Newspapers / The Morning Post (Raleigh, … / Dec. 14, 1904, edition 1 / Page 5
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gHn UORHINO POST. "WEDNESDAY, DECEMBER 41, IQO4 MS Absolutely Pure SMBSTiWTE A. Misst Mafee elma CoEBectieio Supreme Court Reverses Low er Court Holds That Or der by Corporation Com mission Must Be Obey- ed Opinion by Chief Justice Clark for some tlm and was not therefore general for ita.tr, Oen Posen for do- - ior ms acuoa. jn gov- wauaai, uowara vs. Commissioner, ernment on the other hand introduced argued, by Moore for plaintiff, Cowan cwuenco 10 enow tnat cottie was tor ror aexendant. Board of Ed vs com- a number of years a justice or the raissioners, argued by Johnston for peace in his county, had been cost- plaintiff. Horn & Mann fw rf0f.rnt master at Chinquapin for nine yearsTStalcup vs. Stalcup, argued- by Nor- and was a merchant, conducting con- 'veil and Posey for plaintiff Ray for tuu.uiii.uio DuainesB in nrs community, aetencant. Trmtter v interstate train, the travel was too heavy for them to make the tinfe nec?s sary to arrive at Selma in time and still keep their necessary connections at Richmond. On the other hand, as the court expresses it, the public con tended that neither the conditions re cited by the A. C. L. or the Southern was sufficient excuse for keeping trav elers waiting in Selma six hours by reason of missing connection. In the trial before Judge Brown in the lower court the judge submitted the issues as to whether the connection should be made by extending the run of the Plymouth-Rocky Mount train to The supreme court, in an opinion handed down last evening, reverses tne , lower court in the noted Selma connec- Selma or the Springhope-Rocky Mount tion case Corporation Commission vs. . train, to Selma, or by moving up the Atlantic Coast Line -and orders that '; schedule of the present through train. Judgment be entered in the supreme 'still another proposition submitted as court for the execution of the orders by the commission, the operation of the order being suspended, however, until February 10, 1905, for the reason, as the court expresses it, that there isyi probability that the railroad company has not made the necessary prepara tions for the change. an issue, being the operation of an en tirely new train between Rocky Mount and Selma. The jury found that to operate an extra train would cost ?40 per day with an " estimated revenue of $25 per day, and in compliance with instructions from Judge Brown the jury returned To sum up the position of the supreme a verdict also that neither of the other court in the case in a few lines, it ir that under the statute creating the cor poration commission the commission has the power to direct two railroad companies to make connection when re quired by public convenience uniass the order is unreasonable and unjust. The conditions out of which the Selma connection case grew are well known to three propositions was practicable. With these findings by the Jury, the judge reversed practically all the or ders of the commission in the case. In passing on these matters the su preme court holds that the submitting of so many issues as to the Springhope train, the Plymouth train, the regular ! through train and the extra train for They also proved him a bad character. Soon after the jury returned the ver dict Judge Purnell pronounced the sen tence of two years in the penitentiary at Atlanta W. D. Kirg Sentenced . A case of considerable interest was that against W. D. King, the blind man of this city, who was charged with misusing the mails for fraudu lent purposes. He submitted to the charge and was sentenced to six months in jail, the judge stating In connection with the pronunciation of the sentence that he was constrained to make it thus light on account of the fact of the defendant being blind, and that he had a blind wife. Readers of the Post are familiar with the charges against King. How he ordered per ishable goods of various kinds under assumed names from dealers in various parts of the country, and after they arrived and were left in the express office uncalled for he made it conven ient to be on hand and offer sacrifice prices for them, usually getting the goods in this way and then selling them to dealers and consumers here. Flsn, oysters, rabbits and all manner - of goods were ordered and secured in this way until the fraud became so flagrant and frequent as to occasion an investi gation by the government; with' the re sult that King was saddled with the crime. A number of other eases, none of them of special interest, were disposed of during the day. The negro boy, Paul Farmer, who was convicted some days ago of lar ceny from the post office at Wilson, was sentenced to one yearrin the re formatory in Maryland. J. W. W. Sheehan of Johnston coun ty was convicted of distilling and sen tenced to three months in jail and $100 fine. Raeford Jordan, from Moore county, was convicted of retailing and givtn a term of sixty days in jail and $100 fine. Crump Sykes and Luke Sykes were found not guilty of distilling without license. They were brought from Franklin county. Jim Capps, a young white man from Johnston county, was convicted of il licit distilling and retailing and was sentenced to three months in jail and $1,000 fine. A remarkable case in which' the gov ernment failed to convict was that against Modest Brown, from Wilson county. He was charged without re tailing without license, and the gov ernment witness, A. J. Taylor, who testified before the commissioner in the trial below that he bought the whiskey from Modest Brown, went on the stand in the federal court yesterday and swart that the prisoner at the bar was not the Modest Brown from whom he had made the purchase, thereby put ting the cas out of court. In one other case, that of K. P. Joyner, for retailing, there was a jury virdict of not guilty. Angel, ararued by Horn & Mann for plaintiff, J. F. Ila y, Robertson & Benlow and Jone3 & Johnston for defendant. Frances vs. i:vt2, by Crawford for plaintiff, Ehu iu; ior defendant. Rollins vs. Ebbs, by Moore & Rollins for plaintiff, Craw ford for defendant. Wilson vs. Lewis, by Walter E. Moore for plaintiff, Ray for defendant. Satterthwaite vs. Good year, by Shepherd for plaintiff, Fer guson for defendant. The following state ss were ar gued at the end of the eocket: State vs. Morris, by attorney general for the state. State vs. Spruill, by at torney general for the state. State vs. Huff, by attorney general for State, Beckwith for defendant. The following cases will be argued today: State vs. Davis, attorney general for state, MeLean & Mclean for defend ant. State vs. Smith, attorney genera! for the state. OB the public, having been fully lepm tod , the connection was irrevelant and lm in the trial before Judge Brown in i material because the only real Inquiry Wake superior court last April, when j was as to whether the order made by the rulings were made that the supreme ; the commission was reasonable and court now reverses. For ten years prior i unjust, and further, that Judge Brown to 1903 the Atlantic Coast Line had erred in directing the jury as to what made connection at Selma- through their train from Richmond with the Southern Railway westbound train from Goids boro to Greensboro, the connection be ing at 2:25 p. m. Then the Atlantic Coast Line changed their schedule, set ting back the arriving time for their train at Selma, so that it could no lon ger be any connection with the South ern. The reason given for this was that heavier passenger traffic on thoir through train necessitated ther change. The break in the connection was about 25 minutes and was declared to work a great inconvenience upon people east f. Selma who traveled to Raleigh, Greens-" boro and similarly situated points. Soon after this change was made the corpo ration commission directed the Atlantic Coast Line to move up their schedule 25 minutes and make the connection. But about the same time the Southern, by reason of the necessity of maintain ing connection with their main liiu; trains at Greensboro, changed ttuMr schedule so that the train would have to leave Selma earlier than formerly. The A. C. L. also urged upon the coni- verdict they should return because the issues should have been submitted to the jury on the evidence if it had been material. In summing up the case the court holds that the corporation commission has the power to direct two railroads to make connection at any point unless the, order is unjust and unreasonable; that the jury in this case found the or der reasonable and just and that the evidence submitted to them justified the finding. " Thereupon the court affirms the order of the corporation commis sion, but owing to the possibility that the railroad company has not made preparation for compliance with the order, it is suspended until February 10th. It is of Interest to note that the ruling of the court leaves the A. C. L. the privilege of making the connection with the Southern in either of the four ways proposed; that is, by the extension of the runs of either of the two branch trains, by moving up the schedule of the through train or by operating a new train between Rocky Mount and WAKE LAND SALES Sales of real estate were recorded as follows yesterday in the office of the register of deeds: A. W. Goodwin and wife to B. W. Jones, for $1,750, tract of 80 acre In Swift Creek township on the A vent Ferry road, adjoining lands of the North Carolina Insano Asylum and the heirs of the late William Grimes. Andrew J. Blake to Charles W. Mooneyhain, for $190, tract of 15 acres, being interest in land of th late Marenva Blake in House Creek town ship. , ,J. H. Fleming and wife to Tabitha Mooneyham, for $28.89, one-sixth in terest in a tract of 110 acres In Bar ton's Creek township, being land con veyed to . Rindy Blake by Joseph An drews and wife. Simon D. Perry and wife to L T. Baker, for $1,000, two tracts, one 718- acres and the other 24 acres, in Little River township, adjoining lands of W. B. Ferrelf and J. C. Scarboro. W. F. -Joyner and wife to Remas Weatherspoon, for $900, three tracts containing 40 acres, 25 1-4 acres and 4 1-2 acres in Swift Creek township, adjoining land of R. S. Stephens. Kittle L. Richardson (widow) to C. J. Hunter of Wake and J. R. Hunter of Richmond. Va., lor $550. 7 lots in Oberlin. L. P. Sorrell and wife to Thomas S. Smith, for $1,300, tract of 185 acres m House Creek township, adjoining lands of W. Y. Chappell. W. M. Jackson, S. II. Smith and Angelina Warren. J. Carson Ricks and wife to W. T. Reaves and wife, for $375, lot in Ral eigh on east side of North Harrington street, 50 by 105 feet. R. ft. Wynne and wife to E. A. John son, for $2,250, tract of 97 1-2 acres in Panther Creek township, on the Smithfieid road, adjoining lands of T. L. -Lernay. Car o I i ha Trust Com party Is fully equipped to care for the accounts of banks, indi viduals, firms and corporations. It respectfully invites correspondence or a personal interview with those who contemplate making changes or opening new accounts. Four per cent, interest paid on deposit! in Savings Department. mission that they were not able to mak , Selma, the only thing the court insists schedule for the connection by reason j on being that a connection be made for o fthe fact that, this being a .through, J the convenience of the traveling public. uplin Go. '-Postmaster' Goes to the Peoifentforv J. L Cottle Gets Two Years for Perpetrating Pension Fraud-WD. King of Raleigh Seht to Jail for Pos tal Fraud The postmaster of Chinquepin, Du plin county, was sentenced to two years in the penitentiary yesterday In the federal court here for the making of false affidavits as to pensions the. vio lation of sections 4746 and 5421. The postmaster's name is J. L. Cottle. The circumstances ; of the case against Cottle as developed in the trial are that by some means Cottle cam In possession of an application for psn sion decoration for one Mary Ezzell, the theory of the government being that he Intercepted a letter in the mails to get it. It was filled out with general outline by attorneys for Mary Ezzell Jn Washington -when vit came into the possession of Cottle, who pro ceeded to perfect it by forging the sig nature of Mary Ezzell and had the same attested by himself, ' J. L. Cottle and one "James Shaw," who invest I' cation has shown was a purely ficti cious personage. The fraudulently signed document then purports to have been carried before one N. R. Cole, a justice of the peace in Duplin county, who endorsed the document with the certification that the wo forged wit nesses appeared before him and certified that Mary Ezzell signed the decoration firmed. in their presence. This was an absolute i Walker vs. Raiiroad, from Alamance, forgery. Then the documfnt appears j affirmed. - to have been siencd bv R-.F. Pearsall. ! Helms vs. Helm?, from Lmon, petl- OPINIONS BY THE SUPREME COURT Twenty-two Cases Disposed of by Opinions or Per Cu riam Orders' Ar guments The supreme court handed down opinions yesterday in thirteen cases and disposed of nine others per curiam. Far and away the most important opinions were in the noted Selma Con nection case and that of State vs. Van Pelt from Rowan county. In the Selma Connection case the court re verses the rulings of the judge below and affirms the order of the corpora tion commission for the Selma connec tion between the A. C. L. and the Southern railroads. Whilo in the case from Rowan, involving issues largely important to labor unions and the em ployers of the state, the finding of the lower court in favor of the labor un ions is affirmed. Both of these opin ions are fully reported elsewhere in this issue of The Post. The full list of the opinions delivered yesterday fol lows: Deaver vs. Deaver, from Buncombe, new trial. Jones vs. Marble Co., from Bun combe, no error. . . Harris vs. Quarry Co., from Hender son, reversed.' Parker vs. Railroad, from Hender son, affirmed. Hickory vs. Railroad, from Catawba, error. Pinchback vs. Mining Co., from Gas ton, new trial. Goodwin vs. Clayton, from Forsyth, reversed. Hall vs. Misenheimer. from Rowan, no error. State vs. VanPelt, from Rowan, af- Darnell & Thomas' Store will be open of nights until after Xmas. Drop in and select a fine Miller, Muhlin, Shoninger or a Howard Piano for an Xmas gift, and at the same time near some gavel music played on the Ange- lus. A Frig h tend Horse Running like mad down the street dumping the occupants, or a hundred other accidents, are every day occur rences. It behooves everybody to have a reliable Salve handy and there's none as god as Bucklen's Arnica Salve. Burns, Cuts, Sores, Eczema and Piles, disappear quickly under its soothing effect. 25c. at all druggists. clerk of the Dunlin county superior court. Both fo!e and Pearsall testi fied that they never signed any such paper. Another convincing chain in the evi dence against the Chinquepin postmas ter as introduced', by District Attorney Skinner was tV testimony of J. W. Hall, special examiner for the pension, department of the government, who was introduced with the records of the department bearing on the case and testified that J. L. Cottle on December 20, 1S03, admitted to him in writing that he signed Mary Ezzell to the doc ument, and also that of, James Shaw, and that he knew of no such man as James Shaw, although he signed the name. Also that Cottle admitted to him that he affixed the signatures of R. N. Cole," justice of the peace, and B. F. Pearsall, clerk of the court. As a defense the defendant attempt ed to show that h had been ''doping" ticn to rehear dismissed. Corporation Comm. vs. A. C. L. Rail road, from Wake, reversed and judg lr.ent" to be entered in this court. State vs. Bell, from Lenoir, no error. Anna. Griffin vs. S. A. L. Railway, from Anson, petition for certiorari de nied and judgment below affirmed, per curiam. McLean vs. Bullard, from Scotland, per. curiam, uaiaiiw.. McGirt vs. Railroad, per curiam, affirmed. Pearsall vs. Wooten, per curiam, affirmed. State vs. Dillingham, from Bun combe, per curiam, affirmed. Clark vs. Rankin, from Buncombe, per curiam, affirmed. Cowan vs. Roberts, from Buncombe, per curiam, affirmed. Appeals from sixteenth district .were argued yesterday as follows: State vs. Gentry, argued by attorney -At ' JS. Vmhl RALEIGH marble: WORKS COOPER BROS., Raleigh, N. C. Write for catalogue. We pay the freight. C ?4-r..- A. J, RUFFIN, President LEO. D. HEARTT. Vict PreiltnV H. F. SMITH, Cashier. A WELL LIGHTED STORE ATTRACTS TRADE. Qas Arcs give the best and the cheapest light known. All up-to-date stores use them Phone m8. Standard Gas & Electric Co., 124 Fftjettt vlUt Stmt DOBBIN & "ERRALL We give Gold Trading Stamps with every cash purchase. One stamp with every 10 cents 5 I Irastaofti lifts We show the largest Christmas goods stock in town. We have a Ch one. gift suitable for eve ry Now as well at all times o. the year our prices are absolutely the lowest and our goods the best for the money, and you are sure that your gifts bought from our store will be appreciated. '. Shop in the morning if possible. )olblbIir FerralS CROSS from Guilford, from Burke, LINEMAN CO WELCOMED YOU TO NORTH CAROLINA'S UP TO-DATE ill As soon as vou are ready to dress better you're ready to look over our stock. You will find that you can get just such SUITS and OVERCOATS as you want perfect fitting, tailored by hand, of the finest fabrics, ready-to-wear for a great deal less money than these specifications indicate. We cordially invite you to visit our shop. You will find not only the latest creations in CLOTHING and OVERCOATS, but an up-to-date line of MEN'S FURNISHINGS. Come to see us. TP ATP ULUIIn! NGmwsFUM HG STOffi CRO SS INEHAN UP-TO-DATE CLOTHIERS AND FURNISERS & CO JL 1
The Morning Post (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Dec. 14, 1904, edition 1
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