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Catered at tte Potbffic at Wil
mington, IV. C, aa Secend-Claaa
Matter, April 13, 1879.'
JACKSON & BELJj COMPAXY.
TERMS OF SUBSCRIPTION.
THE DAILY MESSENGER by mall,
a year, f6.00; tlx monthi, 3.00;
three months, 1.50 one month, SO
enta.
THE SEMI-WEEKLY MESSENGER
(two eight page papers), by mail,
ue tap. Sl.OOx aix months. SO
ants, In advance.
OUR JURY SYSTEM.
WILMINGTON. N. C.
FRIDAY
APRILi S, 1904.
NO ATTACK ON ADMINISTRATION.
Some of the members f what the
iRaleigh Post is pleased to call the gov
ernor's kitchen cabinet see fit to charge
those papers who wish to see a thor
ough investigation of the affairs of the
Atlantic and North Carolina railroad
with making- an attack on the state ad
ministration. This is not so. Those
newspapers do not wish to attack the
administration of Governor Aycoek.
If such was their intention they would
take a more direct course. They would
mot strike at his administration
through some one else. They would go
directly to the point. They would per
haps put some direct questions to him
regarding the administration of his
office. Perhaps they might ask him
something about the management of
the state guard finances by his imme
diate subordinates matters which had
been brought directly to his attention
and of which he as commander in chief
had taken no notice such as. "Why he
had not granted a certain state guard
official his request for a court 'marshal
when demanded? "Why he fiad not
taken steps to see what had become of
the bond of another state guard official
who went out -of office several hundred
dollars behind in his accounts and
whose bond while in the custody of one
of his appointees was lost? "What it
was about the refusal of the paymas
ter general to honor certain vouchers
for board at the( Seashore hotel of
wives of the state guard Officers dur
ing the last encampment of the state
f?uard at Wrights ville. and a good
many other questions.
No. the papers which advocate the
lease of the Atlantic and North Caro
lina railroad are not attacking the
state administration and they hope
they will not be driven to it in self d
ense by such papers as The News and
Observer, which seems to think itself
the guardianof the state administra
tion and the keeper of the governors
conscience. ,Thatpaper had better
keep quiet about attackson the' state
administration or it maylia've some
thing its protegee will not like tohear
Evangelists Sam P. Small and
George R. Stuart will conduct a union
meeting in Greensboro, beginning
May 1. It-wTTrTheTd in the Ban
ner warehouse, which will seat about
four thousand people. The two noted
evangelists conducted a meeting at
Brown's warehouse, in this city, sev
eral years ago. Winston Sentinel.
The Greensboro people should send
for the Wilmington law and order
league instead. It would cost the
promoters less, and the men Sam
Jones is expected to route could
tut-iiper. Ail- tlie expense tihe
latter would be put to would be th
payment of the costs and the fees of
the lawyers the L. & o. L.
to prosecuted them.
employed
There has been a good deal of dis
cussion in the press of late on the
question of trial by Jury- Some papers
have taken strdng grounds against the
system, while others-have upheld the
system, at the same time admitting
that it is greatly abused under present
practice.
There is no doubt that there should
be some radical changes in the system,
especially in the mode of selecting
jurors in capital and other important
criminal cases. There is also room for
improvement in the selection of jurors
in civil cases. Under the present law
of challenges in the qualification or
jurors there is opportunity for attor
neys to secure the most ignorant class
of men. In fact men of education and
general reading are almost entirely
excluded from jury service In capital
cases. The class of men who read
newspapers and who have Intelligence
and education enough to think for
themselves and to form their own opin
ions from a statement of facts present
ed to them are barred from jury ser
vice and preference is given to that
class who never read prapers and who
are ignorant of current events except
as they get news of them from their
companions, with the colorings given
them in the transmission through the
channels of untutored and uncultivated
minds. It is strange the the one class.
capable of waying evidence and dis
criminating between conflicting state
ments should be fcarred. while the
other, which is, because of its ignor
ance and lack of mental training,
more carried away by temporary emo
tion, should be preferred as arbiters in
cases wrhere the stake is a man's life
or where thousands of dollars are con
cerned One of the most Important
civil cases ever tried in this state was
decided by a jury on which there were
only one or twt men who could read
or write thetfr names. Still because
the case was one of considerable local
notoriety no men of education could be
found who had "not expressed an opinion
one way or another. Thusands of dol
lars were involved, yet twelve of the
most (ignorant men in the county we'e
empaneled to try the case- They were
chosen because they had not intelli
gence enough to discuss the matter be
fore hand or to form an opinion of their
own on the matter until they were
called into the jury box. 'Such men are
not qualified-jurors, still under our jury
system they are the most competent
jurors.
The system as to qualifications of
jurors should be completely revised. In
the selecting of men to try capital cases
and civil cases involving large amounts
and where intricate questions are
raised men should be chosen who are
fin the habit of reading and who had
read of and discussed with others the
very case which they are called to
pass upon as jurors men who are in
the habit of arguing matters and look
ing upon both sides of a case without
the aid of opposing counsel in a case.
Such reading and argumg makes men
broad minded and liberal in their view3
They are open to conviction by evidence
and discussion. The other class men
who generally compose the jurors un
der our present system are not cf
brdadmind or argumentative in their
disposition. They are creatures of
emotion, carried away by the eloquence
of attorneys whether there is any
merit in the speeches rnot. "With them
the man who has the last speech gener
ally wins. They are generallymen of
one idea and when they once form, an
opinion they cannot be induced to
change their minds no matter what con
vincing evidence is laid before them.
The jury system is well enough, but
the fault is in the manner of selecting
the jurors. There is where the trouble
lies. Change the causes of challenge
and the system will show up in all its
beauty.
f sure, the defendants had nothing to
save except possibly neavy nnes, wnne
their patrons will only be a little more
circumspect In the future. There is no
reason to believe that the vice will be
broken up by the compromise, but on
the other hand will he encouraged.
The arrests exposed a few of the guilty
parties the prosecution should have
finished the job. S. JEWETT.
SWEETHEARTS POKER.
Often leads to pov
erty. No real
womn ever sold
her heart for the
luxuries of life.
But many a woman who has gladly faced
poverty for the man she loved, may well
doubt her wisdom when pain becomes
the mate of poverty. If she were rich,
she thinks, she could find a way of cure.
Dr. Pierce's Favorite Prescription is
within the reach of every one. It lifts
the burden of pain which weighs down
those who suffer from womanly diseases.
It establishes regularity, dries weaken
ing drains, heals inflammation and ul
ceration and cures female weakness.
You have my heartfelt thanks, for your kind
advice to me," writes Mrs. Geo. Fletcher, f ioc
Victoria Avenue, Gait, Ontario. Was troubled
with catarrh of uterus for over a year. The
doctors said I would have to go through an op
eration, but I commenced to use Dr. Pierce's
Favorite Prescription and ' Golden Medical Dis
covery.' also his IvOtion Tablets .r and 'Antiseptic
and Healing Suppositories. Now I am com
pletely cured, after using six bottles of Dr.
Pierce's medicines. I am glad to say his medi
cine has made me a -new woman."
Weak and sick women, especially those
suffering from diseases of long standing,
are invited to consult Dr. Pierce by let
ter, free. All correspondence is held
as strictly private and sacredly confi
dential. Address Dr. R. V. Pierce,
Buffalo, N. Y.
Dr. Pierce's Pleasant Pellets are easy
and pleasant to take. A most effective
laxative.
THE GAMBLING COMPROMISE.
Reasons Advanced for the Compro
mise Criticised Justice to tlio inno
cent Demanded That the -Guilty
be Exposed Prosecution . Would
Have Finished the Job.
i .-ici.iu!.; in iir. uieveiand as
pussioie democratic candidate for
me presidency, the Washington Post
asks. "Where is the democrat' who
couiu equal him in .winning support
from the republican side?" And we-
asK where is there a man who could
equal,-mm in losing; support from the
democratic side? Durham Sun.
The proof of a man's vote gettinj
power is to. he tested by giving him
an opportunity to get the voters. Mr.
Cleveland is the only man since 1S50
wnom the democrats have been abie
io eieci. mereore, the gibes 'about
hi vote losing- qualities seem
what out of place.
Put up or shut up. says the News
and 0'bserver. Several papers have
-. ' - , A. A 1
ut up iacis to snow the incompe
tency of the management of the A.
C "XT . -.
o; an. k,. ranroa.d, and when these
facts are proven, that paper will be
glad to shut up in fact, it will be
sorry that it had ever nrovoked con
troversy.
oine-
A ' j-i -, t - - 7 I r- j.1
c uuuri ii me governors pri
vate secretary, when given his free
pass on the A. & X. C. railroad for
his professional services, was expected
render any professional services
to
J-ig-hteen months on the roads is a
mighty ligtit sentence for shooting- a
man and thereby making him a par
alytic for life.
A COUGH
CONUNDRUM
When is a cough more
than a cough ?
When it's a settled cold.
When it hangs on in spite of
all you can do. Cough mix
tures -won't cure it because
they are merely for a cough
and this is something more.
: Scott s Emulsion cures the
cough because it cures the
something more. It heals
and repairs- the inflamed
tissues where the cold has
taken root and prevents its
outside of the capitol building?
Tr-M 1UA '. V m .
jtiuiii' Liie nuiauer oi lawvers re
tained, it would seem the old TVfniiAf-
road kills as many cows as the
others. Wilson Times.
Ana tnis irom. the home of the
editor of The News and Observer too.
Editor of Messenger:
The report in this morning's Messen-r
ger of the compromise of the gambling
cases has caused much unfavorable
comment. The reasons given by the
prosecuting attorneys for the compro
mise excite more surprise than the
mere fact of the compromise itself. It
is far from my desire or purpose to
impugn the good motives of the prose
cuting attorneys, but as a citizen I
have a right to dissent from their judg
ment, and this I do most emphatical
ly. I. know nothing of this matter oth
er than has been reported from time to
time in the papers, and as none of these
statements has been called in question
i am lerc to suppose that they are sub
stantially correct. This criticism is.
therefore, based upon the premises as I
understand them.
Gambling is injurious to the public
morals, and is, therefore, condemned
by law. It is made the duty of the
officers of the law to safeguard the
public by suppressing the evil through
me prosecution of all offenders. The
law does not discriminate between per
sons, Dut condemns equally all offend
ers, and omcers of the law have nn
right to set aside, the plain intents of
tne law. A. case might arise wherein
the law would be more honored in the
preach than in the observance, but the
case unaer consideration is certainly
not entitled to this exception.
he reasons given by the nr.osecutiner
attorneys for compromising these cases
are:
1st. That the prosecution would brins?
into court prominent men of family,
and many young men of supposedly
high standing, as well as others, whom
exposure would seriously damage.
-no. mat the publicity alreadv siven
to the cases would have tlw desirA.-i
effect.
If the reasoning under the first ho a
be sound, then it follows that a prose
cuting omcer is estopped in the' rhs
charge of his duties merely because a
xmkujcul nittji (ji iti rimy,-.- or a "younjj
rhan" would have to be summon pH ;
cuurLisa witness. This is to lose
bignt entirety or the fact that all citi
zens are aiiKe amenable to the law nni
cue cuus ui justice cannot hp
feated by the fearof exnosinsr a primi.
nai wnomsoever he maKhe. Gambling
- UiiloO
there were patrons, and if these patrons
die sailing under false colors, then
lut, 1X1 c "Jjying a reputation for
pioony wnicn is a fraud on the com
munity, and no officer of the law has
either a moral or lee-al rie-ht tn v,Qi
1 . u - '.o" t lHtU
U1 cisons linpncaiea in unlawful prac
tices would no doubt work an iniurv
uiusc expuseu. out the exoour
would add nothing to their criminality
even though it were otherwise in,,M
ous. On the other hand, the ejnpiover
-.i.iicu ii uave in nis employ the
most trust-worthy and responsible ner-
Buua- na wnen the law defaults in a
A lilia tt.mu, ine employer is vir
timized. The merchant is also entitled
to like protection. The gambler ha
no excuse to offer for his crime, while
. i.vex nas tne most valid rP!,
son tor not employing a man whose
ho Kite o r.- 1 1x . . . HU.-5C
... ictdu-uiaiea to make him less
m j . uiiu tiMrpntnf i i
be protected from pitlnV, "L i 1 uia
r " " scunuitu-. An omcer of tvQ
hoc. ni -5V,- - a. . .. - '"-w
115m. lo uiutect tne P-niit-.r
son at the cost of an innocent oAe.
o " . e ueienaants agreed
T'r'": a,s tnese men could
nut nave conontcir? crdmw; .
ni, 6""lul"'s rooms
y W?FG aaeQuately supported
by the men who it i nntn l. ,
TTparst ffcr-o Wor,r Wo I hvo hv, , ""V. """" UUld
- j naiciaun, ixi i ouiiiinoiieo as witnesp
Hearst And Watterson.
brilliant editor of The. Louisville Cou
rier-Journal, $25,000 to spend this
winter in "Washington and write occa
sional letters to Hearst's papers. Mr.
Watterson declined as oolitelv ast h
:T.TIai the defendants
- -.v aU me .numiiiation of ex
posure while the men who made their
unlawful practice profitable, go sell
free and continue to imnos uZ
community. Moreover, the statement
that a great mnnv nt . ut;ai
could. Mistaking the politeness for -would be implicated had thVproecu-
W.TVPrinf Woarct r m a. Violr -r,, V. I tlOn been POnHrmort tc 1
-- utv- vilxi a, i c v.i is iu io-tiVcry re-
newal of the offer. i J1" IU ltie community under
I inus makmer the e-norf -nov,
Thi: Afr. woo.t, ji: j I nc on ..p - r, s. lIie sooa name
iui- tiaimcuii ucviuicu. 1 "ii auiici rur tne einq n f.
still politelv. but with a little more pos- I do not for a moment believe that man,,
niveness or expression. He said he smirehPrt hv Vh. n nave been
could see no more reason why he f?i f? X 7.J el nt "satipn. and jus
should write for Hearst's papers than lml ihJ l2!nt d5maded that the
wny Mr. Bennett, or Mr. Laffan wr v- me case now
-9 viiiuiujrii ui mRrrnonf
And It Played a Part in D. J. Sully's
Pools.
a
He' Was.,; Very paie"
"Had no appetite and had a
of sore throat."
great
Men who are believed to have made
millions out of the bull pools in cotton
conducted in the part by - Daniel J.
Ciillxr the hanknint kinc will he
, " " J
dragged into court and made to tell all
n Vn t Vi Oil 3 'hilc?nQC!c? rain tiAne -r-r V
Sully if the present pdans of a large
number of the creditors are carried
into execution. The consequent reve
lations, should such a step be taken,
would, it is said, exhibit a phase of
speculative high finance that would
astonish not only the public but a con
siderable portion of the financial dis
trict. .
It was declared yesterday by one of
the largest creditors of Sully, and one
of the most substantial men in the
cotton trade, that books of the firm
will .show that, in addition to the re
gular brokerage business, Sully was
the manager of certain pools for bull
ing cotton, and that the members of
some of these pools included Kdward
H. Harriman, president of the Union
Pacific road; Edwin Hawley, president
of the Iowa Central. Colorado South
ern and other roads, and (Frank H.
Ray, who is an officer of all of the
constituent companies of the Consoli
dated Tobacco Company, and one. of
the powers of the tobacco trust.
, The way these pools were planted
and the details worked out had a tinge
tf romance. The members of the pool
talked them over while playing "sweet
ihearts poker" in a room on one of tha
upper floors of the Hoffman House.
i "Sweethearts poker" was the regu
lar American game simply, with a con
dition attached to the winnings. This
condition was that the winners should
hand over all of their winnings to thei
wives. The unmarried ones were pledg
ed to give the winnings to their sweet
hearts. The creditors argue the matter in
this way:
The cause of the collapse of Sully
was one of these pools. He had pre
viously managed several other pools
in which the profits had run into the
millions. These profits were distribut
ed to the members. If the members
were entitled to the winnings the res
ponsibility of paying the losses also
devolves upon them, the creditors con
tend, even if they were not members
of Sully's firm: Sully by offering to
pay forty .cents on the dollar, they say,
is putting up his full share of the loss,
and the other members of the pool
should be made to make up the re
maining sixty per cent. New York
World.
A Congress Snake Story.
One of the Georgia delegation in the
House, according to The Washington
Post, has received this letter frojn a
loyal constituent in a rural section of
his district:
"ear Mister Kongresman: Sum
time ago I writ yu, asking if there
were anything the government cud do
to make a fiten wife behave herself. I
aint herd frum yu and things is no
better.
"Will yu please let me no if you kin
git me one of them poison snakes from
Afrika at the Cultural Department. 1
hev allers voted fur you and this is
mitey little to ask, specially wer a
man's wife is allers peckin him."
The Georgia statesman is certain he
cannot comply with the request, but
he is still deliberating about what' kind
of a reply he shall return to his un-
rortunate constituent.
MASTER E. COLE SHOLES.
Nobody, not even the most learned
scientist living, can tell all of the rea
sons why the children do not thrive
in growth; We often notice children
who have formerly been robust and
strong suddenly and without any ap
parent cause begin to show signs of
failing health. Appetite is not as keen
as it was, the cheeks begin to lose
their color, and there is a falling off
in weight. Food does not nourish as
it should, there is a susceptibilty to
taking cold, and the evidence is as plain
as daylight that the vitality is lowered.
Let us introduce a letter which ought
to be interesting to every mother.
Milton Junction, Wis., Nov. 27, 1903.
Dear Sirs: 1 want to tell you what
good your Ozomulsion has done to my
little son, now thfee years old." He
had been in delicate health and had
suffered a great deal with impaired
digestion. He was very pale, had no
appetite and had a great deal of sore
throat. lie was not strong and we
were very much worried about him.
A short time ago I commenced giving
him Ozomulsion, and the change in him
has indeed been remarkable. Whenever
I see a pale, thin child now I think of
it and wish that the child could have
the beneficial properties which I know
Oriomulsion contains. Our little son ,
now weighs S3 pounds, has rosy cheeks,
a good appetite, sleeps well and is grow
ing ; nicely. His digestion is all right,
ho no longer suffers from constipation
and, in fact, he is the picture of health
every way.
We cannot possibly praise Ozomulsion
too muth. as we are so thankful for
what it clid to. our little boy.
Very truly yours,
(Signed) (.Mrs.) LIZZIE SHOLES.
When the mother sees her little child
restored to health by Ozomulsion
she? does not care about the scientific
reasons for this change in health; all
she cares about is that health has been
restored and the child is now vigorous
and strong and able to grow am a
velop as it ought to do. 1 "
v " r " ,v 1,1 1UI as a mi. i.
that fnr qnmo iirl.-
systems lack the nourishing
of food and th mwr0!
languish in consequent NYhf
child takes Ozomulsion it not only JK
the wonderful properties of catk
oil in the best possible form for S
and stomach, but it also gets th. w
pophosphites of lima ami soda
iid.ve u. tavuraoic eucet upon the dirs.
tion, feed the nervous system and It
tain the growing brain. This cn-T
bination of cod-Uvcr oil and hvst
phosphites, as is found' in OzomuciL
is the best possible remedy for childru
who do not thrive.
Ozomulsion is a splendid remedy f
coughs and colds and all affections of
the throat and lungs. It goes far bs
yond this, however, in giving, vitality
to the entire system and brirg-ir
back the physical vigor by which aj
children show their prosperity ta
growth.
For the teething baby that suffers S3
much distress in its little world 0:o
mulsion is a remarkable preparation,
and in all those conditions in which
children do not thrive it is the best
remedy which could be emplovei
Ozomulsion contains no harmful. drugs
whatever, and is perfectly safe to givs
to children. Its sweet taste alor.e com
mends it, because children like it asd
do not look upon it as a medkyie.
Druggists sell Ozomulsion at 50 centi
and $1.
If your druggist does not kp Ozo
mulsion in stock, he can easily ordttjt
for you, or if you desire a small sam
ple to see what it is like you can obtai
the same by mentioning the name of
this paper in which you read this ad
vertisement, and sending 7 cents a
stamps to cover postage, to THEOZJ
MULSION CO., 98 Fine St.. New Ti
City.
For Sale by It. II. Bellomy, Wilmington, N. C, and all Druggfebi.
n .ii.s WWjjj.ftM,mHg.WllWgSi.M
I
4f f Ykr$k
DYSPEPSIA CURE
Under all curableconditions
Mr. D. Kaubie of
Nevada, O., was
cured by Kodol
of stomach
trouble which
had effected
his heart.
Mrs.W. W. Lay-
ler of Hilliard,
Pa., was cured
of Chronic
Dyspepsia by
1 the use of
tJCodol.
A
Mm
1 .THE OVEN..
Bit!
ii Or a Bucks Range
ft 4 ... .
I ft f-i f
H '
, X mnl racks. Ov, M
mm i wr 0 r v. rw 1 x. 11 11 mw m 1 mi mm r - -.- - ' -
1 )iBrB?l I :umi buiii in pieces
l I to prevtii? v. arpins.
.: C
Win. E. Springer 1 ft
For Sale by RobertJ7 -RQn.y
iv.5eid' or,an shId in the dark
com in or back.
We'll send you a sample free upon request.
SCOTT & DQWNE, 409 Pearl Street, New York
the same thing, and advised Mr. Hp arsf
to try some of these gentlemen. Still
Uable to understand. Hearst for the
third time renewed his offer. And this
time Colonel Watterson's reply was to
this effect:
"Dear Sir: Yon h nVAn'f- fMtoVi mnnn-r
in your f ami! v. and novar .m hQ.,a
mduce me to write one line for you.'"
Walter Wellman in Philadelphia Press.
as to whom tn tmot t
1 . . uo c. Will IP
this nrosecution could hnvii' Jj. ' S
the atmosphere and been a most ,rt?
some example to other would-be vio-
.ulvio ui Lxie law. '
In regard to the exposure belrfg effi
cacious in putting a stop to gambling
I am at a loss to know how the immu '
nlty enjoyed by the patrons -of gamb
ling rooms will deter, them from t,.
uing their practice. As respects expo-
PEA GREEN
i'ALFALFA.
Two cars of tfie above just
received. Will make your
cows give 25 per cent, more
milk.
Call and see It.
.'urcell Building, Wilmington, N. C.
Jno.S.IVIcEachsrn Son
211 IIARXET STREET. Pioaes 92.
EASTER SLIPPERS
Nearly every train and boat brings
more styles for you to select from.
The largest assortment of Sandal3,
Oxfords and Fancy Slippers in the
State. All the new novelties. If you
live out of the city, try us by mail.
SOLOMON'S- SHOE STORE-