-THB-
t;!.ANTii.M &, Pittman, Proprietors.
PROVE ALL TIIINGS AND UOLD FAST TO THAT WHICH 18 GOOD."
f 1.00
Ptr Year In Advance.
VOL. V.
DUNN, N. C, WEDNESDAY, NOVEMBER 13, 1895
NO. 44.
eiTOTY
0MIMo
NORTH STATE
CULLINGS.
Of r. L RRKNCE W ORTH NOTEINQ
KKOM ALL OVER THE STATE. '
Au Important Duty for the Clerks of
Court.
I bo f ollow ing is an important duty
iayjhed upon clerks of the Superior
C . 'ut. fitetion 5, chapter 159, of the
Vet-, of ISOo, is as follows: "That the
'i-.-ik f tho Superior Court of each
-uiity hhal 1, within twelve months
n:t r tbe ratification of this act, estab
ii ,b. alter or create separate places of
(! rti"n in their respective counties,
f - t provide, as near as may bo, at
, i t !M) scarntc place of voting for
, iy :i"0 electors in every Bub-divis-i
--1 t t tb it respective counties, wheth
, , li sub-diision lo a township,
: , city or ward; of which said ac
t , ih.. Kaid rlerk hhalj give due no-
-. ! v advertisement in some public
i .i d published in the county, if
;i: ; f 'm Ji there be; otherwise in some
1 i!.- plnce within the boundaries of
.. . - ' i f r;aid voting places or precincts
i':! d the court house door in the
. .-( .' Untitled Sth of March, 1H9.",.
I'nlael Kertili.er.
' time, ago Mr. Powell, afarmer,
i . i.-ML Jit 'suit, at Ilakigli, against Presi
i. r t ('biiiiiberliiin, of the Oaraleigh
I-!; chute Company, for selling him
t'l'My bags of untagged fertilizer.
I : 1 tu reiiireH $10 fine for every un
1 bug, h'tlf of this money going
t . HgrK-Vilturnl department and
IV: ( tii man reporting the case,
i ! .1 b fore a magistrate, tho verdict
mii- ng.iiiifst Mr. Chamberlain. A com
I i -.ins -i; wns ngrecd upon, and so the
i ; whs not jut on the court docket.
Mr. r..( ll claims that Mr. Chamber
1 -tu ngri d to pay him S100, his Isw
v. i t. . snnd cotstK in the case. Mr.
tt imbt iliiiii claims he only promised
t . mv Cd'tO, so Tdr. Powell brought
it in the Superior Court to compel
t!i'; Hyjn'iit of court costs and lawyer
t- On Thursday the court decided
hi Mr. Chamberlain's favor ane order
. 1 tho $100 debt cancelled. Thus Mr.
i''u 11 in ont"all but that amount.
4k
A ((.. n Mill Tor Fayetteville.
Mr. L. "; Holt has placed a-cou-i
t with Messrs. Poe k JJroadfoot, of
I'i.y. H- ulle; for J00,000 brick, iith
i-i h he will erect a cotton mill at
tint place. Tho great enterprise (a
tu t-.ry of $.500,000 value) is an assur-
I tact, as the deeds for ithe Bite have
l - it signed,- and the work is virtually
"in iim lu-ed. Tho prespects for the
-t ilili.shnient of a large bleachery at
i nvettevilltj aro also bright. The
v. nr of the id reams in and aronud
, tteville, it is claimed, are abso
lute !v free of minora properties.
::
.'-O.OOO for a Hnsbanil's Love.
iiuouucement is made of the com
ii'iiiise suit for $0(1,000 damages
I . M ht by Mrs. Belle Hinds, of
V:ij, i bury, .against Miss Elizabeth
Miliums, of'ew Bedford, on n basis
. -,-f .-i.oort.. .Miss Williams is n Bpin--t
r of wealth, .who is alleged to have
jib. Muted the allectioris of the husband
i M i s. II finis. " The caso has been in
tli" .iii t for two years.
-
l'oliaceo Factory Uurned. '
t Ibdtoit, Thursday night fire de
stii d a large tobacco factory con
tuning :t0,00 pounds of manufaetur
. -1 ."'id leaf tobacco. The postofllce,
si'-u house and mx pmaller buildings
'tr also eonsumwd. Tho origin of
I.- tire is unknown. Losses are heavy
itli I, ut little insurance. The old
tuMilv residence of Mr. Dalton was
v .1 from destruction.
-
I In; election in Craven county for
'".rl ta and for bridges, held on
Im-s.lay last, resulted in the defeat of
'tli propositions. .
N.-:ir Charlotte a 5-year-old child
l I- ft by its parents at home and
v m they returned the child was
.''i 1 1" d to a crisp.
i. o rge Washington, Js'. who mur
td Charles Neville some time ago,
xx tried at Tarboro and" convicted of
n il l. r in the lirst-degree. Tho de-
'i-e otVered no testimony.
bi winding upthe Hawkins case, at
'lidctgh, the pillow receives $50,(M0.
I n it r the eoTu) promise she waives all
'tl;er cluiins. Under provisions of the
vj!1 sljo would have received alxuit
i.ooo.
Loretta Hall's boarding house, at
H. t Springs, twentv-rive rooms, was
! H n, I the other day. The guests lost
' y- i.Mhing; some furniture wasaved.
r ive thousand dollars insurance on the
1 '"i iing, which, was owned by the
s "t!i. ru Improvement Company, and
" dieted by Mrs. H. W. Swain.
' I I RACK DISCUSSION ENDED.
1,1 Whole Matter Now Goes to Its
Third Head In-.
x - s.mji Carolina Constitutional Con-
-ii in sessiftu at Colunilia has at last
"r !' t.'.l the discussion of tho suffrage ar
l1' and th whole thing has now been sent
'r. third reading. A vigorous effort was
aa.lf to prntthe possibility of fraud in
han.liinar -f the registration books, but a
ar'pv"1"11 lookine to th was killed. After
' Px,M't,vt debate th ordinance providing
r hh !,., nf statrt bonds to enable the sev
.; ;: "','"itifs of the state to do business on a
) l ais was killed, .- -
arti i "! nve,1tioa took up tho section of . the
f.,H '" ' ," j"ri-prudanoe allowing the state to
.',; " ' !l'U'K-s of venue frorn.one county to
; ui- r in .-riminsl eases, giving the state
?LSa'n!' "Stasis allowed "the defendants,
ihi' n',-anini of the proposition is that
i !?'"" wisnes to try men charged with
. i-1 us.. if the dlspensarv law in counties
ia'j. ('a,n tbirO"'n. This was developed
i.t. !'HU-' AU the lawyers were turned
1,,,'"" "it- vital questioii und a lively de-
tV ;-'..rj,'.-" Tillman severely handles
BATTLE OF THE BaLLOTS.
Results of the November j Elections
in Various States.
SEVEN GOVERNORS SELECTED.
Th Repnbltcnns Succenfal In Nearly all
j StateiXew York and New Jerrey
Kepabllcan by rrKe Mkjorltlei A
Republican Governor for Maryland
Tammany Wine In New York City.
The November eleotions of 1895, although
held In what is called "an off year," excited
unusual interest In all the thirteen States
and In the one Territory In which the battle
of the ballots was fought. In nearly every
State there wa3 a fierce fight within the
party that is usually predominant, because
of some local issue and tht3 made it almost
impossible to successfully forecast the re
sults. Good weather prevailed all over the
Union and because of this heavy votes were
polled everywhere. In many places new
methods of voting were tr.ed, all of which
worked successfully.
New York
The weather throughout New York State
was flno and favorable to the Republican
ticket. Full votes wero polled in the eities,
and about two-thirds of tho vote seems to
have been brought cit in the country. Not
one county went "Democratic above Harlem
River. Th;re was a marked tendency to vote
straight tickets in handling tho blanket bal
lot. The number of spoiled ballot was sur
vrisingly small.
. Th3 State re-"loets tho present Stat of
ficers and elects Judiro Celora E. M irtin .
the Court of Appeals by pluralities or a'ou
70,000. The same ticket was carried in 1"L'
by about 21,000 plurality. Rochester is th.
only city showing- Dsmocratlo gains. Re
publicans carried Rensselaer and Albaav
Counties, electing 8nators in each. Raines
waselected to the Senate in the Forty-second
District, and Coggeshall, indepfndont was
elected in Oneida. Nobo-iy but Republicans
weri elected in Erie County.
Senator Clarence Lexow was re-elected in
the Thirty-second District,!)- a re.lucod mn
jority. Westchester County went with the
Republican wave. J. ft-vin? Burns was
chosen Senator against Charles P. McClel
land. The county went ahout 1750 Republi
can on State officers.
The Senate and Assembly are now Repub
lican by good working majorities. In each
House the Republican majority has been
largely increased. Tho New York State Sen
ate, whioh will hold for three years and votn
for a United States Senator in 1897. will
probably stand: Republicans, 37; Demo
crats, 12; independent. 1; Republican ma
jority, 24. The Assembly will standi Repub
licans, 103; Democrats, 42; Republican ma
jority, 6G. .
The Republican State offlcprs were re
elected by an average plurality of about
R5.000. '
It is estimated that tha proposition to ex
pend $9,000,000 upon canal improvements is
carried. The measure is a Republican on-
and it is believed 4he ticket earrie 1 it
through. The canal vote was, however,
very light in some parts of tho State, and
the question was misunderstood in others.
' In New York City Tammany' nail electe l
every one of its candidates for city and
county offices, ten out of twelve candidates
for tho State Senate, thirty out of thirty-five
candidates for tho Assembly, and Amos J.
Cummings, its candidate for the Unite!
States House of Representatives. Out of a
total registration of 281,009, Horatio C.
King, Demcratic candidate for Secretary of
Slate, received 133,961 votes, against 97,379
for John Palmer, the Republican candidate.
Of the entire voto for all the city and county
officers Tammany Hall had a large majority.
Tammany Hall elected its entire city a ad
county ticket by pluralities- varying from
18,000 to 23,0110. It was estimated that the
Steckler vote would not exceed 75C0,
and that the Good I Oovernmpnt
ticket vote would not . exceed 1000.
The plurality in New York City for Horatio
C. King, Democrat, for Secretary of State,
over John rainier Republican, is 43,000.
For County Clerk, Henry D. Purroy, Tam
many, has 17,000 plurality over Thomas L..
Hamilton, Fusion. For Register, Will
iam Sohmer, Tammany, defeats Thomas
F. Keatintr, Fusion, by: about 25.000.
Contrary to all expectation, the new ballot
caused practically no trouble at all, and ex
cept in a few instances it seemed to give per
fect satisfaction. A unique feature of the
day was the presence at some of the polls of
women, who invited voters to cast ballots
for some particular candidate.
Brooklyn and Kings County gave the head
of the Democratic State ticket, General
Horatio J. King, a resident of Brooklyn,
about 9000 majority. Fourteen out of twen-tv-one
Republican Asemblymeu and possi
bly sixtfe; at least five of the seven Repub
lican candidates for Senate wew elected.
The Republicans, it was said, had elects a
majority of the Board of Aldermen.
Edward M. Grout, the Democratic candidate,
was elected Mayor of Brooklyn by a small
plurality. The vote for Shepard
was smaller than was . anticipated.
Later th9 authoritative statement that th.
entire regular Demoer.ttic eity and county
ticket had been elected in Brooklyn and
Kings County was made by John L. Shea.
Chairman of the Campaign Committee.
In Long Island City corrected return
showed the election of Patrick J. GleosonY
friends by a plurality of about 200.
Pennsylvania. I
Pennsylvania has elected naywood, R
publican, for State Treasurer, by a majorat
approximating 175,000. against 135,146 Ma
jority in 1893 for Jackson, Republican, State
Treasurer. The six Rspubliean candidate-"
for Superior Judges are elected by majorities
slightly below that for Haywood.
Kansas.
The only State contest in the election in
Kansas was for Chief Justice of the Supreme
Court to till the uni-xpired term of Chief
Justice Horton. TheeW-ction of David Mar
tin, Republican, is conceded.
In the county elections generally throupra
out the State the returns so far Indicate Re
publican success and show that the Populists
have lost ground.
Nw Jersey.
For the first time since 1863 New Jersey
Klrfotwd a lirtnublieau Governor. John W.
Grigg of PatersiU, was victorious over
Chancellor Alexander T, MoGlll by a plural-
f ECRETA"B V OF STATE PALI-fER.
If y estimated at a late hour from fairly com
plete returns of about 20,000.
Hudson Countv.t lie hAmn nt fh
Lcandidato. gave him a plurality of about
ovw; uui rsei, in wnicn 15 tne city ol New-
GOVERSOR-ELECT oniGOS, QT NEW JERSEY.
I
ark. r,ad tho rural districts went heavily,
a.zainst him. .
The Senate will remain Republican, as
last year, and so will the House of Assem
bly. The Democrats made gains in the latt
ter body. Last winter they had but six ol
the sixiy members. Next winter they wil
have a membership of -more than one-third.
3Iaryland.
Maryland went Republican by a plurality
of over 5000. The Republican majority lri
Baltimore will be nearly 10,000.
Lowndes ran ahead of his ticket, but the
othersare not as far behind as it was be
lieved they would be.
Senator Gorman's own county Howard
has gone against him. . The Republican ma
jority there will probably reach 600. In 1891
it sravo Brown, Democrat, about 400.
The Herald (Jnd.) concedes tho election ot
Lowndes, Republican, and Bays his majority
in the State may reach 20.000. It alsso con
cods the election of a Republican Legisla
ture, which means a Republican successor to
Senator Gibson, and says the entire Republi
can State and city ticket Is elected by good
majorities.
Lowndes carried Allegheny, his own
county, by a majority of about 1500, an In
crease of 1000 over Van Nortz's majority over
Brown in 1891. Caroline County, which gave
Br jwn (Dem.), a majority in 1891, has given
Lowndes a majority.
GOVERNOR-ELECT LOWNDES, OT MARYLAND.
At 11 p. m. the Democratic State Commit
tee conceded the election of Lowndes (Rep.)
for Governor, and Hooper (nep.j for Mayor
of Baltimore.
MaKsacliasetta.
A very large vote was polled in Massa
chusetts and Frederic T. Greenhalge was re
elected Governor by a plurality estimated at
70.000, against 65,000 last year.
The vote in Boston gives Greenhalge 33,
786 and Williams 33,287; Williams's plurality,"
2501.
The defeat of tho woman suffrage referen
dum is pronounced . The cities and towns
are both arrayed against the movement.
Ninety-one towns out of 853 voted as fol-j
lows: Yes, 12,505; No. 22,202. Wellesley
College favored woman suffrage. Three
hundred and ten votes were cast in the affirm-
OOVERNOR GREENHALOE, OT MASSACHUSETTS.
ative, 149 In the negative, and 98 of those
registered did not vote.
Of the forty Senators, not more than five
are Democrats, and of the 240 Representa
tives all but about fifty are Republicans.
Ohio.
Ohio is Republican by a big majority. The
Republican State Conrmittee claims 90,000
plurality.
The Republicans will have a large major
ity in the Legislature, Insuring the election
GOVERNOR-ELECT BCSHN" ELL, Or 6BlO.
r.f a Republican United States Senator to sue
ei Calvin S. Brice. This will bethaflret
.me ia many years that tha Republicans
vill have both Senators.
TV' slz3 of the vote was surprising to all
rariies. lidus the laritet ever polled In the
State. Campbell's hopes of gains In the
cities of Cincinnati. Cleveland, Toledo and
Columbus were dissipated by the first re
turns. These cities more than equalled their
former pluralities, and the counties indicat
ed little chancre.
Governor McKinley Mid that Ohio had
given 100.000 plurality to General Bushnell.
General Anderson, Chairman ol the Demo
cratic State Committee, admitted that upon
the face of the. returns it looked like a
plurality for Bushnell of at least 40,000.
Campbell admits his defeat.
Coxey, the Populist candidate for Gov
ernor, polled 6),CO0 votes, many mora than
either party credited to htm. Chairman
Anderson, of the Democratic State Commit-;
tee, attributes this as one of the causes of
Democratic defeat.
James R. Garfield, son of President Oar-,
field, Is elected State Senator by 13,000 In
:ne Akron District.
Colorado.
The elections in Colorado were for county
officers. A light vote was cast In many
counties, due to a snow storm lasting most
ot the day. In the three large . counties.
Arapahoe, El Paso and Pueblo, the Repub
lican party seems to be defeated.
In Denver the interest in the election was
Intense, and the fusion ticket will probably
win. Armstrong for Sheriff is certainly
elected over Webb. the. Republican candi
date. The women voted about as generally
as the men.
Mississippi.
Mississippi has elected ex-Senator A. J.
McLaurin, with small opposition from the
A. 3. M'LAURIN, GOVERNOR OF MISSISSIPPI.
People's party candidate, Frank Burkitt.
There was no Republican candidate. The
Democratic majority will bo aboui 35,000 in
the State. '
Illinois. .,
Returns indicate that W. T. Hadley, Re
publican, has carried every' , county in the
Eighteenth Congressional District of Illinois
over Edward L ine. Democrat. His majority
Will be at least 250 ), which ; is nearly" 1000
greater than of Remanns, Republican, a year
ago. Lane ran on a freo silver platform, and
the Democrats cut him mercilessly.
Republicans have carried the election by
pluralities of about 30.000 on the entire
ticket. Ball, the Republican candidate for
Judge of the Suprpne CcJTrt, has defeated
Morrison, Democrat, by 4'3,50O. The Repub
licans elected five of the trustees for the
$50,000,000 drainage canal.
i owa.
The Iowa Republican State Committeee
claim the election of th"ir ticket by a plu
rality of 75,000. while the Populists double
their vote of 35000 last year.
The Legislature, which will elect a Senator
to succeed Allison, will ba strongly Republi
can in both branches. The Republicans
claim at least 70 out of 100 representatives
and 35 out of 50 Senators. Late newspaper
estimates, based upon returns from all over
he State, place Drake's plurality at 30,000,
with the rest of the ticket running from 5000
to 10,000 ahead of him.
: The contest was for the Legislature and
State officers, the successful ticket being as
follows: Governor, Francis Marion Drake;
Lieutenant-Governor. Matt Parrott; Superin
tendent of Public Instruction, Henry Sabin;
Railroad Commissioner. Gaorge W. Perkins;
Supre ne Court Judge. Josiah Given.
Virginia.
The election in Virginia was for members
of the House of Delegates, and for half of
tin State Senators, tho Democrats, and the
Republicans combined with the "hones
eiectionists" having tickets in the field.
Tho returns show that the Democrats will
have a three-fourths majority in the Legisla-
ture"
Kentucky.
Louisville ha3 gone Republican by 6000.
Bradley (Rep.) has carried Kenton County,
and Republicans have elected a Mayor in
Covington.
Returns from ninety-five counties and
towns, mostly incomplete, give Hardin 32,
155. Bradley 23,536; Hardin's majority, 3619.
The Legislature 13 Democratic.
Nebraska.
It is conceded that the Republicans have
elected their State ticket in Nebraska. A
Justice of the Supreme Court and two
Regents of the State University were the
offices to be filled. The successful candi
dates are T. L. Noval for Justice, and Charle
H. Morrill and H. S. Gould for Regents.
The Republicans carried Omaha by aoout
1000 plurality.
Michigan.
Mayor Pingree carried Detroit, Mioh., by
10,000 majority, an increase over his last vic
tory. He is the only man to be elected
Mayor of Detroit four times.
Utah.
Statehood has been secured in Utah. Early
indications pointed to a Republican success
in the Territory and the election of two Re
publican Senators from the new State.
A S2.000.000 BLAZE.
The Biggest Fire In New York City for
Tear.
Fire destroyed $2,000,000 worth of property
at Bleecker street and Broadway in New
York City on Election night. The Manhat
tan Savings Institution Bailding and the
Empire State Bank Building were consumed.
Several firemen and citizems were injured
by falling timbers, and there were many nar
row escapes and thrilling rescues.
The fire started at the southwest corner of
Crosby and Bleecker streets at nine o'clock.
When Policeman Walsh turned in the alarm
the flames were bursting from a dozen win
dows. The fire attained wonderful head
way, and when he first firemen reached the
scene their coats were badly burned, so in
tense was the heat.
There was a loud explosion in the build
ing occupied by the Empire State Bank eoon
after the flames were discovered. Firemen,
and citizens who were aiding them, were
thrown half way across the street, A mass
of timber followed them, and they were all
injured.
The flames quickly jumped across the
street, and in a few moments the Manhattan
Savings Institution Building was In flames.
Both buildings were destroyed.
Acknowledged Braill's Blhl.
The British naval commander in Brazilian
waters has been informed that the English
Government acknowledges Brazil's rights in
the Island of Trinidad-. The British fleet left
Rio Janeiro for Montevideo, Uruguay.
' l
StTUK.UK COURT DECISIONS.
Digest of the Opinions Handed Down
During; the Pust Week.
fRr-purted br Perrln Pus'pp. Esq., or the Raleigh
Bar.)
W. H. Johnston. Ex'r, (appellant) vs. W. T.
Knight et al., from Vance county. Opin
ion by Faircloth, C. J.
1. If tha donee of a power in
tends to execute that power, that in
tentioniiowever manifested, whether
directly or indirectly, positively or by
just implication, will make the execu
tion valid and operative.
2. A residuary devise will oparateas
an execution of a power to dispose of
a property by wiLl, unless there is
something to show that such was not
the testator's intention.
3. As there is nothing to show a
contrary intention, the fact that the
donee of the power devises to the
identical persons and no others, who
were debignated in the will giving the
power intended thereby to exercise the !
authority given her; and as the donee
could not have devised the property to
anyone else, a rasiduary clause in such
will includes all the property which
the devisor could dispose of.
4. Where a will jirovides "that the
balance of my estate be equally di
vided between A, B, and the children
of G and D, and the children of E;"
Held, that these words require a dis
tribution per capita, as any other con
struction would do violence to the ap
parent intent of the will.
Affirmed.
A. W. Shaflor vs. Bryan Gaynor (appellant),
From Beaufort county. Opinion by Avery,
1. Testimony tending to locate tho
boundaries of land by the general
reputation in the neighborhood is ad
missible under any circumstances.
2. AVhere the acts of dominion con
sisted in cutting timber some time dur
ing a particular year on a piece of
woodland, but there was no evidence
to show that the acts were continuous,
or that the land, though while covered
with timber, was not susceptible to
other use and might not have been
cleared and cultivated, regardless of
its capacity for profitable production :
Held, that such acts are not such as
sertions of ownership as would ripen
into title.
8. Parol proof is not, as a general
rule, admissible to vary or contradict a
plain written description, but it is al-s
ways competent to show where the
parties to a deed located tho lines and
corners by a contemporaneous survey
in order to define more exactly what
was intended to pass. Hence it is
competent to prove that a contempor
aneous, but not a subsequent survey,
located a corner at a place different
from that ascertained by following
course and distance.
4. Where declarations are made by
on.) in possession of land, characteriz
ing or explaining his claim of owner
bhip, or in disparagement of his own
title, they are competent as evidence,
not only against the declarant, but
against all persons claiming under him.
But such declarations, when offered to
contradict a plain, unambiguous de
scription, are incompetent.
5. Where the defendant, with a view
of 'showing damages, offered to show
that one Linke prevented the sale of
the lumber cut by him on tho land in
dispute; Held, that it was not error to
exclude such evidence, as there had
been no testimony to show that Lin be
was tho agent of the plaintiff.
('. Where the executions under
which the land was sold issued upon
debts created before the year 1868,
title passed to tho purchaser discharg
ed of all liability to, allotment as a
homestead. Aftirmcd.
Howell & Jeffreys vs. J. B. Cl-man and
wife (appellants) from Edgecomln; county.
Opinion by Fain-'.otb, C. J.
1. Where it was admitted that when
the mortgage for $1,000 was signed by
the defendants it secured only $."00,
md that in that condition the defend
ant, J. B. Coleman, carried it to the
store of the plaintiffs, the mortgages,
and where there was conflicting evi
dence as to tbe time when the change
was made in the mortgage; Held, that
the one issue submitted: "Is the
mortgage and crop lien for $1,000,
dated .Taly 27, 1S01, and probated Sep
tember 0, 1801, the deed of tho de
fendants?" together with his Honor's
charge that the change beiugadmittcd,
the burden was on the plaintiffs to
satisfy the jury that such change was
made with the consent of the defend
ants, or was known and approved by
tbem at or before the acknowledge
ment for probate and registration, was
sufficient both in form and substance.
2. The fact that the feme defendant
admitted that she rer.d and examined
the deed when she acknowledged it for
probate is sufficient evidence of knowl
edge and approval. of the change to go
to the jury.
No error.
S. T. Moftitt (appellant), vs. George H.
Glass. -t. al., from Wake county. Opin
ion by Faircloth, C. J.
In an action for damages for breach
of contract in building a house, where
the issue: "Did defendant, Glass,
make the contract with the plaintiff as
alleged?" was answered "No;" Held,
that the plaintiff's right to a quantum
meruit inquiry does not depend solely
upon the contract, but upon the ground
that he rendered service in work and
labor i er formed, and that question
6houldhave been heard under the issue:
"Was the building accepted by defend
ant or his asrent?" and "Was the build
ing completed according to contract?"
New trial.
M. E. Brassfild, Administratix, vs. W. O.
Powell . Co.. (appellants) from Wake
eounnty. Opinion by Furches, J.
Where B, being indebted to the
plaintiff's ef-tate, executed to him a
mortgage on his crop to be grown in
ls04. which mortgage was registered
on .Tauuary 1891; and being also
indebted to defendants to the amount
of 8126.18, ani desiring to obtain
from them advances to the amount of
$185, to enable him to make and gath
er his crop, executed to defendants an
agricultural lien under the statute
to the amount of $185, and in tho
same instrument made a chattel mort
gage oh his crop and other property
to secure the $126.19 which instru
ment was registered on Jan. 1884;
Held, that the clause in tho inFtru
nient executed to the defendants:
"There is no incumbrance on said per
sonal property, except that I am to
pay J. S. Brassneld out of crop $116,
and interest on same from Dec. 25th,
1893," makes a lien on the crop to be
paid out of the crop, and when the
defendants accepted this conveyance
with this provision in it, they accepted
it as trustees and are bound to carry
out the trust.
No error.
In re the will of Frank Palmer, from Wake
county. Opinion by Montgomery, J.
1. After a will has been admitted to
probate in common form and letters
testamentary issued to the executor,
tho Clerk of the Superior Court cannot
remove such executor and appoint a
collector for the estate without a hear
ing based upon notice to show cause
why he Bhould not be removed.
2. In such case it is the duty of the
Clerk, upon the caveators giving the
bond required of them by law, to
transfer the case to the Superior Court
for trial, and also to issue an order to
the executor, requiring him to pre
serve the property and collect the debts
of the decendant until the issue of de
visavit vel non should be determined.
No error.
State vs. Georgo Dardn et al, (appellants)
from Titt county. Opinion by Clark, J.
1. Where an indictment on ita face'
was good and sufficient as a charge for
stealing the temporary use of a horse,
the addition of the buggy does not vit
iate tho indictment as to the horse, but
w as simply harmless surplusage so far
as the face of the indictment goas.
2. Where sufficient matter appears
in the bill to enable tho Court to pro
ceed to judgement, the code, sect. 1183
forbids an arrest of judgment.
No error.
In re Jas. S. Caldwell, from Guilford county,
rer curiam.
Rule to show cause why order to
grant license to practice law should
not be revoked because of his failure
to pay tho tax due the State. Rule
discharged upon payment of costs, it
being made to appear that the said
State tax was paid since the issuance
of the notice to show cause.
GENTRY WON THE RACE.
He Took Three Straight Heats from
Patchen at Reldsville.
Lowering clouds, a misty, milky at
mosphere and a cold wind served to
(keep hundreds away from the races at
jReidgville on Tuesday, but despite all
ithis a good crowd was present and the
racing excellent. Owing to the recent
heavy rains the track was slow, the
back stretch in particular being heavy.
Mr. Curry, Patchen's driver, rated the
course at least five seconds slow.
The following is a summary of the
racing by heats.
First, race, 2:20 class, purse $300.
Panstone 1, 2, 2, 1, 2. Time, first
heat, 2.23. Billy Ackerson 4, 6, 6, 6,
D. R. Time, two heats, 2:21j. Mag-
:ie Campbell, 3, 3, 3, 3, 3. Time,
hree heats, 2:21 1-4. Miss Thomp-
son, 2, 4, 5, 4, 4. Time, four heats,
;2:23j. Clipper, 5, 1, 1, 2, 1. Time,
5 heats, 2:25. Billie Wilkes, 6, 5, 4,
5., 2:25 D. R.
Second race, Patchen and Gentry,
purse $2,000. Gentry drew the pole.
Gentry, 1, 1, 1; Patchen, 2, 2, 2.
Time, first heat, 2:10; time, second
heat, 2:09; time, third heat, 2:09.
The three-minute race was post
poned a day.
The Rockingham County Fair Asso
ciation closed their fall racing events
on Wednesday. The attendance was
sm'all but the racing- was very good.
The great pacers, Patchen and Gentry,
are to night quartered in their palace
car awaiting a train -. to luchmond,
where they are to race to-morrow.
While the association has had a most
disheartening misfortune in the way of
weather and in consequence will lose
tome money, yet it remains a fact that
they have the finest mile racecourse in
the South, and it is bound to be a
source of profit ev.entually. Below is
a summary of tho second and last
dav s races. '
First race, 3-minute class; purse
$200 Princess Eulalia, 1, 1,1; time
2:24; Queen Bess, 2, 2, 2.
Second race, 2:25-class; purse $250
Archie, 1, 1, 3, 3, 3, 2, 3; Albert C, 2
2, I, 1, 2, 4, 2; Kitty B, 4, 4, 4, 3, 1,
1, 1; Mnsyneton, 3,3, 2, 3, D. R. ;
General Dashwood, 5, 5, 5, 5, 5, Lf. 14
Time, 2:23 1-4:
Third race, 2:45-class, purse $150
Pepper Sauce, 1, 1,1; Lady May, 2,
2, 2. Time, 2:30.
Match race, purse $50 Entries,
Nellv Jewett. Laura C. Won by
Laura C. in 2:29 1-4.
A Negro Kle'eted asaDemocrat.
James C. Matthews, colored, formerly re
corder of .dt-eds at Washington, D. C, under
Prt-sident Cleveland's first administration,
has t.cen -lected judse of the Recorder's
Court, of Albany, N. i.. wnicn orace carries
with it th powrs of a Supreme Court
HU m.'ii .ritv is over 2.000. He was
n'-riiioat-d aud -le-tl on the regular Demo-
erati. ticket. It is the highest judicial omce
evfr h"ld by a man of his race In this
country. -
Six Persons Hurned to Death.
Six membre of one family perished by
Are in their home on the top floor of the
four-story tenement house at 311 Van Brunt
street, Brooklyn, N. Y., at 1 o'clock Friday
morninp. Toe names of the dead are: Cbaa
Ryan, his wife, Ellen, and their daughters,
Johanna. 20 years old; Sarah, 17;Maggief 14,
and Lizz", 12. The "restarted from a gas
jet in a hall on the ground floor.
Bernard Wise, the most talked-of-p-liti-eiau
iu New Souih Wales, is only thirty-four
years of age. At twenty-vcn be. whs At-tonP.v-Oeoarl
STATUS OF BUSINESS.
The, General Elections Temporarily
Cheek Trade, Unseasonably Warm
Weather South.
Bradstreet's report for the past week says:
The interruption of general trade through
out theeouptry,incident to election, has been
emphasize by unsually mild weather, which .
checks demand for clothing, heavy-weight
textiles and other seasonable goods. But
there is Uttle reason for the the reaction in
sentiment by many who discuss business
conditions.! Every wave of increased de
mand since the tide began to rise in jiarcn
has resulted in net again. The sentiment of
to-day generally is that the outlook promises
an active spring trade, and that tne nouaay
season will prove satisfactory.
Bang ciearinjn inrousnout toe imcea
States this week aggregate 1,121,000,000, a
gain of 3.5 per cent, over last week.
ine leature ol tne wee it among larger eas
tern cities I Is an improved demand for tex
tiles, with Increased strength in iron at
Pittsburg after the recent reaction. At cities
in tho Central and Western States a largo
volume of business is reported without ma
terial change, numerous complaints being
made from Cincinnati. A fair business is
reported f ifom Chicago in shoes and rubbers,
owing to the weather conditions St. Louis
reports a larger volume of trade, while at
Kansas City the opposite is true, owing ti
the conswpienees of prolonsred dry weather
last month, similar advices are reeeivea
from Omaha. At Milwaukee, Minneapolis
and St. Pajul general trade is quiet. Cain
continues to move freely to Duluth and lake
traffic continues active.
At the Sputh unseasonably warm weatbr
is complained of. and in some instances
there are ireports of increased demand for
staples, bdt on the whole, the prospect fovois
an active I spring trade. Mercantile collec
tions aro improved, and in a number of in
stances lafge standing accounts are paid.
Many woolen mills are also closing to wait
for orders: though the demand is fairly satis
factory for some dress eoods and worsteds
ami the Wiashincton Mills open clay worsteds
at 10 cent-i advance. But prices of this and
most qualities of woolens are still unsteady
for manufacturers do not yet know what
they bave;to meet. Cotton mills do well, as
the halt apd hesitation In cotton does not
stop buyiijg of goods and many believe goods
safe at current prices even if cotton is not.
GOMEZ'S PROCLAMATION
i -
Congratulating the Cubans Upon the
Formation of a Government.
At New York, SenorTomas Estrada Palma,
plenipotentiary delegate of the Cuban revo
lutionary party, announced on Saturday that
he had just received tho proclamation ot
General Maximo Gomez, which confutes the
statement that he (Gomez) intends tq with
draw f rora the field. The proclamation Is as
follows :
'To the officers and Soldiers of the Army
of Liberty : We have just achieved a great
work, a rionster work, the installation of the
government, which has thrown from my
shouldersi and conscience the burden of the
great responsibility of being the chief execu
tive of the army of liberty.
"I con$ider this beautiful work of the con
stitution of such magnitude and transcen-.
dency that I see in it an assurance of the life
nud iiual establishment of the Cuban repub
lic. I ahvays nourished the hope that from
the soil where the remains of Agremonte lie
would cc me forth ft new legion of enthusi
astic patriots to put an end to the enterprise
started in 1863, carrying it to a successful
issue. )
"My hopes are being realized. Of those
patriots who aro here around ma some are
lighting he Spaniards, tho others are formu
lating the laws "Which will guide the destinies
of the infaut republic. Soldiers. I swear by
my sword and by my honor to be a faithful
guardian of the constitution of the republic,
its government and your country's, interest.
"Maxijio Gomez,
"Cm. in Chief of the Cuban Army."
Lieutehants Caj?ar A. Halas and Alfred A.
SanchezJ who came to New York as emissar
ies from General Maximo Gomez with 160,
000 for tho Cuban junta, said that they left
General Gomez ou October 17th at tho plan
tation of Cavito. They were escorted by
Colonel Rodriguez and 250 men to La
Principajl plantation, where they had a fight
with the Spaniards, lasting three hours,
when tlxj: Spanish troops were routed. - The
emissaries then proceeded to the coast with
out eseoK and escaped in a sponge diver's
boat. When they reached tho Bahama
Islands they met au Englishman in a smack
boat whp took them to Nassau, and there
they embarked on board the steamship
Antillar jfor New York.
AVERAGE WKIGIIT OF BALKS.
rort Receipts and Overland for Two
Months. i
New Orleans cotton exchange statement
says: Actual average weight 1,773,769 bales
of the cotton crop, embracing port receipts
and overland for two months ending Octo
ber 31st! 513 50-100 pounds per bale, against
519 69-100 pounds per bale last year. Detail
ed avenges are as follows:
Texas, 540 68-100 pounds, decrease under
last year, 4 10-100 pounds; Louisiana, 620
20-100, decrease 4 24 100; Alabama, etc., 605,
increase 15; Georgia, 490 8-100, decrease 13
33-100: South Carolina, 501 51-100, decrease
8; North Carolina. 498 54-100, decrease 44-000;
Virgiuila, 489 96-100. increase 2 60-100; Ten
nesBeej etc, including Memphis, St. Louis
and overland, .513 90-100; decrease 90-100.
Net decrease for whole as compared with
the elrfse of September this year 3 73-100
pounds! per bale, and compared with October
last year it 6hows a decrease. 6 19-100 bales.
An 1 . eiguty-year-oia usuerman oi
Amesbury, Mass., caught a lobster
lour feet long and weighing twentv-
five pounds at Salisbury Beach a few
days igo.
IT 13
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other HleU Arm Full RleUel Plated
Sewing Machine for $1 5.00 an op.
Call1 on our asent or write os. we
want yon r trade. bss If rle?
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hav It. TVe challenee the world to
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THE HEW HOHE SSWIEG HACHIHE CO.
FOR SALE fef
'OAINEY & JORDAN Dunn, N. C.
1 .