU i exclude
b bitty
cisions in --the exercise ot the power.
Vplhir . Trnhn Ttili tiani -.
Washington, . June... 24-Fpr the
South Atfanticsia'teVgentle' khd fresh
winds mostly ffhm ' the 'southeast' and
, soutn.westiJirtlyi cioudyi weather: and'..
occa9iQflat!rain-area nu kH tuii 4Jl
a ':. i Ch0l'crRIh frasWrklitit" ilvh
...Nasuwllje. June: 24. Therattere 2St
deaths yrsterdayf including 1 ; whites,
lhe pe)i)lc Hre more hopeful, and bqsi
ncss's Improving. - - .
-i ." j o -
. : CU iU ttt KKC1 A It O. I5POKT' i i
It;
a'
iicn . a v. . m. nan ml. .
. ;Nbw v'YoiB.K, Jnne 24. atton dull.: Bales'
1,051 bales. Midlines 21., t , . , ,,- ,
Flour acttver-'and unc1angea.CJ-WhfAkey
a pbade easier, fair business W9'l. Wheat ,
unchanged. Corn active, quite nrm. Pork
activer, decldedJy loweUuew tX94' 'J&rl
weaker. iMavals qniet. Tallow quiet
Freights ieady." ii ' ': ! ' "' '
Alouey steady and hardening: 45. Sterl,-,
in WWi- OoW-l.al. ' Government i
dull and steady. .States very q let. it . .
. : .. .(.Fofeig-ft'.fllarlieta.- M m .--'T,d
Loxik-, June. 24. Consols
Evening-shbrt ribs 35 and (f. " ' '' '
Pasis, Jnne 24-Nooa. Rentes 56 and 22.' i
Liverpool, June 24 No-n. Cottou open
ed quiet snd steady. Uplands 8 ; Orleans
; ; ; ' ' : ! "-r ""' '.i . -ti 4..iS
Later Cot ton quiet and steady ; skies 10,-
fm ; specuMiioltt ind expwt, Z.WJ0. Havau- i
uah and (. harjemou, juiy anu aukuoi
delivny S. Ureadstutts steady.-' Ked
wheat 12 aud i to jS. . t Cumberlaud , put V"7
and rt.
Even Log Kavannatt and ! Charleston,
Jane delivery 8 ; July nd August the t
same, fis me delivery not belo-jr low mid--dlings
8 VI 10. . 8als of American ,u0.
Yurns faljq-ics dull; not lower.'-' ' .
1 lif Wilmington' Mnrketsi fA !
' WiLminoton. N. C..' June 24.-plrMs 1nr: I
pentine quiet iVA, Ilosin quiet at 42JJ0 fur
strained ; ii.forextni pale; 15.00 for wu
dow glttH. i - i --., 1 j"
Crude turpentine steady at 52 00 for bard;
3.(X)for yeilow dip Jid virgin, , ,J r ; t
Twr wai ket steady at 3.00. , "
. UalUmore ,JJIarket.y, : ,r . ;
Waltimokk, Jaa'"2-Flanr tioll'and
hVavy, .tci s aufctainged.IWitatqnit nl ,'
steady; Corn firm except yellow and wtdte,
72a75; yellow 61; mixed western BOhOh.
Oats firm ; Southern 4050. - Provision dull .
and weak. Pork, iriess $17; ohers un
changed. WUiskejr W,; stock light, UKr -unchanged.
. : , .
Cotton .Markets. , ,
CtAutifcSTok Jnne Zl. Cotton quiet; mid- '
dllnis jlisiSril-Jow roWUlings lal8.t i -!
' WuminG!0.. J.ilCoUoiv,, quiet ;
middlings 19. " ' ,
Mobix-c. June Ct-aCotton quiet, Uady ; r
good ordinary 16., .. . . . t ..... - ' , '
BiLTtsioBt:, June 21. Cotton quiet; mid
dling, -s - ; -"- ..
Norfolk. June 21r-Cotton. quiet , j , Jow
middlings '
Nffiw Out.KAN, June 2I.-"pttonde,
mand lUlit: ordinary 13; good ordlpsry t
J"iow Middlings 17at7; mlddHng .
Boston, June. 2l.-rtttton steady tmid
dl ng 21. , . i . , '
! vV!Ai, Jnne 21. Cotton qnlet; mid
dling :
not only the Bible and singing, bat any
religious questionsand the -'Court "has
tt interfere their dei