North Carolina Newspapers

-I THE MEWS AINU OBSfcKVtTu. IHURbDAY MORNING, MAY 20, IV I y TELLS METHODS DFPUE Clergyman Justifies Revolt of Colorado Strikers Against " Authorities GREAT LABOR VICTORY Coal Operators Will Be Care ful in Future; Laws For lm- provement of Miners' Condi- tion Had Been' Ignored By The Fuel Company, Says the Minister ' a inmiii f." " ' Washington, May It-. While John D. Rockefeller, Jr., waited here again today U testify before the Industrial Halation commission In a suppl- moatary Inquiry Into the recent strike tpJirt th Colorado Fuel and Iron ',' Company, tb ootnmlaalon listened to aa arraign msnt of that concern's method by Har.- Kugene 8. Oaddla, ' MJadlt. clergyman, formerly In chars; of tha company's sociological department Chairmen Walsh, who summoned " Mr. Rockefeller to taaUfy relating to . correspondence mada public since tha rlgrlnal inquiry In New Tork, said to . ... night that he surely would be called tomorrow. He will take the stand as eooa as Rev. Daniel 8. MoCorkle, pas ' W til Prseliytei laa ehurch in one f tit Colorado Company's mining cam pa at Sunrise, Wye, completes his testimony. ,- ,?- - Rew.. Mr. Oaddla said he was dls . charged from the sociological depart, 'meat of the Colorado Company last February after making a personal ap : ; peal to Mr. Rockefeller to be allow ed Is continue Important betterment work among the miners. H Justified - , im revolt of the strikers against mill terr aad other constitutional authority I Colorado en the ground that laws for improvement of the miner's eon- drtioa bad been Ignored and there was a tber way left to seek a remedy. "Technically, th terrible strtk of I " Colorado miner was lost," said Hr. Oaddla. "but in reality It was one f th greatest labor victories over achieved In the United Stat, because today th coal operators have their ar t th ground and they will be . very oarenii. Indeed, la the future." I - "What would become of the repub lic, asked Commissioner Welstock. I Dietmthe Plough Horse 7 Dieting the horse" that - draws the plough may sometimes be carried, to un- desirable extremes. ; a w . j Z' . A man once started to train his horse to live on sawdust just as he was get ting him educated the animal died. Some men start to train their busi-i nesses to do without advertising. ! Just as they get them nicely trained the sheriff steps in and has a nice little auction sale. Business needs the building effect joL . advertising just as a draught horse needs food .v DECISIONS OF THE . v SUPREME COURT y." "... " jf , ' : - ., . . Mistreatment of Passenger Arrested By Order of ,Cor - ductor, Construction of a j .Will - - - 1VAR UQTDESIR ED IS DISGUSSIDN Lake Mohonk - Conference in Its Twenty-first Annual Meeting . PREPARE AGAINST WAR In Startling Speech President Hidden Said He Favored Armed Preparedness Against War; Source of Prevention o Any Possible "World Crime' Between The Americas Lake Mohonk. N. Y.. May 1. The first day of the twenty-first annual Ul Mohonk Conference on Interns. "If everybody revolted against Constl-1 tlonal arbitration develoned iinanimltv tationel authority T" I of opinion virtually on only one thing " ll weuia orees sown ana nurnt to! tha undoalrahllltv nf war ilthn.i.h sown oiuaens were denied I uamei Hmiler. hoet of the conference their right as were- the men In Colo rado." . Rev. Mr. MoCorkle, called to stand lata in th day, told tha commission that when he went to Sunrise, WyO., h was Informed by the Church an. men ties that the Colorado Company I soma of the add maintained tne church but that the I bitterness - of the rnct was to n kept secret. - He said no arged that this b mad public. GAPTAIN HERLAPJD FJLESHIS REPORT fl ft , """eaxeaBau awe a Says Attack On Cushing By German Aeroplane Was Das- ardlAetife ana Jonn Basest! Moore, who pre sided, did their best to restrain the speakers from controversy that might embarrass members who wore Cltl ens of European belligerent nations or offend partisans of those countries reflected the international orlsta. Mr. Smiley tried to strike the key note of the conference when ha said in hia speech of welcome: Not a Peace Conferencej. "While recosntaln the nart that human feelings must always have In U affair and the force with which they Trrfs for attention, it la our hop iua ins aiaeuaaion ansy-tsna wnouy in direction of constructive work. At this ditto on would think it un necessary to explain that this is not. nor has It been, a peace 'conference, called. It rather is a conference of experts on a scientific problem man a company or exbortrr address ing itself to an uninformed populace It is tsken fnr-xranled that-ail her are convinced that War is undesirable and that our purpose with earnestness. but at the earns lime with carefulness and prudence, to devise machinery lor making, its recurrence less fre quern." Theodora Marburg, of Baltimore, formerly minister to Belgium, out lined the possibilities of a great peace league?' Which should not attempt to decide International dispute but should insist that such controversies should not lead to - war. - Such league, h recommended, should units to punish any power that started war. Armed Prrps redness) Against War president Hidden of Princeton with a frank fsy tot is.hhis as,.!. " ;1 Philadelphia. Pa.. May !. The American tank ateamer, Cushing, at- tacked April II. In the North flea by a Oermaa aeroplane whlrh dropped thre bombs, retaraed to port here to day. Her captain, Lars Larson Her hand, submitted a report to her own- aro haraoteriaing - the - attack as a "dastardly act. a deliberate attempt1 to alBk, an unarmed vessel and murder 1 tha me moors of th crew" a copy of - th report was forwarded to the Htat . Department St WashlnirtYm. The Oer . shew airman, said CapC Herlanf ; wpt la narrow rirrlea aakar. trying to get directly over that startled tha members raanel, apparently with the Idea of I 'Peach favoring armed preparedness. rwppuig a noma flown It and wreck- I no for" but "against" war. Ina; bar engine room. The crew ar! "It Is ths weakest kind of sentlmen rat swarwaed en deck, bat quickly re- I tallsm gone mad." hm said, "to Imagine Tealed to th forecastle, and no onsltn he cause of pears Is In tha was hart by th explosion of tha m I remotest degree, advanced by teach bomb which struck tha ship. ng the children of the public schools i na attack occurred while the I v mn th doggered rhyme beginning Cashing was about twenty-Av miles I wltn tn " dll "ot rats my boy rww Aarwerp aad eight miles trom I1" ola'r- L k th North Hinder Lighuhip. It wast ' PiuVAisWra -"VnloeS? about f 'clock In the evsnlns. but I Oeerg H. Uiakesle. of Clark Unl tswr wa femple light, the captain versity. and Philip M. Brown, of sua, ror tn ofnosrs and crew to see I nncetoa, discussed tonight the poa every derail of th attack, and for tha I aDlllua of tna Paa-Amerlcaa Union - aviator to see th stars and strlnaa I ,n developing a practicable schsmt of i um masrnaaa and ta fx rail tndl ,w,u Kvntnuoo. th word "Cushlna-. N t,w it I "A genuln PanAmerlcahlsm' . ad) Rate of America, " painted onlJ'1 1r' I1"1", baaed not on trade each aid of th vessel in letters eJ.hr I but on higher, broader and better lost high, - I interests or the entire Hemisphere. Word of th attack s tha rsUKi-w I probably could prevent In North and wra cabled ta this eowntrv two i.v. l8outh America for all time such a sar im was rerarMit ta w- . nt Wilson la hi nou of pro Coat to viennany. . tfKW rvrrnowa kat HAVK TO BE DRAWN ouin America for all time such a or Id Clime as la belfrc committed in Europe." The relation between Industrial and International peac was discuss ed by Marcus M. Marks of New Tork, president of the Borough ot Manhattan. Pavor Reran of W ilmla- May Re Hosaired (ilea I tSTss SJeas ass BS I . Wilmlagtoa. May 1. It is report- potHiooa for a recall of the Mayor aad member of city Council, which movement, was started some days ' " mronaw tnat entire. Oeaths and Funerals J. 3WI?f MlRW. lteaderaoa. . telegram May It. ak kkAa. 1 ly new petitions will hay t be drawn the death Sunday afternoon of Mr. and circulated owing to the fact that I J. Edwin McCraw. In Klrhmond. Va. aujrs miieo to Btsf their reel. H waaa.nallv and former cltiaea of ?. buslneas address, aa re- Henderson and wu for years ron- J"'1" by tbs charter. Jf Indeed 1.- nected with th Heaboard Air Um ! per suns si (nod tb peutioo this Hatlroad here, tie has many rela- la more thaa twlc th number ot alg- tire in th city. natures necessary to order aa alec McCraw was a devoted member tie. There continue to" be much ot ln Episcopal church. ." agiutloa for a recall, although the H leave a wife - and married lrint admlnlatrajii . daushtar. nao hrmhor. Ur ntlijr Un. weei old today, aad the Council. atlCrmw- of tchburg. Va aad three a operiai meeUna- a few day ago. re- tne cmet oojection whea tt voted to abolish the newly created! cinoes or assistant superintendent of streets ana aaatetant chief of police, which apparently had caused tb irouM. aistara. Mrs. Srhaum. of Winston-Salem, aad Mrs John Cole and William Bryce. of e'redrtrkaburg. Vs. CHARTERS GRANTED" ) 'Old newspaper are need a great Charters war leaned from the of- deal ta China for wrapping alike and fto of the Secretary of Htat y eater . lor oioer purpoeea. cioniLicii's Tha Original T.TAL7CD r.ULK r-'jmm yom may -frsrSLorS day aa follows Orron William. Waddall Corpora tion of Tarboro. Capital stock lit.- To begin buaineea whea tt. b paid In. lncorDoratora nm lluward. W. O. Clark. John A. Wtd. dIU U IX Hargrove. ' MrWhlrter Bros. Teeter Co of Wingata. Commiealon merrhaata Capital stock f H.OV. To bogie buai neea when II. Su. la paid In. Incorpo rators N. A. Teeter. Albemarle: ft. U g.J. y Ct a SubttttHtmrn . mrter. Vtlngate; A. iX McW hir- " I er, "ingata. ST. ORPHANAGE REPORT Gratifying Showing Made Along All Lines By Episcopal Institutions RECEPTION -TO -OELEGATS Missionary Meeting Last Night and The Work of The Church . in The Home Field Was Gen erally Discussed and Foreign Mission Work Touched On by The Speakers tSpartsl Is Tha Newt serf Otseme Greensboro, May It The principal matters before the' diocese of North Carolina, In the second day's session st Holy Trinity church, wer the re ports of St. Mary s School and Thomp son Orphanage. Both reports wer very gratifying and showsd progress aiong ail lines or work or th two In stitutions. There wer addresses In connection with the reports by Hey. Mr. I -ay and others. Several com mittees submitted reports, which were adopted. Nominations for standing ciiiiitilt tee were made. The after noon session was given over to mis cellaneous business. Tonight a mis sionary meeting was held and the work of the church in the home field was discussed generally, and the foreign mission work touched upon by speakers, . - - , This afternoon th delegates ta the convention and also the delegates to tne women's Auxiliary of the Mission roard Which opened Its convention this morning, were entertained at reception given at the Country Club by tne parish or Holy Trinity. The convention will close tomorrow afternoon. The; diocese yesterday decided ta jftaks "permanent the pension - fund system for its ministers, and ministers may be superannuated upon arriving at the sge of (I. The pensions will not be less than Mv and will not exceed tl.oou. This plan la rerotn mended by the general convention of th Kplscoal church In ths l nlted States. Ths system has been worked by th best acturtal expert in th country and is considered sound and business-like. Pensions will b paid In cases of disability whether the minister has arrived at the age of IS or not. Th same systam has been adopted In nine diocesan conventions in th United State and It Is expected that every dloceas will have the plan In operation at a vary early time. v (WAITER CLARK, JR.) Oral argument for th spring term has been com Dieted in tha SuDrema Court. .- Opinions war handed deem as usual yesterday. The remaining opinion will probably be handed down next week. Id Carver v. Railroad, an action la brought for mistreatment of a pas senger by police officers of Marion who arrested him al the reoueat of th conductor. Justice Brown holds that If tho conductor was Justified In having him arrested, there Is no lia bility oa tho part of tha railroad. If th conductor wag not justified In causing his arrest.- but the- conductor was acting In good faith, there th plaintiff la entitled to compensatory damages, and If tha conductor was actuated by malice, gross negligence etc., the plaintiff is entitled to ptnlttv damage. opinions Of Tb Suprcaae Court. Slot v. Lyerly. howan. no error. Brown, J. Hardester v. Richardson, Randolph. no rror,-r Brown. J. Hoyden and , Henderson v. H axe man. Oaldwell, no error. Hoke. J. - Williamson v. Jerome. Howan, af firmed. . Brown, J. ' Hallman v. Railway Co.. Catawba. no error. Allen, J. - Lawrenc v. EUer. Avery,' affirmed. Hoke, J rib u ford if. Brady, Ca!awTa. afllrmn ed. Brown, J. Carver v. Railway Co.. Rutherford, new trial. Brown. J. Walker v. Parker. Wilkes, new trial. Allen, J. J-ynch . Veneer Company, Bun combe, no error. . Clark, C. J. . iihook v. Lumber Company. Bun combe, affirmed. P. C. Raines v. Railway Company, Bun combe, new trial. Walker. J. Phillips v. Hodgin, Ouilford, affirm ed. Allred r. Longest, Guilford, affirm ed. Goina v. Lumber Company, Burke, affirmed. Belch v. 8. A. L. Railway, Kobeson. affirmed. Transportation Co. v. Lumber Co., Haywood, motion to reinstate denied. Phlfer v. Mullts. Union, petition to re-hear dismissed. Treatment of Pcmon Arrested By Oondartor'a Orders. Carver v. C. C. 4 O. Ry. Co. la an action to recover damage for mis treatment of plaintiff by police of ficers of Marion who arrested him by request of defendant s conductor. It appears that plaintiff was upon ex cursion, was drinking In the presence of ladies and that the conductor wired to Marion for police officers to meet train and had plaintiff arrested, who ess cursing In presence of ladles, and that the conductor then left; that folic officers placed handcuffs on plaintiff and moved him to smoking compartment of station and -afterwards released him when he became tractable... Judgment for plaintiff. The defendant requested his honor tn charge the Jury: "If the plaintiff violated th law on defendant's train soas to justify hia, arrest ty tn con ductor, sod he was taken Into custody by regular officers of McDowell coun ty, the conductor, under the law. was not required to anticipate that the of ficers would mistreat the plaintiff, therefore you are charged that if plaintiff was properly arrested and turned over to proper legal officers of McDowell oounty, and that he was not subiect to any improper indignttes rr Bufferings In the presence of the conductor, and a" reasonably-prudent man In the position of tha conductor would not have 'anticipated any such mistreatment, then you would answer the first Issue, 'No.1 IP -I n With iWSm- Complete Satisfaction A tire should eive the iDurehater atttiafartion. The Company behind the tire can sive Service and in crease the aatrtactiotl. The personal element entering into each transaction is one part of the remarkable Fisk Service. Compare These Casing Prices Sizes. 1 3x50 330 4x33 I 4x34 436 Sa3T PlainTread 9,00 11.60 19:05 19.40 27.35 32.30 Non-Skid T9.4S 1 1Z20 1 20.00 1 2035 1 28.70 1 3390 This Service, A Quality Product and Low Prices Make The 1 . Fisk An Unforgettable Combination , Fisk Tires For Sale By All Dealers r& The FIsk Rubber Company ; I OP N. Y. - - Chicopee Falls, Mav .-: . . Raleigh Branch 419 Fsyetterille Street matters not how tld either or both may be. In case children ar bora, then the estate la devised to the oldest child living at th time of Alexander Seat's death. . Upon iuch contingency happening tb contingent remainder in ree to the wtf would not vest." Th plaintiff not being able to make a good and Indefeasible title to the property contracted to be sold to tha defendant, the lodgment Is affirmed. Only tVimlnal Case Tfex-idrd. State v. JUyerly is an Indictment and conviction of larceny. The prosecutor teetifled that he had a fifty dollar bill, two twenty dollar bills and some ones and went into defendant's store; that defendant asked to . se It' and took It to the rear of the store; that in few minutes defendsnt handed him a bill which he put In bis purs wlth-H to the contract of employment and th money attached, belonged to the defendants In that action, including thess defendants. The action was dismissed as to tha bank at the trial. Tha action was to recover commission for ths sal of certain bonds of tha Salisbury sV Spencer Ky. Co. Justice -Wrown states, "There no other evidence of fraud offered. It has been held ln this Stats that In action In the courts of this Stat on a judgment rendered In i sister Stats, It Is open to the defend ant to allege and prove fraud in the procurement of tha Judgment and ths term "fraud" In this connection In rludes all such circumstances ot fraud or Imposition In procuring ths Judg ment as would Induce and authorise th courts of the original forum to out examination; that a few mlnutea i Interfere to prevent the enforcement . - I ... . , . . . . . I . . , , i, ..... ininiii in. aiore na uiscoverea that the fifty dollar bill Was gons and in its place was a two dollar bill. Justice llrown states, that defend ant excepted to the charge that if ths Jury should find from th evidence lieyond a reasonable' doubt that do fendatit obtained possession - nf the fifty dollar bill, under the clroum stances testified to by tha prosecuting witness, with "an existing felonious Intent permanently to deprive the prosecutor of his ownership in ths money and to convert it to his own uss, and in pursuance of such Intent and In the execution of such design' did as testified to by th prosecuting witness, tney snould return' a verdict of guilty or larceny as charged. Justice Brown states. "The charge nf his honor la supported by the Instruction and charged that if the Jury found that th police officers used unnecessary force that they should find for the plaintiff. Justice Drown states that mere was error in this charge as given as the conductor had no authority over the officers and could hay dona nothing legally to restrain their control and management of th prisoner while in their custody. in conclusion Justice Brown state. If it ehould be shown upon the next trial that the conduct of the plaintiff on the train was such aa to Justify th conductor in calling upon the policemen and aaklng them to take tha plaintiff In custody, then the de fendant would not be liable for any damages It the Jury should And that the conduct of the plaintiff was not such as to warrant ths conductor in ordering him Into the custody of th cfflcer of the iaw.--ts.-na.. con ductor acted in good faith, although mistaken, tha defendant would then be liable for such actual or compen satory damages aa the plaintiff may have sustslned. i "But If the iurr should further nno that the conductor wrongfully and, un justifiably ordered the arrest of ths plaintiff without ' necessity and that this act of the conductor was wanton, malicious, reckless or " was , done through gross negligence and disre gard of the plaintiffs rights as a pas- sntls. The cam-1 sensor, then Dunltlve dams ices may paign conducted by the advocate of I or may not be awarded In the sound ths lasu was unique, a large msterliiWMiM f tho turn Punitive dam- being distributed over the village ad-1 a gee are not recoverabl la action ot remain- inumwi expressions oi I ihls character unless there is aa eie- precedenta. There Is no pretence that the . prosecutor loaned this money to Th trial Judge refused to give thlal the defendant. A very Instructive t pinion in line wttn this case is State Far Wsakseae sad tVeos of AseetHe. The Old Hlandard general strengthening toole, UKOVK's TAHTk'LKKM chill TUNIC drtres oat Malaria aad builds Bp the sjrs-1 tern. A true tonic. A stir Appetiser. For adultts sad eMldrs. one. "HILL" VOTES SCHOOL BONOS BY BIG MAJORITY $3,00 to be Kxnewdrd na fe'hools of tirango oant j Town. Chapel Hill. May 1. In a whirl wind campaign the cltlsens of Chapel Hill voted a bond Issue of lS.0 for new building for the graded school today, the elections a victory for the advocates of the school building by vot of T to 41. The opponents of he bonds Issue bitterly fought every Inch of ground but th advantage of improved school facilities wer so forcefully presented aa to override the arguments of tne opinion as t why each voter should favor a now school building. I'niver- stty faculty business men and day laborer, voted for this educational triumph. What Thin Folks Should Do To G2i.i Weight Fee Tina, rhysleiaa'S Advise Baas. . laeaesase m people suffer fro at ei elv tklaaesa, weak aereee aad feeble atnei eraa was, . having tried aavertlsed eea- atora, food-fade, physical ralrare areata no rso-a rreasis. mill loaa w. tn ment -f fraud, malice, gross negll genc insult or other tuae of aggra Ju.tJC- pr)WB rt.trrh vaiion in id. ai:i nusin. New trial. OMMtrurUoa of t Hill, Rhuford v. Brady la a controversy without action as to whether plaintiff ran convey till t plaintiff under a contract between them. Th contro versy depends upon th construction of the will of plaintiff father whe left property, with the provision tnai it should be rented until the plaintiff was II year of aga and if tha plain tiff died before Im waa II years, in whom the property ehould vest, and then providing aa followa: "But fur ther, aa regard! my son, should he llv and marry and have children,; at hie death this real property shall' go ta hi oldest child 11 ring. Hut should my son die leaving no children out a wife, aha shall coma Into ull poe sbasioa at this real property, and ahall do with It aa she please t her death.' v. Bryant 74 N. C. 114. No error. Kceovery For Death of Plaintiff Intestate. Hardister,- Admr. v. Richardson Is an action to recover damages for ths death of plaintiffs Intestate, who was a miner. Verdict and Judgment thereon for 1200 Justice Brown states that the first assignment of error I tho refusal to grant a non auit upon th evidence which he summarises substantially as rouows: a Ducket attached to a cable was use ror hauling the or and em ployee out of the mine, different signals being given for ore and for employees when on the bucket About ten day before plalntiflTs Intestate death, the bucket waa displaced by a car known aa a aklp, which ran upon iron rails and was a aelf dumper that the defendant and his foreman rod- upon. it. tn. comlnif out of the mine ana tne employee were not lir st rue ted pot to ride upon; that plain, tiffs Intestate and two other em ployee got upon the skip, giving the regular signal that employee were aboard and It was hauled up about tt feet, when - it was derailed, turning bottom upwards, pitching th em ploy see out and killing them Instant trad let ory evidence, plaintiff alleging that a chain attached to car would have made It safe. Justice Brown state that th motion for nos suit wss properly overruled. -Th second exception waa the fol lowing question asked a witness. -What did Jeff Parrish tell you with reference to riding on that skip?" Plaintiff objected and was sustslned. Justice Brown stateaL. rnn declare. tion of Jeff Parrish to Crlnford ar hearsay and incompetent. They were not offered t contradict -Parrish for he had not been examined neon. Th but exception was lo . th charge on tho ground that there is no evidence to support It and that His Honor applied th doctrine of res Ipsa loqultor. Justice Brown state. "A we have aaJd, there is abundant evidence of a permissive user of the aklp and that tt could have been made reasonably saf. HI Honor very properly and correctly . allowed the Jury to consider that th re ipsa loqultor Is a circumstance in evidence tending with th other evidence to prove negligence. Ridge v. R. R. 147 N. C. tit. No error. ) A Ta Fraad la Prwrlsgc Judges. la Another Stat. Williamson v. Jerome la aa action ItrVk skisslsees aad tblak aetklsg will lavai 1.1. lot taelr r.o la mi aubeteaa. A reoatlr dlOT4 - - - - tire orre wakes fat -grow after rears of thin sees, aad la slao aseqaailed for re pairing the waste of strkaee. or fault. ligMloa aa for st reset seats th. 1,7- Ii w... .... .hiMrm. .rut I - . - - This nesarkable si-oer. la .u. I " -- i meat ootaiaea against aerenaanta a. argot, eia atressi s-ctvtse. ral-ere- held that plaintiff could not convey fee aim Die title- Justice Brown state that tne intent of a will must be gathered from consideration aad examination ot the entir Instrument' By the later para' a ei save nesa com blood Is this uerrloae ratine, which to eedonod he pajrok-tsa as Seed by promlaeat people I aooon Th plaintiff Is bow 17 Ti trough! tn this State upoa a Judg- rtSW Dill HSI nu I AklalaaJ sssmIk Aofo.4o toi It ta stated that there taaa froWllty forB tD. Buprmmm Court t Nrw Tork. that any will be bora. Th trial Judg I n-f.ndanta alles-ed fraud In oblalnlne ss or. eaali It la abaolatalv hmln. hiexpsaslee aad ergelecit A aweth's srMesMtle aa of Harwol skoald prodac Oeoh aad stmurth by- ror rerUag fsslts of dlgeotios ssd by sapply log Llchr eoaeeetrate fats to the blood. IiM-reod anarlieiwret is nbtsinrd frns bo food eete sed ta eddltloaal rota thai t.la people seed are SfoytoM. Lmm. dracglata sapiily Sarsol ssd say that ie e ianre deaiaad for It while tal bew ereDarstiaa baa ooo splesdld reeelts ss s serve-toate aa4 ! I lahser. It .hoai ant be sard by oerrone people soWoe fc-T 4o gala al least ir. fvu.il a ana. Defendant alleged fraud In obtaining Judgment aa defense. Judgment for plaintiff. Justice Proem stales, "Th plaintiff Saving brought hi action In tb Su perior Court of Rowea county, to re cover en th New Tork Judgment the graph of th will (abov quoted) the 0afeBanta aet up a plea of fraud and testator has limited th Inter of hi oa to aa estate . for life. - tim bmitatton over to the son a wifev who hi now living, constitute a remainder In fee. defeasible upoa the birth of children from the marriage." The law presume that children may be 1'om to a married couple as long ss that rotation continue t exist, k alleged tn substance that the plaintiff In order to secure Jurisdiction of the defendants In New Tork. as the de fendants liege, mado th Wachovia Hank Trust Co., of Winston; N. C a party -to the action and 'attached deposits to the Wachovia Bank la New Tork. 'and falsely anfTraudu- 1 sally alleged that tha aaafc was nans of an unconscionable recovery. Mottu v. Davi til ill- The defendants went to. New Tork, employed counsel. Introduced donee and th verdict was against them. Justice Brown states. 'These defendant were not required to ap pear and 'defend the action ln the New Tork coart. - N property of these Individual had been attached for none had been found. There was no tasue raised in respect to the own ership of any property claimed by these defendants. Ths property at tached belonged, solely to the bank and It was ths bank's duty to defend Its rights. If thess detendanufrushed to Its reecue. it was their Voluntary act.- There 4 -nothing In th evidence which tends to prove- that thw defend ants wer denied any opportunity to make a-ood such defenses as thsy had. Ther was no error In th trial Judg Instructing ths Jury to answer th iscu of fraud "No". Affirmed MT. AIRY PROGrWSSIKG. factorlea Running Pull Tlaws and Many Ho na Being Krectrd tsamlel ta Tbs Ness aad tsseel., Mount Airy. May !. Mount Airy Is improving in many way Tb bus iness of ths city is growing- In all llnea. The factories .are running every day and working large forces of handed Tha big granite quarries ar under full awing and atone cut ters In large numbers busy all tha time. The many long trains of granite-going out brings money to th "granite city." New houses, both business and res idence, are being erected.- Th Banner Warehouse company. I put ting in another large granite build ing adjoining their new tobacco warehouse, which may bs used for the Princrsa theatre. On South street another large granite building - te Hearing completion. The outlook la very bright Just now for a good crop of tobacco, wheat corn and fruit Th Fred N. Day meetir.g at the Second Baptist Church are largely attended and It is believed much good will be accomplished. Mr. Day 1 A fine preacher and - ha don a great deal for th upbuilding of th Second Baptist Church her and tb members and people generally ar meeting with him la his effort. Rev. C. C Haymore. pastor of th Second Baptist Church eucoreded In getting th now aaaeg finished be fore hi meeting began last Sunday. Thw new room add greatly to tha comfort aa wall aa affording . addi tional room. - ' " aaessasaaoasBBsaoBaaaaasassaaamaaeaasaeBsasI MrtAt 'rlOg g. a. WtATMIg auggeu. roBgasav.... Raleigh. N. G. May It. ttll. ' Por North Carolina: Bhowars Thursday .-and nrobablv Friday: slightly warmer Thursday; moderate nonnaast to east, wind Sunrise 1:64 a.nu Sunset 7:1T p-m. rtargaATwatn. I a, m tt 1 p. m. Highest temperature Lowest temperature .......... Mean temperature ........... Deficiency for th day Average daily deficiency sine January 1st tt tt ta I -esMtAr4 ia -is cm cat. Amount' for 14 hours ending I p. m. Total for th month te data . . Deficiency for th month Deflcienoy since JuarylJJ.,J 4t t.4t .11 siAiieaa as waarais a . ; vtunasTMag. i! l! -y 1 FOB IDlurTIOW Take Moretord'a Aoid Phs.pbsH Hslf s wssnsssfut hi wster befora wools will sld tho etenuH'B, ssd srevest dlelrrea after eatlag. i bilene Ashevllle., . Atlanta . . Char loot oa . Charlotte . , Chicago .. . flalveston . , Jscksonvllle Knoxville. . Memphis . . Montgomery New ttrleana Naw y ork. Norfolk . . . , RaleigH .. . Richmond . , Vlcksburg . . Wsshingtoa , Wilmington . Wythevlll ., t tt ft 41 Tt Tt I 1 l -t 14 II 14 1 14 O I I 14 1 1 4 11 1 12 4 0 1 Tt 1 ft I t to M IS tt 14 1 t 4 tt 71 it l T4 71 tl to 1 Ot 4t .11 . .It .11 .0 .0 .It . .tt .tt .01 .Ot " It .ot .tt - .14 .tt Th western disturbance mad alow progress against high preasur center ed In th Lake, and had moved to east Texas. It continued to snow In Denver and Rapid City. It waa cool for th season north of Augusta. Oeorgia. due to tb high pressure spreading east by southeast CATTERY SERVICE A Real live Automobile Service Our business Is ssorar baneriei. Wa am r. repair, car for or rsplac vow bsnary. Wa T aad tt tag rifkt pnoa. W art tag looal xive'' Starting Battery TV ' ExiSt" k tb west widely wW assotaobn bsrtwv la tSa ewaatry. Thera art aver 2M.0OS can aqaippad witk "xi!X" Barbxrias for starting and Efbtjaf. ' RrataaibaT oar aervic la proaBPt leTiable aad asssesssav Lasaaaoroo , jo aaa ssrv yea wau. etoo aro a aad f i Mr. Aatoeaobil Vmwi Our basin sss la special lets. Wa will recharra, -will do tb erork eroaaptly . Diem baton t tb 44 RALEIGH 1W0T0R CAR & JUCHINB CO,' r L. McA. Goodwin, Klaagf or, Rmlttth, N. C i - 1 - "BETTER SERVICE? 'I