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V
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H; Wnjtehurst 4227
ALEI'GrH
a , RALEIGHi N.!0., TUESDAY MORNING, MARCH 5, 1878.
VOL. XHI-NO. 4.
$.500 PER ANNUM.
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R
8
ws
EUROPE.
"END OF THE HOLY WORK,"
The Treaty Signed oh Saturday
Great EnthnsiasmCongrat--illations
to the Car--The JKus
Bians Jubilant.
London, v March - 3. The A following
announcement of the conclusion of
peace between Russia and Turkey, was
received to-night by Renter Telegram
Company.: .. ,--:.T ; -
Const antinople, Sunday Night, )
fl'iJ laVbN 3d,fl878.4h
The treaty1 of peace has jbeeh signed.
The Grand Duke Nicholas announced
the fact to' 'the soldiers at review at
San' Stefano' to day5; ''Russia has aban
doned her claims on the Egyptian and
Bulgarian tributes. - . , -.. -4
London, -Marea 4. A special to th
Standard from Vienna asserts that two
divisions of Austrians will enter Bosnia!
id abont:teo days; :
The Standard's correspondent at Vi
enna states, that; the Austrian and Brit
ish ambassadors ' are instructed to pro
test, if the Russians enter Constan4ino-
pie. - . f
The Times' St Petersburg andT-'era
correspondent! eqnfirra. the, report that
the treaty of peace had been signed.'
At St. Petersburg the enthusiasm over
the news of peace., is unprecedented.
Immense crowds are before the Palace,
shouting and singing, "God save the
Czar." ' . V
The . Pera . correspondent says the
treaty was signed n Saturday, -.;
Thirty-one thousand troops were re
viewed at Sau Stefano, and a Te Deum
was sung amid great enthusiasm.'
The correspondent, of the Times at
San Stefano is able to state that neither
the surrender of a portion of the Turk
ish fleet, nor a TJlainr on the Egyptian
tribute, is included in the conditions.
No interference with a ;portion of the
Turkish r revenue hypothecated to
foreign ereditors. - Nothing definitely
settled relative to indemnity, but it will
principally be in the form of territory in
Agfa, including Ears and Batoum not
Erzeroum. Salouica and Adrianople
are not included in Bulgaria". '' '
The Daily Telegraph's Pera corre
spondent , professes to give the condi
tions of peace. , Ho makes the indemnity
1,400 million roubles,' with forty millions
sterling in bonds added.
The Paris correspondent of the Times
telegraphs as follows: v "Lord Lyons;
the British Ambassador here, will go to
London on Tuesday, presumably to con-'
fer'orally with - the government about '
his course at the conference.., r . - .
A despatch to Reuter from Constan
tinople, March 3rd, by way El Areb, J
Bays: "Previous to the signature of the
treaty of peace. Gen. Tgnatieff demand
ed that Turkey should unite with Rus
sia in defending all its stipulations beT
fore the conference. ...Safvet Pasha re
fused to accede to this. , Gen. Ignatieff
then telegraphed to St. Petersburg for
instructions. It is not known how the
question was settled.
Russia agreed not to7, include Salonica
in Bulgaria. It includes Bourgas, Var
na and Kustendje. Money indemnity of
40,000,000 pounds originally claimed in
addition to territorial concession, was fi
nally fixed at 12 millions, i ; i i't ' fc
St. Peteksbujbg, March 4. The
' Ctrand Duke Nicholas"- bas sent the fol-'
lowing to the Emperor: "San Stefans,
March 3,-rI do myself the honor of con
gratulating your Majesty upon the con
clusion of peace. God has vouchsafed
tons the happiness .of accomplishing
the holy work begun by your Majesty,
and on the anniversary of the enfran
chisement of the serfs. Tour Majesty
has delivered christians from the Mussul
man yoke."
London, March 4. The Pera cor
respondent of the Times says: By giv
ing up their hostile European.provinces,.
and at the same time receiving a tribute
fronjthenii or jjaddhngrthe'm with a
portion of the national debt, and con
centrating the MySsulpians in the ter
ritory contiguous -toJ Constantinople,
and making the concentration required
Minor, the Turks' will create ' a now Of
toman power ten- times .stronger than
when it was -spread over a vast; badly
organised and hostile territory.
lathe hoase ef-iopdar LokI-Derhy-
said the -.govecrneat' had received the
termspf peace, " but in an imperfect
state. , He-could only say that; - the
terms did not-iaolude the--oessionf the
Turkish fleet, the indemnity wiis reduced
far-K;0d,000 'sterling, and 'that tfie
Egyj)tain tribute was not affected.
In the hoB30 ofCojnmons, tha -Secre
tary of State for War, in answer to a
question, said the matter of defence
Cai9AqifcialCp5t Qf,EnglaM
was being carefully considered, at the
present rao&ent, J.U 2 wJi - t
A' Cuban Proclamation. '
Havana, March -4 A proclamation,
dated. Puerto. Principe, and signed by
Capfaih General Jovellar and Gieneral
Martlbe Campos, says: . s
'Wheeeas, the insurgents : are; sur
rendering their, arms,; and.whereasa
majority ef the slaves' who took part in
the; ::lnsarrection'. did hot figure. in the
oen'sjas formed in the yeajt 1870, or be
longed to masters .whpparticipated di-tectplpdh-ectly
ni th4 insnrrection,
thereby acquiring theii liberty de facto,
and whereas the sentiment is taken in
to account which inspired ,thepresent
law of the gradual.: mnipati qk of the
flaves in this ' Island, therefore. author
ized by the home 'governmenfc,: we'prb'-elalnv;';';::,-
t'i. f,..,-;.. . ..V
lAJtaBls'rAUlaveg" of both
aexeswhp wereTn'the , files of the In
surgents on the lOthi of February, will
be free if they 'present- themselves to
il. i.tZiL! -.li J.it.i:. 4.1
the leniikhate Authorities, or the gov
ernmeot troops before the last day of
Akticle 2nd. The former bwhers of
these fi-eedmen have no right to indem
nity if they-took part- in the insurrec
tion themselves directly or indirectly.
Abticlb 3rd -Those formerly , own
ers of these freedmen - who. remained
faithful to the Spanish .government will
receive- an , indemnity in tne manner
which the law of gradual abolition pre
scribes.
Abticlb -L All local authorities will
furnish papers of free - citizenship to
these former slaves included ' in article
first, giving direct aud detailed accounts
to the heads Of their respective depart
ments. : ''' " ' -,'' '' -; '
A decree signed by Capt. General Jo
vellar and Geq.M. Campos, says: Whilst
during the existence of the insurrection '
.all the attentioq of the government was
absorbed by the war, - now after its hap
py conclusion comes thai time to intro
duce into the organic political adminis
trative system of the Island, such re
forms a without insurrection Cuba
would have enjoyed long ago and would
- have been in an analagous position with
Porto Rico excepting certain reforms of
a social character, to be resolved upon
after profound study of the circum-T
stances; therefore, article lsVc dating
from the next legislative term Cuba, will
be represented iu the Cortes at Madrid
equal terms with Porto Rico accord
ing to the population of the Island.'
! Article 2d, of , the provincial and mu
nicipal laws, of Spain, dated October
1877, will be applied to the govern
meut'and administration of Cuba, as is
done in Porto Rico.
"Abticlb 3b, iThe Spanish : govern
ment will be requested to apply sue
oessively to Cuba all other laws pro
mulgated in Spaia, ..aod to .be pramuU
gated in Spain, with such modifications
as are thought convenient, and in virtue
of the prescription of article 89 of the
constitution of the monarchy,
i -A : - - - ; v... '
5 Forty-Fifth Congress. ,
Washington, March 4. Vice-Presi
dent Wheeler returned"to the dity Sat
urday, and occupied his seat to-tlay '
j Morrill, of Vermont, in presenting J
several petitions in lavor ot tne appor
tionment of a commission on the sub
iect of alcoholic ITuuor traffio. cave no
tice that off "Wednesday next he would 1
move to. postpone; pending all prior or
ders and proceed to the consideration of
that bii;.;.. ., , ,4 r . , - ,
-. coiu4iiiw,ot; on coiuitgv, weiguis
snd taeisflresi' resolveoHo report-in fa-'
vor of ,au increase of facilities for the
ooinage. This looks .to full, work at,
New Orleans and a,$ Charlotte. f
I ,Col. J. L. Haynes, collector of cus
toms at BrowiisviUeJ Is before he njlli-C.
tjary committee of the House. His tes
timony is to the effect that the present'
force on the border could not safely be
reduced at present vf : ' fy -j j
j House. Vance, of N. C, introduced
a bill antborizmg - circuit and district
Judges to fine and imprison at discre
tion in cases of conviction of illicit dis
tillation, in lieu of the punishment now
required. Referred.
The Senate amendments to ; the bin
issuing arms to the Washington Light
nl'antry of Charleston, S. C, were eon
iurred in. " - ; - ? . '
; ! The Senate bill granting pensions to
the veterans who served 14 days in the
War of 1812, and restoring to the rolls
the names of those stricken therefrom
on account of disloyalty, was passed,
j Confirmations: Bayard Taylor, Min
ister to Germany; Jehu Baker,?Minister
fo Venezuela; Wm. 0. Goodloe, Minis
ter to Belgium; S. H. Russell, Marshal
of Western Texas; Frank N. Wicker,
Pollector of Customs, Key West. . .
j The Ways and Means Committee in
their tariff bill increased laces from 20
to 40 per cent, and reduced shelled al
hionds from fifteen to twelve cents per"
pound.
f Nominations: Mrs.' Bainbridge, Post,
Master, Old Point Comfort; Geo. C.
Tanner, H. C., Consul at Liege; Mar
shall H Twichell, La., Consul at Kings
ton ; Albert G. Porter, Indiana, First
Comptroller of the Treasury. "
t Senate. Cockrell, of Missouri, in
roduced a bill ; for'oertificates in- sums
bf 20dollars for deposit of silver bullion,
to be received for- custom dues. Refer
red to the committee on finance.
Ingalls introduced a resolution to re
peal the charter of the .National Capital
Life Insurance Company, ' ""
u, 4. ... failures. . 1
London. March 4. Laza. Marcos &
fcompany,"importandeiporfc merchants,7
London and Havana, have suspended.
iineir. liaouities are believed to be
heavy. .. . . ..
i Cincinnati, March 41 The Miami
Savings Bank of this city, have failed.
iLiabiSties, $170,000; assets, ; $18,000
less. ... ; , .
New Tokk, March 4. The failure of
Jewell, Harrison & Co., provision deal
ers, is announced.
. 'jt Insane .Aiylnmi ;
lo the-.Editor of the News : r . -
Sib : I have carefully read the cor
respondence in your paper " relative to'
Dr. Gri3sommideep!yregret to see
that there is yet a dissenting voice in
regard to his continuance as Superin
tendent of the Insane Asylum," which
office he has so faithfully 'filled with
credit to the State, the Institution,
himself, and to the entire satisfaction of
his many friends, who, nnfortuaatelyj-
have relatives - aud connexions tundgr
his care. "
Is there a man in this community.
ayA I mayf sayn the fitate, whcan
lay his hand upon his heart and say
that Dr. Grissom has not fully and
faithfully discharged, alt the duties in
cumbent upon such a responsible posi
tion'?5 'I fearlessly assert,-, that from a
, j, . 1 5 -- v&
I met with any man so gifted by nature'
to regulate and govern an Institution of
this kinu ; his mid manner, his: for-,
bearance, his ' sympathetic' heart, his'
distinguished acquirements as a physi-;
cian, speau Knowingly; an conspire
to: recommend, nun, to. the , tull conn-
dence of the State at large, as pre emi
nently qualified for the supervision of
the poor unfortunates who have been
plaeed under his care. . .
t have hai some experience in the
Blockley Hospital of Philadelphia, and
therefore arrogate t$ myself the pre
sumption to otter an opinion in support
of the management, system "and regu
lation Of our Insane Asylum. Now what
weight have the. attacks upoa DrcGris
som. and uDon what erounds are thev
predicated ? Nbnev except that he was"
made Superintepdent by the Republican,
party. -a.amivung no , incompetency,
out it you retain nun, you reflect up
on the other ' physicians of the State,
and acknowledge that there are none
competent to fill the station.1 excetit Dr.
Grissoni.'r' Such'is, if not thtf Word of
your correspondent, their tUU' meaning.
Oh ! hpw puerile and prejudiced, and in
the language ot the old Jf rover b, ,
you kill my dog, I kill your cat : "' l
sides, there is a manifest sentiment of
discord, which, , at this day and time, no
houest heart should cultivate, -Let us
lay aside all party' malice which may
have been engendered during the days
of carpes-baertrei-s and scauawagSL and
continue in office .such men as Dr. G-,
who are ' without spot' or blemish, in a
social or official capacity. , ouch are the
sentiments of our great statesman, Ran
som, .which nave made him the brightest
star in the political arena, both North
and South.
:. The Directory of the Lunatic Asylum
Is composed of good , and intelligent
men,' and I. trust will not be governed
by party prejudice, J but give unto
",Csar the things that are his," and
retain Dr. Grissom,' Superintendent of
the Insane Asylum. ' M, L;
. A Boiler Explosion.
Cincinnati, 0. March 4, A boiler
at Miami distillery," near' Hamilton,' O.,
exploded this morning, .fatally scalding
David Morton and John , Mills, em
ployees, -' " - '.';
OUK WASHMIOTOJr-IXTTER.
Onr Bepresentatives at TTorh
Thuriuan and . idinar-T
J(" Growing Weakness of the
i Cabinet The Signal " Service
Slaps Corcoran i Art . Gallery.
' (From our-own Correspondent.) .
Washington, March 2d, 1878.;.
Neither House of Congress is in ses
sion to-day nor was the Senate in, ses
sion on yesfaerday ,w , 1
, Nothing of special interest transpired
In the House, on yesterday, the day
having been mainly devoted, as is the
usage on Fridays, to the consideration
of the private calendar. J
-Mr. Waddell, from the Committee on
Post Offices and Post Roads, reported
back, as a snbstitu . for sundry bills
referred to "that t ommittee, a bill to
provide ocean .tgair steamship service
between the . United, States and Brazil;
and
. On motion oflMr. Waddell, Wednes
day next was set apart for the consider
ation of the bill to regulate' the' compen-
aatioa. oC - potiDaster---and-- foP. other
purposes,
Mr. Pa'
vis presented - the petition of
65 citizens of Wilson -county, N. C,
praying for the establishment ""of "a"
United States District Court at Tar
boro; aud . , :
'H Mr. Steele presented; the petition of
sundry citizens of Catawba , county,
aaainstthe ..abolition of the : Western
Judicial. Districts -
As was to- be - expected, the leading
journals of the North and East, the
Wall street gentry, and the "bloated
bond-holders," are denouncing the
passage of the silver bill in the severest
terms, while the press of the South and
West as universally applaud it. By the
way, a Washington correspondent of
the Detroit Neves , mentions, , as
a matter ' ot current gossip, mat
Thurman and Lamar are looming up as
the prominent Democratic candidates
for the Presidency and Vice-Presidency
in 1880, on the ground that the former
will conciliate "financial" sentiment at
the West, and that the . Eastern States
may be expected to like a Southern man,
who has expressed very liberal views on
re construction and who voted against
the silver bill,- 'although instructed by
his State to vote for it. Possibly some
such. expectation, on Mr, Lamar's part,
may explain his vote, in other words,
account for the milk in that cccoa-
BUt. - "IVisj -Gl Si:, I:.:.:.,.,: ' ' Jit '
I have just read the able report of
Gen. Scales, Chairman of the Commit
tee on Indian Affairs, recommending
the transfer of the Indian Bureau from
the Interior .to the. War Department.
The proposition is supported by a thor
ough and caustic resume of the sad but
Instructive history of Indian Affairs un
der the existing system, a hi&tory of
fraud, corruption and 'Tings,": and is
further enforced by a searching exami
nation into and estimate ot the cost of
the two systems. ; '
dent Hayes is growing daily, more and
more, in popular disfavor. The recent
eagerness of the majority of them to in
cite the Executive to interference in
Louisiana afi'airs, and their counsels in
the imatter of the late veto, i have
given their disrepute a - further
jlpwtl ward 1,'; tendency. ; In .. point
of enlaigid " gratp v of mi6ck' Or pba-
itive: and liberal statesmanship,
the "Ministry" is a potent failure. Mr.
Hivarts, unquestionably, a great lawyer,
is eaten up with an egoism which never
lets ff go for an instant and is said to
1 j A. t. til
oe as innocent ei warmtn oi sympainy
or character as the northern side of the
North pole; Schurz is a charlatan and
nothing more; Jno. Sherman is too no
torious for malignity, treachery and nn
scrupulousness to need any dark pig-
raent at my hands; McCrary, Secretary
oi War, is the cleverest ot the batch;
while Secretary Key occupies, I- imag
ine, about the same relation to Admin
istration councils that a fifth wheel
would to a coach. ' - ' 1 :--: '
There ' hang, : in ' the " lobbies of the"
Senate and Hduse of Representatives,
several large maps that will at once at
tract the attention of the visitor. They
are the' signal maps, made of canvas,
covered with a thick coating of oil.
Black marks traversing them indicate
.the isothermal lines. . Appended to the
name of each prominent town or city in
the country are small tags, on which is
printed thj immediate condition of the
weather or temperature there prevail
ing. These: tags are changed twice
each day, by officers connected with the
Signal service to correspond with the
observations as they are made- at Fort
Whipple, on Georgetown heights..- And
now see the results : One can ' tell at a
glance which way the wind is blowing,
oft how f warm.; tor how. cold -it is,
at "the "moment bf inspection -at : Sah
Francisco, St. Louis, Boston, Memphis,
New Orleans Charleston, etc. While
I am enj tying a;bright and balmy mor
ning here, I can tell, at a' glance,
whether or not yon are hoisting- your
umbrellas in our dear old "City of
Oaks," and vice versa. . Who shall
measure the progressiveness of this age
and this, wonderful people of ours?
"The wind bloireth- where) it listeth,
and thou canst not tell whence it cometh
nor whither it goeth ; " but this was
written thousaudsof years before Amer
ican genius imprisoned the lightning
and taught it to speak, before astrono
my held close converse with the ktars,
and before signal stations and observa
tions were dreamed of I ;
Corcoran's Art Gallery the gift to
thia city bf that large-hearted gentle
man ' and ' philanthropist, who knows
how to do good with .his money in his
life-time, instead of waiting to dole it
out by bequest is the home and gem of
beauty in Washington. One of aesthetic
tastes can spend days within its charm
ing precincts, with ever-increasing de
light. There are several Madonnas,
original ' pictures by the masters,
which fill the eyes with tears and the
Heart witu emotion ; and thero is a
picture of Charlotte Corday, looking
tnrouzn tne bars of the r Tench tsastile,
that actually ravishes with the beauty
of 'despermte ' heroism that elows and
burns in a glorious face. But I have
no words to describe what is immortal
ized on canvas and in marble. S. G.
HCDOWELL.
Mad Dogs .Wedding of the
Blind-Political.
(From eur own Correspondent.)
.' ' Mabion, N. C, March 2d, 1878.
, The mad-dog excitement has about
subsided, without serious injury to any
body. ' " -. ' -,
' Mr. Walter McCurry, of this county.
was married a few evenings ago to Miss
DcLoche, . of Northampton; both
bund, . ,
- It is whispered that prominent and
influential Democrats have concocted a
scheme to nominate and elect to the
Legislature, an individual who aided
himself to the Radical party in its in
cipieucy, and fought until, recently his
political antagonists with all the vim
and vehemence of his nature. Is such a
project on foot ? The very idea is re
yoltipg to the Democratic yeoman.
There was but 'one Democratic and
one Republican candidate at the last
election. The probability is that there
will be several this year, but a .Demo-,
crt. thoroughly identified with the or
ganization, will be the legislator. This
county is Democratic by about four
hundred. ' ': ;. ... J .
LETTER FROM LENOIR.
:!.(' i-.i i -r-
That Pearson Monument Again
W-A Correctlon-A Noted Crlm-
jinal Case Disposed or.
.! V ' '.-;.''. '. ' :',::r
'i J tSpecial Correspondence of the News. )
j ! Lenoib, N. C, March 1, 1878, ,
5 :1 regret that you did uot see proper
to publish all I had to say on the matter
of that proposed monument to the late
the matter of whicb be lost so much of
the esteem of his fellow-citizens. I re
gret it also in view of the fact that
VUne of his students'' nas cnuciseu
the motives that prompted my letter; or
at least thinks that any reflections upon
the Chief Justice shouM have been
withheld, now that he is called to the
gjreat tribunal at- which we all have to
appear.:"' ' -
: i Now my article was not written, as is
said, "on the spur of the moment," -. It
was penned after much deliberation,
after much "charitable' consideration.
Our Supreme Courts are our greatest
bulwarks ; they are the great custodians
of the people's rights, in more than one
view of the case; and I contend that
when a Chief Justice on this Supreme
Bench falters in the conflict withwrong
and oppression ; and, from motives of
fear or otherwise, turns the scale in
favor ef the wrong and oppressive?
theu I say virtue should nd longer lean
upon such a man. And such a man
who forsakes North Carolina in her
dark hour of trial ought not to have a
monument at the hands of North Caro
linians, however much he may have
been dear to them through the impulses
bf friendship or the desires to show re
cognition of genius, r - . -(
I trust you will yet publish what I
had to say on the Bubject, in full, if the
manuscript of my letter is not destroy
ed ; and I am willing to be judged by
it,, ever my fuU signature, ' if necessary,
audi will repeat the request .to print
the whole cf the communication touchr
tag the matter in "question, if, upon
your sober second thought, you do not
find t will conflict with the ends of truth
ind justioe fiat justitia, mat ccelum. . ,
Note. The rass. was destroyed.
We were ."pressed for " space that day,
and elifainated from ; our correspond
ent's letter what we considered could be
omitted without marring it.--EDiTOB.
11 have another , regret a! so to express
n regatd to my last letter. I have in
advertently got Judge Schenck and
pudge Furches mixed up in connection
witu one oi me aueouoius repeated.
painsr -i;en rongly j informed about J
the matte - t
maKingtu corTev..., ana giauiy lay
any thanks and honor due in the case at
the door ot Judge Furches, for whom I
have occasion to have high personal re
gard, f i '
t While on, the subject of Judges and
Courts, 'I might have something to say
in regard to a recent decision upon the
Supreme bench which would be of inter-
fest to your readers. It is in the case of
th9 Stat4ts. Zaxton; top the crime of
rpfS--rape of a; respectabl? white girl
f this county. ' " "
I This case has been one ot unusual in
terest here. This lastdecision is the
(uppermost tbemein many of the locali-
ities of the' county, : no wi" in vie w of the
jresult. c' r r
The girl was the orphaned daughter
of a brave Confederate' soldier who lost
his life in one of the bloody -battles in
Virginia during the war. T. he family
were quite limited in -their circumstan
ces, but the victim of thj crime proved
to have always borne an irreproachable
character. The negro - jiuV Laxton was
a very intelligent darkey, who numbered
his friends among some of the best citi
zens of the- oounty. No negro : in the
county stood - fairer in bnsineas circles
than this same: Laxton." . H3iad ample
credit, not only in his neighborhood,
but among the merchant1 areund,- So
deep indeed were the attachments of
many of his friends, that they haVe ad
hered to him through the fortunes of
the law prosecutions. He has been de
fended by what 1 is considered the best
legal ability in- the State in criminal
practice Cols. .Folk , and Arm field. I
The negro was convicted in Ualdwell
conhty, and on appeal for a new trial,
which was granted by the Supreme
Court a . . year ago, was , convicted
again at ' a Court at Statesville in
Iredell county. The evidence revealed
a most horrible crime. The rebutting
facts were few and insignificant. Yet
the case was managed with consummate
tact and ability on both sides. " l believe
the strong point that the defense tried
to make was in undue familiarity exist
ing between the ' parties before him.
They had worked together in common
field operations on the farm of .a neigh
bor; and d im liaxton was in ine naoit,
it was said, of visiting Afy a sort of
friendly way in the family. One night
when it was known that , the girl was
alone at home, he went and under false
pretences enticed her to the door, when
he seized her .and perpetrated his hellish
and horrible purpose. -
v- It is due to say that the very large
majority of even those who had been
the negro's friends now acquiesce in the
final decision of the Supreme Court, and
believe the judgment of the lower tribu
nal to be just and righteous. It is said
that when this last decision of the court
was given to the young lady, she simply
turned-her head heavenward, and, with
a clasp of her hands, said "Thank God!
at last!"
' Serine seems to be upon us at last
after the long, long winter of rain and
spow and wind. The farmers- are
Dioutfhinfr. and going ahead trying to
help "the silver bill" bring prosperity
to the country. v JNO JN amb.
False Pretenses. .
Albany. N. Y., March 4. Asa L.
Chapin, of the late lumber firm of A.
L..& W. Chapiu, JNew iorK, ..was
brought here yesterday on a charge of
nhtainina- 47.000 worth of lumber on
false pretenses from B. A. Towner, of
this city. .- ;
m '
Pecci, the new Fope's name, la pro
nounced Patcbee. . ! 7 j . i .
oi mat pcopoaeu iuuuum - nesin. which the defences are to be pre-
kMJus- Shnr se and the exercise .of this discre
Trfy article appeared at the same time of tion cannot be twvipVi fa this
the self-defence of the Chief Justice in convt. .- u fy if !t
'1 SUPREME COURT.
Digest of Opinions of the Su
preme Court, January Term,
1878, 78 If. c. Reports.
(Beported for the News by Walter Clark
Esq.. Attorney at Law.)
The following opinions were filed last
evening, (4th March.) ; : ;
66. By Smith, C. J. Barringer vs.
Allison. Where a. justices's judgment
!? '"pt'yed' by a surety, such surety's
liability rests not upon contract only
but arises, like his principal's, out of
the judgement, and the statute of limita
tion which bar such liability is therefore
seven years. ,.. .-. . .;
57. By Smith, C.J. Slate vs. Dixon.
The solicitor is not restricted to the first
bill found, but may at any time before
entering upon the trial, send another
bUbto the grand jury and require th
defendant to answer that. Where eerJ
era! persons are charged in the same
bflL whether they unite' in a common
defence, or, as in this case, their defen
ces are separate and 5 antagonistic, the j
uuurcmu8i regulate the order and mm-
-58. By Smith, C.J. Phillips vs. the 2V.
O. B. R. Co. I. Common carriers
may, by Bpecial contract, bind them
selves to convey and deliver goods to
points beyond their own line and out
side the limits of the State wherein the
road lies." -. -i-
i II. Where various companies form an
association and unite in making a con
tinuous line of their respective roads,
and collect, either in advance at the
place of receiving or at the place of de
livery, the freight due for the entire
route, subdividing among themselves,
the receiving road- becomes responsible
for the default of any of the associated
companies, and no special contract need
be shown. -
. ILL Where no such association exists.
and no special contract is made, the re
ceiving company discharges its dutv bv 1
..f.l. .: " ..
oivlj liuiivcyiiig oyer its own roau ana
aeuvering to the next connecting road
in the direct and usual line of common
carriers towards the point of destina
tion. ry. Where there was no such associ
ation proven, and the R. R. receipt givi
en was as follows :
North Carolina Railroad, )
J Raleigh Station, Jan. 31, 1872. f
Marfca An Received of A. B., to be
8- laden on the freight cars.
' 1 bale bedding, &c,
j . v ; J. F. Phillips,
, Monroe, La.
1 Marks, &c, as per margin, which are
to be delivered (condition of contents
unknown) to - or assigns, at
Station,
l-- : C. D AgentN. C. R. R. Co.
! And the plaintiff testified that he
told the depot agent that he wanted the
goods to go to Monroe, La., and offered
to prepay the freight to that point, and
the agent declined, telling- the plaintiff
to pay at Monroe on the bale arriving
there. "Meld, There was no evidence of
a special oontraot to go to the jury. The
conversation with the agent was entire
ly "consistent wktTa contract to convey
only over its own road, if admissible at
all to affect the written contract con
tained in the receipt, and the defendant
the nan -of .station of delivery being
to
the oonnectiog road. -e
1 69. By Reads, J." State vs. Monday.
Where "A" offers to sell "B" a tract
of land, representing that it belonged
to him, and that he had a perfect title,
free from all encumbrances, and "B"
bought the land on such representations
and paid fox it, but it turned out that
"A" had no title, or an -encumbered
one, and that -he iknew it at the time,
and intended to cheat and defraud ."B"
but of his money, and "B" was defraud
ed." Mddj-State vs. Burrows, li Ire. 477,
is not in point. The charge here is not
of obtaining the land, but to money; by
false pretense, and the offense is indict
able. A mistake is -not indictable. A
pretense is not indictable. -- A false pre
tense is not indictable. ' It must be a
false pretense, with intent to cheat and
defraud,-nd' which does cheat and defraud.-
- - .. '
i 60. Bt R&ure, J. State ex. ret. Qomi
mi8sion4rt of Wake vs. Magnin. - The
ounty Commissioners ex. necessitate
have the right to sue upon the bond
given joy the county Treasurer '-as
treasurer of the county school fund"
there being no other provision to enforce
a .remedy against it iu favor of the
county. --To-; such a suit the present
county treasurer is not a necessary
party. Where there is a suit on such
bond and the only allegation of receiv
ing, &c, is "that said county treasurer
accounted with the plaintiffs concerning
the .monies which had come into his
hands as such treasurer and on such ac
counting he was found in arrears the
sum of, &c," there is no allegation that
any of the county school fund came into
his hands and a demurrer on that ground
must be sustained. An order over
ruling a demurrer is appealable.
oi. .by jtceade, j . tstate ex ret Commis
sioner s of Wake vs. Magnin., Where in
a suit against a county Treasurer upon
his bond, the complaint does not allege
that the defendant was county Treas
urer at anytime not covered by the
bond which is set out, and it does al
lege that he collected the money, "as
Treasurer;" a demurrer upon the ground
tnat the complaint does not set out
that the money was collected during the
term covered by the bond will be over
ruled, as the complaint substantially al
leges it. s;',:. .' ' i .
62. By Keade. J. Lehman vs. Gran
tham. A dealer in spirituous liquors
must in listing his amount of purchases
for taxation under the State law include
as part of the cost the amount of TJ. S.
Kevenue stamps thereon. The purchase
must necessarily be after the stamps are
put on and their cost is part of the pur-
enase. .fxoperty must always be asses
sed for taxation at its improved value.
This does not impair the U. S. license
or is it a tax upon it. ine U. o. may
tax almost everything and therefore to
prohibit the State from taxing the same
article might be to take away all power
of taxing anything from the State,
Quere. Whether the cost of transpor
tation is to be added in, in listing such
purohases.
63. By Rodman, J. State ex. rel.
Crawley vs. - WoodfinY'TKo appeal will
lie from the refusal of a motion to dis
miss an action Or to non-suit a plaintiff.
Such .refusal affects ' no substantial
right The defences of the defendant
are all open to him as they were. If api
peals were allowed in such cases, litiga
tion would be immensely protracted
aud the costs increased. Counsel will
hot on such ah appeal be allowed to
waive this rule and argue on the merits
64. By Rodman, J. London vs. City
of Wilmfngton. It is well settled that a
tax payer can maintain an action to re
strain the collection of illegal taxes. A
city tax levy is illegal if it excludes
from valuation and taxation stocks of
goods held by merchants on April 1, of
that year, and it is no vindication of the
legality of the tax levy that the City
Government added to the tax on the
monthly purchases of merchants more
than enough to compensate for the de
ficiency caused by such exclusion of
a fax on stock of goods in hand. Taxa
tion should not only be substantially
the same in the result as if , levied ac
cording as prescribed by law, but it
f shpuld be as nearly identical in form as'
it can be. A tax payer is entitled to an
injunction against the collection of taxes'
if the taxation is not uniform and prop
erty liable to taxation has -been pur
posely and illegally omitted from the
levy, if his case is' otherwise good.
Where, however, the complainant has
not paid that portion of his tax which
is clearly valid, to which no objection is
offered by him, and which is clearly
distinguishable from the illegal tax, or
where the illegal tax can be approxi
mately ascertained . from the ' records,
the injunction will be denied. : "
. ,65. By Rodman ' 1
tree. Where the defendant agreed to
deliver ''517 barrels of strained rosin,"
? 'strained rosin?, being a grade known
the market!, 'that amounts to a war-1
nty . that the article Jb be delivered is
that specho description. ! It is a con-ion-precedent
and the plaintiff is not
unJ. to ' receive, unless the article
tnes1 up to- the mark, it is more.
After the article is . received and re
tained, the plaintiff cap recover for
breach of warranty if the article turns
out not .to be of that description, . The
description amounts to a warranty, orj
wnat is equivalent1 ;oo : it. . where the
plaintiff has a ch nce to inspect, and in
fact does select his number of barrels
out of a larger number, it does' not
take the case out of the rule.- This was
ai waiver of the : warranty, as to the
quality of the goods, . but not of the ob
ligations, that they should come within
that Bpecific description. : 1 "
Where goods are - warranted, the
vendee is entitled, though he do not re
turn them, to the vendor, nor give no
tice bf their defective quality, to bring
an action for breach ot the warranty.
The only effect of the failure, to return
the goods, or to notify the. vendor, is to
raise. a presumption that the complaint
of "their quality is not well founded..
: oo. by xjyndm, j. Jones vssuobinson.
Where by a clause of a will the testa
tor devised "the 'plantation that my
son Qt. now lives on lying in Burke
county three hundred and fifty acres to
be sold after he gets possession of the
plantation that I how live on &c.,"and
there being no - punctuation in the
clause, the question is whether the tes
tator meant that only 350 acres out of
the plantation should be sold, or that
the plantation estimated to contain 350
acres should be sold, the whole planta
tion having been worked for a number
of years as one farm,' and consisting in
fact of two adjoining tracts, one of 400
acres, the other of 79 acres'."; Held,
considering the designation of the num
ber of acres as only an alternative de
scription of the -plantation; the rule is
that where there is in the first place an
unambiguous acCd certain description of
the thing and-afterwards another de
scription whieh fails in ; certainty, the
fatter should be rejected. ' The whole
plantation should be : sold. : The uncer-
t sOnty as to w ht '350 acres of the tract
u . .r?. n ..... .
will, to another tract as joining "the 35Q
acre tract," also aid the court, in placing
this construction1 ob "the B clause under
consideration. !;: I Mj rns cf f-jvy
67. By Bynitm J. State end Jackson
vs. JUaUsby, An action can be main
tained by the clerk of the Superior Court
in his own name against the sheriff's
bond, to collect bills of costs collected
by the sheriff; upon executions- but
which he failed 'toj?'a over. to the" wit
nesses and officers entitled, as "wetf for
the'y benefit -of the- -i-et&e ' bene
ficiaries .as ifo their clflrk-?; him
self. Especially,, is this so, where
the names of the witnesses &c., entitled,
and the amount due eacn,are set out in
the complaint. ' r:' ; ,. ... .:
68.' By 'BYNtrii J . r Wuxenfiiint vs.
s Jones et. als, , Where, both- the -plaintiff
and. the defendant claim under the same
person, it is not competent for either to
deny that such -person had title. The
defendants may show that they have a
better- title, in ..themselves than the
plaintiff, but they can not set up a title
hi a third person. -
VV here, some of tne defendants, who
had originally come into possession as
tenants of the- plaintiff, attorn to their
co-defendant they .are not entitled to.
notice to leave before suit brought.
in as action lor tne recovery of the
possession of land and for damages for
its wrongiui detention, the damages are
not "restricted to the time of the
commencement of the ' action but
bhould be assessed up to the trial.
The only difference between the aotion
of trespass, for mesne profits under the
old system, and the present action .un
der the Code, is that in the former
practice the writ did not lie till the land
bad been recovered in an action of eject
ment, under the present system, the
plaintiff can recover possession ef the
land and damages for its wrongful de
tention in one and the same action. ' By
either system, damages for the deten
tion of land are recoverable for the time
the plaintiff is kept out of possession.
VV here the plaintiff, under a misappre
hension ef his rigfcts, directed the ten
ants to pay the lent of 1869 to their
co-defendant, this was an assignment
of the rent for that year, and he caunot
reeover it back. Where tenants pay"
the rent to their co-defendant, the land
lord, the latter is primarily liable to the
plaintiff therefor. . : . ... . .
. tsa. uy r aircloth, J. uuv or WU-
mington vs. Nutt. The act of 1868 C.'
U. Jf . sec. 161 requires a Ulerk or the
Superior Court to - execute' a bond con
ditioned "to account for &nd pay over
all monies received, Ac, and to faith
fully perform the duties of his office as
they now are," or thereafter shall be pre
tm'feci by law." The defendant execu
ted such bond 31st of Aug., 1869, as
Clerk of the Superior Court of New
Hanover. The Legislature, by a private
act ratified 21st Dec, 1870, made it the
duty of the UlerK of Jew Hanover Su
perior Court to issue Inspectors' licen
ses and i receive the fees therefor.
Held. The bond ' is responsible for his
failure to pay over the license fees so
received. , ,
70. By Faircloth, J. State vs. James.
The verbal order of a magistrate is not
sufficient to authorize an officer to put a
defendant in jaiL whether made before
or after an examination, and an officer
who obeys Such verbal order is liable in
an action, for false imprisonment. An
officer; after an arrest, may detain a
prisoner in custody until a convenient
hour for trial, or for other reasonable
cause.
71. By faircloth, j. btate vs.
Krider, An - indictment for stealing
"five fish, the goods of &o." is fatally
defeetive if the bill fails to allege that
they were "reclaimed, or confined, or
dead and valuable for food or other
wise." v Such defect can uot be cured
by evidence.- Where there are two de
fendants .it " Can not be permitted to
procure a bill by examining each as a
witness against the other, before the
grand jury.
MEXICAN WAK PEXSIOXS,
Speech of Hon. Joseph J. Davis.
(From the Congressional Record, March 1.)
The House being in Committee of the
Whole (on Feb. 27,) and having under
consideration the bill (H. R. No. 257)
granting . pensions to certain soldiers
and sailors of the Mexican and other
wars therein named
J Mr. Davis of North Carolina, said:
- juj", vhairman : it is to me a matter
of very great regret that a subject in
volving the interest of so large a class
of people as this bill affects cannot be
considered in this House save in a par
tisan aspect. There are so many good
reasonswhy.this bilLshould pass- that I
would be glad to see it go through this
House by a unanimous vote - without
any- discussion.- I do not propose to
speak now of the obligation under which
the Government rests to provide for the
comfort, in old age, of those men who
in ttmes-tof peril voluuteered their ser
vices and subjected themselves to the
dangers of the battle-field to preserve
and protect the honor of the country.
The'discbarge of this obligation alone
a debt of gratitude should, it seems to
me, prompt every .just and generous
man iu this Hall to vote for this bill.
And even if we are not influenced by
this consideration there is another rea
son which addresses itself to all time
and is founded in the sympathies of
men. I know very well that gratitude
has been defined to be a recollection of
past favors inspired by an anticipation
of favors to come; but I recognize no
such narrow definition of this, one of
the noblest sentiments of the human
heart. . But even with this definition,
if we believe that a republic should find
its safest and surest support in the vol
untary efforts of its citizens, that in all
times of trouble the public heart should
be the rampart of our libertiesj there is
a reason above mere gratitude why this
bill should pass. ' : . - - : i i
What, Mr. Chairman, is the peculiar
characteristic which distinguishes orr
institutions from thocie of monarchical
governments? In monarchies standing
armies are 'necessary; despotisms are
supported by standing armies; but that
is not the case iu republics. I do not
desire to say anything unkind of our
standing army. 1 would not utter : one
word in disparagement of it. To some
extent standing armies are necessary
even in republics. Iu our country
recognize the necessity of a standing
army to guard and protect the forts,
and arsenals, and other public property
as well as to guard and protect the In
dian frontier, but in times of danger and
trouble to the Republic we must look to
the hearts of the people if we wish to
have our institutions remain .as they
were founded by our lathers in the love
and respect they had for -them. Our
volunteer proved equal to all emergen
cies inthe'war of 1813 and in the Mex
ican: war, -.and we were all witnesses ' of
their valor iu the late, war between the
States, and I desire to say" that if the
, time cMfer shall c-he .whea,qur liberties
An t 1 U -l. T.. .. .
if the time shall come - when our people
shall so lar lose sight ot the tree princi
ples . upon which, our institutions are
founded as not to care whether they
live or perish, then' the time for despot
ism win nave arrived and we shall cease
to be a free people.
I Now, looking at it i n- this aspect, and
desiring to inspire and keep alive this
spirit, what should be the policy of the
Government toward those soldiers who-
volunteered their services and risked
their lives in defending the country ? It
should be an assurance that in old age,
when helpless and worn out, they shall
not be neglected by their country, oir.
we have pension laws which provide to
some extent for the soidiers of the war
of 1812, and for the invalid and disabled
soldiers of the Mexican war, and for the
invalid . soldiers of the late war: but
these laws are partial in their operation,
and to give them just force the repeal of
section 4716 of the Revised Statutes is
necessary; this bill repeals that section
I am for this bill because it says to the
soldiers of the war of 1812, "You periled
your lives for the nation, and all shall
stand side by side so lar as the beneuts
of the Government go." I am in favor
of saying to the soldiers of the Mexican
war. "You all fought in one common
cause, and whatever may have been the
difference in the Union since then, they
are blotted out, they are behind us, they
are not now before us or to be consider
ed, and we will make no difference be
tween those who fought on one side or
the other in the late war.
: Here follows an admirable argument
in support of this view, which for want
of space, we are compelled to omit.
Ed. News.
".r The gentleman from Ohio
f Mr. Garfield the other day took the
Jpains-to remind us and he was exceed-
inelv kind and generous, as is the gen
tleinan irom v ermonu : ana t una it
curious to observe that all these men
pi otest that all they say and all they
do is in a spirit of great kindness and
love and reconciliation, and covered
bv trie - broadest nanoplv of charity,
ISirt I do not like Joab's reconciliation
Joab saJa to Amasa, ."Art tnou in
health, my brother?" and then, under
the cover of a perfidious embrace, he
stabbed him to death. I do not like
that reconciliation which is constantly
reminding southern members that
they have been traitors, und charging
them witn ail sorts or crimes.
Even-a question of contract cannot
be discussed without grave charges,
and we have, in addition to other
charges, heard the gentleman from
Michigan characterize all the southern
mail contractors, now asmng for pay
for carrying mails before the war, as
thieves. I have time now only to say
if the gentleman knew those people he
would at once recognize the injustice
of his charge. I Know many ot them
and they are as honest as any men in
this land.
Sir, I want no such insulting utter
ances as those when gentlemen come
to me and talk of reconciliation,
want reconciliation, but 1 want it in
fact. I want all these by-gones to be
by-gones in name, in deed, in fact, in
heart, in action. Why, sir, the gen
tleman from Vermont, who spoke the
day before yesterday, used this lan
guage: '
I am ready to bury the hatchet and
let bv-gones be by-gones. It
is not my purpose or desire to utter
word which can offend the most sen
sitive ear or to revive or stir up any
feeling of bitterness between the peo
pie of the North and the South. ' tv
And yet if I ever heard more bitter
ness, more venom than pervaded that
speecn, i am not aware or it. it does
seem to me the gentleman's pen, when
he wrote it. was a viper's fang, and his
ink the tiger's gall. And yet he talks "
or love and letting by-gones be by- '
gones. Why, sir, when 1. ead that, ',
for I did not hear all his speech. I ..
thought if there was not, in view of -all
the hard feelings which pervaded
it, a blush upon the gentleman's cheek. ,
it was because the Mood at his heart
was too cold to send out warmth tov' f
the surface of the skin. ""- "v-1
I must hasten on, and I desire to Cot- "
rect some of the statements made by -.
the gentleman from 'VexmontMf.:) .
Joyce) the other day. ." Among1 other ; jv.
things, he brought ,in the condition, of ;jrj
affairs in Louisiana.; J. ow, if his argu- t
ment has any force at all, it is this:. (
you all engaged in rebellion; you, were
all guilty of treason, and we navecon---,,
doned your treason. Anderson, Wells, j;
or any other villains who desire to do .
so, may forge and perjure themselves
just as much as they please, and you
must not say anything about it, because t
we have overlooked your rebellion and-" -
pardoned your sins, i-v wot
une of these parties is a -man of -
whom General Sheridan said that he "?
had not an honest man among his
friends. Now, is it not rather grange
that men like these have So many .,
friends upon this floor ? "' " ' ..."
'ine gentleman from Vermont said,
in speaking of Louisiana, that no Re- , :
publican speaker could go down 'and,'
organize Republican clubs in that State
or make Republican speeches without
disturbance and danger, and that there "
was not a htate south of ; Virginia
where a republican could do that with- .
out molestation.' I desire to say. to 'the. ;
gentleman from Vermont that when
he states these things as facts he states :
them in passion and in utter ignorance
of the truth. I say to him if he will
come down to North Carolina he will
be heard all over the State if he desires , ".'
it; but if he shall make .the' sam. .
speech down there that he made hertf
the other day, alt the Republicans,
white and black, would think that he
was crazy. Laughter. 7 'i"v-ZT
t he two candidates for governor last u.
election canvassed the, state of North '.
Caroliua side by side on the same stump,
from the mountains to the seaside. In -i
the canvas of 1874 1 and the republietju.
caudidate opposed to me cauvaBiied tuo.;.j
whole district together, in djw.o mj r.
competitor, an internal-reveniiotoliear:i
tor ot the Jb ederal Ooverpwtjntj wifib.atr a
the patronage of the Federal Gotenn- ;.t
raont to help him, and myshlf spoke: on i
the same day throughout the canvass, to '
white and black, democrats and repub-.
licans, and there was i no disturbance.
And when the gentleman from Vermont ' '
says that the republicans cannot orcan- .
ize down there or make republican
speeches he speaks in utter ignorance, ;
and 1 can assure- him that he was mis- -'
taken in what he said;
Now one word more. I desire this '
bill to pass, and I appeal to every man
who has a heart in his bosom and who '
does uot desire to keep up strife, to help :
break down the barriers which the gen- v
tleman from Vermont says he desires to -1
keep up forever and to transmit to his '
children. " " , .
I would rather be the humblest soldier,
and totter into iuygrnVe poor and help- .
less, than to por-ios the heart of tUe
man so relentless and o mali-ma-"; as -
the nation in the war ot IS 12, tne second -war
for independence,' "Stand aside, thou
unclean thing, thou rebel; none of the .
benefits of this Government shall be
thine." - "
The bitter words "rebel" and "trai
tor" seem to be sweet morsels rolled ,
under the' 'tongues of gentlemen
on the other side of the House,' who
seem to be laboring under the-iwild
idea that the people of the "South are
going to get control of this Govern-
ment. I say to men of the NortM and
West that they do themselves tfreat
injustice when they assume that we
of the South aspire to control , this .
Government. They say we did CQiItrolr
the Government from the foundation.''-'
down to I860.' But that is not true ;' ;
we never had a majority, and now. wo :
only amount to one-fifth of the popu
lation. Why will you insult your- '
selves by such implication or degrade s
yourselves by saying that a pitiful
minority of one-fifth are about to fix
manacles on your t limbs. The gentle
man from Vermont says tnat we are
forging political fetters for their limbs,
and, like all the other assumptions he
has made, it has no, foundation except ,
in his visionary brain and distempered ,
mind,
Whaf nprtrsln of the Rrtnth fvf at
tempted to interfere withthfe affairs
of the people of the West'Of North, or
to exercise control in the ttdrninistra-
tion Jof their law;s? I defy them to :
show anything of the kipd, and I say
to them: "Do not be uneasy; your
fears are groundless. All we have
asked for since or before reconstruction
is that' we shall be allowed under the
Constitution to manage" our own af-,
fairs; that' is all we ask for now." i
Hon. Thos'. 8. Ashe.
(Eockyko'unt Mall)
When, in ouX issue of 8th inst., we
mentioned thfename of .Mf. Ashe as a
suitable man to be placed - on the presi
dential ticket "of ,1880,'w .were influ
enced to do so.mcire to ihowiour appro- -ciation
of the man than otherwise. )
Since then we notice that?: the Wades
boi o' Argus and Wioa 'Advance make
favorable mention of his name in con-1
nection with the nomination upon our t
ticket forgone of the. Supreme Court
Judges. Their suggestions , are emi
nently wise. There , ha been no name
mentioned in connection with the high;
and responsible place of Supreme Court
Judge that would in our opinion add -so
much strength and dignity .to our I
ticket for Judges -to fill the Supreme
Court bench as the name of Thos. S.:
Ashe. M',';"-iV
A Fact Worthy of Note
Is that the National Hotel is the.
most desirable place in the city of Ral
eigh at which a traveler can stop, what
ever his avocation in lifemay.be. The
drinking water is by far superior to any;
in the city. .. The' xpoms i,are. all nicely;
furnished and well ventilated. . The ta
ble is always filled with' the, best the
market affords, and prepared by a cook
of twenty years experience. The Stew
ard, Mr. Powers, of New York, hasn't
hisjuperior in the State. TLe terms
are only $2.00 per day and the proprie
tor is always willing , to make special
rates. All I want is a trial and 1 will
insure satisfaction.
C. D. Osbokn, Proprietor.
' ' . i ' .
For Beat. , j v.'t ;
A neat cottage with - four rooms and
kitcheni Apply to Mrs. L. S. Perry.
' -"'. " ' ma2-3t-
"- . :-? J ,i'V