The Weather Today: FAIR. The News and Observer. VOL. LIII. NO. 83. 1 ILssnOs .fflOD KluDipftDn ©ffiroDßun® EPaijpocps Bdd EteftttD Kl®w® aioodl ©BreoflDsrSß®® VENEZUELA'S SPINE BEGINNING 10 CRACK, The People Ask Castro That tfoweti be Given Full Powers. READY TO YIELD TO FORCE Balfour Declares a State of War Exists—Our Vessels Will be Treated as Those of Other Neutrals —This Government Will Not Resist the Blockade. (By the Associated Press.) CARACAS, DEC. 17—INDICATIONS HERE ARE THAT VENEZUELA WILL YIELD TO THE DEMANDS OF THE ALLIES. THE LEADING CITIZENS OF CAR ACAS HAVE ADDRESSED A JOINT NOTE TO PRESIDENT CASTRO ASKING HIM TO GIVE FULL POW ERS TO UNITED STATES MINISTER BOWEN TO EFFECT A TERMINA TION OF THE PRESENT DIFFI CULTY. “The Moment to Yield has Arrived.” (By the Associated Press.) Caracas, Dec. 17. —A joint note was transmitted to President Castro at one o'clock this afternoon. It is signed by all the leading merchants, bankers and agri culturalists of Caracas. It reflects truly the concensus of current opinion among the business element of this city. The men who signed the note will meet again tonight to discuss ways and means in ob taining money with which Venezuela can meet her obligations, as well as the guarantees which it will be possible to offer to creditors. The note is as follows: “Caracas, Dec. 17, 1902. “To the President of the United States of Venezuela: “Sir: —The undersigned having met with the purpose of offering their aid to the government of Venezuela in the present conflicting situation, which has been cre ated by the aggressive attitude of Ger many and Great Britain, and upon your request to give our opinions in writing, we address you in the following terms: “In view of the acts of violence al ready committed and of the absolute im portance of Venezuela to meet force with force in response to the allied action of Germany and Great Britain, in view of the fart that Venezuela has exhausted all the means required by civilization and diplo macy to put an end to the present sit uation, and the government and the peo ple of Venezuela having complied honor ably and worthily to the demands of na tional honor, we consider, with all duo respect, that the moment to yield to force has arrived. “We, therefore, respectfully recommend that full powers be given to the Minister of the United States of North America, authorizing him to carry out proper measures to terminae the present con flict in the manner least prejudicial to the interests of Venezuela.” The note is signed by about 200 promi nent citizens of Caracas. Castro's Proposal Inadequate. (By the Associated Press.) Berlin, Dec. 17.—Germany considers that President Castro’s proposal to arbi trate is inadequate, unaccompanied as it is with guarantees to pay if the arbitra tors decide against him, and a reply in that sense has been or will be sent through Minister Bowen. Great Britain will make a similar answer. These state ments are not made officially, but are derived from an excellent source. The Foreign Office here denies explicit ly that the German squadron in Vene zuelan waters has orders to seize Mar garita Island, adding that no occupation of the territory of Venezuela will occur. The Foreign Office officials allege that a systematic effort is apparently being made to represent Germany as the pro pelling rower in the coercion of Vene zuela and as being responsible for all the harsh measures. For instance, they say, the bombardment of the forts at Porto Cajmllo is ascribed to German initiative, whereas the Foreign Office officials say without reservation that the bombard ment was at the British commander’s suggestion, the Topaze being a British ship. The German commander partici pated in the firing as a loyal ally. Italy’s Minister Leaves Caracas. (By the Associated Press.) Caracas, Venezuela, Dec. 17.—The Italian Minister left Caracas this morn ing. At 8 o'clock Minister Bowen wont to the Italian Legation in a State car riage, accompanied by Secretary Russell, and took the Italian Minister, Signor de Riva, and the Italian consul. Signor Gazzurelli, and conducted them to the railroad station, where they were met by the leading Italian residents of this city. Mr. Bowen then accompanied the Minister to his car, shook hands with him, and handed him papers and cigars for his journey to La Guaira. The Venezuelan newspapers still are ig norant of the fact that the Italian Min ister presented an ultimatum to the Venezuelan government yesterday at ternoon, and therefore there were crowds at the railroad station and no hostile demonstration. The city is quiet today. Will Not Eesist the Blockade. (By the Associated Press.) Washington, Dec. 17—There will be no effort on the part of this government to resist a war blockade of the Venezuelan coast as against merchantships. Custom requires that due notice shall be given of the blockade, and that fact, taken in connection with the declarations that have been made in the British Parlia ment by the authorized representatives of the British government, will, it is un derstood, be sufficient to justify all neu tral nations in the understanding that a state of war does actually exist. This might, in the end, require the issue of a proclamation of neutrality by President Roosevelt, but this, it is stated, would not be timely now. NO FAVORS SHOWN OTJ& SHIPS. Formal Notification of the Blockade May be Issued To-day. (By the Associated Press.) Berlin, Dec. 17.—A formal notification of the blockade of the Venezuelan coast by the war vessels of the allied powers is likely to be issued tomorrow. It is understood that ships of the United States will be on precisely the same basis as those of other nations. BALFOUR BAYS IT IS WAR. And Neutrals are Not Consulted Under Snch Circumstances. (By the Associated Press.) London, Dec. 17.—1 n the course of a long statement in the House of Com mons today, Premier Balfour said there was no such thing as a “pacific blockade.” A state of war actually existed with Venezuela and an intimation of the block ade would be shortly given to the Pow ers. The Premier also said the opera tions were reluctantly undertaken, not to recover debts, but, after a long and patient delay, to recover compensation for assaults on British subjects and the seizure of British vessels. Mr. Healy, Irish Nationalist, asked if the United States assented to a blockade which would exclude United States ves sels, Mr. Balfour replied: “Neutrals are not consulted when you are in a state of war with a third party.” “Is war declared?” asked Mr. Healy. The -Premier replied: “Does the hon orable member suppose that without a state of war you can take vessels and have a blockade?” After reiterating Lord Lansdowne’s brief statement in the House of Lords yesterday, the Premier continued: “The blockade will be carried out by Great Britain and Germany along differ ent portions of the coast, and though the two fleets will have the same objects they will not act as one force. We never had any intention of landing troops in Venezuela or of occupying territory even temporarily. We do not think it desira ble on either military or other grounds. All the conditions governing such a blockade have been carefully considered and will be published in due time for the information of neutrals. The government are most anxious that these operations, the necessity for which we deeply regret, should be as little convenient to neutrals as they can possibly be made. No dif ference will be made between the ves sels of the various neutral powers. I think it is quite likely that the United States will think that there cannot be such a thing as a ‘pacific blockade,’ and I. personally, take the same view. Evi dently a blockade involves a state of war.” Mr. Balfour concluded his statement with saying he could make no announce ment as to whether the offer or arbitra tion from Venezuela would be accepted by Great Britain. Italian Cruiser Ordered to the Scene. (By the Associated Press.) Rome, Dee. 17.—The -Italian cruiser Agordat has been ordered to proceed to Venezuela. ORDERED TO AID BOWEN. Torpedo Boat Destroyer Goes to Caracas to Serve as Dispatch Boat (By the Associated ress.) Washington, D. C., Dec. 17.—The fol lowing cablegram was sent today by tho Navy Department to Admiral -Dewey, in command of the combined fleets, ad dressed to San Juan: ‘Send competent officer with dispatch in torpedo boat destroyer or other ves sel to Caracas as assistant to American Minister.” The following cablegram also was sent to Commander Diehl, of the Marietta, now lying at La Guaira: “Send Van Duzen (executive officer of the Marietta) as assistant to the Ameri can Minister temporarily.” The officer from Dewey’s fleet will re lieve Lieutenant-Commander Van Duzen, who is only an hour distant from Cara cas, when he arrives upon the scene. It was stated at the Navy Department, that one reason for sending the officers to Caracas was the fact that Mr. Bowen is almost overwhelmed with the amount of work imposed upon him by his many charges. He has nearly all of the English residents in Caracas domiciled in the American Legation and is feeding them from his own table. As to the torpedo boat destroyer, it is pointed out that it will serve as a dispatch boat to keep Mr. Bowen in touch with the nearest cable station to La Guaira which can be re lied upon to transmit messages to Wash ington «n case the La Guaira cable is cut as an incident to the blockade. No further orders than that noted above went forward to Dewey today but Secretary Moody expects to have ready by tomorrow his order for the distribu (Continued ou Page Five.) RALEIGH. NORTH CAROLINA, THURSDAY MORNING, DECEMBER 18, 19o'l r -‘ CELL FORJHE LEADER Sentence is Pronounced on Cherry Tree Swindlers. Rev, T. Bright Must Pay SI,OOO and Spend Four Months in Jail —Fines Imposed on Others. (Special to the News and Observer.) Charlotte, N. C.. Dec. 17. —The famous Amos Owens Cherry Tree swindling case came to an end in Federal Court today when Judge Boyd pronounced sentence upon the several defendants. Vigorous appeals was made by counsel for the de+ fonse for a further stay of proceedings* but Judge Boyd declined. Rev. T. Bright, the main spirit of the enterprise was fined $1,00<) and sentenced to four months in Rutherford jail. His brother, Dr, Frank Bright, had his case con-* tinued until the May term owing to tho serious illness of his wife, and he was released on $3,000 bond. C. D. Wilkio was fined $1,000; Geer and Rollins wore fined SSOO each, and M. C. Padgett was sentenced to three months in jail. More than a year ago the Federal Court imposed a unique sentence on those swindlers, re quiring them to refund to their victims $12,500. the estimated amount of their transactions. Five thousand dollars of this has been paid in*o the court, but the defendants could not raise thei balance, and hence the final punishment. All are prominent in Western North) Carolina. Nearly all of their victims were women. A YOUNG CAROLINIAN ARRESTED IN NORFOLK. Vance A. Montgomery a Young Man of Wil mington Convicted of Stealing an Over coat From a Pool-Boom. (Special to News and Observer.) Norfolk, Va., Dec. 17. —Vance A. Mont gomery, a young man 20 years old, who recently came to this city from Wil mington, N. C., was sentenced to four months in jail yesterday by Police J tice Taylor, charged with having stolon an overcoat belonging to E. R. Hurst, of No. 424 Poole street. The prisoner is a refined, well dressed young man and his general appearance is not in ’keeping with the serious accusation preferred against him and upon which he was found guilty. It is said that the prisoner is con nected with the best people of Wilming ton. So far as has been learned Mont gomery has not informed his relatives of his trouble and the authorities have not yet been communicated with in the young man’s behalf. MOONSHINE STILL CAPTURED. Court in all Nig'.t Setsion--Suit Against John ston Lumber Company. (Special to the News and Observer.) Washington, N. C., Dec. 17.—The largest moonshine distillery over cap tured in Beaufort county was taken in on Sunday by Marshal W. R. Jewell, near Blount’s creek. It was located in a swamp and no one was present when it was captured. It consisted of 150 gal lon still and worm, twenty barrels of meal and twenty sacks of meal- Jewell destroyed seme parts of the plant and took the other parts to New Bern. Court is in session tonight and also ■was in session last night, Judge Fred Moore presiding. They have been on one case since last Thursday and will bo on it all tomorrow. It is a suit against the Greenlcaf Johnston Lumber Com pany, brought to recover money for tim ber cut on land, and to recover land that the complainant says belongs to him. There are some points in the case that will test several State laws now in force. Rev. 1,. F. Thompson writes the Meth odist church stewards that he will be here soon and that be hopes that tho congregation will pull together and that tho bitterness of the recent controversy is all over. The Pearl Lund’s C o Busted. (Special to the News and Observer.) Charlotte, N. C-, Dec. 17.—The Pearl Lund Stock Company disbanded here yes terday. The play Monday night was a fiasco —a weird, cooked-un sort of a piece that killed a lot of people and owing to the shortage in the east, al lowed the murdered folk to re-appear in the most uncanny fashion. The failure of the company was so open and dismal it was seen that it would be useless to keep the opera house open the remainder of the week. “Our trouble began with me marriage of the soubrette and our star juvenile performer,” said Manager Robertson, “and then four of our ether players de parted Sunday, leaving us in a pretty bad way.” The remaining numbers of the, com pany will be in Charlotte for several weeks and will spend their time hero re hearsing with a view of strengthening their cast and going on the road again. Former Congressman Dead. (By the Associated Press.) Bristol, Tenn., Dec. 17.—C01. Abraham Faulkerson, former Congressman from the Ninth Virginia district, died at his home today, aged 70. He was a colonel in the Confederate army and organized the first company of Confederate infantry to go from Eastern Tennessee. 1 10 LABORJN PRISON Lawrence Pulliam Sentenced for Five Years. An App°al is Taken Which Will Carry the Case to the Circuit Court at Rich’ mond. (Special to the News and Observer.) Charlotte, N. C., Dec. 17.—1 n the Federal Court today Lawrence Pulliam, ex-cashier of the defunct First -National Bank of Asheville, who was charged with embezzling $7,000 of the bank's funds, was sentenced to five years at hard labor in the Federal prison at At lanta. Motion for a new trial was over ruled, as were appeals for clemency. An appeal was taken which will carry the case to the Circuit Court of Appeals at Richmond. Pulliam was in court with his wife and daughter when the sentence was pro nounced and he was visibly affected, as was his family. THE COAL BARON’S SIDE- They Begin Presenting Testimony and a Lively Session Follows (By the Associated Press.) Scranton, Pa., Dec. 17. —The anthracite coal operators opened their side of the controversy with the mine workers to day before the Strike Commission, and the attorneys who are on record before the commission as representing the non union men, who have been admitted to the arbitration scheme, began calling "witnesses. The sessions today were probably the liveliest yet held by the commission. At the morning session the miners’ lawyers challenged the fairness of certain wage statements handed to the commission by the Pennsylvania Coal Company, and, in the afternoon, Lawyer Darrow had a spirited discussion with Chairman Gray as to whether or not the miners had a right to know who is paying the lawyers representing the non-union men before the commission. Mr. Darrow asserted they were employed by the coal opera tors. Preceding this, Simon P. Wolverton, j counsel for the Reading Company, who delivered the opening address on behalf j of all the large coal companies, made the point in his address that the recognition ! of the union is not an issue before the . commission, which brought out a pro test from Mr. Darrow. The latter ! claimed that if it were not, then the op j orators should be forbidden from pre ‘ senting testimony that tended to show I the-union was responsible for al lthe al i leged violence committed during the ' strike. The alleged unfairness of the wage statements came to the notice of the commission as a result of its inquiry into the child labor question in this vicinity. Several little girls testified on Monday that they worked all tight in a silk mill in order to help their fathers along, who were employed in the mines and re ceived poor pay. Yesterday, Everett Warren who represents the Erie Com pany, which controls the Pennsylvania Coal Company, in whose mines some of these fathers worked, handed to the com mission a memorandum showing that one father last year received $1,400 for him .sclf and laborer, and that the other 'father received $1,600 for himself and laborer. At the opening of the session today, the miners placed the two parents on the stand, and they swore that the earnings mentioned were divided among from four to six men. This testimony surprised the commis sioners. MANIAC RUNB AMUCK- Kills Ons Man, Wounds Mother and Sister and Shoots Himself. (By the Associated Press.) Lapeer, Mich., Doc. 16.—John Best, aged 28, and mentally deranged, ran amuck last night, nearly severing Jasper Clegg’s head with a razor, dangerously wounding his own mother, wounding his sister, and finishing by shooting himself to death. Clegg was a boarder at the Best home. Best was committed to the insane asy lum about a year ago, but six months later was discharged as cured. The crimes of the insane man occurred after 1 o’clock this morning. Best first at tacked Clegg, in the latter’s room, leav ing him dead. Later, he proceeded to his mother’s apartment and slashed her face with a razor. She grappled with her son and succeeded in escaping from the house, and telephoned for the sheriff. Meanwhile, the crazed man invaded his sister’s sleep ing room. The girl lay quietly in bed and after he had slashed her across the cheek, Best desisted. "When Best heard the sheriff entering the house, he appeared with a revolver and began shooting wildly. He aimed the last shot at his own head and fell dead. Accident Prevents a Broken Record, (By the Associated Press.) Savannah, Ga., Dec. 17.—Oscar Hed ftrom, who, with his manager, Mr. Hen dee, came here for the purpose of at tempting to lower the motor-cycle record for ten miles, went against tho record at the Coliseum this afternoon. He failed to scale the first mile, but after that up to and including the eighth he clipped seconds from each. In the ninth, a tire came off and Hodstrom was thrown heavily, but not seriously injured. The time for each mile was: 1:13 1-5; 2:23 4-5; 3:43 1-5; 5:00 2-5; 6:18 1-5; 7:33 1-5; [8:50: 10:06. Except for the accident the ten-mile record would have been broken. The trial was official. ONE OF THE LOWRY BANDIT*? Police of Savannah Say Potter on Trial There is Really Alex Kays. (Special to News and Observer.^ Wilmington, N. C., Dec. 17.—W. J. Pot ter and his son, Swayne, seventeen-years old, are principals in a sensational mur der trial now in progress at Savannah, Ga. Interest attaches to the case in North Carolina because it is said that the elder Potter is none other than Alex Hayes, a member of the notorious Lowry gang of outlaw’s that terrorized Robe son countv people in this State in the early seventies. The police in Savannah say they have indisputable evidence to that effect and that in the event of his acquittal upon the charge for which he is now being tried, they will return him to North Carolina to be tried for the mur der of William Page, at one time a deputy sheriff of Robeson county. The principal witness against Potter in the trial now r in progress says he wms a resident of Robeson county at the time • f the killing of Page and remembers the circumstances well. Page went to arrest the man for running an illicit distillery and was shot dead. Potter was subse quently in some way made able to break jail and he thereafter disappeared and has not been heard of in Robeson county since that time, though it was known that he made his way lo some point in Georgia. Potter denies that he ever was in North Carolina. WHITES HONOR A NEGRO The Southern People’s Kindly Feelirg Toward Batter Element of Negroes. (Special to News and Observer.) Wilmington, N. C., Dec. 17.—John Har riss Howe, a well-known colored contrac tor and builder, of this city, died suddenly Monday night at his home, 116 Castle •Greet. He was held in the highest es teem by the white people of Wilmington and at the funeral from St. Mark's P. E. church this afternoon, four of the leading business men of Wilmington were honor ary pall-bearers. They were Col. J. W. Atkinson, Mr. H. C. McQueen, Mr. Samuel Northrop and Mr. W. N. Harriss. The in cident is referred to as an evidence of the kinlly feeling the South over for all well-behaved and respectable colored men, who do not seek to array them selves against their white neighbors. The British steamer Hcrmiston cleared yesterday for Liverpool with tho next largest cotton cargo ever loaded for export in a South Atlantic city. She carried 16,165 bales, valued at $672,000, and is consigned by Messrs. Alexander Sprunt & Son. The largest cargo ever consigned was by the same firm on Oc tober sth, 1800. It was aboard the Brit ish steamer Almora and consisted of 16,- COO bales, valued at $634,000. BILL AFFECTING WILMINGTON. Port Through Which Merchandise May be Im ported for Transportation Without Appraisement. (By the Associated Press.) Washington, D. C„ Dec. 17.—The Sen ate today passed bills authorizing Robert A. Chapman, of Alabama, to use the waters of the Coosa river in Alabama for the purpose of generating electricity; to make Wilmington, N. C., a port through which merchandise may be imported for transportation without appraisement. Death Under the Wheels. (Special to News and Observer.) Old Fort, N. C., Dec. 17.—R. D. Evans, of Williamsport, Pennsylvania, was acci dentally killed at Eberman, four miles be low here, this afternoon. While riding on a lumber train connected with the Murray Lumber Company's plant, he fell to the track and the train passed over his body. The deceased was a young man, nineteen years old, who was here for his health. He had become quite a favorite among our people, and his untimely death has cast a gloom over the community. Waterlogged and Abandoned (By the Associated Press.) New York. Dec. 17.—The steamer Alle gheny which arrived today from West Indian ports, reported having passed, on December 14, the schooner Maggie G. Hart, from Jacksonville for New York, and abandoned in a waterlogged condi tion. The foremast was standing, and the mainmast broken at the deck and hanging by gear from the foremast. The jib boom was broken and the fore-deck was continually under water. Reciprocity Treaty Sent to Senate. (By the Associated Press.) Washington, D. C., Dec. 17.—The Presi dent sent to the Senate today the recip rocity treaty recently negotiated between the United States and Cuba. The treaty was received by the Senate in executive session and was referred to the Commit tee on Foreign Relations without being read. It is stated that the treaty docs not concern the disposition of the Isle of Pines. The New York police have .arrested Gustave Kersten, his wife and his sister, Margaret Kersten, and removed to Belle vue Hospital six young women found in a house occupied by the Kerstens. Physi cians reported that three of the women had become mothers and the other three were suffering from threatened abortion. The Kersten women are held pending an investigation and Kersten is charged with aiding and abetting in criminal abortion. PRICE FIVE CENTS. ANTI-1 RUST FIGHT LTD RT BARTLETT Half a Million to Enforce the Sherman Law. ALL WHEEL INTO LINE Hepburn Offers a Si-bs’i’ute to Bartlett’s AmCi'd* rrifnt Strengthening the Meafirc, and it is Passed by the House With out Division. (By the Associated Press.) Washington, D. C., Dec. 17.—Unexpect edly and without warning in the House today during the consideration of the Leg islative Appropriation bill, Mr. Bartlett, a Georgia Democrat, sprang an amend ment to appropriate $250,000 to enforce the Sherman Anti-Trust Law and to di rect the Attorney General to proceed to the prosecution of all violators of tho law. Although such a provision was plainly amenable to a point of order, not a member on either side of the House raised objection. Indeed, both sides wheeled into line. All agreed that some such action was advisable. Some of the Republicans, however, raised objection to j the looseness of the language of the l amendment and Mr. Hepburn, of lowa, of j sered as a substitute for it the language ; of the bill he introduced on the opening j day of the session to appropriate $500,000 j for the enforcement of the law. This was j further strengthened to make the appro : priation immediately available and as amended the substitute was agreed to without division. Mr. Bartlett wanted Mr. Hepburn to in corporate in his amendment a proviso di recting the Attorney General to proceed : with prosecutions, but to this Mr. Hep ■ burn objected because it contained a re i flection on the Attorney General, i Mr. Bartlett said the Attorney Gen • oral should be criticised because he had , not enforced the Anti-Trust laws. He | said there had been no representative |of the people’s interest in the White House, Cabinet, or on the Federal bench, in the fight against trusts, j Mr. Grosvenor (Ohio), said the Sherman j Anti-Trust Law was a Republican meas l ire while a Democratic administration j had cast doubt upon its constitutionality. The Legislative bill was passed, prac tically as it came from the committee, except for the amendment. January 31, at three o’clock was fixed as the time for holding the exercises in connection with the acceptance of the statues of Charles Carroll and John Hansen % Maryland con tribution to Statuary Hall. The language of the Hepburn amend ment is as follows: “That for the enforcement of the pro visions of the Act of July 2, 1890, the sum of $500,000 is hereby appropriated, out of any money in the Treasury not heretofore appropriated, to be expended under the direction of the Attorney Gon j cral in the employment of special eoun ‘ sel and agents of the Department of Jus tice to conduct proceedings, suits and i prosecutions under said Acts in the courts of the United States: provided, that no person shall be prosecuted or bo sub jected to any penalty or forfoituro for or on account of any transaction, matter or thing concerning which h»> may tes tify or produce evidence, documentary or otherwise, in any proceeding, suit or prosecution under said Arts: provided, further, that no person so testifying shall I ho exempt from prosecution or punish | ment for perjury committed in so testify ing. This appropriation shall be imme diately available.” Pension Bill Passed. (By the Associated Press.) Washington, ee. 17. —Tho Senate today passed the Pension Appropriation bill without discussion. It carries an appro priation of $139,847,000. An urgent de ficiency bill also was passed. The amount carried by the bill is $1,140,400, and in cludes an item of $500,000 to enable the Secretary of Agriculture to stamp out the foot and mouth disease, which ha 3 become epidemic in the New England j States. Tho Military bill was tip for a short I time. Mr. Bacon (Georgia), continuing his remarks begun yesterday, in which j he attacked the constitutionality of tho | provision for a reserved force of trained men. At 2 o’clock Mr. Kean (New Jersey) called up the resolutions expressing the regret of the Senate at the death of the late Senator Sewell, of New Jersey, and feelingly spoke of the life and character of the deceased. He was followed by several other Senators and, as a further mark of respect, an adjournment was taken until Saturday. Among the speak ers were Senators Daniel (Virginia) and Morgan (Alabama). Suing for Pilot Mountain. (Special to the News and Observer.) Winston-Salem, N. C., Dec. 17.—An important ease is being heard here before Mr. Lindsay Patterson as referee. It involves eight or nine thousand acres of land, in which Pilot Mountain is located. Bowling Whitfield, of Georgia, and others are suing C. M. Bernard, of Ral eigh, and M. D. Boyd, of Pinnacle, claim ing that, they are entitled to an interest in the lands as well as the mountain. Boyd claims that he bought tho property several years ago at a commissioner’s sale.