Charlotte Democrat.
CHARLOTTE. N. C.
fob the charlotte democrat.
Statesvillk, Nov. 3, 1888.
Editors Democrat: Id the death of W.
J. Yates, the State baa sustaioed quite an
irrepairable loss, and Journalism one of
ill oldeat and best representatives, whose
aim was to always do good. As a oseial
and upright citizen, Mr Yates was unex
celled, and his good works will long live
to declare the nobility of his public spirit
for the general welfare for no "pent up
Utica" restricted bis noble spirit for the
welfare of all. His excellent Journal
(Democrat) weekly portrayed the noble
qualities of the ibid,
It had lone been the desire of the
writer to see the name of W. J. Yates
put forth for the highest office in the State,
and that of President would have been
honored by him, but bis ambition did not
lead in tbat direction, as be often declared,
preferring to use bis talents in a different
way, for the welfare of his fellow citizens.
Mr Yates was known to the writer Irom
hi boyhood, and hid parents before him,
whose memory wax honored by the pri
vate virtues of a dutiful son, who neg
lected them not in thrir old age, but loved
them the more, an example for all sons to
follow. Such a citizen in worthy a monu
ment in "Independence Square."
I am pleased that the Democrat will
continue to be published, as formerly, lor
its many patrons would feel lost without
it, and its usefulness quite indispensible
to farmers, mechanics, and general pub
lic, all of whom cannot fail to peruse its
columns with interest and profit forming
a valuable library of useful koowledge in
every household. E. B. Drake.
Cross and White.
Ualeigu, N. C, Nov. 5. This even
ing the Supreme Court filed the anxiously
expected opinion in the case of C. E.
Cross and S. C. White, the late President
and Casbie of the State National Bank
of llaleigb. The Court holds that the
forgery is a misdemeanor by the laws of
this State, and though associated with
oertain entries made on the books of the
bank, it is a distinct offence from that
constituted under the act of Congress and
does not oust the jurisdiction of the State
Cedrt to try the forgery as a separate
crime. The offences are cognizable by
different tribunals, distinct and inde
pendent in themselves, and a party may
be guilty of one and innocent of the other.
The Revised Statutes of the United
Stales, 5418, is directed againBt frauds
perpetrated against the Government and
doe not refer to promissory notes or
securities held by the banks or individuals.
Though the forgery was used in covering
ap the real condition of the bank by sup
plying spurioui in place of its wasted re
sources involves intent to defraud some
one, and under our statute the general
charge was sufficient, the Court sustains
the instructions of the Court below and
affirms its judgment, which was that
Cross and White be put at hard labor on
the public roads for a long term of years.
- ..
The Flour Trust.
The object of this trust is admitted to
be to keep down the price of wheat and to
keep up the price of flour. The great
mills of the country, as we have hereto
fore pointed out, have been selling flour
in Great Britain cheaper than in the Uni
ted States. The purpose of shipment is to
keep up prices in the home market by
getting rid of the surplus product. The
millers assert that they are compelled to
this course in order to mill at a profit; it
would be better for them to sell, for ex
ample, every third barrel abroad at, eay
50 cents less than the home rates if there
by they may charge 50 cents apiece for
the other two barrels. They also charge
that grain gambling forces them to it
Naturally the millers resort to the over
shadowing trust system in order to protect
their industry. How it is with tbera
just at present, may be gathered from the
circumstance as stated by Miller Cole of
this city. He says: "If flour made out
of grain bought ou to-day's (Saturday's)
market was shipped to England it would
cause a loss to the miller of from 40 to 50
cents a barrel." He adds: "The idea is
this, that if we pay fictitious prices for
wheat, we must have a factitious price for
flour." This is, in a nutshell, why the
trust is necessary for the millers. By the
trust they will be able to get their own
terms and sell their flour to the publio
also on their own terms. Now, what do
the farmers and the consumers respectful
ly think of such a prospect as this? It is
simply a proposal to buy wheat and sell
floor in the United States at purely ficti
tious prices. Chicago Neves.
Obscurity of Birth.
- It is only shallow-minded pretenders-
who make either distinguished origin a
matter of personal merit or obscure origin
a matter of personal reproach. A man
who is not ashamed of himself need not
be ashamed of his early condition. . It did
happen to me to be born in a log-cabin,
raised among the snow-drifts in New
Hampshire, at a period so early that when
the smoke first rose from its rude chimney
and curled over the frozen hills there was
no similar evidence of white man's habi
tation between it and the settlements on
the river of Canada. Its remains still ex
ist. I make it an anuual visit. I carry
my children to it and teach them the
hardships endured by the generations be
fore them. 1 love to dwell on the tender
reoollections, the kindred .ties, the early
affections and the narrations and incidents
which mingle with all I know of this prim
itive family abode; I weep to think that
none who then inhabited it are now among
the living; and if 1 ever fail in affection
ate veneration for him who raised it and
defended it against savage violence and
destruction, cherished all domestic com
forts beneath its roof and through the fire
and blood of seven years' revolutionary
war shrunk from no toil, no sacrifice to
serve bis oountry and to raise his children
to a condition better than his own, may
my came and the name of my posterity be
blotted from the memory of mankind.
Mantel Webster.
K37A man living near Davis &
Crowell's lime kilns has been catching
quail in a peculiar way. For three weeks
be has been spreading grain in the road
near bis plaoe where quail abound. On
the day the law was out he put wheat in
the place as usual, but had previously
soaked the wheat in whiskey. Watching
the place, he saw the quail oome out, eat,
get drank, and in a short time lie down
stupefied. He then went to them and gath
ered about 100 into a sack that he carried
with him. A few that were not fully
drunk were easily caught , by his dog.
He bas practioed the same method since
successfully. Santa Cruz Surf.
North Carolina's Independence.
I am proud that I was. born in the State
of North Carolina and that I am a citizen
of Mecklenburg county. The most mod
est and unassuming of all the States, we
do not sufficiently vindicate the just mer
its of our own people. We should culti
vate more pride in our splendid annals,
and without approaching to intolerant
vanity, we yet should have sufficient self
assertion to do justice to ourselves and
oar ancestors.
No State bas a prouder share in the
deeds snd events which are connected
with the establishment of national liberty
and national glory. In all of these she
was either first or among the first. On
her shores was planted the foot of the first
white man who landed ou the shores ol
this great land within her borders was
shed the first blood ever shed on Ameri
can soil in resistance to the oppression of
the mother country, in the battle of Ala
mance. Within her borders, one hundred
years ago, the first Declaration of Inde
pendence was made in these United States,
and by her Provincial Congress was the
first authority given to her delegates in
the Continental Congress to declare Na
tional Independence o( Great Britain.
North Carol;na, in truth, furnished the
birthplace of American liberty, but so
long as we imitate our sires she will uever
furoiith it a grave.
And in all the hundred years that have
elapsed North Carolina has maintained
the proud position she assumed in the be
ginning. True, she has not advanced in
material prosperity like some of her great
and more favored sisters. She has not
built so many railroads and large cities,
containing such vast accumulations of
capital, but in all things which pertain U
hum?n freedom, in all things which tend
to preserve the patriot souls of men white
and pure from the taint ef despotism,
North Carolina is behind none.
And though, in that splendid constella
tion ot great men who entabli&bed this
government among the nations, there may
be stars of greater magnitude and whiob
shine with a brighter lustre, yet, as it
sweeps across the plain of heaven, career
ing toward the zenith, in the van of that
glittering throng you will ever see brave
and modest North Carolina. Z. J3.
Vance, in N. C. Teacher.
Marshall Sappington, a police offi
cer in St. Louis, has just died iu the in
sane asylum in that city from the excessive
use, it is said, of quinine, which deranged
his mind. A number ot St. Louis physi
cians who were interviewed in ibis con
nection, gave it as their opinion tbat a
large number of people in that city are
suffering, not only from amaurosis a
blindness caused by the excessive use of
quinine but also from cinchonism or
quinine deafness. One of the physicians
said: "Twenty to forty grains taken
withiu say ten hours are sufficient to
cause amaurosis, and the regular use of
quinine in much smaller quantities daily
tor a few weeks is almost sure to produce
deafness, which sometimes is permanent."
Inquiry among oculists and aurists de
veloped statements tbat quinioe blind
ness and deafness prevail in St. Louis to
an alarming extent, these diseases having
scarcely ever been heard of certainly
not under their present names until the
recent shrinkage in value of this drug.
George H. VanderbiUs purchase in
North C7aro 'iTifl. Charleston, S. C. Nov.
2. George H. Vanderbilt, who has been
on a visit to Asheville, N. C, left there
for New York yesterday. He has pur
chased 1,000 acres of land near that place
on the Swananoa Kiver, and he contem
plates other large purchases. The gener
al belief is that the Vanderbilts propose
to fcpend a million dollars in the establish
ment of an industrial and mechanical
school of a charitable nature. It is said
that Mr William J. Vanderbilt and family
will accompany Mr George H. Vander
bilt on a visit to this State for two or
three months, arriving here in March.
Rooms have already been secured at one
of the hotels for their accommodation.
He Fell into a Whalb's Mouth.
"My narrowest escape lrom death," said
Capt. F. D. Haskell, a retired sea captain,
"was when I fell, like Jonah, into the
very mouth of a whale, which, however,
did not swallow me, probably not think
ing me a choice morsel. In my whaling
days we didn't have the harpoon-gun,
but were obliged to row up close to the
whale and harpoon him by a cast from
the hand. This whale that I spoke of
gave a sudden twist and threw me back
ward out of the boat. I tumbled square
ly into his month, which hung open four
teen feet from jaw to jaw. He closed his
mouth and, crushed my legs rather gently
for a whale and let me go again, when I
was picked up by one of the ship's boats.
We got the whale, though." Minneapo
lis Tribune.
K3iT A traveler in Brazil writes to a
horticultural paper telling of the crop of
mistletoe that he found growing on the
telegraph wires near Rio Janeiro. When
he first saw it he thought that floods had
left weeds hanging to the wires, but a
nearer inspection snd the height of the
wires convinced him tbat the apparent
weeds were thousands of little mistletoes
firmly fixed to the wires. Many species
of this plant grow in Brazil, and some,
called "bird weeds," bear berries whicb
are eaten by the birds. The seeds are de
posited on the telegraph wires and take
root. They are short lived of course, but
the constant deposits of seeds clothe the
wires with this curious fringe. N. Y.
Sun. . . .
m
tSf And now an Iowa man who has
spent fourteen years upon the problem
claims that he has made an auger that
will bore a square bole. His invention is
simply an oscillating head with chisel
edges and projecting lips, which cut out
the corners in advance of the chisel. The
rest of the machine is an almost exact
counterpart of the old style boriog ma
chine. It will cut a 2 by 4 mortise in
from four to five minutes with perfect ac
curacy, tbat a carpenter cannot complete
in less than half an hour. .
Surgeon-General Hamilton baa re
ceived a visit from Dr. S. J. Knott of
Atlanta, Ga., who claims to have discov
ered the cause and the cure of the yellow
fever. He believes tbat the disease is
dependent upon certain telluric and at
mospheric conditions favorable to the
accumulation of phosphorus in sufficient
quantities to produce phosphoric' poison
ing. He is positive that he can produce a
oase of yellow fever by artificial means
on top of Mount Washington.
m .
tegT" A proclamation, setting apart
Thursday, Nov. 29th, as a day of Na
tional Thanksgiving and Prayer, has been
issued by the President.
N. C. News.
13 The North Carolina Conference is
to meet at Newbero, November 28, and
the people are preparing to give the
preachers handsome entertainment. The
Daily Journal says they are "making
considerable improvements in their
dwellings."
flT" The question of forming a West
ern North Carolina Conference is being
agitated. Dr. R. N. Price of Holston,
bas opposed the movement, bat lie says
"it is coming. Our Conference is becom
ing too large to . be entertained by oar
towns."
tf One of the most uoique and artis
tic articles of house furniture we have yet
seen is the born chair, now on exhibition
at Shepherd, Mann & Johnson's on North
Main street. The chair is made entirely
of cow and buffalo horns, and is covered
with a beautifully spotted leopard skin.
The workmanship and design is very fine,
and the chair attracts much attention.
AsluvilU Citizen.
We are sorry to chronicle the
death of Mr D. F. Beam of Orleans, Lin
coln county. 1 is death occurred on
Wednesday, Oc(. 24th, 1888. He had lor
some lime been suffering from a Dealing
in his head;it is Baid he bad had it lanced
and when recently in Mt. Holly, superin
tending the construction of Jenks mills at
this place, seemed to be better. He was
considered one of the best mill-wrighls in
the State. He was about 50 years of age,
and a good man. Mt. Holly News.
Efforts are in progress to locate a
permanent camp for the State Guard near
Wilmington, and to erect batteries there
for the great gun drill and practice. It
is believed that the Stale Guard will go
into camp at Wrightsville again next
summer, and it is desired to locate a per
manent camp at that place. Winston
Sentinel.
Stockholders' Meeting. At a meet
ing of the stockholders of the Cape Fear
& Yadkin Valley Railroad, Maj. D. G.
itlacRae was chosen chairman. A large
majority ot the stock was represented in
person, and the act of Congress authoriz
ing the building ot bridges over the Cape
Fear, North East and Black Rivers, was
accepted. Also, an act of the last Legis
lature in regard to convict labor and the
extension of time granted. Among those
present from a distance were Col. J. A.
Gray, J. W. Fry and W. E. Bevill of
Greensboro; Col. J. M. Galloway, J. H.
Vaughn and J. V. Price of Madison;
Capt. Elias Bryan of Chatham; and R. T.
Gray, Esq., of Raleigh. FayelteviUe Ob
server. JIF Mr Uzzel had a very queer look
ing bird on exhibition at his fruit stand
near the Raleigh National Bank yester
day which every passer-by stopped to
look at but nobody was natural historian
enough to tell what kind of a bird it was.
It was captured by a gentleman in John
ston county. It is a targe bird about the
size of a well-grown frying-sized chicken.
Its plumage is of greyish mouse color and
it has a jet black head. From its broad,
flat toes it is very evident it is a marsh
bird of some description. Hal. Observer.
Another Lambrequin Fire. An
other one of those ioternal fashionable
mantel lambrequins oame near causing a
destructive fire last evening at G o'clock.
Mrs D. M. Coiner, who boards at Mrs E.
A. Coke's, on Broad street, struck a
match to light the lamp in her room and
probably in trying to throw the match
into the fireplace threw it against the
lambrequin, which at once blazed up.
The flames ran to the ceiling, the window
curtains and shades caught and for awhile
there was the prospect of a destructive
lire, since the house is in a thickly settled
neighborhood and when burned will burn
several others. Mrs Coiner was alone
but help was at band and in a few min
utes the fire was extinguished, though a
general alarm was made. This is the
third case of fire in the same house from
the same cause lambrequins. A man
had better store gun-powder on bis man
tel than to allow one of these abominable,
incendiary things to be tacked to it.
Statesville Landmark.
dF An unique Indian earthen bowl is
among the recent curiosities added to the
Battery Park museum. It was found on
Col. Coxe's Green River farm in Ruther
ford county, and is a magnificent speci
men of aboriginal pottery. Asheville
Citizen.
We are informed that Rev. J. T.
Bagwell, a former Winston pastor, has
joined the Northern Methodist Confer
ence and will be appointed to work in
that Church somewhere put West.
Winston -Sentinel.
3?" Farmers, when your cotton is
ginned, put it under a shelter, then there
will be no difficulty about deducting for
water.
W How is this for a "porker" ? Mr
J. F. Denning of this city sold to Kelly,
the butcher, a hog 12$ months old tbat
pulled the scales at 254 pounds.: Golds-
boro Argus.
eST" Matthew Gibbs, who lives near
Mooresville, is 108 years old. He is the
father of twenty ' children and bas been
married twice, his last wife being the
mother of fourteen children, and is eighty
seven years of age. He has in all 145
children, grand children and great grand
children. His oldest son is forty-eight
years old, and the youngest twenty-six.
Edward Kidder of Wilmington,
N. C, has bought and equipped a vessel
to ply direct between Wilmington and
the Argentine Republic The Messenger
says: The vessel is taking on a cargo to
sail Tuesday next for Buenos Ayres.
Her cargo will consist of 501,000 feet of
lumber, 300 pounds of tobacco, and sam
ples of tar, manufactured by a prominent
firm here, who are seeking to introduce
this article into the Argentine Republic.
The tobacco, also, is sent as samoles for
'the same purpose.
Mr 8. F. Pharr of Cabarrus coun
ty, lost hia right arm in a cotton gin last
Friday. While be was working with the
gin, his arm became entangled in the saws
and was drawn in, the result being that it
was literally tern to pieces to a point a
few inches above the elbow.
df Complaints are again made of
depredations on the natural oyster beds
of Pamlico Sound by vessels from Vir
ginia, against the intent of the statutes of
North Carolina. Elizabeth City Econo
mist. t3S Preparations are now beinc mada
for the national census in 1890. and It ia
expected that the population will aggre
gate seventy minions ol people, or an in
crease of fully twentv millions in a
deoade.
A Proclamation by .the President of the
United States, f -
Washington, Nov. l.-Coostant thanks
giving and gratitude are doe from the
American people to Almighty God for his
goodness and mercy, which have followed
them since the day He made them, and
vouchsafed for them a free government.
With loving kindness He bas constantly
led us in the way ot prosperity and great
ness. He haa not visited with swift . pun
ishment oar shortcomings, bat with gra
cious care He has warned as of oar de
pendence upon His forbearance and has
taught as that obedienoe to His holy law
is the prioe of a contiouanoe of His pre
cious gifts. In acknowledgment for all
that God has dane for as as a nation and
to the end that on an appointed day the
united prayers aud praise of a grateful
country may reaoh the throne of grace, I,
Grover Cleveland, President of the United
States, do hereby designate and set apart
Thursday, the twenty-ninth day of No
vember instant, as a day of thanksgiving
aud prayer, to be kept and observed
throughout the land.
On tbat day let all our people suspend
their ordinary work aud occupations, and
in their accustomed places of worship with
prayer and songs aud praise, render
thanks to God 'for all bis mercies, for the
abundant harvests whicb have rewarded
the toil of the husbandman the year tbat
has pasted, and that have followed the la
bors ot our people in their shops and their
markets and traffic Let ua give thanks
for peace and for the social order and con
tentment within our borders and for our
advancement in all that adds to national
greatness.
Mindful of the affliction with which a
portiou ot our land bas been visited let us,
while we bumble ourselves before the
power of God. acknowledge His mercy in
setting bounds to the deadly march of the
pestilence, and let our hearts be chasten
ed by sympathy with our fellow country
men, who have suuered and who mourn.
And as we return thanks for all the bless-
. a a r i
ings wnicn we nave receivea irom ine
hands of oar Heavenly r-atner, let us not
forget that He has enjoined upon us char-
it j ; and on this day of thanksgiving let
us generously remember the poor and
needy, so that our. tribute of praise aud
gratitude may be acceptable in the sight
of the Lord. ,
Done at the city of Washington, ou the
first day of November, eighteen hundred
and eighty-eight, and in the year of the
independence of the United States the oue
hundred and thirteenth.
In witness whereof, I have hereunto
signed by name and caused the seal of the
United States to be affixed.
Grover Cleveland,
By the President:
T. F. Bayard, Seo'y. of Slate.
Stanley in good 'Health.
Zanzibar, Nov. 2. Couriers from Ta
bora bring direct news from the Stanley
expedition, a portion of whiob was met at
the end of November, 1887, by Arabs
trading between lakes Victoria Nyanza
and Nzige and Tabora. These Arabs met
Stanley's rear guard at a point west of Al
bert Nyanza, southeast of Sanga, just as
the expedition was preparing to cross
swamps caused by radiation of streams
that abound in that country. The Arabs
did not see Stanley. Thedetaobment seen
consisted of thirty men. They stated that
Stanley was two days ahead. Ihe expe
dition bad suffered greatly on the march
through thick forests where it was impos
sible to advance more than one and a
quarter miles daily. They had also suf
fered in the marshes, where many had dis
appeared or died. Forty were drowned
in crossing a great river flowing from east
to the west, and one white man bad died.
Stanley was obliged to fight some tribes
that refused to supply him with provis
ions. The expedition bad often baited in
expectation of receiving reinforcements
from Congo. The rear guard, at the time
met, had only been on the march five
days alter a bait of three weeks, due to
the illness of Stanley, and a great part of
the escort who had been attacked with
fever. The Arabs estimate the total
strength of the expedition after all losses
at 250 men. The health of Stanley was
then good. The rear guard, which con
sisted of natives of Zanzibar, stated' that
Stanley had decided that he would no lon
ger advance in a northeasterly direction,
but would strike toward the north, ' hop
ing to avoid swamps. After getting a
certain distance north be intended to take
an oblique line to the eastward and go
straight to Wadelai, where it was thought
he would arrive fifty days later about
the middle of January. The Arabs were
of the opinion that the expedition was
still strong enough to reaoh Wadelai.
How to prove that the Earth Toms.
It has puzzled the heads of a good many
youngsters to know how the earth turns
round. A German educational published
in Frankfort gives the following directions
for proving tbat the earth "does move
"Take a good sized bowl; fill it nearly full
of water, and place it upon the floor of a
room which is not exposed to shakiog or
jarring from the street. Sprinkle over
the surfaoe of the water a ooatiog of Jyco-
podium powder a white substance which
is sometimes used for the purposes of the
loitet, ai almost any apotnecarys. men
upon the surfaoe of ibis coaling of powder
make, with powdered charcoal, a straight
black line, say an inch" or two - in length.
Having made this little black mark with
the charcoal powder on-the surfaoe of the
contents of the bowl, lay down upon the
floor, close to the bowl, a stiok or some
other straight object, so that it will be ex
actly parallel with the mark. If the line
happens to be parallel with ,the crack in
the floor, or with any stationary object in
the room, this will serve as welL
- - Leave the bowl undisturbed tor a lew
hours, and then observe the position of the
black mark with reference' to the object
tbat it was parallel with. It will be found
to have moved about, and to have . moved
from, east to west that is to say, in the
direction opposite to that of the move
ment of the earth on its axis. 'The earth
in simply revolving has carried the water
and everything else in the bowl around
with it, but the powder on the surfaoe bas
been left behind a little. ' The - line will
always be found to have moved from east
to west; . whicb is perfectly good proof
that everything else has moved the other
way. Court Journal.
lair"" A curious case has jest been de
cided upon appeal in a Scottish Court. A
young woman brought an action of breach
of promise against a ybung man who ad
mitted having been engaged to her. His
defense was that she objected to bis smok
ing and finally said: "Choose between
your cigar and me." He made the choice
promptly in favor of the weed, and when
she sued him the Judge held tbat by offer
ing the alternative she was respcnaible for
the swain's desertion, and the Sapreme
Coart sustained the decision.
Digest ol N. C. Supreme, Court Decisions
I FaUTermt 1888.
Webb vs Bisbp.Where debt due
by note is renewed by other notes, whose
amount is greater than that of the debt
and interest, the excess, in the absence of
explanation, will be taken to be usury, as
a consideration for forbearance.
Such usurious- excess ia a note made
prior to Mareb 24, 1875, is not recovera
ble; as the act of 1875 making void usu
rious contracts does not apply to contracts
theretofore made whicb remain governed
by Bat. Rev., chap. 114, under which the
only penalty is tbat the usurious excess is
not recoverable. Such usurious excess
must be eliminated in calculating what, is
doe on the note.' Where interest on the
usurious son haa been paid, however, it
can not be taken into account in reducing
the amount of the note; for although not
recoverable at law, it baa been paid.
Where a renewed vote is void under
the act of 1875, the creditor may disregard
it and fall back npou the former note not
void under the law, and recover upon it.
State vs Anderson. A witness for the
State Wing -asked by the defendant
counsel to testify what the declaration ol
the defendants were, he was not allowed
to testify as to tbem; but ' tbe defendant,
testifying in bis own beball, having given
bis own declarations in evidenoe, the for
mer witness was recalled and waa then
permitted to testify as to the declarations.
Held, That it there was error in the first
insiauce, it was cured by allowing the
testimony to be subsequently given.
The qiestion as to wbo shall open and
conclude, except where no evidence is in
troduced, is now left to the coart and its
decision is not reviewable. How far the
opening counsel should go in developing
bis case is felt largely to tbe discretion of
the court.
Epps and wife vs Flowers. There is
but one Superior Court, but tbe functions
of the court are in some cases exercised
by the olerk. In a case improperly
brought to term time it is allowable for
the process to be amended so that it may
be beard by tbe clerk.
'An infant feme covert cannot bind her
self by deed with privy examination so as
to deprive herself of her right to disaffirm
her contract, on becoming free from disa
bility. , . -
I When an infant feme covert joins her
husband in a deed to his land in which
she has an inchoate right of owner, and
becomes a widow and marries again dur
ing ber minority, she may disaffirm her
deed relinquishing dower and ber disa
bilities continue during ber Becond cover
ture. Kreth vs Rogers. Where a person sells
a stock of goods lo another, and takes a
mortgage on the same, the terms of whicb
require the mortgagor in purchasing oth
er goods to pay cash therefor, together
with other cautionary stipulations, such
circumstances rebut any presumption of
fraud arising from allowing the mortgagor
to remain in possession. Where the par
ties have agreed tbat the court should
find tbe tacts, and there is evidence to
warrant the finding, it must staod as con
clusive.
Where a mortgage is made of a stock of
goods as above, and tbe mortgagor in pos
session buys other goods on credit and
mingles them in confusion with his former
stock so tbat they cannot be separated,
executing a second mortgage to secure
the second vendor: Held, That because
of confusion tbe first mortgage must be
held to embrace the stock with its acces
sions; and that the second mortgagee if
be sutlers loss, suffers because of his own
laches in dealing with one whose stock
was so mortgaged and enabling him to so
intermingle the property as to prevent its
being distinguished.
Held, As tbe first Mortgagee waa not
chargeable with laches, and 'the second
was, having contributed to the confusion,
it devolved on the latter to show what
f roods on band, if any, were not embraced
n the first mortgage and all the goods
indistinguishable' musi be held to be so
embraced.
. " Collins, vs Collins. Subscribing wit
nesses to wills are not within the catego
ry of persona having transactions with the
deceased which incapacitate them from
testifying to th) fact. They are witnesses
of the law and not of a party. And
the fact that attesting witnesses are bene
fioiaries under the will does not incapaci
tate them' from testifying.
Proof of kind relations between a wife
and her husband is admissible, where he
willed his entire estate to her, and the de
vise is attacked.
Bowling vs Benton. When a complaint
states a cause of aotion defectively, it is
demurrable; and the court may ex mero
motu require the pleading to be made
more specific, but such a oomplaint is not
to be treated as not stating a cause of
action, aud tbe action dismissed.
Where one sells a mill, with dam, with
the right lo erect. dams serosa a stream
and at the time of and before the sale,
claimed and appeared to exercise the
right of ponding water on the adjacent
lands of others, ihe easement so claimed
will be understood to pass with tbe pro
perty; and a covenant of quiet enjoyment
although rot in terms ;m bracing it, will
be construed to do so; and if in fact there
be no such easement, tbat will be held
brancn- of covenant, notwithstanding the
covenant does not exoressly embrace it
if it reasonably appears tbat it was in' the
minds of the parties tbat it passed as a
part of the property conveyed.
State vs - Hicks. Under Seotion 1,117
Code, a defendant may be punished for
selling liquor on Sunday in the county
jail, and therefore where the county has
made provision for working con-nets on
the publio roads, such defendant may be
sentenced to hard, work on the publio
roads. - 5
While it is better that the judgment
should state tne fact tbat such provision
had been made by the county, vet it ia not
indispensably necessary to its validity.
ADDITIONAL DECISIONS.
Opinions were filed in tbe following
cases on Monday last :
State vs Cross and White, from Wake;
no error.
Williams vs Hodges, from Lenoir; no
error. .. " ' ..' ' Ji v.
State vs Roberts, from Durham; no
error.
State vs Harper, from Greene; no error.
'.'Puffer v s Lucas, from New Hanover:
new trial granted.. 'r
Long vs Davidson, from Alamance; no
error.
Moore vs Garner, from Granville: re
versed.
Harris vs Sneeden. from New Hanover;
no error. xr it...
Powers vs Davenport, from New Han
over: no error.
Norris vs Lather, from Wake, 2 cases
&..- vwim frnm Samnaoo: no error.
State Pogh, from New Hanover;
error; new trial. v
Washington va R. and G. Railroad; no
error.
a 1 1 1
Cotton.
Fbidat, Nov. 2, i888. Tbe movement
of tbe crop, as indicated by oar telegrams
from the South to-night, is given oeiow.
For the weekending this evening (Nov
21. the total receipts have' reached 279,
536 bales, against 270,707 bales last week,
263,203 bales the previous week ana zou,
644 bales three weeks sinoe. making tbe
total receipta since the 1st ot September,
1888, 1,657,649 bales, against z,U38,7o
bales for tbe same period of 1887, show
iog a decrease siooe September 1, 1888, of
481.096 bales.
The exports for tbe week ending this
evenieg reach a total of 188,830 bales; of
which 114,630 were to Great iJritaiii, IB,
159 to France and 58,041 to tbe rent of
the continent.
' On Wednesday the opening was wt-ak,
but Etiisou'a estimate, that 7,100,000 bait
of Araerioau cotton will be r quired 10
meet tbe wants ol tbe cotton world, gave
strength to the market. Tbe close, how
ever, was easier, in sympathy with the
Southern markets. ..Yesterday there was
some advance on the stronger accounts
and the comparatively email crop move
ment. There w. re also reduced offerings
on Southern account. Today an easier
opening was foil wed by a renewed show
ot strength, with Liverpool slightly dear
er, and private advices of an unfavorable
crop report from Memphis. Cotton ou
the - spot' i remained without quotable
change, but developed some irregularity
in tone. Low grades were in large sup
ply and weak, while high grades were
comparatively scarce and very firmly held.
To-day the market was quiet at 9.13-160
for middling uplands.
' The total sales for forward delivery for
the week are 333,900 bales.'
Saving. A man is very apt to deceive
himself into an idea that he cannot save,
and that it is ot no use attempting it. He
convinces himself that bis income is little
enough for present- necessities, and puta
off tbe hope ol accumulation, if be forms
it at all, to that happy period when he
shall be in somewhat better circumstances.
His circumstances do, perhaps, improve,
but his wants have extended as muob,
and still the time for saving is far ahead.
Thus he goes on, resolving and re-resolv-
mg, until he is at last surprised by some
sudden calamity which deprives him even
of his ordinary earnings, or by death,
which cruelly cuts bim off in the very
midst of tbe best intentions in tbe world.
J. O. THOMAS & CO.,
DEALERS IN
CHOICE GROCERIES,
Cigars, Tobacco. Country Pro
duce, etc.
tST Canned Fruits, Meats and Vegetables a
specialty. '
J. O. THOMAS & CO., ,
No. 6, North Trron St , Charlotte, N. C
July 6. 88.
W. KAUFMAN & CO.,
Leading" Clothiers,
CORNER VENTRAL HOTEL,
Charlotte, N. C.
The largest CLOTHING ESTABLISH
MENT in North Carolina, having a front of SC
feet and a depth of 175 feet, stocked with all the
Newest Styles,
1 Newest Shapes and
Newest Fabrics.
The display of fine and medium Clothing for
Men and Boys' wear is one of grandeur, such as
never before was presented to the Charlotte
Public. Our Clothing is equal to Custom Work
and tbe principles laid down by this Bouse will
be strictly adhered to.
Good Goods at Low Prices.
It will be found stocked with French. English
and Domestic Fabrics, with prices to suit the
times.
Now we have a few words to say in regard to
our Boy's and Children's Department It is the
largest ol any in the City. We have increased
its size double. Stocked with the Choicest New
. 1
York makes. Mothers will find it a great con
venience in bringing their children to us.
Champion Shirts, Waists. Collars and Neckties
can be found in this department In
Gents' Furnishing Goods
We have' an endless variety everything new.
All tbe popular makes and styles will be found
in this department
AMERICAN HOSIERY COMPANY
AND
Norfolk and New Brunswick
Underwear.
: Teck anil Four-in-Hand Ties all new.
Gloves of all makes.
HATS.
t .
Latest 8tyles of Soft and Stiff Hats in all the
leading shapes and best makes.
tW All patrons will be nresented with
Grand Souvenier.
Orders by Mail will have our strict attention.
W. KAUFMAN & CO.
"' ,-. Leading Clothtera.
Oct 5. 1888. 3m '
f Hood's Sarsaparilla
And all the leading PATENT MEDICINES
for sale by
Comparative Cotton Statement.
. The following is tbe comparative cotton
statement for tbe week ending Nov. 2 :
1888. 1887.
Net receipts at U. 8. porta, 275,481 286,426
Total receipts to date, 1.560,573 1,944,124
Exports for the week, 138,735 205,507
Total exports to date, 818,406 1,119,920
Stock at all U. 8. ports. 607,371 673,770
Stock at all interior towns. 123.051 171,569
Stock in Liverpool, ' 283.000 438.000
Stock of American afloat for
Great Britain, 154,000 248,000
Total Receipt! at all American Porti
since Sept. 1st, 18S3.
The following are the total net receipts
of cotton at all United States sea-ports
aince September 1st, 1888: Galveston
253,015 bales, New Orleans 800,516, Mo
bile 61,616, Savannah 838,024, Charleston
156,861, Wilmington 69,448, Norfolk 157,
220, Baltimore 3,291, New York 3,106,
Boston 0,041, Newport News 11,027, Phila
delphia 8,576, West Point 89,656, Bruns
wick 30,436, Port Royal 2,710, Pensaeola
. Total 1,560,575.
Total Visible Supply of Cotton.
Niw York, Nov. 8. -The total visi
ble supply of cotton for the world is
1,697,786 bales, of which 1,479,886 srs
American, sgainst 2,386,842 snd 1,886,442
respectively last year; receipts at all in
terior towns, 176,015; receipts from planta
tions, 303,058. Crop in eight 1,809,268.
HARDWARE!!
Hardware.
HAMMOND & JUSTICE
Wool sale and Retail dealers, now have a full
stock of all Goods in their line Hardware, Cut
lery, Iron, Nails, Carriage and Wagon Material.
Merchants of the surrounding country have
only to give them a trial to be convinced that
they are selling Hardware ai low as any House
in the State. ;
Charlotte. Oct 14. 1887.
Bagging and Ties.
I have now on band a large stock of all kinds
of Bagging and Ties, which I offer very low.
Call and get my prices before buying as it will
be to your interest , ,.; .v
I also have on hand a lot of 'second hand
and Dundee Bagging, whicb I advise all to use,
as it will help to break the Bagging "Trust"
E. B. SPRINGS,
August 31. 1888. . Charlotte.
THE WILSON DRUG CO.
Retail Dr. Murray's Cyclone Liniment, Dr.
Murray's Liver Pads, Sticky Fly Paper, Poison
Fly Paper, Insect Guns, Pepotash (the great
Diarrhoea Remedy), Jacob's Cordial, Pure French
Brandy, Blackberry Juice (Hungarian), Infants'
Food (all kinds), Condensed Milk, Corn Starch,
Extract Lemon (in bulk), Extract Vanilla (in
bulk). Toilet Soaps, Tooth and Nail Brushes,
Hair Brushes, Charlotte Cholera Cure for
Diarrhoea, Cooper's Barsaparilla for Blood, Dr.
Bragg's Liver Pills, Turkish Bath Towels, Bath
Brushes, Fine Extracts and Cologne, Sachet
Powder, Pure Lucca Olive Oil for table use
. THE WILSON. DRUQ CO.
June 15, '88.
Horse and Cattle Powders.
If your horse or cow is reduced iu flesh, does
not eat well, hair rough, try our Powders war
ranted to improve their condition or mocev re
funded.
W, H. WEARN & CO.
Ready-Mixed, Faints
In small Cans. You can give your . old buejrv or
wsgon a fresh coat, and be surprised how easv it
can be applied, and what an improvement in the
appearance, x ou or your wife can repaint tbe
chairs, tables, bedstead or anything else needing
u, ana oe more man raid lor the cost and labor.
VY. IX. WJSAKM & CO.
QT Pepotash and Huckleberry Cordial for
bowel troubles. A full line of Patent Medicines
of all kinds. Call and see us.
W. H. WEARN & CO.
June 1. '88.
Dr. King's
Blood and Liver Pills are superior to all
others.
BTJRWELL & DUNN,
Agents for North Carolina
ELKIN.
We have secured the Agencv In Charlotte for
the celebrated , .
Elkin Wool Yarns,
Elkin Cassimeres,
Elkin Jeans, '
Elkin Blankets,
Elkin Socks.
These Goods are made in North Carolina, and
are given up to be better and cheaper than any
like Goods ever sold here. Full stock always
on hand.
E. L. KEESLER & CO.,
Aug. 17, 1888. 13 West Trade street
NEW MILLINERY.
We are cow opening our
FALL AND WINTER
Stock of Millinery,
Which far surpasses any thing in Styles and
Prices we have offered In many years.
We have just returned from 'New York with
all tbe ; r
, Latest Novelties
Of the season. The great advantages we now
have in buying Goods through our son, Mr C. B.
Qckby, in tbe business in New York, for spot
cash, and selling for cash, enables us to ofler
Millinery Goods 25 per cent cheaper than ever
before.
We have now all shades of Embroidery, Silks,
Wash Silks, Purse and Netting Silk. ' Also, a
great variety of NOVELTIES for Art Needle
Work.
Call and see our stock you will be suited. ,
Mrs. P. QUERY & CO.
Sept. 21. 1888.
W. B. BURWKLL.
. K. A. DUHK
; burwell & dunn; :
Wholesale and Retail Druggists,
Offer all Goods in their line 'at lowest market
prices. ; . ; ; - '
We have a large and well selected Stock, and
pay strict and caretnl ' attention to the Retail
Trade. ' .'
BURWELL & DUNN,
Opposite Central Hotel.
Sept. 7, 1888.
BEST- CORN HEAL
AND
Mill Peed
At STAR MILLS.
Jan. 6.. 1888. ..
' Corn and Cob Meal.
I am now prepared to crush Corn and Cob
and grind the same for the public.
W.M. CROWELL
Feb. 24. '88. .,.....-.
. ' Glass.
We have received a larce and comDlete stock
of Window Glass, large and small sizes, single
and double thick.
R. H. JORDAN & CO.,
May 15, 1888. f Springs' Corner.
To Farmers and Merchants.
8.000 DOunda Bine Stone. Wholesale and Re
tail.. :
WILSON DRUG CO.
Tierce's Ready-Mixed Paint
Is the best In use 18 lbs. to the Gallon all
Colors. Sold only by
vt w-rvwvrw St. nTTVlf
K. H. JORDAN ft CO.
OUAYfikiiii VWi