A DEMOCRATIC; FAMILY .NEWSPAPER.'
MAUION. N. C, THURSDAY, NOVEMBER 14, 1895.
;K wkight of bales.
f ipts hiki wicriana ior I wo
(. . !t":i cvhango statement
, . : . wiL'ht 1,773,769 bales
, .. , embracing port receipts
. r , ! i r two nionth3 ending Octo-
. . n r,n ,.,.ijfj3 per bale, against
.. . , 1 i .'i halo last year. Detail-
- 3 00 pounds, decre&sa tinder
. i '') ..'uii1?.; Louisiana, 620
1 c WK Alabama, etc., 605,
.', V) 6-100, decrease 13
( vluri, ,'j01 51-100, decrease
. , t. ri 51-100, decrease 44-000;
. lift. iii'T-a.-e 2 GO-100; Ten-
1 ; 1 1 ri tr Memphis, fit. Louis
. '.. M'iM-lOQ; d"crv.'tse 00-100.
. , ' t h'-l'j as compared with
: t. irth'-r this year 3 73-100
, r .. .'. ) I -om pared with October
,, ... ., ....-rea;o 6 19-100 halo?.
Al, I KKIGHT ACTS FINKD
,btirig tlie Intcr-Stato Com
Pa., in tho United States
. i :i I'li'- i lay Judge Burlington
i i - M-aris, general freight
I)'--l.'jrg, Cincinnati, Chicago,
I; nif-ad Company, to pay a fine,
i i ..ti uis "f the inter-State coJt
i .-. WL-M, MK-ral freight agent
. r" ,j.A Railroad, was sen
i . . a fin" of. Si ,oo) f.,r tho sarno
i:. Wi.'ht will 1-j imrncdiate
i. tl" Supremo Court of tho
'IN'-.-: two are tho first von
, tli'-l'nit v J i Slates under the now
'., 'h? oi iy Democratic Newspaper la
Dj(!I eountv, and has a large cir
ri'. n in vlj lining counties. It pub
:,! M tho rows without fear or
-or, hnfl Is tlic organ of no ring ot
It it the bold champion of the peo
.' rights, an earnest advocate of the
; inter' sta of the county of McDow
t rd th" town of Marion. IU adver-
i! r,it- s arc reasonable, and the aub
ioa pric is $1.00 per year in ad
!fou naut the best newspaper In tht
i'm brimming full of choice reading
"or fir business men, farmers, me
sifi. snd the homo circles of all
t etiimrihe and pay for the
no. If you doa't, why just don't,
-'be paper will be printed erery
:rs'.Uy evening as usual.
' jo'.i lmvi n't enough interest in youi
j'i woliinre to sustain the best ad
"o' it diversified interests, and its
! f.'.t-ndthe newspaper you need
i ;;-1 C-rohimn obituary notice
a jour o i dingy bones are hid
i: t.e tji-j of progress in th
1 owc ulEcriptions to the
'" v 1 l.c.iropp'-d from our list
'l" 1 it up at onre.
V '!! K( s. i ttullj,
HARD AIR LINE R. R.
'MouU ( Chailotte, Rakigli, Wil
a, RiLhmond, Norfolk, Washing
S-i'timon- and the East. Also to '
'A Now Orleans and all points in
an! the Southwest. Memphis,
t'ity, Denver and all points in
,r Msp, Folders, Time Tables and
!t rates write to
B. A. NEWLAND,
Geo. Tray. Pass. Agent,
Charlotte, K. C.
6 45 a m
11 50 a m
6 00 pm
6 25 pm
3 00 p m
th-ir1.. Tto sat.
:Ralei-h ' '
$ewind T. J. Akdbrson,
T-P.g. A. G.P.Agt
E' AND COTJNMLLOK AT LAW.
Mlrion. K fJ.
-v. ,a au courts, otate ana rem.
. widl attention tiven to lave
L'5" ''ad titles ani collecting claims.
f tS e i,n M.t
' 1 I'd Sritutific Barber. Over
i " store. Call and aee
sitUfaction ia all ia-
DAUGII1KRS OF COXFEDKKACY.
They Had Their Meeting at Atlanta
Saturday. Kvery .Southern State
The Daughter of the C rif"dr-y held
their nje-tiug g Uur.My In t!,-, auditorium at
the Expo-itiorj at Atlanta. Their audl-n
nnmoerei 3,000. Rfpres-utatlves of the
soeioty were present from every South.-rn
State and from many other State-?. Mr?. L.
T. MeDarrell Wolf presided. Dr. G. B.'
Strk-kler, of Atlanta, offered the oniu-'
prayer Mr,. J,.p.u j.,nn pj.t r?t
tho Atlanta .hapU-r, made the nddre of
welcome to tho National Ar-h. She said :
Northerners are particularly intereeted in
our relics and pronounce tho exhibit next in
interest to that of tho government. We
have received many touching notices from
Northern correspondents and wo have yet to
hJftr a single unfavorable comment."
Mm. Mortoodi-t, .reridont of tho National
Daughters of the Confederacy, rear-ond.-d
In tbe eotirse of her address tho wild"
'Only thirty year.s ago Hhcrmana armv
pasae.1 through your State nd elty like a
eyelone, leaving ruin and d.stru-tion. Yet
undaunted her ses and daughters have n--1'flired
the waste and places and mad h-r
broad acres blossom. '
Miss Nellie Knight sang tbe "Conquered
Banner" and Sewan.H! Jiier." Mr Lu-ien
L. KDight r-ad an od,. ,y jIrs. clara Dargan
M-Lean and M rs. I , vid lar.ton read a papor
on "The o men of the Confederacy." Dr.
I. 8. Hopkins, of Atlanta, was the orator of
tho day. Speaking of the exhibit in IMP
Hall Dr. Hopkins said : '-No such collection
.f relics of the ConfeP-ra.-y has ever before
been assembled. The exhibit appeals to un
dying memories." At the conclusion of Dr.
Hopkins' nddresi the ladies went to the C'on
f'derato Jt-lic Hall, whieh adjoins the Massa
chusetts building, to inspect the display.
Saturday Was also Delaw are day at the e.
position. Governor Watson, lelawar';
ttovernor Atkinson, o' (leorgia; President
Collier and Mr. U.vine, of D'dawaru tpoke.
A largo number of Delawareans were present.
ItKCOVERING DEAD IIODIES.
Over 30 Persons Killed In the Detroit
Tho work of rescuing bodies of tho victims
of Wednesday's explosion in tho Journal
building at Detroit progresses steadily.
Over 30 deal bodies havo now been recover
ed and identified. Tho number killed will
approximate 40. Latest developments
demonstrate conclusively that negligent care
of the boilers wa.j the cause of tho dioaster.
The bodie3 of tho following were recovered
to day: AdoJph fi-hreiber, Jr., bookbinder in
Hiller'a bindery; John Gordon, electrotyper
Kvvning Journal; Kittio Leonard. Rosa Mor
gan, John Dreitenbeelier, Jennio Neibaur,
1 years old. employed in Hlller's bindery;
Lcrtha Weldbusch, 19 years old; Ernest Tar-kinr-,
assistant mailing clerk Journal; Emma
LitchoriWg, employe of Ililler's bindery;
Itosa J!r.-t,, remains frilitfiilly burned and
;ntitilated; Catherine, Hilir, forewoman Hil
ler's bindery; Luo Fret, employe D unlay
and Company; Anna Wefdbusch, emplojlj
Ifiller'g bindery; John F. Derby, carpenter
Joseph Bradley, carpenter; Goorgo J. nil
lers, proprietor Hitler's bindery.
A Wi-eck iu Kentucky. A Uaeing
A bad wreek occurred on the Kentucky
central division of the Louisville and Nash-
ul!o Friday morning. A north bound freight,
heavily loaded with stock, ran into nu open
switch 19 mUes Ix-b.w Cincinnati. Twelve
ears were destroyed. Eugene Kelly, of J', eir
bon eotmty, on his way from L'-xington with
horses, was killed. It is estimated thai l."0
head of cattlo and 20 hogs wero killed.
PIEDMONT AIR LINE.
OMDKXBED SCHBDULt OF PASSEKSER IRAIKi,
rtber 6, 1895.
fsl mil.. . -I.. . ,i, .
lUilv DailJ' Ku ,Bi!'
Lt. A tlanta C. T.
" Allnt B. T
" (jhiuekvllle ...
" Buti ti.
" Oret-nvill! ....
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7 4: t
4 l -t.
7 r. j
7 OC p
ft' Oaj 6 40-
6 Jal 0 W)
5 Nil! 2;p
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o. 7!. ii
4 p hi I.Sn
6 f...p 7 2
Xy 'J -I-
I0 4;t.jii i..
2 l!lJ ")
fe ." " a
" r.alm eT'KK
" New York
Lt n. y. prk ...
" Washington .
7 2. p
1 41 p
Atlanta E. T.
Atbau ('. T
1 87 a
t 2: a
J l . a
12p '. 57
4 -S t -1
; t -T
' .' a
"A" a.m. "V" p. in. 4 M " r.oeu. "N" n;kbt
Koa. S7 and 38 Wa jiMt-ui - ' S.-utliwtf m
Yeltbule4 Umitd, I t l:c ' '- s:et era
between New York -v' Nv lo.r.:a ?h
lugtOD. Atlanta anJ M '(.( ti iv. ri-d t'-o 1
Iween New York a:n! t ri-y t . -i.- Wa-lii'.atou,
Atlanta and Biruiintrt is!!- T Or.
Nc. 8ft and ?6 t'l.it. c .-::! t-":it VkU. I nVn.an
Bieepine Can beien - I:;:.;a. Nt w Cream and
Koa. r.t and 52. Exf rsiiion VP t. Tlirei;sli ru'l
aaAa t leejers lrte.-n N-.v ri. tvl ai anta v. a
WaahiBgiea. On Tt;eMii '! I l-m-ii.-ij en
nectiOB ' it t toe f oi. Ki h.i m! ih No.
31 anJ ou xhfk j-i.i'.n n I.ei Oijt i w x
be operated betw.c-.i l.; .-.o:s.t us 4tUnta. rt
WednedT ai l .-ii oui.ti:oa from At
lanta to Richmond . ::'.. il.nueli s eeping car
will be to leaie Aiir.ma t y trnni No. S2.
Nos. 11 an 12. milmsn SloepinK tar between
Richmond. Canvil e and .iit-utoic.
If. A. TCRC. f?. H. HARDWICK.
Gen'l Tae. Ag't, A l Oen'l I as. A; t,
WlSHlfiaiON, D. C, ATLaMa, U.
W. B- RYDER. Euperintendaat. CkvaLorra,
r. M. GREEN.
aa 1 dpt.,
Ajuawaieir, 9. a
1. M. CL'LP,
Traffic M g r.
Watumarow, p. q
BATTLE OF THE BALLOTS.'
Results of the November Elections
in Various States,
SEVEN GOVERNORS SELECTED.
The I'.epnblicans SncccMfal In Nearly nil
j the Statp Vew York and New Jersey
ltpaM'eaii by tarte Majorities A,
! Republican Governor for Maryland
iaminirty M'Ins in Vtxr York City.
The November elections 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 ba'.tlo
of the ballots was fought. In nearly every'
State there was a fierce fight within tno
party that is usually predominant, bocause
of some local issue and this made it almost
impossible to successfully forecast tho re
sults. Good weather prevailo 1 all over the
Union and because of this heavy votes were
polled everywhere. In many places new
methods of voting wcro tr.ed, all of which
The weather throughout New York Slala
was fine an 1 favorablo to iha Republican
ticket. Full votes were polled in the cities,
and about two-thirds of the vote seems to
have been brought out in the country. Not
ono county went Derr.oTvtio above Harierr)
River. There was a marked tendency to vot
straight tickets in handling the blanket bal
lot. The number of spoiled bailot was sur
FECHETARY OF STATK TArrrt.
Tiie Btate ro-eleots the present State of
ficers and elects Judge Colora E. Martin to
the Court of Appeals by pluralities of about
70,000. Tho same ticket was carried ia 1893
by about 24,000 plurality. Rochester Is the
only city showing Democratic gains. Re
publicans carried Rensselaer and Albany
Counties, electing Senators In each. , Rained
was elected to theSenate la the Forty-seeond
District, and Cotrgeshali. independent was
elected in Oneida. Nobody but Republicans
were elected in Erie County.
Senator Clarence Lexow was re-eleoted in
the Thirty-second District by a reduced ma
jority. Westchester County went with tho
jtepublican wave. J. Irving Burns was
chosen Senator against Charies P. McClel
land. Tho county went about 1750 Republic
can on State officers. .
The Senate and Assembly are now Repub
lican by good working majorities. In each'
House tho Republican majority has been
largely increased. The New York State Sen-?
ate, whioh will hold for three vears and vote
for a United States Senator in 1897, will
probably stand: Republicans, 37; Demo4
crats, 12; independent, 1; Republican mai
j.irity, 24. The Assembly will stand: Repub
licans, 108; Democrats, 42; Republican ma-
The Republican State officers were re
elected by an average plurality of about
It is estimated that the proposition to ex
pend ? 0,000.000 upon canal improvements Is
carried. Tho measure is a Republican one,'
aud it is believed the ticket carried It
through. The canal vote was, however,'
very light in some parts of the State, and
the question was misunderstood in others. !
In New York City Tammany Hall elected
every one of its candidates for city and
county offlcos, ten out of twelve candidates
for the State Senate, thirty out of thirty-five
candidates for the Assembly, and Amos J.
Cummlngs, its eandldate for the United
States House of Representatives. Out of a
total registration or 281,008, lioratlo U.
King, Democratic candidate for Secretary of
State, received 139,901 yotes. against 87,379
for John Talmer, the Republican candidate.
Of the entire vote for all the city and county
officers Tammany Hall had a large majority.
Tammany Hall elected its entire city and
county ticket by pluralities varying from
18,000 to 28,000. It was estimated that the
Steckler vote would not exceed 7500,
and that tho Good Government
ticket vote would not exceed 1000.
Tho plurality in New York City for Horatio
C. Kins, Democrat, for Secretary of State,
over John Talmer, Republican, Is 43,000.
For County Clerk, Henry D. Purroy, Tam
: -any, has 17.000 plurality over Thomas L.
Hamilton. Fusion. For Register. Will
iam Sohmer, Tammany, defeats Thomas
F. Keating, 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 tho
.lay was the presenee at some or the polls of
women, who invited voters to cast ballots
for some particular candidate.
Brooklyn and Kians County gave the head
of th. f)fm.crri? State ticket. General
Horatio C. King, a resident of Brooklyn,
about P000 majority. Fourteen out of twen-ty-ono
Republican Assemblymen and possi
bly sixteen: at least five of the seven Repub
lican candidates for Senate wero elected.
The Republicans, it was said, had elected a
majorpy of the Board of Aldermen.
E-iward M. Grout, the Democratic candidate,
was elected Mayor of Brooklyn by a small
plurality. The vote for Shepard
was smaller than was anticipated.
Later the authoritative statement that the
entire regular Democratic city and county
ticket had leea elected in Brooklyn and
Kings County was made by John L. Shea,
Chairman of the Campaign Committee.
In Long Island City corrected returns
showed the election of Patrick J. Gleaon's
friends by a plurality of about 200.
Pennsylvania has elected Haywood, Re
publican, for Ste.te Treasurer, by a majority
approximating 175,000. against 135,14 ma
jority in 1S33 for Jackson, Republican, State
Treasurer. The six Republican candidates
for Superior Judtjes are ele-.-ted by majorities
slightly below that for Haywood.
The only State contes-t in the election in
Kansas was for Chief Justice of the Supreme
C iurt to till the unexpired term of Chief
Justice Horton. The election of David Mar
tin. Rrublicau, is conceded.
In tho county iections generally throuzh-
i out the State tne returns sd iar inaicate ive
I publican success and show that the Populist
have lost ground.
Fnrthef.rst time sine 165 New Jersey
-;. 1 a Republican Governor. John W.
;-:..'- . t lt'.c--..n. was victorious over
Cu.iuv.-eii.jr Alexander T. McGill by a plural-
If y estimated at a late henr "torn fairly com
piete returns of about 20.0C9.
Hudson County.t he home ot the Democratic
candidate, gave him a plirallty of about
6000; tut Esex, in which is the citv of New-
1-7 -v mi
aoVEHSOK-ELECT OBIOOS, TSrf JERSKI.
ark. and the rural districts went heavily
. The Senate will remain Republican, as
last year, and so will the House of Assem
bly. Tho Democrats made gains in the latf
terbody. Last winter they liad but six ol
the sixty members. Next Jointer they wil
have a membership of more than one-third.
Maryland went Republican by a plurality
of over 5000. The Republican "majority in
Baltimore will be narly lO.aiO.
Lowndes ran ahead of his ticket, but the
others' are not as far behind as it was be
lieved they would be.
Senator Gorman's own county Howard
has gone agaiat him. The Republican ma
jority there will probably reach 500. In 1891
it jrave Brown, Democrat, about 400.
The Herald (Tnd.) concedes tho election of
Lowndes, Republican, an I says his majority
in tho State may reach 20,000. lt also con
cede the election of a Republican Legisla
ture, which me.ms a Republican successor to
jSenator Gibson, tuid says the entire Republi
can State and city ticket is elected by good
Lowndes carried Allegheny, his own
ounty, by a majority of about 1500, an in-
rease ol loot) over van orJz s majority over
rown In 15'Jl. Caroline County, wnicn gave
rjwn (Dem.), a majority in 1831, has given
owndes a majority.
OOVERSOR-ELECT LOWXDES, OF MARYLAND.!
At 11 p. m. the Democratic, State Commit-',
tee conceded the election of Lowndes (Rep.)j
for Governor, and Hooper (Rep.) for Mayor,
of Baltimore. )
A very largo vote was polled in Massa
chusetts aud 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 30,
786 and Williams 33,217; Williams's plurality,
Tho defeat of tho woman suffrage referen
dum is pronounced . The cities and towns
are both arrayed against tho movement.
Ninety-one towns out of 353 voted as fol
lows: Yes, 12.505: No. 22,202. Wellesley
College favored woman suffrage. Three
hundred and ten votes were cast in the affirm-
OOVEBNOB ORE!f HAIXtE, Or MASSACHUSETTS.
ptive, 119 in. he negative, and 93 of those
registered did not vote.
Of the forty Senators, not more than five
are Democrats, and of the 210 Representa
tives all but about fifty are Republicans.
Ohio is Republican by a big majority. The
Republican State Committee claims 90,000
The Republicans wiil have a large major
ity in the Legislature, insuring the election
OOVKBHOB-KIXCT BCSH5ELL, Or OHIO.
of a Republican United States Seaatorto suc
ceed Caivia S. Brice. This will be the first
time in numy years that th3 Republicans
will hava both Senators.
The size of the vote was surprising to all
parties, b-iag the lrat ever polled In tb
.State. Campbell's hopes of pains In the
icities of Cincinnati. Cleveland. Tolodo ani
' fColumbus were dissipated by the first re
turns, meeeetties more than equalled their
former pluralities, and the counties indicat
ed little change.
Governor McKinley said that Ohio had
given 100.000 plurality to General BushnelL
General Anderson, Chairman of the Demo
cratic State Committee, admitted that upon,
the face ot the returns It looked like
plurality for Bushnell of at least 40,000.;
Campbell admits his defeat.
Coxey, the Populist candidate for "Gov
ernor, polled 60,000 votes, many more than
either party credited to htm. Chairman
Anderson, of the Democratic State Commit
tee, attributes this as one of the causes ot
James R. Garfield, ton of President Gar
field, la elected State Senator by 13,000 in
tne Akron District.
The elections in Colorado were for county
officers. A light vote was east in many
counties, due to a snow storm lasting most
of the day. In tbe three large counties.
Arapehoe. 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 vote! about as generally
as the men.
.. Mississippi has elected ex-Senator A J.
McLaurin. with small oiiiiOiilLm fromtbe
i A. J. MXACBIJf, GOVERNOR OF MISSISSIPPI.
People's party candidate, Frank "Burk'tt.
There was no Republican candidate. The
Democratic majority will be aboui 85,000 in
Returns indicate that W. F. Hadley, Re
publican, has carried everv county in the
Tiighteenth Congressional District of Illinois
over Edward Lane, Democrat. His majority
will be fit least 250), which js nearly 1000
greater than of Rcmanns, Republican, a year
kigo. Lane ran on a free silverplatform, and
the Democrats cut him mercilessly.
Republicans have carried tho election by
pluralities of about 30,009 on the entire
ticket. Ball, the Republican candidate for
Judge of the Supreme Court, has defeated
Morrison, Democrat, by 41,500. The Repub
licans fleeted five of tho trustees for the
50,000.000 drainage canal.
Tho Iowa Republican State Committee,
claim tho election of their ticket by a plu
rality of 75,000, while tho Topulists double
their vote of 35,009 Inst year.
The Legislature, which will elect a Senator
to succeed Allison, will bo stiongly Republi
can in both branches. The Republicans
claim at least 70 out of 100 representatives
and 35 out of 50 Senators. Late newsoaper
estimates, based upon returns from all over
the State, place Drake'3 plurality at 30,000,
with the rest of the ticket running from 5000
to 10.000 ahead of him.
The contest was fof the Legislature and
State officers, the successful ticket being as
follows: Governor, Francis Marion Drake;
Lieutenant-Governor, llatt rarrott; Snrenn
tendent of Public Instruction, Henry Sabin;
Railroad Commissioner. George W. Perkins-,
Supre ne Court Judge. Josiah Given.
The election in Virginia was for members
c'i the House of Delegates, and for half of
the State Senators, the Democrats, and the
Rpublicans combined with the "hone3
e'.ectionists" having tickets in the field.
The returns show that the Democrats will
have a three-fourth3 majority in the Legisla-
Louisville has gone Republican by 6000.
Bradley (Rep.) has carried Kenton County,
and Republicans have elected a Mayor in
Returns from ninety-five counties and
town, mostly incomplete, give Hardin 32,
155, Bradley 29,536; Hardin's majority, 3619.
The Legislature is Democratic.
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 tho
offices to be filled. The successful candi
dates are T. L. Noval for Justice, and Charle
H. Morrill and IL 8. Gould for Regents.
The Republicans carried Omaha by anout
Mayor ringree carried Detroit, Mich., by
JO.0O0 majority, an increase over his last vic
tory. He is the only man to be elected
3layor of Detroit four times.
j Statehood has been secured in Utah. Early
(indications pointed to a Republican j-ucce
in tho Territory and the election of two Re
publican Senators from the new State.
A $2,000,000 BLAZE.
The Bigfc-eot Fir la w Tork City for
Fire destroyed f 2,000.000 worth of property
at Bleecker street and Broadway in New
York City on Election nignt. The Manhat
tan Savings Institution Batlding and the
Empire State Bank Building were consumed.
Several firemen and oltlaems were injured
by falling timbers, an 1 there were many nar
row escapes and thrilling rescues.
The Cro started at the southwest corner of
Crosoy and Bleecker streets at nine o'clock.
When Policeman Walsh turned in the alarm
the flames were burst Lag from a dozen wln
doars. Th lire attained wonderful head
way, and when the first firemen reached the
scene their coots were badly burned, so in
tenae was the n1!.
- There was a loud explosion in the build
ing occupied by the Empire State Bank soon
after the flamen were discovered. Piremen,
and citizens who wra aiding them, were
thrown half way aoross the street. A mas
of timber followed them, and tbey were all
The Earn quickly jump! across th
street, and in a few moments the Manhattan
Savings Institution Building was la flames.
Both buildings were destroyed.
Acknowledged Braxil'a Right.
The British naval commander in Brazilian
waters has been informed that tbe English
Government acknowledges Brazil's rights ia
the blud of Trinidad. The British fleet left
Rio Jan-?iro for Montevideo, Uruguay.
m i'kkmk cornr decisions.
Digest of the Opinions Hamled Down
During the Ist Week.
K'p..-!!-! by rvrrto Puatocfr, En . of h F-alelgh
W, IL Jvha- ton, Ex r, (appellant) vs. W. T.
Knight et aL, from Vane county. Opin
ion t-y Faireloth, C. J.
1. If tho done of a power in
tends to execute that power, that in
tention, however manifested, whether
directly or indirectly, jo9itiTtly or by
jnst implication, will make the execu
tion valid and operative.
2. A residuary devise will operate as
an execution of a power to dispose of
a property by will, aniens there is
something to hbow that such was not
the testator's intention.
3. As thcro ia nothing to ahow a
contrary intention, tho fact that the
donee of tho power devises to the
identical persons and no others, who
were designated in the will giving the
power intended thereby to exercise the
authority given her; and as the doneo
could not Lave devised the property to
anyone else, a rabiduary clause in such
will includes all the property which
the devisor could dispose of.
4. Where a will provides "that tho
balance of my estate be equally di
vided between A, 11, and the children
of C and I), 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.
A. W. Shaffer vs. Bryan Gaynor (appellant),
From Beaufort county. Opinion by Avery,
1. Testimony tending to locate the
boundaries of land by the general
reputation in tho neighborhood is ad
missible under any circumstances.
2. AVhero tho acts of dominion con
noted in cutting timber some time dur
ing a particular year on a piece of
woodland, but there was uo evidence
to show that the acts were continuous,
or that the land, though while covered
with timber, wa3 not susceptible to
other use and might not h;ive been
cleared and cultivated, rcgardlehs of
its capacity for proiitable production :
Held, that such acts are not such as
sertions of ownership as would ripen
8. Parol proof is not, as a general
rule, admissible to vary or contradict a
plain written description, but it is al
ways competent to show where the
parties to u deed located the lines and
corners by a contemporaneous survey
in order to deiiuo more exactly what
was intended to pnes. Henco it is
competent to prove that a contempor
aneous, but not a hubsequent survey,
located a corner at a place different
from that ascertained by following
course and distance.
4. Where declarations are made by
ono in possession of land, characteriz
ing tr explaining his claim of owner
ship, or in disparagement of his own
tit!e, they arc competent as evidence,
nol only against the declarant, but
against all persons claiming under him.
liut 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 Liuke prevented tho sale of
the lumber cut by him on tho land in
dispute; Held, that it was not error to
exclude such evidence, ns there had
been no testimony to show that Linse
was the agent of the plaintiff.
t). Where the executions tinder
which the land was sold issued upon
:k-Mn crtatcd before the year lHf'.M,
title passed to the purchaser discharg
ed of nil liability to allotment as n
Howell & Jeffreys vs. J. B. Col. man and
wife (appellants) from Edge-r'ix-.-ounty.
Opinion by Faireloth, C. J.
1. Where it was admitted that when
Hie mortgage for $!,')') was signed by
the defendants it secured only $ 00,
ind that in that con lition the defi.-nd-iit,
J. I. Coleman, carried it to the
tore of the plaintiffs, the mortgages,
and where there was conflicting evi
dence as to the time when the change
was made in the mortgage; Held, that
the one issue submitted: "Is the
mortgage and crop lieu for l,0i):),
dated duly 27, 1KU, an 1 probated Sep
tember 1 '!, the deed of tho de
fendants?" together with his Honor's
charge that the change being admitted,
the burden ws on the plaintiffs to
satisfy the jury that Mich change wa
made with the consent of the defend
ants, or was known and approved by
ttem at or before the acknowledge
ment for probate and registration, was I
sufficient Loth in form and substince.
2. The i et that the feme defendant
admitted that she re.-id 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.
S. T. Moftitt i'ap-IUnt , v. George H.
GIa-.s t. al.. from Wake county. Opin
ion by Fair.-loth, C. J.
In an action for damages for breach
of contract in building a bout, where
the issue: "Did defendant, Glaa,
make the contract with the plaintiff as
alleged?" was answered "No;" Held,
that tbe plaintiffs right to a quantum
meruit iuqniry does not depend solely
upon the contract, but upon tbe ground
that he rendered service in work and
labor performed, and that question
should have leen heard under the issue:
"Was the bttil ling accepted by defend
ant or his agent?" and "Was the build
ing completed according to contract?"
5L F l;ra-Ul 1, Administralix, vs. YT. C.
Powell A Co., (appellant) from 7aks
o.uuLty. Opinion by Furcbej, J.
Where B. being indebted to the
i plaintiff's estate, executed to him a
mortgage on bis crop to be grown in
j 191, which mortgage was registered fla Frenck Gorernment anoualls
ion January 1'., 11; and being also pproprUtaa $25,000,000 for variou
j indebted to defendant to the amount J .tjti,
I of $12J.lS, an I desiring to obUia
from them advances to the amount of
$185, to enable bim to make and gath
er his crop, executed to defendants an
agricultural lien under the statute
to the axnonnt of $1&5, and in the
same instrument made a chattel mort
gage on his crop and other property
to secure the $126.19 which instru
ment was registered on Jan.
Held, that the claoao in the iuftru
ment executed to the defendant;
"There is no incumbrance on said per
sonal projurty, except that I am to
pay J. 8. I'.ra&srteld out of crop $llft,
and interest on same from Dec. 2oth,
18'J'J," makee a lien on tho crop to be
paid out of the crop, aud when the
defendants accepted this conveyance
with this provision in it, they accepted
it as trustees and are bound to carry
out the trust.
In re the will of Frank Palmer, from Wak
county. Opinion by Montgomery, J.
1. After a will has been admitted to
probate in common form and lettera
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 u)on notice to ahow cause
why he should not be removed.
2. In such case it is the duty of th
Clerk, upon the caveators giving the
lnnd 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 tbe property and collect the debts
of the defendant until tho issue of de
visavit Tel non should be determined.
State vs. George Darden et al, (appellant)
from Pitt county. Opinion by Clark, J.
1. Whero an indictment on it? faoo
was good and sufficient as a chargo for
stealing the temporary use of a horse,
tho addition of the buggy doea not vit
iate the indictment as to the horse, but
was simply harmless surplusage so far
as tho face of the indictment goa.
2. Whero sufficient matter appears
in the bill to enable tho Court to pro
ceed to judgement, the code, sect. 11R3
forbils an arrest of judgment.
In re Jas. 8. Caldwell, from Guilford county.
Rule to show cause why order to
grant licenso to practice law should
not bo revoked because of his failnro
to pay tho tax due tho State. Rule
discharged upon payment of costs, it
being mado to appear that the said
State tax was paid siuco the issuanco
of tho notice to show cause.
OKNTRY WON THE RACK.
lie Took Three Straight Heats from
I'atchen at ReldsvlUe.
Lowering clouds, a misty, milky at
vnosphcre and a cold wind served to
eep hundreds away from the races at
illeidivillo on Tuesday, but despite all
Ihis a good crowd was present and the
racing excellent. Owing to tbe recent
heavy rains the track was alow, the
back stretch iu particular being heavy.
Mr. Curry, ratchen'a driver, rated the
conrse at least five seconds alow.
The following is a summary of the
racing by heats.
First race, 2:20 class, purse $300.
Tanstone 1, 2, 2, 1, 2. Time, first
heat, 2.2.J. Lilly Ackerson 4, 6, CJ, 6,
D. It. Time, two heats, 2:21i- Mag
luie Campbell, 3, 3, 3, 3, 3. Time,
three heats, 2:21 1-4. Miss Thomp
son, 2, 4, H, 4, 4. Time, four heats,
2:231. Clipper, 5, 1, 1, 2, 1. Time,
5 heats, 2:2 a Billie Wilkes, 6, 5, 4t
5., 2:25 D. It.
Second race, Fatchen and Gentry,
puree 82,000. Gentry drew the pole,
('entry, 1, 1, 1; TatcheD, 2, 2, 2.
Time, first heat, 2:10; time, second
heat, 2:09; time, third heat, 2:00.
Tho three-rninute race waa post
poned a day.
The Kockiughani County Fair Asao
ciation closed their fall racing events
on Wedueday. Tho attendance waa
small but the racing was very good.
The great pacers, Fatchen and Gentry,
are to night quartered in their palace
'car awaiting a train to Richmond,
whero they are to race to-morrow.
While the association has had a most
disheartening misfortune in the way of
weather aud in consequence will lose
onie money, yet it remains a fact that
they have tbelinest mile racecourse in
the South, and it is bound to be a
source of profit eventually. Below is
a summary of the second and last
First race, 3-minute claaa; purse
$200 I'rinceM Eulalia, 1, 1,1; time
2:21; Queen Bees, 2, 2, 2.
Second race, 2:25-cla; purse $2.'0
j Archie, 1,1, 3, 3, 3, 2, 3; Albert C, 2
J 2, 1, 1, 2, 4, 2; Kitty B, i, 4, 4, 3, 1,
1, 1; Musyneton, 3,3, 2, 3, V. IL;
General I)ahwood, ot 5, 5, 5, 5, I. IL
Time. 2:23 1-1.
Third race, 2:4.Velss, purse $150
I'epper Sauce, 1. 1,1; Lady May, 2,
2, 2. Time, 2:30.
Match race, purse $50 Entries,
Nelly Jcwttt, Laura C Won by
Laura C. in 2:29 1-4.
A Negro Kleeted as a Democrat.
Ja:ne C. Matthews, colored, formerly re
corder of d-L at Washington, D. C, onder
Prudent Cleveland's flrt administration,
b l-n -l-ted itid t the Recorder's
Court, of AH-aDy, N. Y.. which office carries
with t th- ow-r of a Supreme Court
judge. Hu majority ia frrer 2,000. He was
nominate aud ehwt! on the regular Demo
cratic ticket. It is the biirb'-t judicial offiea
e-r h-ld by a man of bis rate la this
Six Persons Burned to Death.
Six membt-rs of one family jrlabed by
Are in thir home on the top floor of the
four-tory tenement botute at 311 Van Brunt
street, I$rAJyn, X. Y.. at 1 o'clock Friday
morning. 1 be Dan of tLe d?a 1 arec Cbaa.
Ryan, hi4 wife, KiWi, and their daughters,
Johanna, 20 year old; Sarah, 17; Maggie, H,
and Auj-. 12. The Are startol from a gas
ft in a hail on the ground floor.