THE WEEKLY EKA.
i
4
Parallel between the cases ofDun
Hp and Baker is a. failure, and its
. a. f t r .-
attemP1 10 oil ujj siniR Him preju
dice bylits partisan teatment of the
matter, and its malicious abuse of
the Courts is something worse.
The lugging in of the case of a
wMte man from Johnston for the
murder of a colored man, the fact of
his prosecution by the Chairman
of the Democratic Executive Com
mittee, and his convictien by a
mixed jury of white and colored
men, serves no other purpose than
to show mane is tne studied aeter- """u1'1 nave neipeu. iov let us
ruination of the Democratic leaders ta.ke the lesson home. The poor or
and presses to prejudice justice with' Phans of our State are not protected
a partisan caste: and to make the
Judiciary of North Carolina the
slave and plaything of politics ; the
foot-ball of unscrupulous politician?,
such as exclusively and invariably
abound in all the Democratic party,
As has before been seated, Dun-
lap killed his man in self-defence,
ifhftkillpd himatatL havino-hpen
notified by Gleason, the deceased,
that, if he came to the Mayor's
rvmrfc he. Olpasnn. shnnlrt kill him
v. offorvfi r,
and he attempted to carry out his
threat in the presence of the May-
or, and would have killed Dunlap,
had Gleason not been killed him
self. Under the laws of the United
States, the prisoner Dunlap appeal
ed his case to the Federal Courts.
The opinion transferring the case jU(jge Dick, of the District Court
to the United States Courts, was of the United Spates for the West
delivered and admirably sustained era District of North Carolina, has
Km tn Thief Tnstice all the Asso- Just decided that where the home
Dytneumei justice, an me asso- j. , un. w niv lairi nffanrl ni.
ciates but Judge Hodman assent-
iner. See Iforth Carolina Iteports.
Volume LXV, page 491.
uu by uiw -"Cir,c
"uumap couiu do irieu again, m
"Supreme Courts of North Carolina,
in an nnininn. to sav the least of it.
"which startled the profession de-
"cidea that ne couia remove nis
41 case to the Circuit Court of the
"United States. Thus was the
"Courtswift to yield up thesov-
" ereignty of the State, in part com-
, " mitted to their hands, to the ever
pnprnhinff Federal power."
mzi:
opinion, m so many wurua, mut,
Dunlap, it ever tried, win De ac-
nuitted.
Trying to draw a parallel between
the case of the convicted prisoner
irom jonnston, ana .uumap, me
utetcs recites, that, "while the white
TniiT,ttfnn i irnnPflVnhft
..,,1 Vn tio oootofa in r-
D1,uum -"p "
"licmg theuourt House square ana
" other like duties."
Let it be remembered that Dun-f
lap is not under sentence of death.
Aiso, mac, no ima uwii tuuuucu i
jail for nearly six years, and hu
manity and the laws of health de
mand some accommodation in the
prison discipline over him. The
Sheriff has him in custody. If he
oofrtif thaf. nnninn ia nrnnprlv
. , . u ception practiced on the Court, and
guarded, there is every reason why P Jaw mrnisheg adequate and am-
the prisoner should be relieved pje remedies in such matters.
from the tedium of his long solitary Mere excess of value In the allot-
confinement'by sucfi out-door exer- men of homestead is not fraud
... ... and to successfully impeach such
"policing the Court House square proceedings it must be shown that
and other like duties." the debtor by some fraudulent rep-
The JVars closes with a grand resentation of deception, or by com-
pexoratien. and an appeal to the XilnfS;
prejudices of the white people of vameof an estate is a question of
the State as against the negroes, in feCt generally depending upon cir-
the approaching election for judi- cumstances which are. apparent to
cial officers, which starts thesuspi- the pubUcand an excive valua-
donthatthearticleiothewas SWd
suggested, if not written by a jvell in' this case the allotment of the
Known aspirant in this city for the homestead under the State law is
place of Solicitor In this Judicial Sg-nSSSSySS
District; a very poor use, it Is sub- designated and set apart by him in
mitted, for tho New to make of its the certificate of exempted proper
columns, considering Its pretensions ty.
to a great State paper guided by TlleKc?sfci9f th,es P"lnJp
uuuuiui kj v-oj M4v j muimwi 1
ness.
As to Baker, now under sentence
at Charlotte, he has been respited
by the Governor. The murder he
committed was reckless, but not
with malice prepense. If the Gov-
ernor can conscientiously commute
his punishment to imprisonment
for life, the Era, will approve, sus-
tain, and rejoice at his action.
Fatal Shooting. On the eve-
ningofthe24th ult.;a man named
Hare was shot and killed,. Dy' a
youth named Shelton, oon of Cap-
tain John Shelton, of MadlsOn cour
ty.f The aflair occured at, an Illicit
distillery on LaureL-r Pioneer (
Marshal Bazaine.
'A great man has fallen in France.
He has been condemned to desrra-
"anon and seclusion. Once he held
me late of .Empires in his hands.
When Maximriian, then Emperor
01 Mexico,-refused to cede Sonoro to
ranee, Bazaine for-sook him and
sunerea mm to be shot. Then
France herself trusted hinV and
- . .
was betrayed. Now a merited ret
ribution has overtaken him, Ba-
zaine abandoned those whom he
y Iaw ? and if the laws were in
thir favor, they could not employ
lawyers, nor issue writs without
them. We permit the wicked to op-'
Press them. There is One who will
hear their cry and whose arm can
J?x a similar fate on those who now
refuse to help them. Let us take
warning, A prosperous farmer
died and unsuspected debts swept
away h is property. The adminis-
trators divided out the children
among those who wanted servants,
wm fhese children love the land
whose laws thev cannot learn to
read? Reader put yourself in the
orphan's place and answer.
J. H. "Mills.
Important Decision in Bank
ruptcy
lotted under our state IawSt and no
fraudjcomplicity or other lrregular-
ity Sshown, the Bankrupt Courts-
will not order a reassessment for
more excess of value. Jud-e Dick
concludes:
44 The evident intent of Congress
in passiner the amendatory Acts
hMd
tf laws existing in a State when
questions affecting such legal rights
are to be considered and determined
ft?
m thig case wag ailotted and its val-
ue ascertained and fixed in the man-
ner prescribed by State laws upon
such subjects. Those laws furnish-
the excepting creditors a plain
an(j direcl of preceding" tot
setting aside the allotment of the
homestead estate for excess o'value.
As they had an opportunity for
their 5ghts, they cannot avoid the
consequence of their laches by re-
sorting to a different forum. The
Courts of the United States usually
recognize and observe the rights of
partiesas ascertained. and adjudi ca-
ted jn the tribunals of the State
where such Federal Courls are
held. Where fraud, complicity, , ir-
proper spial proceedings,
tne allotment tor homestead may
be set aside in the State Courts, and
in such cases similar relief will be
furnished a- Court of Bankruptcy.
Fraud vitiates the most solemn
judicial proceedings, and a judg
ment or decree if clearly lmpeacha-
ble on the ground of fraud and de
jjig creditors.
Death op a Prominent Cttj
zen. We regret to learn of the
death of Joseph Keener, Esq.,
which occurred at his residence in
Jackson County, Sunday night last.
Mr. Keener was well known to the
rle of Western North Carolina.
having served several terms in both
houses of the .General Assembly of
fSffl
ous hospitality were remarkable
features of his. and all who knew
iJ!?
Ir?011.1? mtaun1
we tender pur lyartnest sympa-
thies .tohis bived -(rieinidsd
family in1 this the tltife Of , their sad
bereavement Pioneers
Coxitributions to the Orphan
Asylum, for December, 1873.
in cash. f
Paid $1000, annual contribution of
Urand Lodge.
$123 40, collection in Grand Lodge.
50, collected by Mrs. Z. 13.
Vance.
50 25, Wilson Thespian Club.
50 00, Fulton Lodge, No. 99.
36 00, collection by Mis3 Bella
Rowland and Mr3. J. N. Dick.
28 OO.LaurenburgLodeNo. 305.
26 15, collection by Kev. E. H.
Harding.
25 50, collection by Miss Sophia
cartridge. .
00 each, Black liock Lodge.
No. 135, Mrs. C. P. Spencer's collec
tion at Chapel Hill and Bt. Rev.
Thomas Atkinson, D. D.
20 00 each, Jerusalem-Lodge, No.
95, and Young Ladies of Jackson.
19 0o, Carraway Council, F. of T.
16 25, W. G. Hill Lodge, No. 218.
15 00; citizens of Newbern.
10 00 each, Falling Creek Lodge.
No. 325, Walter Bullock, Jonesboro
Grange, Hunting Creek Lodge. No.
299, and King Solomon Lodge, No,
138.
Paid $5, Senators : J. M. Worth,
W. C. Troy, J. G. Scott, J. H. Mer-
rimon, J. m. ijuager, a. i. jonn
ston, W. P. Welch, R. T. Long, W.
J. Murray, W; II. A vera, Jno. C.
Barnhardt, JS. Ransom, Jacob Mc
Cotter, Martin Walker, B. Smith,
T. A. Nicholson, A. C. Cowles, W.
W. Flemming, A. McCabe, J. W.
Cunningham, J. W. Ellis, J. Turner
Morehead, W. J. T. Miller, W. K.
Davis, J. L. Chamberlain, J. W.
Norwood, J. V. Dunham, J. H.
Harris, Sanders, G. L, HOlo-
man, G. N. Hill. f
Members op the house" op
Representatives: W.A. Stowe,
J. W. Gidney, J. W. Shackelford,
W. H. Wheeler, J. R. Grady, WI
M. Wiley, Silas Webb, V. V. Rich
ardson, M. T. Waddill, John. E.
Brown. A. Costnnr, J. vv. Gilmer.
J. G. Marler, J. L. Robinson, A. C.
Bryan, M. McGehee, J.R.Maxwell,
S. W. Reid, Jesse Hmnant, John
Shaw, J. E. Lindsey, J. C. Rhodes,
A. M. Bryan, fride Jones, Jesse
Gant, C. L. Turner, John Patrick,
Joseph Cobb, EU Whisnant, G. W.
Cox, J. W. Bean.
5 00 each, A friend, nr. Sara. A.
Williams, Rev. C E. Taylor, ,Hon.
W. H. Battle, Gov. Tod R. Cald
well, J. G. Jones ana Mrs. JVl. M.
Jones, W. M. Nelson, J.C.Blake,
H. Mahler.
4 50, Beaver Dam Lodge, No. 276.
3 00, Isaac (Ettinger. . ,
2 00 each, P. H. Duffy, Rev; S. W.
WeScottJfMrMorns Rosenfcaum,
W. J. Yates, A. H. A. Williams,
and R. S. Barnett.
1 00 each, Rev. B.i B. Culbreth,
Mrs. R. G. Lewis, Cornelia McGil-
vary, of Siani, Mrs. D. M. Sprague,
W. M. Mills, JNat. l?ederlin, Jttev.
J. C. Hartsell, G.Rosenthal and Mr.
Betts.
75 cents, BarbeeV. Hotel.
Miss K. Sanders.
50
M. I. Jordan.
IN KIND.
1 Valuable box each, froui Citi
zens of Salisbury, of Hillsboro', of
Henderson Co., Of Enfield, ofLouis
bursr. of Chapel Hill, Ladies Sewing
Society of the First Baptist Church
of Wilmington, Mrs. J. Karrer and
Daughter, Misses Nash's School,
Mrs. Jfl. JN. Grant, Mrs. r. uicit
and A. D. Boyster arid Bro.
3 Valuable boxes, irom ur. w. u
Hill. Mr. J. JNichols and other
friends in Baleigh. : i..
3 Valuable boxes and 2 barrels or
apples irom Colonef K. M. Murchi-
n, oi JNew xorK.
2 Valuable boxes from Citizens of
Newbern. !
Clothinsr. J. M. Boson baum. Mrs.
John Williams, Mrs. L. G. Crawford
Mrs Jii. wrani, iuiss r aume ajowis,
Mrs. S. F. Gordon, Mrs, M.H. Wil-
liamc Afiaa A Itm i "!nrtnrJ A Friend
Miss C. Wilson, Mrsj A. W. Vena-
ble and Mrs. E. M. Grandy .
Bed clothing. Mrs. Juicy Mea
dows, Mrs. S. A. Morse. Miss E.
Meadows. Miss Alice Cooper, Mrs.
J. P. Adams, Turner and Strik-
leather and J. B. Hays.
Dry Goods, Alfred Currin, J. M.
Gill, H. A. Mowbray and W. T.
Nelson.' ;
Shoes, M. Li. Wood, Harris and
Gill and Rev. J. A. Stradley.
Books, Miss Emma Graves.
Cranberries, W. C. Stronach.
Turnips, J. M. Wood. 1
Dolls, Miss Harmon.
Buckwheat flour, J. Wilson.
This report has been condensed as
much as possible, to secure its publi
cation in the papers, though tho
contents of some of the boxes were
so valuable that the
items ought to
have been given.
FFICE OF THE A. Sc If C. It, JJL
Newbsrn, js. vec: wf. , ,
Notice is hereby .given o, holders pf
the mortgage, bonds oitne Auanuc ana
North Oarolina Railroad Company, that
Coupons on sai4 Bond dua on the
First Iay ot January,
will be paid at the rniton national
Bank, Ke w York, on and after the 10th
day of January, 1874, on jpresentatlom.
J E. R. STANIjEY, Pi-ea't.
Two Mx DROWXED.U-Oa Thurs
day last, while a number of men
were employed in cutting ice for
Capt. Fagg-, at a mill-pond on Bea
ver Dam road, about one mile from
town, one of their number, a colored
man named George Paf ton, broke
through the ice into eight-feet wa
ter. Another colored man, 'Peter
Dark, went to his relief, and was
instantly dragged from the ice into
tho water by the struggling man,
when both disappeared beneath iit.
In a fow seconds Pafton arose, giv
ing a terrific yell as he did so, and
throwing his arms wildly about.
By this time a rope was procured,
but instead of holding on to one end
and throwing the other to the
drowning man, the party having it
in charge threw him the entire rope.
With the energy of despair he
clutched it, drew it to him rapidly,
then sank and passed under the ice.
His body was recovered soon after,
but life was extinct. Dark never
appeared above water after being
dragged under, and the impression
is, that in the struggle for life the
two men clinched, and Pafton, be
ing tne stronger, held tne other,
who had so nobly attempted his
rescue, under until he strangled.
Both were worthy men, and leave
families.1 George was raised in this
section, but Dark was a stranger.
He came here with a Michigan reg
iment, and for this reason was cal
led Peter Michigan. Pioneer.
Hon. J. L. Pennington, the pres"
ent Governor of Dacotah Territory,
was an apprentice boy in the old
Raleigh Star office thirty-three years
ago, JjiX-Uovernor Holden was fore
man in the same office at the time.
Baleigh Netcs. j
Mr. jfennington will be remem
bered as the publisher of a newspa
per at Newbern just before the war,
and also the publisher of the Bal
eigh Progress during the war. He
is a man of considerable force of
character and a good public speaker.
He came within one vote of being
elected to the U. S. Senate by the
Alabama Legislature two years ago.
He co-operated with the Republican
party, but is a whole-souled, clever
gentleman, kind and unselfish. Pen
nington will make as good and able
uovernor as any one of the things
graduated in a book-col lege,- and
will exercise and display more good
common sense than the poor fools
who are trying to live and flourish
on the blood of their ancestors.
Charlotte Democrat.
Dkagged Unto Death. We
have to record another sad event
which occurred on New Year's Day?
the unfortunate person in this in
stance being Mr. Newton Owensby,
who resides a few miles from town.
While riding a mule, and leading
another, both having just been un
hitched, the gearing still on them,
the one which he was riding fell and
Mr. Owensby became entangled in
the trace-chain, his right leg being
tightly fastened by the same just
above the ankle. When the affrigh
ted animal arose, he seemed to im
part his terror to the other mule,
and both dashed off at frightful
speed, dragging the unfortunate
man at their heels over stumps and
rocks, nor pausing until they reach
ed the farm house, about three hun
dred yards from where they started.
Here the limp, battered, and fright
fully lacerated man was extricated
and medical aid sent for. His at
tendants succeeded in restoring ani
mation, but there lis slight hope of
his recovery.. Our informant, who
has witnessed many terrible sights
on the battle-field, says he never
beheld snch a spectacle as the wretch
ed man presented ; his head appear
ed to be battered into a pulpy mass,
while his body was horribly man
gled. Pioneer.
CIRCUIT COURT OF THE UNI
TED STATES. Eastern District
of North Carolina.
United States vs two Copper Stills and
fixtures, 51 barrels of apple brandy
containing 156 gallons,' and one tract
of land containing about one acre,
lying fn Bertie county, being part of
the tract of land on which' Stephen A.
Norfleet erected a distillery and the
buildings thereon connected there
with and constituting a part of the
distillery preniises. Libel of Infor
mation. ;
To Stephen A. Norfleet, and to all
whom it may concern : -Greeting.
Notice is hereby given, that the above
mentioned property was seized by M.
C. McNamarra, Collector of Internal
Revenue of the 1st Collection District
of North Carolina . on the 29th day of
November, 1873, as forfeited to the uses
of the United States, for violation of the
Internal Revenue Laws, and the same
is libelled and prosecuted In the Circuit
Court of the United States for condem
nation for the causes in the said Liber
of Information set forth; and that tie
aid causes will stand for trial at the
Court Room of said Court at Rak-i h on
the first Monday of June next, that
be a jurisdiction day, and if nviat the
next day of .Jurisdiction,. jUtei lifter
when and where all persons are wurned
to appear to show cause wiiy condem
nation should not be decreed, and to
interveno for their interest.
Given under, my hand at office, in
Baleigh,
1673. t
28-w2w
this 27th day of December,
R. M. DOUGliAflt
United States Jlazshal.
IN BANKRUPTCY,
THIS IS TO GIVE NOTICE, That
on the 22d day of Doc.; A. D., 1873,
a warrant in Bankruptcy was issued
out of the District Court of the United -States
for the Eastern District of North
Carolina, against the estate of Sion H.
Rogers, of Raleigh, in tho county of
Wake, and State of 'North Carolina,
who has been adjudged a Bankrupt on
his own Petition : That the payment of
any debts, ind the delivery of any pro-
Eerty belonging to such bankrupt, to
im, r for his use. and;tho transfer of
any property, by him, are forbidden by
law ; That a meeting of tho creditors of
said bankrupt, to prove their debts, anil -to
choose one or mere assignees of his
estate, will be held at a Coutt of Bank
ruptcy, to be holden at Raleigh, N. C, '
before A. W. Shaffer, Register, on the
24th day of January, A. D. 1874, at 10,
O'clock A. M. K. Al. DO UGL AS.
28 3t Marshal as Mcssemrer
V
THIS IS TO GIVE NOTICE, That
on the 29th day of Dec, A. 1)., 1S73,
a warrant in Bankruptcy was issued out
of the District Court of the United
States for the Eastern District of North
Carolina, against the estate of Robert
TV. Best, of Raleigh, in the county of
Wake, and State ot fforth Carolina,
who has been adjudged a Bankrupt on
his own Petition : That the payment of
any debts, and the delivery of any pro-,
Eerty belonging to such bankrupt, to
im, or for his use, and the transfer of
any property, by him, aro forbidden by
law: That a meeting of the creditors of
said bankrupt, to prove their debts, and
to choose one or more assignees of his
estate, will be held at a Court of Bank
ruptcyto be holden at Raleigh, N. C,
r before A. W. Shaffer, Register, on tho
24th day of January, A. D., 1874, at 10
o'clock, A. M. . ,
R. M. DOUGLAS,
28 3t Marshal as Messenger.
i Merrimon, Fuller fc Ashe, At
torneys. ;
THIS IS TO GIVE NOTICE, That
on the 29th day of Dec, A. D., 1873,
a warrant in Bankruptcy was issued
out of the District Court of the United
States for the Eastern District of North
Carolina, againsti the estate of Jas. D.
Pullen, of Raleigh, in the county of
Wake, and State of North Carolina,
who has been adjudged a Bankrupt of
his own Petition : That the payment on
any debts, and the delivery o any pro-
Eerty belonging to such bankrupt, to
im, or for his use, and the transfer of
any property, by him, are forbidden by
law ; That a meeting of the creditors of
said bankrupt, to prove their debts, and
to choose one or more assignees of his
estate, will be held at a Court of. Bank-
ruptcy, to be holden at Raleigh, N?.,
before A. vv. Shatter, Register,- on tne
24th day of January, A. D., 1S74, at 10
o'clock, A. M. I
It. 31. DUUULAS,
28-3t Marshal as Messenger.
R. C. Badger, Attorney.
"VTOTICE IS HEREBY GIVEN,
JL That a petition has been filed in the
District Court of the United States for
the Eastern District brxrortltfculiM
by James Coggin, of Nash
county, in said District, duly declared
a Bankrupt under the Act of Congress
of March 2d, 1867; for a discharge
and certificate thereof from all his debts
and other claims provable under said
Act: That the 17th day of Jan., 1874,
at 10 o'clock, A. M., at the office of A
W. Shaffer, Register in Bankruptcy, in
Raleigh, N. C, is assigned for the hear
ing of the same, when and where al.
creditors, who have proved their debts
and other persons in interest may at
tend and show cause, if any they have,
why the grayer ,of the said petitioner
should not be granted. And that the
second and third meetings will be held
at the same time and place.
New Berne, N. C, Dec. 22nd, 1873.
28 2t GEO. E. TINKER, Clerk.
Dosset Battle, Attorney.
. ; .
TO WHOM IT MAY CONCERN:
The undersigned hereby gives notice
of hisr appointment as' Assignee of Jas.
H. Bryan, of Clayton,, in the county
of Johnston, and State of North Caro
lina, within the Eastern District of
North Carolina, who has been
adjudged a Bankrupt upon his own
Bjtition by the District Court of said
istrict.
: Dated Raleigh, Jan. 3rd 1874.
THOMAS. HAMPSON, Assignee, ,
28-3t P. O. Raleigh. N. C. -
"J S. PATENT OFFICE,
, Washington, D. C, Not. 27, .'73.
On the petition of
' JAMES DAVIS,
of Company's Shops, North Carolina,
praying for the extension of a patent
granted to him on the .
27th day of March, 1800,
. .'"'''
for an improvement in Sewing Machine
Stitch.
It is ordered that the testimony
in the case be closed on the 24th day of
February next ; that the time for filing
arguments and the Examiner's report
be limited to the 6th day of March next;
and that said petition be i heard on the
11th day of March next. ,
j Any person .may oppose this exten
sion ''
v '- M D. LEGGETT,
28-oaw3w ; Commissioner.
JUIVIDENI NOTICE !.
V
Raleigh National Bank of N. C
1 X' -j : i. I ' MMeJg XffBK. Jj X04 9.
; A ' ' E 5 nlend of fire per xent .on, the
pitai stock, out of tho profits for
ftJia!ftat Mix mcnths ' has this daV been
declarell payable atf tbla Bank jon and
after the '5th day of January. 1874. ' t
ir,-:tU;'(A C. DEWEY, ' '
Ifittaboro,? Ctha-m Co.,- NV C.
ii. ii. XXUUZIC Pronrle t rrf-.it
6
3
v - ,