The News and ObEssyer.
VOL. XXXIX. SO. 72.
TMIiE [LftGSffIEST ©OOBSIUIU&TOKI ®F AMTf RjQL-fIHTrDO OfciM I.iiGM (MOOT,
NEW3ERN WftS CHOSEN
THE NEXT PLACE OF 'IEETI’.G
kOR THE PRCSUYTERUJf
SYNOD.
AND NOVE3IBER 10,1896, THE TIME
Popular Ueeting and Strong Sp ; eclies
ia the Interest of Home Mission*-- A
Collection Taken Up Amonatiug to
Over s7oo—CouimitteeN Report on
the Appeal from the Orange Presby
tery—Statistical Report and Four
Memorial .sketches.
Special to the News and Observer.
Fayetteville, N. 0 , Oat. 25.
Last night the Synod engaged in a popn
iar meeting in the interest of home mis
sions Sant. W. M. Black read the
annual report, and soul-stirring speeches
were made by Rev. O. W. Robinson,
grandson of ;he first pastor o“ the
church here, R W. Hines, M. O. Ar
rowood, Jones Barclay, B. Soulier and
Rev Dr R. F. Campbell. A collection
was taken am un ing to over S7O ).
The committee oa the a>p.*al ease
from Orange Presbytery made the fol
lowing report which was adopted aud
the judgment of the committee entered
m the judgment of the Synod:
‘•lt appears that the appellant in this
ease was indicted by the (Tanga Presby
tery, which a-sumed jurisdiction in re
spouse to a reference by the session of
Bethel church, for slander. He was
fonad guilty and the sentence of pnblic
admonition' was inflicted An appeal
was taken to r he Synod on the ground
that the Us imouy did not .warrant the
jadgmeot of the Presbytery and the
farther groun 1 of manifest prejudme.
The record of the case was read. The
appellant heard through Rev. W. R.
Oopped-re and the appellee was heard
through R-v. W. E S Campbell,
by appo n ment of O ange P.e<bytery
The appellant was heard in conclusion
Then the r >ll was cadod a id members of
the commissi? n espies e l their opinions.
Then the vote was taken and resulted as
follows: 13 to confirm t s e judgment of
the Presbytery, and 2to confirm in
part. Ihe committee adjourned with
prayer ”
Toe Synod mat this morning and was
♦onat tute i wi 'h p.ayer by Rev J, B
Margin.
The statistical report was presented
and showed the following facts: Four
ministers died during the last year;
whole number of Presbyterian ministers
in the State one huudred and forty-four;
number of ehu ebes 539; candidates for
tho ministry 77: communicants in the
State 80,292; contributions for all ca -ses
$31% 200; members added to the church
dnriug the last year 2,904; churches or
ganized 7; evangelists in the State 15;
mission ries in foreign fields 0; number
of counties with no Presbyterian church
in them 20.
Memorial ske’ch -s of the four minis
ters who di d were read, v : z: Rev. A. L.
Crawford, Rev. T N. Faneette, Rev.
Robt. Bar well D. D , and Rev. J. P.
McPhe s m
Nawbern was as the place for
the next meeting of the Synod, and
November 10, 1898 a3 the time.
R*v Jam s Barclay introduced the
following r solution, which was adopted:
“The Bynod will end© >vor to conduct
aa erang* list c campaign in Albemarle
Pi esbytery for one week p ecedmg the
next meeting of the Synod in Newbern,
each member giving a week’s time to the
•tort.”
By a Hoanimous vote the thanks of
she Synod were heartily returned to the
people of Fayetteville for their hospi
tality, to the raiiroods for reduced rate*,
to the press for its in reporting
the meetings.
A BIG FIRK IV AUGUSTA.
Lo«< Already f 150.090, and ihe
Flame* are Still Raging
Augusta, Gh., Oct. 25 —The immense
Umber p’aut of Jesse Thompson & Co
w& to day entirely destroyed by fire.
The Are department is unable to handle
the flames. Alt dwellings in the vicinity
are now on fire. I is not by any means
uder control. Loss between fifty and
one hand red thousand dollars already,
«nd the fire Is m iking rapid headway.
Another Whiskey Trust Formed,
Nhw York, Oct. 25—A combination
has f irmed between all of the im
porUnt distilling interests in the country
to regulate priv -s and production of the
good*. In the agreement, which includes
99 per cent of the entire output, the
American Spirits Manufacturing Com
pany is allowed 72 per cent aggregate.
This is a greater a lotment than has been
anti ipated when negotiations were be
gun severs 1 m m hs ago.
The World’* Wiug liampion-hip.
Baltimore, Oct. 25.'—Fred Gilbert, a
diw k horse in the race, who hails from
Spirit Lake, lowa, won the Dupont Cup,
the wing championship of the world and
a purse of $5,000 in the pigeon shooting
tournament which came to an end th s
uve ing. Gilbert never e t red a tourna
ment in is life, but he shot like a
veteran.
A Postal Clerk iu i rouble.
Washington, I). C., Oct. 25.—The
Poet-office Department has been in
formed of the arrest of Tully B. Powers,
late a postal clerk on the route between
Greenville and Col mbia, 8. C., for
stealing regist red mail. He wax he'd
in SSOO bail.
FOR FISH COMMISSIONER.
Dr. Capehart, ot Avoca. Prominently
Mentioned for she Pla e.
Special to the News and Observer.
Washington, Oct. 25.
Ir is Dr. W. R. Uapehart, of Avoca
near Edenton, IS. C., who is mentioned
for Fish Commissioner. He is very
highly endorsed and is a mm ot prac’ical
experience in the work. He is largely
engaged in the fish badness and is per
sonally acquainted with most of the
wholesale sis i dealers along the Atlantic
coast. He understands the commercial
features of both coasts better probably
than any other man menuoned in this
connection. He operates at home, on
the Albemarle sound, one of the greatest
fisheries in His seine is
drawn by two steamooats, and in the
shad season is laid and pulled with clock
wotk regularity every six hours, six days
in the week. In addition, he has been
engaged in prac ical fish culture as long,
probably, as any other man in the couu
try.
Superintendent Stephen G Worth, of
the Fish Culture Station here, says of
him:
‘ Dr. Capehart is one of the m st ad
mirably qualified mea for Fish Commis
hiontr to be found in the United States
His intellect is brilliant and his alert ness
and penefrarim remarkable. He is of
lightning rapidity in sizing upon a sit
uation, and directs all kinds of meebani
cal, agricultural and fisheries work with
accuracy *nd pushes it forward with en
ergy. No man has a readier knowledge
of the techn qne of the fishing industry
He is a master of practical fish culture.
“Dr. Capehart started a hatchery for
shad with private funds in 1876 He
foresaw the value of artificial methods
and anticipated State action by two
years. The shad at his Sutton beach
seine only averaged 29,000 before he
started his hatchery, but iu 1888 an in
crease was noticed, and since that year
he has never caught less than 60,000,
some years the number reaching 100,-
(>CO His fish are packed in the most
admirable manner, and dealers always
know what to ex >ect from his shipments
before they sae them.”
The name ot Dr. Capehart being
urged just at this time when several of
the old candidates are withdrawing from
the contest, makes him a very promi
nent candidate.
* * *
Mr. D. S. H ove’’, who was so seriously
injured on Tuesday morning by running
his bicycle into a street car, has regained
consciousness and his physicians think
now that he may recover. He is still
blind but his face is so swol en that the
physician can’t tell for certain whe her
one or both of his eyes will be lost.
* * *
Miss Nannie Diuwidde, of Raleigh,
stopped over a day in ' Wa*hingt/.>u ai
Dr. G W. Sanderlin’s en rou e to Phiia
delphivwh ie she will visit friends.
Mr. H H. Powell, postmaster at Aber
deen, and a prominent lumber dealer ot
that place, is in Washington on business
Mr. Henry A Grady, son of ex Con
gressman Grady, of North Carolina, re
turned to Washington yesterday from
Alaska, where he accompanied a party
from the geological survey.
Dr. S e ling Ruffin is confined to his
room with a very painful foot, the result
of an accident, and is ÜBable to walk.
Lieut. Col. D P. Heap, corps of en
gineers, is in the city on his way to Wil
mington, N. C., where he has been
assigned to duty.
Arrival*.
Miss Laura Little. Charlotte.
Mr. John Little, Jr., Charlotte.
THE DURRANT MURDER TRIAL.
Gen Dickinson Made the Opening At
gunient lor the Defease.
Fan Francisco, Cal , Oct. 25.-- Gen.
Dickinson made the opening argument
for the defense in the trial ot Tfcieodore
Durrant to-day. He spoke from morn
ing until night and then announced that
be would not conclude bis argument un
til t e court met next Tuesday.
Dickinson’s speech was in the nature
of a surprise from the fact that he did
n»t a tack the integrity of the prosecu
t-on’s witnesses or denounce the methods
of the police as Attorney Duprey inti
mated would be done in his opening ad
dress to the jury. Nevertheless it is
generally conceded he made the most of
wbat is co sidered a weak case.
He based his whole defense on the re
liability of tbe Toil call, which shows
that Durrant attended Dr. Cheney’s lec
ture en the afternoon of April 8, and
challenged the prosecution to prove that
the call was incorrect. Mrs Leake aod
Mrs. Orossett, the two elderly witnesses
wnotesutied that they saw Durrant aad
Miss Lament near the church, were
treated gently.
Dickinson raid that while be believed
the witnesses told what they believed to
be the truth, he was convinced that their
minds had been worked upon by reading
ab ut the case. In support of this he
ci’td the fact that neither witness told
what she said <■ he knew about the case
until three or four months aftef the crime
tx>k place.
The testimony of Mrs. Vogel and the
school girls who swore they saw Durrant
and Miss Lament board a Powell street
car iu front of the Normal school, was
dispo ed of iu the same manner. Youth
a id old age, he said, the two period in
life when people were the most positive
inthtor statements and the most likely
to be mistaken.
North Faston, Mass., 0;t 25 - The
funeral of the late t-x Governor Oliver
Ames was held in the Unity Oburah in
thii plat: ai 2 * ’clock to day. The ser
vic ‘s re simple and unmarked by any
ostentatious features.
RALEIGH. N. C.. SATURDAY. OCTOBER 26. 1895.
AN ELOQUENT ADDRESS
PnoF. ALDE «M VN kPR VKS A V
ATLANTA UN HIGHER
EDUCATION.
RATIONAL EDUCATION CONGRESS
He Contrast* the Present Condition ot
the South With That Before the
War--Once the South Was Aristo
cratic in Government and Educa
tion, Now it is Democratic in Both--
The Restlessness ot the Masses-- she
Ideal Uoiversiiy.
Special to the News and Observer.
Atlanta, Ga , Oct. 25.
The National Educational Congress
met in the Auditorium at the Exposition
grounds this morning a' 10 o’clock, with
a large attendance of prominent educa
tors from all parts of the country.
The Congress opened with addresses
by the president of the Georgia State
Teachers’ Association, by the superinten
dent of education of Ge <rgi i, the chan
cellor of tbe University of Georgia, by
Professor N. wton 0. Dougherty, presi
dent of the National Eiucational Asso
c>ation; a paper on the “Training of
Teachers,” by F. W Parker, principal of
Cook county Normal of Illinois; “The
Relation of the Normal School to the
Public School,” by E O: am Lyte, of tbe
Pennsylvania State Normal, and an ad
dress on college degrees, by President
Georgia A Rarusev, of L uisiana.
At the afternoon session there were
two papers read, one on “Higher Educa
tion in the South,” by Prof. Edwin A.
Alderman, of tbe Uuiversify of North
Carolina, and one on “The System of
Education,” by William R Harper, presi
dent of the University of Chicago.
At the evening session at 8 o’clock ad
dresses were made by Commissioner W.
T. Harris, of Washington, and Hon. A.
E Winship, of Boston
Among the prominent N >rth Carolina
teachers present Pr *f. V- o b’e, of the
Uaiver-itv; Prof Ligiu D. 1L» ell nd
Maw s' Eliza Pool, I
Montgomery, ot the P.C gh Graded
S hools; (Dpt. C B. I) -n, of the
R deigh Male Academy, a d Pr *i isors
Pritchett aud Withers, of tin- North Oar
olina Agricultural aid Mceii ;•>. .1 Col
lege.
Prof. Alderman’s ad iress was a very
fine one, and was compliraoutrd by all
who heard it. He arid:
PROF. EDWIN A. ALDERMAN.
Out of the overthrow of an unique
and forceful civilization in the Southern
States there is slowly emerging a new
society
Under the stern pressure of necessity
this silent revolution has proceeded so
quietly and has been masked so skill
fully by the marvelous material resur
rection of a ru ned and conquered peo
ple that men have not marked the clash
ing of old idea's and aspirations an -i
modes of thought with the new strenu
ous influences of modernism and inno
vation. All the well known phenome
na of transition are in full play in
Southern life—the people as a whole,
incited by lack of training and conse
quent pov rty, {ires ing steadily toward
a wider life, but unable to distinguish,
in the general clamor, the guidance of
true wisdom from the voice of the slave
to his prejudice or his sect casting in
stumbling blocks, or tbe raw enthusiast
shouting panaceas and prophesying mii
leniums.
The direction and elevation of this
social new birth is the surpassing duty
and function of all educational f rees,
and more especially of the higher educa
tion in Southern 1 fe. Whetr.er there
shall issue fiom the conflict an en
lightened civilization blend ng the
lovableness and charm of the old »ith
the vigor and freedom of the new, or
some unhappy system made up of crudi
ties aud ancient prejudices is the task
set-for this generation of Southern
educated manhood.
Isolated, individual, conservative, the
South of the past held itself proudly
aloof from the ferments of modern so
ciety, went its own way and crea ed its
own dominant, dramatic order.
This order was a system of contrasts
and lights and shadows. It produced
neither wealth nor letters. It dishonored
labor, arrested immigration, minim zed
invention, unified industry and exalted
caste. The academies and private
schools of the time conducted by
scholarly and devoted men were n urnor
ous and effective, indeed almost perfect
instruments for the purposes of the time,
but the common schools, branded with
the burning badge of pauperism, could
net thrive. Yet there issued from this
order the smallest, thealertest, the most
powerful political force in Christendom.
The American Union had sprung from
their brains, had been maintained by
[continued on second rage.]
WEEKLY TRADE REVIEW
THE VOLUME OF BUSINESS 11AS
HARDLY FULFILLED
exfecp v rio.Ns.
COTTON SPECULATION A FEATURE
The Record-breaking Sales o! the
Staple and the Rapid Advance and
Heavy Decline la l*rtce Has Kept
the Market in a State ol Feverish
Excitement—Wheat Ha- Risen Three
Cents lor the Week-Good Demand
lor l*le Iron Continues.
New York, Oct. 25.— 1 t. G. Dun &
Co’s. Weekly Review of Trade, which
issues to morrow will say:
Ten days ago gold 'exports seemed
very near. B t tiio break in cotton
whie i then began ripened on Monday
into a collapse sufficient to justify hope
of a free movement. Hides have also
dropp d sharply at Chicago, leather is
weaker, and the adjustment of prices
to real in-tead of im ginary condi
tions pr grosses rapidly. Alrea iy
lower prices in iron have broug it
our, some important contract Laoor
difficulties, though including the
stri-e of many Pennsylvania coal miners
who do not seem to be succeeding are,
on the whole, of no serious im
portance. Money markets cause re
markably little Iroulbie, considering
the heavy movement o? products.
C *o!er weather has generally helped
retail trade and with increased consump
tion by the millions the way will be clear
for better business. Already payments
through clearing houses closely approach
for October those of the best year ia his
lory, though r* fleeting in part past
transactions, and new orders are still
much needed by the great industries.
The highest authority ia the trade the
Financial Chrouicle, stated last Saturday
that the cotton yield would not fall
below seven million bales, and receipts
thus far indicate even less decrease.
E lison’s estimate of the world’s con
sumption, 8,300 000 bales American, of
wuich 3,000,000 were carried over
September 1, does not favor wild fluc
tuations. Exports imorove bat little
because foreign stocks are so large, and
the lover prices give more confidence to
mills waiuh feared to purchase and man
ufaeuue when decline was reasonably
expected.
Wneat has risen 3 cents for the week,
although western r ceipts. 7.977 061
bushels for the week, against 5,059,787
last year continue unusually large
and Atlantic exports, includiug fl mr,
1,176.127 bu.she’a for the week, against
1,856 93.5 last year, and four weeks
5,784,007 bushels against 9,195,046 ia3t
year, show plainly a s’ack demand frr-m
abroad. Russia and Argentine are beta
moving freely. Nobooy can give a
reason for higher corn, aud pork declines
25 cents, lard 1 16, and hogs 10 cants
per 100 pounds.
Iron boasts som° good contracts this
week, one from Russia for several
months production of armor plate by
the Carnegie works, o re for government
appraisers stores here, and other for 2,-
000 freight cars, with prospect of as
many more. ■
Textile manufactures have been for the
moment disturb d rather than helped
by the decline in cotton, because it
checks buying of some fabrics with lower
prices for print cloths and prospects of
lower prices for other goods
Failures this week are 231 in the
United States against 231 last year, and
38 in Cauada against 52 last year.
Bradstrect’H Weekly Review.
New York, Oct. 25—Bradstreet’s will
to-morrow aa*:
The volume of general trade for two
weeks has hardly rescued expectation
aud now the character of be
tween seasons. Wholesale dealers in
seasonable staples, such as dry goods,
clothing, hats and shoes, report only a
fairly active business, exceptions being
at such places as New York, Baltimore,
Chicago, Kansas City and Duluth.
A noteworthy feature of the week is
the revival in demand for pig iron the
upward tendency in quotations of lead
ing cereals, and the liquidation in the
cotton market. Sales of cotton goods
have been helped by favorable weather
and ea-tero as well as southern mills
are well sold up.
Cottou speculation has been active and
excited, with record-breaking sales and
price declines iu all markets. The price
mid advanc d from the lowest point in
February to 9 l-8e (spot), a gain of
3 9-16a in seven months. Speculation
more than discounted improved trade
aud short crop estimates of prospects,
and the liquidation caused a do
eline of 7 Bc. Exports of wheat
(flour included as wheat) from both
coasts of ti e United States this week,
plus shipments from Montreal, show an
an increase over the total last week of
about 250,000 bushel*, due to increased
exirorts from the Pacific coast. Toe total
this week is 2 658.000 bu-hels; in the
week a year ago it was 3 853 000 bushels;
two years ago, 3 327 000 bushels, and in
the like werks m 1892 it was 4,078,000
bushels.
Sugar Drop* an Eighth.
Philadelphia, Oct. 25 All grades of
sugar dropp d an eight h of a cent to day
ou a'count of a dullness iu trade and
largo accumulations of refined sugar. Ir.
is rumored in this city to day that the
National Sugar Ri finery of New Yor»
will shut down on the first of November.
Very little sugar is being shipped west
by the eastern refineries ou acoouut of
the large quantities ot New Orleans
sug ir which can be landed iu the west at
much cheaper rates. Owneis of the
localrefii erieawi’ 1 - firmordeiy
the current rum<" o or more re
liners in this o“” ■ uose down on
the first of N
GOLD r; r ' A. i> ON COUNTY.
A Rich Y< - i O' ivered in Jacks n u
rib \vn*hip.
Special" jicv and Observer.
V L.3TON, N C . Oct 25.
A? ri o has been discovered in
Jte - ill’ township, Davidson county,
by N .7 L. lieed. A shaft has been
sullt !Y*ocn feet, and as much as 216
per " e.ghts has been found in one day.
The . ge-t piece yet found weighed 812
pennyweights.
Rev. R G. Pierson, of Asheville, the
widely known and eminently successful
evangelist, will begin a meeting of ten or
more days at Martinsville, Va , on No
vember 3.
News was received here last night that
W. F. Barnes, formerly of Salem, is
under arrest in Stoneville, N O. A tele
gram has been received there requesting
the officers to hold him till requisition
papers can be securer!. Barnes is wanted
at Fulton, Mo , under charge of forgery.
The Jenior Order United American
Mechanics in Winston-Salem are arrang
ing for a special demonstration on Nov.
2d by racing a flag over the Oentreville
public school. The schools of the county
and the friends of education generally
have been invited to be present.
There are 1 000 pupils attending the
white and colored graded schools in
Winston. Seven hundred of these are
whites.
Lexington was the scene of a romantic
marriage Thursday morning Mr. F. A.
Cross and Miss Emma Kanoy were the
names of the parties who fooled the
“old folks.” The event took place at
the home of a magistrate at 1:30 a. m.
The young lady attended church the
night before aud retired with her sister
About midnight she very quietly raised
the widow and stepped out to meet her
lover, who had already procured the
necessary license and was patiently
waiting near her home.
THE MARSHAL’S BALL
Mr. J. Crawford Bigg* iu Fitting
Term* Presents to the Chief Mar
shall, Mr. Rufus L. Patterson a
Handsome Cune--Pleasanl Speeches
Forty-five Couples Participated
Mr. Patterson as a Chief.
There has been ever since the first
State Fair a Marshal’s Ball on the Fri
day evefiing of Fair week, but ir cannot
be said >hat one more brilliant was ever
ho»a in the Capital City. The Marshal*
►were present wearing their rosettes, and
}he young women were go wned in the
handsomest evening drosses. Seldom has
there been gathered together
such representatives of North Caro
lina beauty and chivalry The German
was led by Mr Henry Miller with Miss
Siliie Kenan, of Wilmington, and the
figures, led by this skillful and experi
enced leader, were artistic in the first
degree. He was assisted by Mr. George
Graham, of Hillsboro.
At 11 o’clock Maj Samuel F. Telfair,
iu a few pleasant words, introduced Mr.
J. Crawford Biggs, of Oxford, who had
been selected on the part of the marshals
to present to their chief, Mr Rufus L.
Patterson, of Durham, a handsome gold
headed cane as a token of the r high
esteem and regard.
Mr. Biggs arose and paid a beautiful
tribute to the women of North Carolina
and to the State’s chivalry. He lauded
the State Agricubural Society for the se
lection of so excellent a man as Col.
Julian S. Carr, of Durham, as president,
and then in a pleasant and delightful
manner delicately complimented him
for his choice of such a
Chief as Mr. Patterson has made. No
Chief has ever done more or thrown
more enthusiasm into the work for the
good of the fair than Mr Patterson, and
his assistants recognized his ability and
anpreciated his sterling worth. Mr.B ggs
closed his run irks with a compliment to
the social success, and looking around
him said: “Never has there been as
sembled together in the State a more
be uti'i 1 repres*ntationol hei beautiful
women or chivalrous man.”
Mr. Patterson seemed deeply moved
by the feeling outwardly shown by the
marshals, and in a brief speech thanked
his assistants.
Mr. Patterson is a courteous and
courtly gentleman and has won the es
teem aud confidence of all with whom
he haR c »me in contact, and though they
wish him all joy it was the regret of his
many friends that in a fe v weeks he will
be disqualified for service in 1896.
Much credit is due to Mr. Patterson’s
selections of his assistants, for the good
order kept at the grounds.
The whistle of the 1 ader soon sounded,
II <y rood's band played “Dixie,” and the
hall echoed and re echoed with applause.
There was a certain sadness which tan
into the hearts o each one present when
the band played the first familiar strains
of Home, Sweet H ®s, and ma r .'y true
friends parted probably never to meet
again.
During the latter part of the evening
the rose if es bad been presented to the
chosen ones, and were worn by them.
Bullet, who has waited on the guests
of the Capital Club since its organization,
did him*elf proud this week, and has
been by small amounts presented with a
new suit of clothes.
Regular Friday Cabinet Meeting.
Washington, D. 0., Oct. 25.--The
cabinet held its regular Friday meet rg
at the White House to day. The Presi
d nt and all the member.* of the cabinet
• :oept Secretary Smith were present.
PRICE FIVE CENTS.
DOWD ON THE STAND
THE FU ION DIRECTORS SUING
FOR POSSESSION OF I'll E
PENITENT! \RY
PLAINTIFFS’ COMPLAINT AMENDED
And Judge Coble Rule* That They
Mu*t Pay the Cos* ot the Action to
Da'e-The Day Taken up With Ar
gument Between Connael— Late iu
the Afternoon Senator Dowd Get* In
a Few Word# of Testimony.
The trial of the quo warranto pro
ceedings, in which 11. C. D ekery and
the appointees of the last Legislature
sue for possession of the State peniton
tiary began yesterday
After the running debate on issues
and motions, by counsel yesterday, the
plaintiffs asked leave to amend their
complaint
Judge Coble allow, d them to amend,
but only after they had paid the costs of
the action up to date
The following are the issues to be de
termined:
1. Were the relators of the plaintiffs
or either of them, and if so, which of
them, duly and legally elected by the
General Assembly directors of the State
penitentiary.
2. Are they, or either of them, if so,
whieh, eligible to said offices.
3. Have the relators of the plaintiff,
or either of them, if so, which, duly
qualified as directors by taking the oath
prescribed by law.
4. Do the defendants or either of
them, If so. which, unlawfully hold the
office of directors of State penitentiary.
The twelve “tried and true,” who will
sit upon the case, are : J. W. Pegram,
J, R Walton, R E. Talton, E. P. Wiggs,
L. H. Wood, R. B. Todd, John W.
Smith, J. S. Lowry, J. W. Underhill, G.
G. Ferguson, W. A. Richardson, J. Wal
ter Collins.
All the morning the counsel on each
side cited authority and made motions—
and, most of all, “objected.”
Messrs. Shepherd aud Busbee, attor
neys for the defense, made these princi
pal motions:
“1 To dismiss the action on account
of the misjoinder of plaintiffs and de
fendants. as each plaintiff must recover
on the strength of hi own title, and be
cause eight plaintiffs cannot recover
seven offices.
And if court refuses to diamiss, then
that tbe action be divided so that the
respective claims of the plaintiffs be
severally tried.
“2. To dismiss the action because the
Board of D rectors of the Bcate peniten
tiary is not made party to this action.”
Judge Cobh. 07er ruled both motions.
The attorneys for the plaintiffs at
tempted to introduce a primed copy of
the House journal.
The defense objected, aud sho wed that
almost ou every page of the printed
journal there were g.ariug errors, and
that it by no means corresponded with
the original in the Secretary of State’s
office. The journal of the Senate does
not even show that this penitent ary act
was ratified.
Judge Coble ruled that the plaintiffs
could only introduce certified copies of
the journals as evidence.
One authority after another was cited
by each side enough to make a young
library of sheep skin volumes. The
Meares Cooke case and the “mortgage
law” decirion were most frequently re
ferred to. And the “inability to go be
hind the ratification” bobbed up time
and time ag ;in.
State Senator Carey Dowd, of Meck
lenburg, was put on the stand in th©
afternoon.
He sat in the witness chair for hours,
while the lawyers were fighting over
the admission of his evidence.
Tne defease was trying to prove that
the act creating the new penitentiary
board of directors was passed after th©
directors were elected.
Judge Mcßae referred to the Cook vs.
Meares decision, saying that “we must
presume it was rightly done, that tbe
ratification took place before the elec
tion. Why, those very questions were
discussed before the Supreme court in
the Assignment case. We stand by the
journal, as the official records.”
Judge Coble: “I do not think that
they followed the journal, for the jour
nal showed that the act was tabled.”
At last, late in the afternoon when the
sun was getting low, Senator Dowd was
allowed to put in a word or two of testi
mony.
He said he was a member of the Sen
ate, and was present the morning of tho
last day of the session, March 13tb, 1895.
According to his recollection, no bills
were ratified that morning
Cross examined: “According to the
best of my knowlege and belief no acta
were ratified that morning.” He said
he was a member of the Senate commit
tee on enrolled bills, through whose
hands all bills paused before they wera
enrolled.
Aud this was all he was allowed to
say.
The Fu*l«ni*t* Alter Scalp.
Now it is said that the prominent Pop
ulists are declaring that thue can be no
such thing aseo operation m North Car
olina unless Settle is squelched. That
has been the talk this week among sev
eral of the Populist and silver Republi
caiis, who came to the Fair. Settle is
out of liue with the Mott Butler-Harris
free silver idea, aud he will rot bo toler
ated, I ut the silver fusion machine will
grind him to fragments if it can. The
edict has gone forth.