THE ORGAN OF THE NORTH CAROLINA BAPTIST&DBVOTBD TO BIBLE RELIGION, EDUCATION, LITERATURE AND GENERAL INTELLIGENCE.
Volume 88.'
RALEIGH, N. C, WEDNESDAY, JANUARY, 28, 1893 v
Number SO.
The Biblical Recorder.
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Talks About LawHo. 10.
BY JVBQZ B. W. WINSTON.
SOMK DAMAGE CASES.
John William Smith, an Englishman, has
written a favorite law book on the subject
of contracts. In style it is simple and easy;
but it is accurate, very clear and strong.
One, not a lawyer, can do no better than to
read it.
He says that if we except the law of real
Sroperty and of crime and causes, then aris
ig in the Court of Exchequer, the whole
Sracticeof our courts of common law may be
istrtbu ted into two classes, contracts' and
torts. He then proceeds to treat of -; the
former; while we will, in a modest way,
consider some principles underlying the
latter. 4 '
A tort is a civil wrong or injury. To speak
Eenerally, wherever there is a wrong, the
iw provides a remedy. The amount recov
ered is spoken of as damages. ; -Without
seeking to classify, let us begin
in the middle and illustrate by cases deter
mined by our courts. ';,,
- Dodson owned a dog that he considered
valuable. Oue Mock, a neighbor, raised
sheep and poultry. Dodson's dog sucked
one of Monk's hen's eggs, and caught one of
his sheep. Thereupon Mock shot and killed
the dog. Dodson sued, Mock for damages
for killing the dog. , Mock set up 'as a de
fence the facts above. But the court, Judge
Gaston, said, that it was no justification;
and so Dodson recovered damages. The
Judge remarked tbat "it is not denied that
a dog may be of such a ferocious disposition
or predatory habits as to render him a nuis
ance to. the community, and if suffered to go
at large, may be killed by any person."
But Judge Pearson, in a later case, ques
tioned this last exposition of the law.
But in a case tbat occurred about the
same time, the court held that if a man kiil
a dog tht had destroyed two of his sheep
and is prowling around to kill others, he is
not answerable in damages. " It hath al
ways been taken for the Taw, that a sheep
stealing dog, found lurking about where
sheep are kept, incurs the penalty of death."
Judge Pearsou's review of Judge Gasto,
no doubt, had much to do with the passage
. of our present statute, which makes the
owner of a sheep-killing dog indictable, if
he knows that the dog kills sheep, and then
lets it run at large. ' So that this question is
set at rest. ,
But the question of the right of a man to
kill a chickeTh-eating sow is still an open
one. In the year 1858, in New Hanover,
Mr, Nixon was the owner of a fine brood of
chickens. Mr. Morse owned a sow that had
been known to eat one chicken and to chase
anothen One fine morning, Mr. Nixon saw
the old sow prowling around near his fence,
where his chickens usually ranged, and; his
Eatience being threadbare, he shot and killed
tie sow. ' ,
Result : Morse sued him for damages.
The Judge below charged the jury that if
they believed the sow was of a predatory
character and had the reputation of a chick
en eating hog, the defendant bad the right
to kill her. ;?-v '" ' CVfM
Up went the case to the supreme court.
Our highest court said that the superior
court was in error. They say that the posi
tion that a chicken eating hog is a publio
nuisance and can be killed by any one,
would lead to monstrous consequences; and
they further held that what's law for the
dog is' not law for the hog, ;" At all events a
new trial was granted. , '
Back went the case again. This time new
evidence was offered. It appeared that the
old sow was seen with Nixon's duck in its
mouth. Nixon chased the sow. 8he dropped
the duck., Then the sow "put out" after the
duck again, and while in hot pursuitNixon
shot and killed the pest. , .
Still the lo wer court, taking the case from
Judge Pearsdn, charged the jury that the de
fendant 'was not warranted in killing the
ow. This : time the defendant appealed,
and he got a new" trial, and the case went
hack again; and the books do not say 4. the
case ever ended. . But the law was and is
settled, and is this : The owner of the duck
had a right to shoot and kill the sow, if it
was necessary tcfdo so, to protect the duck.
The knowledge that the owner of the sow
had of its bad qualities ought to have in"
duced him to keep her up, and if she was
killed, it was in consequence of hjs own de
fault V Damnum absque injuria as the law
Latin has it.
So much for dogs and hogs. But how
about a vicious bull f In 1850, John
Nixon's bull gored, Joseph Cockerham's
horse. Nixon was sued to recover damages.
The court say that if Nixon knew that the
bull was vicious and turned it loose, he was
responsible for all damages that the bull did.
How about injuries sustained in passing
over bad bridges and roads t Suppose that
a wagon and team break through a bad
county bridge and the team are drowned,
and the wagon lost, who pays the bill t No
""OttpratTalh - r?r--
But. if it is a town or city bridge, you get
full damages. The distinction is this: Towns
and cities are granted unusual privileges
about markets, and police and fires and other
things, and so they must be very careful.
Down in Newbern, last year, a gentleman
ftll on a side-walk and broke his arm He
sued the city and. claimed that he fell be
cause of. the city's negligence in letting
fish scales and slime stay on the side-walk.
The jury took this view, and he recovered
five hundred dollars; which our court said,
on appeal, was right.
How about horses running away because
of unusual noises and sights, such as drums
and fireworks? and how about injury to
people from the discharge of fireworks! '
Two neighbors in Boston, a few years
ago, were celebrating with- the Grunt Club.
Etch stood in his own house. Oue shot
Roman candles and the other sky rockets.
The stick of one sky rocket accidentally put
out the eye of the neighbor's boy. Suit for
damages, and damages recovered.
In Massachusetts and in New .York, it ia
held, and North Carolina would no doubt so
hold, that the whole business of exploding
crackers on the streets on any day is un
lawful. ;-:V- :..,;-.v...;..::;.. , M-,i,J.:,a
In 1825 in this State, a boy beat a drum
and caused a horse to run away, and the
owner recovered damages.
But it is to be remembered that one has
the right to pursue his usual and lawful oc
cupation, in the usual way, and if a horse
take fright and do damage, on account of it,
the law gives no damages to the owner.
Ouce upon a time a man's horse took fright
at the elephant belonging to a circus, which
was travelling along the highway. 1 The
horse ran and destroyed its owner's buggy.
But the court said that an elephant had a
right to the public road, and that if the ele
phant behaved himself and was properly
driven, no damages were recoverable.
For example, if a military company were
drilling, and it were necessary to beat the
drum and play the flfe; horses must not in
terfere. So if a horse is frightened and runs
away because the railroad engine blows for
the station or for any other necessary pur
pose, the owner can get no damages.
Hut if the railroad has its cars at an unu
sual and unnecessary place and thereby the
horse is frightened and does damage, the
owner has a good cause of action. For ex
ample, Dr. Hassell, one day in 1890, was
going out of Williamston, riding in his
buggy. , A box car was not in its usual or
proper place, but projected two feet at a
bridge at a public crossing. . The Doctor's
horse took fright, ran away, smashed the
buggy, and injured the Doctor. The jury
gave him five hundred dollars damages, and
our court said that it was right. So if the
engine blows in order to frighten the horse,
the railroad is liable.
Suppose that a farmer has cotton to ship.
He carries it to the depot and leaves it, and
says to the agent that he will get his bill of
tiding in a day or two,, and, before be gets it
and before he tells the agent where the cot
ton is to be sent, it is burned, whose loss is
itf Not the railroad's, if they have used
ordinary care in keeping It, for they are not
yet '. common carriers. But, if the bill of
lading is given out and the relation of com-
P . . .. .L. J i 11
mon carrier exisis, men tne rauroaa wouia
be responsible for the loss. This case has
just occurred in our State. ; ;i , ;
Again, suppose that you have some fine
hoes or poultry, and you go the city and
engage to sell them for a fancy price. You
pat them on the railroad and ship them to
the purchaser, ana tney are iosi or aesiroy ea,
what damaaes do you get. the market value
of the property, or the price at Which you
sold them ! well, this aepenas. yea
have told the railroad tbat you have sold the
property, to be delivered at such a time and
at such a price, and they fait to deliver as
agreed, you recover, as damages, the amdunt
4bat you were to be paid; "but unless you
make such a contract with the railroad, your
damages would be the market price.
A very funny case occurred at Haw River
in Alamance county a year or two ago. Sev
eral parties made up their minds tbat they
would gt) and see the circus to be held at
HillsboroY So they went to Haw River and
bought railroad tickets to Hillsboro. The
trains came along, and being already full of
passengers, gave Haw River the "go by."
Tne disappointed 1 circus goers iocs; me
matter into court, where it was decided that
the railroad must not only pay damages, but
If it had notice of the unusually large crowd,
and wilfully, negligently and carelessly fail
ed to make provision by putting on addi
tional coaches, the parties were entitled to
punitive damages, and tne ranroaa pam
about seven hundred dollars, it was re
ported. 1 i , .
Let us see a moment what Is meant by
this ; word punitive. " Whenever, gener
ally speaking, an injury Is done to your per
son, in a wilful, careless and grossly negli
gent way, the law says that you may have
not on'y compensatory damages, nut mat
the guilty party must be made to suffer pun
ishment for his bad conduct.
For example, if a railroad conductor un
lawfully, puts a passenger oft the cars, and
suit is brought against the company to re
cover damages for the act of the conductor,
an Important inquiry would be, How did
the conductor deport himself in putting you
Off f .;Ht',;;';":'v ? f-V;?, -i1
If he was careless and insulting and blunt
in bis manner, and, did you more violence
than was necessary,; the company would
have to pay vindictive or punitory damages.
But if he behaved himself in a becoming
manners with nocarelessness or malice or
recklessness, the damages "would "be only-
enough to compensate you for your loss, or
course, if, you were in the wrong, that is to
say, bad no ticket, or no proper ticxet, or
were behaving in such a way as to be a nui
sance and were put off, you would get no
damages. ' ' v 1
. A year or two ago,' a man named : Young
sued the telegraph company to recover pu
nitive damage. They had greatly wounded
his sensibilities, he claimed, by not deliver
ing a telegram in time, and he was not able
to be present at the death bed of his wife.
The court said that if the company was
really careless in delivering such a message,
it was a case for punitive damages. But the
funny part of the matter was that Young
dropped his suit because the telegraph com
pany, before the second trial, found out that
Young had wife No. 2 living when wife No.
1 died. The jury would, no doubt, have
thought that he bad no sensibilities to hurt
If a mill owner order an important piece
of machinery and it does not come accord
ing to contract time,' damages may be re
covered; but not anticipated profits on the
mill, if the machinery had arrived in time.
These would be speculative damages. "A
reasonable rent and insurance, during the
period of suspension, in addition to supply ing
the defective parts of the machinery,"
would be the measure : of damages, say the
court in the leading case of Boyle vs. Reeder
in 1st Iredell's Law. '
In Moore county In 1879, Robets and
Cole were neighbors, and bad a division
fence which they agreed, should be kept up
in this way: Roberts to repair his separate
half, Cole his half. Cole failed to keep up
his half, and stock ate up Roberts' crop.
Suit for damages. Wbat was the measure,
think yout Profit on the crop if made I No.
This would be speculative. It would be
the cost of repairing the fence and such sum
as would pay the damage done the crop when
Roberts first discovered the injury.; You
see a -man cannot "make" damages for him
self. If he can prevent further loss, it is his
duty to do so. .' '": . s ; '.r-yy'T: .:
: But we must conclude with a damage case
for selling liquor to a minor. If a liquor
seller do this, the boy's father or his guar
dian, if the father be dead, can sue the liquor
seller, and by our statute he can recover,
not only what damage the liquor has done
the boy, but also damages by way of pun
ishment, which shall not be less than twenty
dollars in each case and may be five thou
sand dollars. In some States the law makes
the liquor seller liable for all the injury that
any drunken man does while drunk with
that particular dealer's intoxicants. Bat we
hare no such statute in North Carolina, ,
Charity.
"Above all things have fervent charity
among yourselves: for charity shall cover
the multitude of sins." , 1 Pet. 4: 8. .
' L . ABO VII ALL THINGS." ;
;1 Here "Charity," or christian love, is com
mended as the most important of all the
chrfstian graces. - In lOor. 13: 13, it is said:
"Now abideth faith, hope, charity, these
three; but the greatest of these is charity."
No other christian graces can exist without
love. No one can have ' faith " or hope "
who does not love God. The christian life
begins in love. It can grow and strengthen
in no other soil . but love. Love lifts us
higher than any other grace. It allies us to
God. It makes us like him: "God is Love."
Therefore, we should put love and keep it
"above all things.' ' 1 " "
IL '"HAVI FERVENT CHABITT AMONG YOUB
- t. " SELVES." , ' '
" Fervent charity," glowing, ' sincere
love, not only to God, but "among your
selves " as brethren. ' -
Hundreds of times in the Bible christians
are exhorted and commanded to, loveone
another. But perhaps no command is more
constantly and universally disregarded. It
would be a difficult thine to find a church
all of whose members really love each other.
In how many churches could you find twen
ty members who sincerely love each other
as christians because they are christians I
There may be a kind of dead peace and life
less harmony, v There may be no open
breaches or , broils. - They may meet and
work together in a cold and heartless way.
But there is no brotherly love to warm and
cheer and sweeten their work and nnion.
But in many churches it is far worse than
this. Coldness, unkindness, hatred, strife,
has driven from many hearts all brotherly
love; and 'members of the same church
brethren in Christ are open - enemies of
each others They work against each other.
If in church work one proposes a measure,
the. other will oppose it They go about
like buzzards smelling for foul things to say
against each other.
Instead of " having fervent charity among
themselves," they are full of hatred ; and
are so living as to stab the cause of Christ,
to give the lie to their own profession of
faith, and to be stumbling blocks in the way
of sinners. . .'
j The command, "have fervent charity
among yourselves,", implies that christians
can and ought to love one another. If we
are christians we have a new nature of love.
"God is love," and we partake of his nature.
Love is of God; hatred is of the devil. If
we are God's children we must love. But
says one, "I have enemies. They are doing
me wrong. How can I love them I" If you
are a christian you have1 love. Love is
mighty. It can drive out hatred and con-
-jnfr'nemiea
Sigismund, a king of PoTaharcftptured in
war a number of enemies. tie xept-tnem
alive. His friends reproached him because
he did not destroy his enemjes. "I have
destroyed them," he said. "I have by kind
ness destroyed their enmity, and made them
my loving friends." - ' 'v
t Bro. RichardPeed, a deacon of Flat River
Union Baptist church, Granville county, N.
C, once had a neighbor who for some cause
became his bitter enemy. This neighbor
was prostrated by a long spell of sickness
amid the severity of winter. His wife and
children suffered for fire wood. Bra Peed
took his htnds and wagons 'and cut and
hauled wood all day for the sick man. He
then cut it the proper lengths for the fire
places, and piled it on" the porch where his
wife could easily get it. This man ever
afterwards was Bro. Peed's warm friend.
Love conquored him. , If christians differ,
they should conquor each other with love,
and have "fervent charity among them
selves." ' ' . . t
Ill "FOB CHABITT SHALL COVEB A MULTITUDE
" - OF SINS,"
' Charity is a broad,' thick cover. It can
hide a "multitude of sins." ' If we have
love, we will not always be looking far
faults in our brethren. If they have faults,
we would rather not see them. But if we
are obliged to see them, we will want to
hide them if possible, hoping they will soon
be given up. ' ,' . ': - 1
. ..AU christians have faults None are per
fect Perhaps all have a besetting sin V.
that "easily overcomes them." Sam Jones
says, " When God converted me he showed
me what a miserable,-vile sinner; I am.
Ever since then I have felt more like pitying
other sinners than abusing them." , . ,
If fault-finding, christians could just see
their own many and great faults, it would
make them more ' charitable ; towards the
faults of their brethren, and they would
rather hide them than expose them. '.
V. As no one is perfect, it is wrong to condemn
a brother and say be is no christian because
he has faults. Travelling ou the train, I
heard a preacher and a lawyer discussing
christian character. ; The lawyer was puz
zled by, the fact that christians were so iin,
perfect The preacher said : " You must
not judge christians alone by their faults;
you must judge them bythe general aim .
and trend of their lives. When you lawyers
want to prove a man's character yon atk the
witness, 4 Do you know not the particu
larbut the general character of this man V
If his general character is good, he stands in
court So we should judge cbr stians.
They may have some faults, but they may
have many virtues. : They may be striving
to diminish their faults and increase their
virtues. If christians, this is their daily aim
and desire. As far as it is wise, we should
throw the mantle of charity over the faults
of christians, and magnify their virtues."
It is better to be imperfect and conscious
of it, and struggling against it, than to be
satisfied with our own self righteousness. A
brother may think himself to be good, much
better ; than his brother. But while he
boasts of his goodness, as the Pharisee, his
despised brother may be : praying, as the
Publican, "God be merciful to be a Binner;"
and may 44 go down justified rather than the
other.'! .
It would be easier to cover the. faults of
our brethren if we loved them more and
knew them better. Asa rule, the brother
you dislike is not near as bad as you think
he is. If you would let him explain his acts
they would appear in a very different light
If you show him tbat he has wronged you,
he will readily confess the wrong and beg
forgiveness. If christians would deal thus
with each other there would not be so-many
faults needing covering. V ' r J" " v .
Love does bids a multitude of sins. Here
is a father and mother. They have a way
ward, reckless boy. He has plunged into
degrading and ruinous sins. But his parents
do not see many of his faults. Those they
do see they would palliate or cover. Why t
uc is bueiE miy, ' lurr uiui. , . ,
If we are God's children, he loves us in
spite of all our faults.
II parents can love a recKiess ooy a uea
can love sucu sinners as we are ought we
not to love each other as brethren, in spite
of faults, and because we are brethren t ; J
In Psalms 82: 1, 2, God in mercy says to
ns if we are christians: 44 blessed is he whose
tracgression is forgiven, whose sin is cov
ered. Blessed is the man unto whom the
Lord imputeth not iniquity." i '
When we remember now much oi sin ana
imperfection God has forgiven and covered
in us, let us cherish that christian charity
that will, as much as possible, hide t he
fan Its of our brethren. v
' O for more 44 charity " among brethren.
44 Charity suffereth long, and is kind; chari
ty envieth not Steketh pot her own; i
not easily ' provoked, thinketh no evil.
Bearetu all thiBg87tlievfth all things,
hopeth all things, endureth alfthings."
J. A. Stbadlet.
-' , Death's Doings in North Carolina.
1 Scarcely' more than a year - has passed
since I left the home and friends in my na
tive State, and already of those who hare
gone away, not to a land of heathen daik
ness, but to the land of eternal light and
joy, the list is rapidly lengthening.
On that last . Sunday morning when I
parted from the loved friends at Moravian
a ciiad a ' dhcvi iu v pj ws jj v v va
Mrs. Spainhour and 1 ber daughter, Mrs.
HemphilLTbey.had Just moved into a-
new collage wnertj tuey uupru iu hpf nu io-
gether their declining years of widowhood.
The old sister said to me, as I took her band
in parting, tbat 6he would never live to te e
me again. But almost the first letters
brought news, not of ber death, but of that
of her daughter, Mrs. Hem philL For nearly
thirty years a widow, she had long lived
among the good : people of that community,
in kuv nniat. -nn nrrnKtmeitrtt ibt Hmt r
good to ail around her, and filling a place in
the little church which must now remain
Tacant "
-- Ouly a few mails came till one brought
the news that her mother was gone, even as
she said. - Raised in that mountain country
in the early days of the century, she lacked
the advantages of education; but she was
ever alive to i's Importance, and was care
ful that her children should have as much,
as circumstances would allow. Her influ
ence on the educational interests tf a large
section was great, exerted through her chil
dren, several of whom have attained tmi
nence "as. teachers, and all are helpers in
every good word and work., '
A little later came word that there was a
vacant place in the circle of friends at Wake
Forest; Prof- Beckwith had passed beyond
mortal sight He will be greatly mihMrd
from the College, where his scholarship w on
him the respect of the' boys, his contagious
enthusiasm made them zealous In their work
in the class-room, while his noble cbara ter
and his devoted piety won for him their sin
cere affection. ; Even more, his churcht s
win miss mm, ior nis preacning power hi it
pastoral gifts eminently fitted him for the
work of the ministry.; I was expecting to
hear that, he had h-ft the school-room to-
give ms wooie uuie ui iu xutuibiry.
The months tbat followed brought word"
that numerous other homes were desolate at
Wake Forest, and that among thote who
had gone out from that community of good
people were Mrs. Win gate and Mrs, Roy all,
full of years and full of usefulnet-s; Mr. Si
mons, ; young, active and energetic; the
Mioses Fort modest, pious, useful; Mrs.
Gill, so recently gone to the new home now
desolate. ; . . - y&:r?i'''":-:.:
. Once more, the last mail tells me that two
better land. Away back in the later sixties,
N. B. Cannaday totk me with him jo Foiet
vllle to spend a night in the home of Dr.
Vann In all the years that have follow dt
I have felt that I could always coutit lira
my friend, always ready to help according
to the need. , But now he is aone, acd for
me North Carolina is poorer, and one of the
warmest friends and supporters of the Col
lege will no more be beai d in its behalf.
But none of these deaths bring a feeling
of deeper personal bereavement than that of
A. T. Denny. . Several yearssgo he revealed
to me his impressions which I saw v era
leading him to the ministry. The last con
versation I had with him revealed similar
impressions which I thought would bru 5
him to China, Both as boy and man. he
was noted for his fidelity to his convictions
of duty. : Pious, earnest zenlous, faithful,
I bad hoped for him a long life of useful
ness. But God is wiser than we; may he
give us who remain zeal-and fidtlity rro
portioned to our responsibility.
, G. W. Creem.
; ' .The Bible.
Other books may fascinate the intellect;
by this alone can you cleanse the heart.
They who Cease to reverence God's writ
ten word loss one of the most elevating, on 0
of the most comforting influences of hum. 1
life. -- -; v..;
Other books may make you learn r- l. cr
eloquent or subtle; this ; book alone c
make you wise unto salvation.
o Read your Bibles 1 ; Fill your whol fv-1
with the thought of Chribt, make f t it
not only a Redeemer, but a Broil; ; ; 1
only a Savior, but a Friend.
, In other literatures may trickle 1 n
there 6ome shallow runnel fun tl - "
emptiable fountaia of wisdom, "- f 1 .
these, alas I turbid too often v i:'. '
passions, freited with human 0' '
cboked at last in morass or s ind ; ! i 1 1
book, majestic and fathoai!
river of the water of life it ' ,
out of the throne of God t 1 .
Frederick W. Farrar.
1 Never think that C, I
denials. Hold on; 1 ' 1
tience is r;cnia3. i: ,