Newspapers / The Catawba County News … / Dec. 13, 1906, edition 1 / Page 1
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I If W If mM3K XI ; ,M1f Newton 7oL XXVIII. Newton, N. C Thursday December 13, 1906. No. 33. Seven Springs News, Correeponilr-noe of The Enterprise. Djc. the 3, A. S" Kiles philos ophy, Tnere seems to be this difference between cheerfulness aid mirth: The Mercury ovar the checrfn! nun alrcaws stands at about 70 in the shade: While the mirthful mancoas up to 90 and then at times sinks down to zsro. To supply a man's neces sities takes but little but to feed his desires takes an enpire, Thre is uothine which a chaste and refined woman detects so quickly as the atmosphere ever an impure man. It retires a good deal more art and skill to conceal what we dont know than it does to impress others with what we do know. Men's judg ments often make blunders but their conscience never does Contentment has bean praised more and practiced less than any other conditioa of life. Fools soon get tired of their own company. There is a great deal ty fair prices, There have been quite a number of sales in this township this fall, some selling off their property to move else where Some are going to Tenn essee, Walter Reinhardt and a Mr. Hoover are preparing to go to Tennessee shortly. There have been a great many changes made this fall by persons moving from one place to another. o i . Tru:. i t a ! tvuuarb vvuibeuer Lias moved to Hickory and John Nance has gone on Whitner's farm as a tenant years. He was buried at Bethel cemetery on the ne:t day, He leaves a wife and several chil dren. May God bless the stricken family and all those connected with him in this sore trial. On November 26th. Mr. Bur. ton Cornelius and Miss Mvrtle : Abernethy of this place were .united in matrimony Rey. E. Mvfirs rT Cltawhi nfHciat.i no- May they have a smooth sail through the sea of life. The sale and moved to his farm near Wes ley's Chapel. Mrs. A. A. Hoover sold her valuable farm and mov ed to Newton and Charles Hoover is now occupying the house as he bought it through a swap of land With R, L, Shuford, L.3e Finger, will build the Minera school house A Mr. Biggerstaff ot the town of Maiden has moved to Blackburn as the miller of the roller mill that was ready for work when destroyed by fire. Mike Whitener an aged veter- of wit in the world that is like a an died a few flays ago and was broken cambric needle, very:brie(i at Wesley Chapel. He sharp at the point but no eye tojwas80 years old, He was the of Mr. R. i. Shprrill n tho 97t-.h Robert Speagle has let Brookford $ xT . i - ,. . i of November was very largely attended. As the rasult of short it to cary a tnread. it is very hard to define economy: all we seem to know about it is that one man will make a dollar by twice as much as another man can. Keep your own miseries: dont offer to swop rheumatism with any man. Too much book learn ing is of tea an injary a person m-y acpuire in this way so much in general that he want know any thing in particular. Sunday Visators, Mr. J. M Abernethy aid bride, Mr. Ben Williams, and Miss Lillie Aber last grandchild of Phillip White ner and the late uncle of P. A, Hoyle of Newton, He was a schoolmate of X, Y. Z, 73 years ago-this winter, There is one remarkable inci dent in thi3 vicinity which is this; Moses and Logan Aber j nethy twin brothers, are in their 1 83 rd year, they are both living : and are hale and hearty. They were born and raised on Potts Creek a few miles east of that noted place known as Hoghill. Their wives both died on the nathy, Mr. Roy Williams, and same day some years ago. These Miss Lottie Lanie, Mr. Martin I lwm brothers are brothers of the Withers, and Miss Sastn WiI-.ateDr. R. L. Abernethy, once Hams, Mr, Thomas L Orouse, ; President of Rutherford College, and Master Lu;z Williams, Mr. j They were born in Lincoln coun J. W Abernethy wont to Mr. L. j ty before Catawba county was P. Williams Sunday and was : formed in 1842. They were about married to miss OUis Williams of years old at tnat time. There Oliver's N, C. and came to the'are other men in Jacob's Fork springs ia the evening, the newly township who were grown men married couole looked as happy j waen this county was formed, as a big sunflower. I wish them 'These are David Lore 18, A, S. both much happiness. Two of Finger, 17, Daniel Yoder 20, G, ferrill's good looking you ng men ;m. Yoder nearly 17, Eli Leonard were at the springs Sunday; 15, M0s. s Yoder about 12 and evening, Mr. Charles Connor and ! several others. C- Caney Hun Mr John Jones, Those boys are sucker wts about 8 also. There lively and full of fun. Come are few now living who voted in again boy?, I will treat you right-j that election as they arould be 1 hare been informen that the :0ver 85 years old. We know on Sherrill Fod corresp jadence !iy 0f two who voted, they are has about gotten an Almanac com-j Marcus Smith and David Yount, pleted for 1&07. Hurrah for Broth-; Bandy's township has one roan er Elope. What next brolher. 1 ; in the person of Lawson Mostel want one so I can bell wh9 1 the iier, This slection for the divi- raoon fulls. sion of Lincoln county uiace 64 years ago last August and X. Y, crops there is a great deal of changing of farms this fall. Many men are going to the pub lic work. The Shuford Gold mine is working a good force of hands. Rey. N. M. Medlin arriv ed las week and filled his ap pointment at Rehobeth Sunday at 11 o'clock. His text was 2cor. 6-1 and his subject wa. church work. He made & good impres sion on the people. He preached at Bathany in the afternoon. Mr. Charles Connor is stili trading horses. A medecine and spectecle man passed through this neighborhood last week but i undue influence exerted on fortunately we were not at home, j testator is incompetent Mr. M. L. Kistler has recently gotton a new clerk, Mr. Frank Brotherton, Why kissing a pretty girl is like eating soup with a fork? Can some of our young men answer us- Subscribe for the old reliable. 13 months for a dollar. Houe. ! Mr. J, A. Stiles and wife visit ed Mr. and Mrs. F, M. Alley Sunday, and report a nice time. Mr. Alley's is the place to something good to eat, Mr. Burton Crnelius of Sherrill Ford, and Miss Mortia Aber nethy of Catawba ware married at the brides' parents Mr. O. F, Abem.2thy last Thursday 29. Z. remembers what a hot com ! paign it was. eet-! Enloe Yoder is doing a great ! deal of surveying, he has been in Lincoln county for a few days dividing up a farm. Charles Finger's wife is now on a visit to her father in Gaston county. A few days ago F. A. Yoder lost a Rev. E Myres tied the knot good horse with colic. Cordon Mr. Will Setz3r of Catawba has j Wilfong and wife are now living moved his saw mill close to the ! in their new home. George Mos Springs and is sawing out a set teller has moved his sawmill to of forest pines and oak for Mr, ! Bandy's township. Anew saw J, R. Stewart the o'd reliable mill is going up near G. L. Rein, sawmill man. Mr. Stuart hardt's house. There are five old purchased the timber from Mr, ' Confederate soldiers living in II. L. Yount, j Jacob's Eork township who are Now boys I will build my din-'oyer 80 years old and whose com. ing hall soon.My old friend Pomp ' bmed age is about 412 year3, Alley killed 25 giving day. rabbits Thanks- Can any township m Catawba beat this, the health of this sec- Miss Rutha Stiles is at home j tion is pretty good with the ex- after visitimr in Newton f or ception 01 a iew om ikjupib. The Yoder district school open ed last Monday with a large attendance anl with Q-ince jlsenhour as principal and Miss May Finger assistant. several weeks among her kin folks. Mr. Henry Setzer of Claremont is at the springs for his health. The weather, 1st to 2d mildi wave, 3i to 4th the soft pleasant; ; Alex Raby an old eteran is in 5th to Gth stormy 7th to 9ih blus-ja critical condition, Mrs F, K. tory 10th to I2ih cold wave; over is also so feeble that it is not Catawba and C;aremonfc and , throught that she can t live mucb. Jacob Fork. -longer, A. S. K. Jacob Fork News. There seems to be no news of importance in thi3 portion of the world. The farmers are now through with their fall work and are resting. Hog killing is now the order of the day, Thanks giving Day passed off very quiet ly with big turkey dinners and feasting upon good things. The day was pretty well observed by X. Y, Z. Sherrill's Ford News. CorrBrondence of The Enterprise Dec, 3rd. The health of the community is veary good at presant. On Tuesday Nov. 27th daring the night some one stole the horse of Mr. R, S. Sherrill out of his stable and after ridmg it as long as he wished turned it loose, The horse returned Wednesday evening. This sort the people of this section. Some "of work has become quite com of the younger Nimrods spent the day hunting rabbits. There was a large crowd at the sale of Mrs. A. A, Hoover on Thanksgiving, many came from a distance. We noticed John Hoover, Monroe Seagle, Cephas Jonas, Jacob Mull from Lincoln county, Property brought pret- mon aroued here and should be stopped in some way. Mr, Bruce Gabriel and M r. Joseph Sherrill have had the same trick played, on them this fall Died at his home near Fleming on November 28th. Mr. Wood bury Sherrill. He has been in Door health for two or three Catawba Cases in Sepreme Court. News and Obsereea. HAY VS. BENEROLEN'T ASSOCIA TION, CATAWBA. REVERSED, 1. A clause ia a policy of insurance providing that any member failing to pay his yearly assessment within thirty days after notice mailed him shall ba dropped from the association and required to pay a new mem bership fee in order to renew his insurance contemplates not a re instatement but ar einsurance which, as a new contract, the company has the option of refusing to enter into, 2, Mere acceptance of assess ments over due cannot be cons trued as a sv-anding waiver of the terms of a contract of insurance. GAIT HER VS. CARPENTER, FROM CATAWBA, NO ERROR. ... 1. When a case on appeal is tendered by the appellant and settled by the Judge with modifi cations embracing appellee's ex ceptions, it is the duty o! the oppellant t o rednof t the case as settled for the signature of the Judge, failing which the Court may in its discretion (no errors appearing on the of the record) ex mere motu affirm the judgment or remand the case, 2. In an action for malicious prosecution evidence of a jurci at the trial of the plaintiff as to the length of time jury had been out and its first tentative votes was irrelevant and should have been excluded but its admission was not reversible error. 3. An instruction to the jury that to constitute malicious prosecution there must be want of probable cause and malice and that malice was "a disposition to do the person prosecuted a wrong without legal excuae" was correct. 4. The action of the judge, on request of the jury, in handing them his charge to be carried to the jary room, although not within the very langugage of Revisal 537, could not be Jerrone- ! ous in any view of the statute and was proper in itself. And mere failure to include with the charge special instructions which had been asked and given, when no ottention was called to the omis sion at the time, is not the subject of exception afterwards. TILLING HAST, STYLES & CO VS. COTTON MILLS, FROM CATAWBA, MODIFIED AND AFFIRMED. 1. In an action for breach of contract, where defendant by counterclaim denied the ex istence there of a refusal to enter judgment by default on cointer claim was proper, since complaint alleging contract was in effect a denial thereof, and since there was formal denial made by plaintiff on leave of Court, granted in his discretion. 2. Where there has been an time nd place where the goods should have been delivered and I i ainerens ana aaauionai aamazet 1 1 arrising by reason of special j circumstances, he is required toi show that defendant had knowl- eage 01 inese circumstances ana ; of a kind from which it could be ji fairly and reasonably inferred j ' that the parties contemplated; that they should be considered! as affecting the question of i damages. j LINEBARGER VS LINEBARGER. FROM CATAWBA, NEW TRIAL. 1, In the trial of a caveat to a will it was error to admit the testimony of the wife of one of the ceveators as to declarations made by the testator in whose lands, in the event of their suc cess, her hnsband would become the owner of an undivided inter est, and the wife thought her "inchoate right of dower or estate in the land'' would have such an interest as to render her incompetent under the provisions of Revisal 1631 (Coda 590.) 2, A declaration of one of several devisees tending to show the as affecting the issue as to the' subject matter in whicn, though separate, the interest of the several devisees have common source. RILEY VS. CARPENTER, FROM CA TAWBA, NEW TRIAL. Thft shinmpnt nf tarns, hill nf lading attached, where the con tract stipulation was that bills should be sent direct to the defendant who was thea to remit to plaintiff, was not a sub stantial compliance with the contract agreement and defen dant vas justified in r-ifusinn to accept the goods and is entitled to recover of the plaiat'ff the difference in price between what the yarns were billed him at and what, in th cp:n rnaruet, he had to pay therefor. IN RE SHELTON'L WILL, FKOM LINCOLN AFFIRMED. The will offered by the p-o-pounderbore on the margin these words: "This will I, this rla.v, make void and of no effect, Jan. 16th 1905. P. M, Shelton." There was evidence tending to show that the alleged revocation was not in the hand writing of the testator. 1. Admission of testimony to the effect that testator in speak ing of his will the day before he died, made declarations tending to deny the alleged revocation was competent as bearing upon the factum of the will, thought it is otherwise when the declaration offered tends to show the con tents or effect thereof in ths mind of the testator. 2. The display of thd alleged revocation to the jury by counsel who pointed out differences in the letters in the signature oil the margin and in the body of the will, was erroneous but the atten tion of the Court should have been callen an exception taken thereto at the time. 3. When the propounder offer ed the will he did not necessarily The Cole Combined Oat and Gu ano Distributor. " Millinery! MiilinervH T ich'n is specially constructed to sow oats bv the open tnriw method Tais drill sows oats and guano &t the same tiip aod covers ti;M grain in the bottom cf an ooen Iutow. Ta- oafs w so prorect?d that they never freeze outorSpn w up. With this machine it is sale to sow oats any time in the fall or winter. xne oars snonM De pretty thick m the drill and the inr- My line is now com plete. Don't fnil to give mo a call. Ca make it to vour inter est to do so. Yours truly 302 l inn TT X TTi r T t iiionn V V rows should be 15 to 18 apart. The usual quantity is aix to twelyp pecks to the acre., Th rains and Ireez s fill the dirt a drasr or in fact thereby offer tke alleg' ed revocation written on the margin thereof and the burden of proving and establishing the same was for the ceveator who cannot avail of an exception to an erroTeous ruiling of the Court in putting the burden upon the propounder of disproving such alleged revocation. DO YOU GET UP WITH A IfAME BACK? Kidney Trouble Makes You Miserable. Almost everybody -who reads the news papers is sure to know of the wonderful cures niaae Dy ur. Ivilmer's SwanrD- Root, the great kid t ney, liver and blad der remedy. It is the great rned ioal triumph of the discovered after years N.S of scientific research 1 11 t-:i. v. --3 eminent kidney and bladder specialist, and is wonderfully successful in promptly curing lame back, uric acid, catarrh of the bladder and Bright's Disease, m i -WHICH is uin form of kidney trouble. Dr. Kilmer's 3wamp-Root is not rec ommended for everything but if you have Urintr livpr or bladder trouble it will be the found i'ust the remedy you need. It has 1 - ' . .si liC-lltl I been tested m so many ways, m work and ia .private practice, ana Has proved so successful in every case that a special arrangement has been made by which all readers of this paper, who have not already tried it, may have a sample bottle sent free by mail, also a book tell ing more about Swamp-Root, and how to hndoutit5QUnaveKiane ui uiuw I Hp wvipn writtnsr mention reading tnis absolute breach Of COntraCO IO generous offer in this paper and send your deliver goods the rule 01 damage address to ur. Mimer N. Y. The regular fiftv-cent and one- dollar size bot'les are Horn of Swamp-Boot, sold by :ill go -d druggists. Don't make any r.iHake, but remember the name, is the difference between the con tract and the market price at the around the oars protecting and cultivating them Just before tho oats bc-i,in to stalk it pava to run hrrOW OV"f-r tllTll. Thi IpVaIs tho Innrl DnH (rranHw Kn..fi the cats. The harrow tears down the ridges and does not damage the roots oi the oats because they are bH:?w the surface. Being thus deeply rooted and rr niched i?h irh earth they grow more thriftily and stand dry weather far better than when planted any other way, One vear with another one acre sowed with the Cjle Oat Sower "will pro duce as much as two acres bowed with the large grain drills. We specially reccomneud our Oat Sower for sowing oats on cotton land. This enables the farmer to get a fine crop ol oats and a crop of corn, where without the Siwer he woald get only on crop, Run the Oat Sower ti, e in each middle so as to make the farrows tiie saaie ontHT,e- apart Do thi-i ast afrer the fWd has ben picked nvpr en l the cotton ii! not b at ail damaged. In the- wintpr th , -talks eoua o knocked or exit with a etaik cutter. In th when th oats are ready to stelk, ma a drsg harrow them. The material, workraarsbip p,id de'sn ae aneq ?s!vd. It has accurate and reliable guages for brrh oats and x -nno" j-uc icni iiuu 1 m cut 011 ror srusno is tne srne u. Guano Distributor. This feed and cut eff aie the bbt made. Bv loosening a thumb nut the pert itiou can te removed 2nd the whole bos' used for guano. The machine thus be comes a fi-f ecano distributor of large capac;tv for patting out guaii ior cotton, tobacco or any other crop. It is also the handiest machine for making a 'second application ol g'iano or any crop. This Oat Sower is fine for drilling peas either in stubble or between the ro-s of any crop. We. have s 11 large numbers of them and the farmers tes tify that tby never lose a cron and get a Hrger jiel.l than any other s-ay. The Cole Combined Oat. Sower and Guano Distributor, ia more than worth its cost every season. It does the work rapidly with one mule and one hand. We know large farmers with the best Northern grain drills under their shed, who will not sow cats except in the open furrow one row at a time. Better sow fewer acrea ana get a surer crop and a larger yield. For a email price yon get three valnabla machines; (1) A combined oat sower and gnar.o distributor. (2) A com pined pea drill aad guaco distributor. (3) A fine guano distributor of large capacity and great reiiabilitv, rieae send us your order, rwr m - Why NOt sring ever our yet 7 11 T that MB! V- C-- v FURNITURE, r- V t'-' Cc o for a Smyre Hdw Co. m a Yon'e been thinking about buyln; long tine? We can shoviou the most desirable IIlg of OAK and REED Rockers ever brought to town. SIDEBOARDS, BEDROOM SUITS, and every kind of ODD Fcrnitare for sale. TRUNKS and STRAIGHT CHAIRS bought at Carload prices, SUIT CASES for tha least particulars and the most fastidious, and SEWING MACHINES that will last a life time. owe & C 9 PhoQ.?, No 21. Will Be Se nator Roosevelt. Charlotte Observer. If what is said 3 true, president Roosavelt has a cause ol worry, but it i3 not thj proposed in vestigation Of the Brownsville incident, which he welcomes. Senator Piatt's term expires in The Japanese Situation. Atlanta Journal .f resident Kcosevelt, ii 13 re ported from Washington, has already taken occasion to assure the California delegr&tion in Con gress that the remarks in his message with regard to the 1906, and the President has Japanese situation were not to be construed as meaning that he would use military force to com pel the reception of Japanese children in the school builrl ings used by white children. From the manner of hi3 Iremarks, and their tone, it is no great wonder that the Californians were in doubt. This assurence amounts to a confession on It be part of the President that ihe message was addressed rather to Japan than to the American congress. This may have bean a pretty good policy, but we are inclined to the belief that in anx iety to express friendship tow ards Japan the President laid it on a little too strong. He might h&ye got out of hi3 pre dicament without being quite so fervid in his protestations as to make California believe that her school laws were to be oyer- turned by the federal srovern ment at Japan's behast, Y?e do not believe that the federal government wilt be able to exercise dictatorial authority over local school laws, and we fare thankful for what seems to E.C. DeWitt & Co., of Chicago, at b9 the assurance that the anmin whose laboratory Kodol is prepared,!. ... . Tsurea that this remarkable cigest-j IS t ration has TO great Will to do aot and corrective for the stomach, j go tae Calif ornians were nS8fK Fi "anrDTuLa;: 1 forced toecceptthe Japs in the white schools, who knows but what some attempt mighty have been very generally credited ith awish to go from the White House to a seat among the ambassadors of the sovereign States of the Union in tha Senate chamber. He is altogether too young and lively to contemplate retirement with the pleasure shown by Washington, Jefferson Jackson and Cleveland, Unhap pily, the recent disci osurfs regarding Senator Piatt person ally and politically have been so disgraceful that the demand for his resignation is sweeling into a shout. The term of Senator Depew, who is almost equally a disgraced man, does not expire untdl 1911. These circum stances go to make a decidedly queer situation. We earnestly trust that the President will act miss the connection for the Senate. Think of the joy of a scrap between Roosevelt and Tillman, with Vardman butting id, and Davis the wild man from Arkansas, chattering his gibber ish without regard to any of the others. The country would be bathed in ecstasy. o-- - The Kodol laboratory is a very large one. bat if all the enfferera from indi gestion and stomach troubles could fenow the virtues of Kodol it would be impossible for fhe manufacturers to k"ep up with the demand. Kodol is sold here by T. R. Abernethy and R. P-Fretze. FURNITU When in need of auyihing in ihe KURJi HUE line you can et it at our STORE. We have had an im mense trade this fall in Odd Bebs, and we promise you, we are going io keep an assortment if the railroads contin ue to run- We are daily receiving goods suit nolo for the CHR i SIM AS trade. Soive beautiful RUGS and ' Rug gets just received. C 11 ear ly and get th at Rocker you have been promis ing your wife or Sweithearts and avoid the your wife rush, Onr goods are going them go. Popular teas wahe Repectfully, J. K. Hcrmai rrjei How Do You Spend Your Money First Physician Has ha got any hereditary trouble? Second Physician Ye3; I haye to hand his case down to my sen. Har per's Bazar. been made to farce the soutcern states to accept the negrcea.io white schools? T.-r cin.rm1 and cracked hands noth ing is quite as cood as an application of TWitr a Witch Hazel Salve. Put it on before goin? to bed, use an old pair of o-lnvAa and see what a diff-srenca the morning will brinf?. Sold by T. B. Aber nethy and R. P. Freeze. Are you doing it in a way to receive substantial benefit? Are you laying aside something for a RAIJV Y DA 17 If not, you will never have a better time to begin than now. To get quickly started-, begin the easiest way; come to Tlie Shuford National Bank and open an ac count in their Savings department Do notivaitfora large sum, for it may never come; just deposit whatever you yove to spare, no matter how small the amount. We will gladly assist you in getting started. We pay percent inter est and compound it quarterly in this department, Ca and.let us tell you how we do it. A. A. Shuford Pres., J, C. Smith Vice Pres. and A, H, Crowell, Cashier. Si 1 3 HI -w IB i 1 r : 'I . : : ;!
The Catawba County News (Newton, N.C.)
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Dec. 13, 1906, edition 1
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