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in 6VX. HARRIS, Editor,! AJiirs are the plans of fair 'delightful peace-unwarpe&'hyjjnihj rage to live Wee brothers." W:M.:BROWW, PubUsher. ' -v - - . " i-. r ! i'l i Tj ' . , h , 1 " 1 ' " .-;. .- .... ..:,;........ . ... : : . Z . ! ' t . ! . '-j : ....... ...... VOLUME I. The WeeMy Begisfen The case of ; Potts for Post master of Petersburg, Va has been again postponed; Both the House and Sen ate committees have recommended that the t names of partes stricken "from the' pension .rolls for disloyalty, should bo restored; ; ? " Tim Pope of the Oatholie Church died oh yesterday. A conclave 'of cardinals was called to meet in Rome to elect a successor. , ' : ConqressionaiT -The committee on commerce have reported against the nom in ation of Williams, -: for collector of the By the term of the armistice the Buk siaris aremarchlng on6alIppak4 ; Con stantinople. There is . great excitement in England. All ! opposition to toeing War supplies haceasedr ft Russia Gclins to meet. in Yicnna to discuss the terms of peace. " Slief vahts tomcet ihmTimall town. , THE SILVER QUESTION:'. It is nowall but certain that a law will be enacted-by the present Congress, ovdr the Presidents veto if needs vbc, author- ising or requirmgiinlimifedin silver dollara. ' In view of . the fact - that it ha, been demonetized by. the ..principal 114UUU8T aa an" limited coinaga of silver in any form may weU be doubte v", " ;uuuo,m ?ui uiauc ner as to dolthej least possible Mrm arid accomplish the greatest poMWej amount or good. Ihe KeOistkk .'has already J shown what must be the inevitable result 1 of the oassaire of tlfe! BWl bill in lit, present shape-a depreciated enrreriev ; that will fun gold jjpjtoJilO id postpone j elicit; payiuema inueuniceiy. onreiy no j in telligen t person, who wishes "the perma- cent prosperity of the country restored, isVilling to , see such a state of things Drougnt a )Oui. Having almost reached the point of refumption, it is the un-l doubted policy ' of the government to I press onward - m that direction until re-1 sumption Tsliall tfcOTiin; -coinpBsmKr fact. That done, we have reached a solid and'snbstantial basis upon which to erect " "u - :-finoot ' T,ArRtrnnthrfi will Rnnrlv the countrv with all the -rr v" I 'that maV he demanded bv I But, until it is done, we have no enduring foundation upon which to erect such su perstructure and cannot erect it. : A bwnetalic standard is not objected to, provided the dollars coined from each mttal are of equal commercial value. That such a standard may be established '' : "1 1 I .;k nm'fnrm xralno ia TVUurih P . l TV 1 Lit VA. uuiv w but it is donbtful if it can be done with . .t 1 1 i. e Pnt on iaK hr is that ii would take several years, with . r ...... -i.-.- . r a meipresent iacmuea uvo to com a sufficient nuraoer oi silver aoi- lars, of the same commercial value of the gold dollar, to seriously affect in an way the-finances or the credit of the govern ment. Then let the friends of honest money, who are in favor of remonetizing silver, join with the opponents of the measure in amending the Bland bill so as to require the new silver dollar tq con , tain at feast one-hundred cents worth of cilver at its commercial value. The im - mediate efforts of tho bill, if passed iri prove 4 beiieficwii It; might Jioffiat If would aidheovernment in its progress to specie payments, wniie mpasbcu iu i present shape, it could not fail- to have the contrary effect. A , few years experi ence would suffice v to show whether the' coinage of an unlimited amount of silver, dollars, of : tho commercial value of the gold dollar, would bo wise ' or unwise. Should silver in the meantime be remone tized generally invEurooe, all difficulties would vanis3fl,nd the coinage might be allowed to go on. Should it not bo re- monetized in Europe, as it probably will not, then Congress can stop the coinage of silver at anv time it may become necessary for it to do so. If no silver;, dollars are coined and made a. legal tender, except such as pre of the commercial value .of tine dcllartho government will almost certainly be able 'to commence paying specie for. Green backs by the end of the I present year. The result of euch payments will be to add the amount of . tho gold, and the new ly coined silver dollars, in the country to our present circulating meclinm, and will expand the 'currency by just .so much. Precisely How much gold there is in the country we have no : means of knowing, put the amount is undoubted- sufficient 6 ?i afford -much relief.-! For every one must see that as soon .as greenbacks are brought up, to par. with gold, the latter tvill cease to be an article of,, commerce and take its, legitimate place as a part of the circulating medhim of the country National Bfank notes will necessarily al ways be of the same value as Greenbacks, then the different kinds of money in cir- culation will be of equal and uniform value. Then will confidence begin to re ISIMPS S WSjrevive all over 1 1 The resumption of specie payments and the coinage of a judicious amount of legal tender silver doliars, of the character de scribed, woul d, while affording much im mediate relief, still leave the amount of currency top small to meet all the various Fants of the country.. The foundation will have been laid upon which to rear the proper j financial- superstructure, and this should be" done as soon as possible; r i .. ... . A . The present; banking system should be modified or !abolished. Congress shonld enact a Wj banking law, taking care to throw sufficient safe-guards around all the hanks that may spring up under, and in :pUrsnance of its. provisions. Then we sl10uld havc a flexible currency which would exactly adjust itselt to the wants f ' the country and which, being on a .well guarded specie basis, would not be liable to fluctuate in value 1" ! Supreme Court. . We are indebted. to The of tllis jcity'for the following digest of opinions niea on me soin mst. : 11. Kull vs. Farmer. Where a new prom ise is relied upon to take a cause of action but of the bar of the statute of limitations, such, new promise, if the cause of action ac- crued since the adoption of the C. C. P., must be in writing. If however such promise is relied upon to remove the bar of - araxxartrmnKnrtst need Hot be in writing. In the latter case, the new promise Itself is .tte iause of action and the unpaid prior legal obligation, notwithstanding the discharge, is a consideration to support it. io J2 State vs. Bovcman. In an indictment for murder by posining, a physician examin ed as an expert, was allowed to testify that from the symptoms and manner of death as deposed by witnesses and from the pest mortem examination, as deposed by a medi cal man, he believed the death was caused by stryehnine. Held, Error. It is obvious i ot-itt mrtCk o-vricrt. tvr n rif i( I T 1UJU V ..-mrmrt an Sri ninn roarMnrwi nmv l)V IIH- I a yF. " - titVio nrltiioasoahdvro tftatinPfl- SllCn eVIC wimia me wisuuai jiuuvicui,u auu vation of the expert, or upon hypothesis of the findingaof the jury. It is not the prov- m ' ..naa nf t - AoMurA from the evidence. -but simply to declare a his opinion upon a known or hypothetical state of facts. . ' 13. Earp vs. Richardson. Where A let his son B have an $ SOU note upon ine exprt understanding that he was to buy a $125 mule of the maker of the note and credit it, and the son traded the whole note to C for a $125 mule, the note not being jendorsed to B and past due : Held, - ThatC took the note as a security for the value of the mule $125. The statute of limitations ; would not begin icSun until. after a, demand, and C could v, Am A irAfil r nntil after a demand nor L. d ld tne statutos rUn any way, the' note being still unpaid. . - - ... . , i a 7)nW. The defendant ; was indirtPd and convicted of an assault and bat- teryon niswiieanuuueaccu , imprfsonmeni in ine couniy ju, after to give a $500 bond to keep the peace cruel and excessive and therefore uncon- stitutionaL Such abuse of power Dy ine jadge below is reviewable here. This Court not afax the penalty, but will remand tne that the judge below, enlightened I by this opinion, may affix a more moder .t.!,mant. A motion in arrest of Judff- ment cannot be allowed here as the certiora. .. . . , likean appeal, vacates ine juagmem oe- low. . ! 15. WUUnhrH-.1 ' This is an action bv.the owner of a mill on ui woin awamni to recover niili fvb and T d.v vcllttlu Ul iw V4"! vrrrr' -.Z erting a considerable part of the water which was accustomed to flow by the mill -cutting a canal above the mill. Held: Any brOpri- e tor through whose lands ; water flows has RAJiEIGH, THURSDAY; FEBBUARY 14, right to a reasonable use of the water for a mill or any other purpose, provided he does not materially dammage the proprietor above or below him. Buch right could not be impaired by any notice by he company that they - intended to drain the swamp. The court will permit no errors to be assign ed here which Were not assigned iiT the court below, except : thjat the court, In which trial was, had no jurisdiction and that the complaint does not contain a sufficien t cause of action. ' The officers' of the company are liable individually if t fie did not pursue the course marked out by the act of incorpom tion, no statutory remedy being given plairi . tiff in a case of this kind his remedy at com mon law still exists. 16. Pearce vs. Mason. The complaint alleges that'A agreed to sell to defendant a piece of land, and took his notes for the price, arid afterwards conveyed the land to the plaintiff, but does not allege that he assign ed the notes to the plaintiff, but demands judgment for the notes1.' The answer avers the assignment and the replication denies it, Hdd, The complaint was demurrable. The defect was so far cured by verdict that after the Verdict the .Judge ! 'could have allowed .the complaint to be amended by stating that the notes were assigned, but - that not being done,' a motion in arrest of judgment must be allowed The amendment can not be allowed here, but as thte verdict is not set aside, plaintiff can move to amend below. 17. Lindsay v. Smith. The doctrine that no executory contract, the consideration of which is contra bonos moves- or against public policy, can be enforced, applies to an agree ment to dismiss an indictment private in its nature, as in this case an indictment for a public nuisance in erecting a mill, and whether the suppressed indictment really charged an indictable offence or not. Where there is one entire consideration for two sev eral contracts and one of the contracts is for the performance of an ! illegal act the whole is void. 18. ; Lilly vs. PurceU. . The plaintiff a citi zen of A county brought this action before a Justice of the Peace iri said county against Batt. Rev., ch 63, sec. 50. Held, That juris diction was not ousted by the repealing act of 1876'77, wb ere suit was already com menced before its passage. 19. Currie v. Kennedy. TI.e acceptance by a judgment creditor of a promissory note upon a third person in fatisfaction of the judgment, is a discharge of the judgment; although the note so received is for a less amount than the judgment. 20. Lane v. Moten. In an acdon, under the Landlord and Tenant Act, before a Jus tice of the Peace, the defendant asked leave . .... - . . . to fiIe answer in writing, claiming uu U) tilt) milU, HUU lB13iu6 u.C j . il 1 .1 .n 0 n f hn niwctinn rT n and ri nn fts ant appealed and in the Superior Court re neated his motion. IJekl That the jude had the dowm to a low tne answer 10 flled and properly allowed it Kesiffnation. I Vlf s. A.'.. Inn M-M r T 1 V I 1 -, 1 w rftw to learn that Mr. E. we regret iu xvm . . . . i i n m . At -t Bagder has tendered his resignation as U- S- Attorney tor the eastern of this State, to take effect upon the ap pomimen i ui , bu6sdvi - Western District was created, the busipess in this District lias steadily decreased; the emoluments of the office now hmg less than one thousand dollars per jear. Qn account of the insufficiency ol the fees 0f the office, Jr, Badger resigned, i It is a source of pleasure to be able t state that Mr. Badger made an able an( nofmlar rrosecutin s officer. He was-alr ways as careful to protect the innocent' he was zealous in his prosecution ot m I miiltv. ; H retires with the confaden and esteem of the; people without rega " WA,fl tt D L RhrroII. M Tni1Tt A. Moore, i Hon. J. W. Albertso &nd the Editor of; this paper, are mentio A Gift to All. A Dair of handsome 6x8 chromos ar o-iven free to every one who subscribes for. three months to Leisure Hours, a large 1,6 page literary paper, filled ; with the - begt Tories, poetry, etc., by writers of es-l faWishfid rnmitahon. Ihe papers senu will contain the openmg. chapters a! L.i.4i.min(v cforr ititled "Holden With . nXn, tl,i mithor of "Shiloh." fv inbr in Onba." etc.. The pub- feUW Ve, J : w' v . t Ushers, J. L. Patten & Co., 162 William gtreet, New York, have decided to, offpr this short subscription at fifteen couts fpostage stamps taken,) about tho uost - white paper and mailing, and to give free such a pair of beautiful chromos as can not fail to please every on&. . Double value of money as promised to every sub scriber. $1,500 in prizes is given free tq agent8.--frjA;:v.: v . a J STORIES OF THE CODE, DUELS WITH WOMEN IN THE CASE. G ALLANTET OF THE TyPICAI. SotJTHEKNER- An Imputation Against a Lady"s f Honor Air Insult to IIee Person. Some Meetings on the OFieId of Hon- or Where Mars Ran Errands for Venus. " . W -.' Atlanta, Ga., January 10. 't the only duel in Atlanta. fj A duel of some remarkable points took place in, Atlanta in 1872. . Jt was'the only jluel ever fought , in this city and was provoked by an insult, fancied olfflnten tional, to a lady. It is publtshd that Mr. "Wallace Haskell, a young gentleman in the insurance business, was at a ball one 'evening. During the dance he slight ly pinched the arm . of a lady who was dancing in the same set. Sho became very much incensed and reported the oc currence to her frlendi Mr. , Houston Force. Mr. Force at once ?6ougnt Mr. Haskell and seems to have expressed hin self in pretty strong language. . Mr. Haskell offered to apologize. ., r. Force stated , that the lady would accept no apology. Mr. Haskell then ! made some slighting remarks concerning Mr. Force. Thereupon, Mr. Force says : "Being ad vised by my friends that Haskell was no gentleman, and that I would? lower ' my self by challenging him, I determined on the next day to chastise him as a dog and a villain." The next morning Haskell was walking up the street with a gentle man when Mr. Force approached him and began beating him severely over the head with a cane. Mr. Haskell retreated into a jewelry store, followed by Mr. Force. They were parted just about the time that My. Haskell succeeded in getting his pistol out. A complicated quarrel. I will now pursue this dueling scrape to its close tb show to what abused issues it will brmsr men. and to show further - ond fiddle in a duel there 4s no telling how soon he may be called upon to han- die the first bow. Let us get straight to . ',i tt i 11 CP i it T-i I siart witn. nasKeii oitenas aiauy. jporce nearly sunset, xne western bkj vb wuu nervous spasma ot me uearu lijr attacks him with a cane because of this ablaze, and the holiday clouds, , in ail the ing the latter part of last j week he him- offense. Mr. Haskell thereupon dial- lenged Force, saying : "You seen fit this morning to inflict blows upon me with a stick," and asking that time and place be appointed where he might get satisfaction, and adding that Mr. Town- send (his friend) was authorized to act for Jiim. Mr. Force, through his friend, Mr. John R. Hart, replied : : Mr. Townsend : We respectfully decline to fight Mr. Haskell. Believing you, however, to be a gentleman, we will give you any satis faction you may desire. John R. Hart. Here the issue has been ) shifted from Haskell to Townseud; Townsend at once replied : Mr. John R. Hart : I Your note is before me saVing that Mr. oree declines to ngnt my menu, lur. askell. I having borne Mr. Haskell's cote demanding satisfactioii, most cheeiv fully take his place, and will be pleased to hear from you as soon as possible My friend, Mr. Joseph II. Smith, will i i rfi t tt rn - hand you this. . J. IL Townsend. It .appears that Mr. Hart like Mr. appears Smith, the bearer of Townsend's had previously had a difficulty, and Mr. Hart, taking the note fro him, read it, -, x , 4.i--.A hl. "I will not-recognize ybn as a gentle- Smith then left him and ret manj'ir.; nnrf pfl tn Towmifind. who in turn reDorted to Haskell. Haskell thereupon publish, . , .. . ; - s MaKu ui "had. been cowardly waylaid and beaten by Houston Force, who had afterward refused' to give him satfaction' aifd that he now "pnblbly p-osted him as a coward and . a " paltroon j Force. teplied m a very abusive card. a. meeting ior professedly friendly purposes was then held between. -Townsend ,knd Hart, the Seconds ir1a 1-nf ForrA an d naskp.ll. Thiai anlt ,'n TW sitting An wn: 1V4U ' V. v wv ; I l41WiUfil . uuuavwu m ' " O ' d writing a challenge to Townsend in 9 own nenaii. 1 IP This ch alien ige was s former tnl :-l to Townsend by Harts of Hrfncipal, lores. Townsend -: accepted bind it was settled pome off the next ithin the corporate limits of the town, orce acted; for Hart and Wallace for - . . . r ' -. , mnayn, 'iWA An nn fU tnrrt eaAnnria that, the fight was to has been signed and hostilities have ceased, revive him. He jpoke, earnestly of his 1818. arrayed for a fight between themselves. The weapons were shot-guns, loacjed with ten buckshot each, ' and the distance twenty paces. . . I . i M FIGHTING BY PROXY. f When the time for the meeting had nearly j aiTfved, ; ,Mr Hart :wa4 taken very sick. Mr. Force (his second), of course, thought of postponing the fight. He received a note from Mr. Townsend, however, stating that he and his friend would start" for the cemetery id a few moments, and' that unless Hart and bis friend were on hand in thirty 'minutes they would be posted. There vas no time to be lost. Hart was too'sicj: to go. He was in bed and could not stan. 3utt Force felt that he must go, if Hart did not. He, therefore, secured his spot-gun and a crrriage, and impressing Mr. Crutchfield, a new party toithe imjiroglio, he hastened to thj field. Arriving there lie apologized for the non-jappearfince of his principal, Mr. Hart, saying jthat he was so' seriously nn well? as to beptterly unable to stand even if he were on the field. He? then "asked that a postpone ment of twenty four hours be granted. Mr. Towrfsend demanded-- that the re quest be reduced to writing. Mf. Force declined to accede to this demand. Mr, Townsend thereupon said that he should be under the necessity' of "posting" Mr. Force and his friend. Upon this, Force offered to take Hart's place anS let the fight proceed. Townsend stated that' he was entirely at his disposal fend the ground was measured off.- Here we see that Forqe again becomes a principal. He and Towtsend were relatives an4 friends, Their families were exceedingly fntimate and the; young men were alrfiost like brothers.: Yet here they were,f with not a shadow of a quarrel between themselves personally, brought face to face in deadly qombat. j Both were smarting under in- suits that had been put upon iheir friends, and both were jealous of their honor. They were reluctant, however, to 2. eiiiu am at win Ttitis-saidt remarked: "If I much better shot than he i&y T I When the men were in j position it was . . mi . i ; ' I bravery of scarlet and gold, were hurry-1 ins toward the great pageant.. 'There, in the midst of graves, with tombstones standing white reminders-of death all habout them, with the voiqeless people be- neath their feet, in the. heart of a great jcity, wliere the rattle of the passing carts and the hum of the mart might tall upon their ears, these young friends were about to try to kill eachother in defense of; a chivalric folly. They! were placed with ? their bades to- ward each other. The second of Town- send took his place on: a high piece of ground and caUeAre you ready ' The men, both ananghrm and cool, answered l es. "Wheel, ' shouted the secondj "Fire ! one two three!" At the word Force wheeled I like a machine, leveling his gun as he tad so. r At the i r-- - . ,1,, ? , wulub' ' .f .'; snouiuer as no wf wu, uu ug mm 19 iue g,;u . smoke cleared away an Force saw his cousin stretched upon the ground, he mrew Ilia iTUil uwvvii oJiUt . i usiiiu&L w f , , . , t , wnere; Iie uliU i,uur .his forgiveness. Ihe wounded man tree- lJ Save this, and the two were friends ain- Townsend's wound was very uangerous, huu iu was miii; umuro nc i- coveredif Kc has done 60 ct. The affair created great excitement m the d hom the city for orne years. at n5th was allowed to return by a . . ; . t. H.. W. G. Investigation Concluded. I ' T 1 The investigation of the charges against Collector Young, ym CQncIuded bned .ut:mv) ioi-. m 4 ""uwovo wero examined. t The .tekimonymites several hundred . pages in manuscript, which has been, laid before the CommisT f 1 - ' ! ... : - : - sioner of Internal Revenue. : I ; . J . ..... -; . . .p. . .. . v .. V . .. Mr, Young left on yesterday for Wjasli ington, in order that he may be npon,thd ground, ready for a arther defence.Yk-i;;' td j meet in Vienna and idiscuss the proposed SL SK" uwku hoi win uc jtouh vi vi.m uuiw L... 1 ,,:: . dar t at - he cemetery A1 the powers ot Europe wnp were parties experience, but was vivacious and smil- x DUMBER 43. THE DEAD 'COME TO LIFE. MR. SCHRACK DIES, BUT STI&Lv LIVES. The RrmarKa ble Story of' How, Whle He Was Being Prepared for Burial and the Crape Was On the Door, He . Was Rooking Upon a ". VisroN in Another Land. . i ; ; At seven o'clock; on Sunday morning crape hung by the door of the welling 123 Mary street, a thoroughfare between Carpenter street and Washington avenue; in the Second ward. iThe neighbor who knewjlie story of a - long and painful ill ness said : "Poor vMr. Sehrack; has gone at last!"- Word was; sent to the doctor that he, need attend his patient no longer. The undertaker . was visited. En Old . Swedes' (Gloria Dei) Church Mr. Sehrack'a death was announced and the Sunday school -scholars commented upon ther death of the teacher they had learned i to - love. i -.-.'? . "L"r At- 11 o'clock, four hours later, the crape was torn down from beside the dwelling in Mary street. The order for the undertaker was countermanded. The doctor was told to hurry to his patient. The Sunday school scholars j in Old Swedes's Church were r about passing a resolution of condolence with their teacher's orphaned boy when the pastor, Rev. S. B. Simes, was handed a piece of paper bearing the Bingle word, hastily written : "Revived." The neighborhood was soon thick with rumors all having for their purport tho coming1 of the dead to life. Among thoso whoLad'ftttinkling of the facts it was generally agreed that something Dot far short of a miracle had happened. The story is a remarkable one. ! - J. Harry Sehrack, once a wealthy mer chant, lost nearly all his fortdne by in dorsing the notes of others who were either ingrates or were themselves unfor- tunate. With his only son, his wife and two childrn having died, ha' has for some i . A.A.t.i four months he has been?, seriously ill, . : C lL. 1 t. f.i self gave up all hope of living, and the attending physician, Dr. James H. Cantrell, expected his patient's death momentarily. i ; me. schrack dies. ; - ADDarentlv M- Schraek diedat twen- ty mimites of 8even 0'cloek on Sunday morniner. His limbs became- cold and hklips oolored j purpl(5) and aronnd hig mouti was yne marky geaQrally ar,A uf fV, A Ur. . a r iaced ovcr hi& m0llth. bat U. ... . . ,. , xr. nfi:(flhnrs ' ho Rto0(1 aronn(i Drononnccd him dead anid 2rieved for ; a few hours afterwards .the body letel giri tUat it might be r r i, . - d K r " 1 mpa WQcrunn1 rnti rrtmaa ir way n Pfft!irv j Al :, .j .. i t.... .11.1. W III.IVrT II 1 I I III! ..Il I . I- 111 I m u . 10 remove 11 irom wie uecu a neignoor, I Air. Charles ohankland. lifted the bod v. when, to his alarm he distinctly heard a feeble ; groan. A ; hurried - examination developed the fact that thevman.was not dead, -he body was wrapped in' blan kets and bottles of hot water , placed be tween them; Mr. Shankland hurried for the doctor, and, returning quickly, acted under the instructions he had received un til the doctor arrived, s in . a short time Mr. Schrack had regained consciousness, and was sitting up in bed, but more than that, the man who before was lyingat d doQ and wh0 was1 terribly, afflict ed with disease, was almost as sound and ! well as ever lie was in! his life,. Mr. Schrack dreaded the .idea of his peculiar case being made 1 public, ibut, if the par ticulars were to be related he said ho would prefer narrating tb.em. himself, bo J tht the statement might be correct! , A Times representative yesterday' found hiin smuig up uvu, wun. wjui.. wiw , in his cheeks and( looking like anything - . but acorpse: He,-a-ybung;man,v pro J bablv thirfv Tears of age," a good talker VI' " - " - 1 ' ' w ' ,; : ' 5 and intedisrcnt. He sooke in a hoarse j whisper, riot tho result of hb illnes, but ;: . , . . . . . caused by hisf catching s a slight cbld 4n I consequence' of the pcrspriation he was thrown into by the remedies employed to I ling, and at times loked abouttho expres- sions P doctor when; he found him . - ; . . .- .- n .H.,;.i.,! J H A TII ll hl9 RtOfV- AS IOIIOWR l' 'J i V ; f. it I
The Weekly Raleigh Register (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Feb. 14, 1878, edition 1
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