jlljr jsmitljficlb Htfalb. % Price One Dollar Per Year "TRUE TO OURSELVES, OU R COUNTRY AND OUR GOD." S'ngle Coplee Five Cents VOL. 28. SMITHFIELD. N. C.. FRIDAY. JUNE 11. L90?. NO. J 5 MANNING FOR SUPREME COURT.; Durham Attorney Who Becomes As sociate Justice Was Nominated for 6uperior Court Judge in 1896 But With Rest of Democratic Ticket Was Defeated, and Has Represent ed His County in House and Sen ate With Ability. Hon. James Smith Manning, of Dur ham, one of the State's leading attor neys, was yesterday morningi commis sioned by Governor W. W. Kitchin to become an Associate Justice of the Supreme Court of North Caro lina to fill the vacancy in that court j caused by the resignation of Associ ate Justice Henry G. Connor, who be comes the United States Judge of the Eastern District of North Caro- j Jina by President Taft's appointment. | The commission was made out yes- ! terday morning and was sent to the new justice at Durham. The announ cement of the selection of Mr. Man ning created no surprise, for his ap pointment was expected immediately that Governor Kitchin received Judge j Connor's resignation, which came to his office on Monday while he was away in Asheville, as the Governor I bad given out that immediately he | received the resignation he would make the appointment. Mr. Manning is fifty years of age, j a man of the highest character, held in esteem throughout the State, and j with an experience of twenty-six | years at the bar. He is the son of | the late Hon. John Manning, one of j the State's foremost lawyers, who | was for many years Professor of Law at the University of North Carolina. | Puring his career he has devoted him j self closely to the practice of his professsion, and has taken a high stand, being learned in the law, a well equipped, earnest and vigorous advocate. In 1896 he was nominated for judge of the Fifth Judicial dis trict, but in common with the rest Of the Democratic ticket in that elec tion he was defeated, leading his ticket. Twice he has represented Durham county in the General As sembly, once as a member of the House, and at the last session as a member of the State Senate. Mr. Manning was strongly endorsed by members of the bar throughout the State, who urged that he is emi nently fit for the position, is worthy of the high honor and as well equip ped for the duties as any other law yer in the State. Governor Kitchin ard Judge Manning are close personal friends, and during the campaign for the Democratic nomination for Gov ernor he was the manager of Mr. Kitchin's interests. Governor Kitchin regards him very highly, and his opinion is well set out in the words of the commission issued yesterday which reads "reposing special trust and confidence in your prudence, a bility and learning in the law, do by these presents commission you as Associate Justice of the Supreme Court of North Carolina to fill the vacancy caused by the resignation of Henry Groves Connor, late Associate Justice of the Supreme Court." The appointment of Mr. Manning is until his successor is elected and qualified and hence is for the re mainder of Judge Connor's term, which expires in 1910, Judge Connor having been elected in 1902 and the term being for eight years. If Judge Connor had remained in the Supremo Court and his term expired next year thcie would have been the nomina tion for the office at the Democratic Slate Convention, and this will be the same with regard to Judge Man tling, the nomination to be made at the next meeting of the Democratic *l?tate Convention.?News and Obser ve f 4th. Mr. Robert Leach Dead. His many friends here learned yes terday, with the deepest regret, of the death of Mr. Robert Leach, which occurred at Birmingham, Ala., on Sunday night. Mr. Leach, up to some time ago, made his home in thlf city. He was well known and held In high esteem here. He was the son of the late James M. Leach, and a nephew of Miss Dixie Leach, of this city. The remains will be brought to Plttsboro and the funeral will be held there at half past four o'clock. ?News and Observer, June 8. ?'You say you and your wife got parried as a Joke?" "We did." "Who Is the Joke on?"?Louisville fpurier-Journal. MAN KISSES GIRL HE SLEW. I CI e V e i a n d Man Tells Remarkable Story of Killing Sweetheart. Cleveland, O., June 5,?A kiss for each death-dealing bullet that he fir ed into the body of his twenty-two year old sweetheart, Edward T. lie Grew dei lares he pressed to the lips of Mrs. Lena Peters, whom he kill ed with six revolver shots. In a confession made to Police Captain Stauck tonight, McUrew said: "I had made up my mind to shoot her. This morning she made me fu rious. I pulled out my revolver and began firing. "After the first two shots 1 leaned over and kissed her. Then I shot twice more. She was lying still, but 1 heard her say: 'Please don't shoot any more, Edward.' I bent again and kissed her. "The next two cartridges would not explode, and I had to reload. Then 1 fired at her two more times. When I kissed her lips after that I knew she was dying." State News. The North Carolina Teachers' As sembly will meet at Morehaed City June 15th to 18th inclusive. Head yuarters will be at the Atlantic Ho tel, where accommodations are being arranged for a very large crowd. Winston-Salem aldermen have lev ied a tax of $300 per annum on ' near-beer" dealers. It is said the "near-beer" (oiks will resist the tax of $1,000 per annum levied by Char lotte aldermen, on the ground that it is prohibitory. An agitation has been on in David son county to hold an election to vote on an issue of $500,000 of bonds for good roads. But a defect having been found in the law the election cannot be held until after another session of the Legislature?in 1911. During the past month there were 440 prescriptions* written in Greensbo ro for whiskey and 28 for beer, mak ing a total of 468 prescriptions. These prescriptions were divided among 69 physicians, an average of nearly 7 prescriptions to a physician. Mr. Z. P. Smith, who has been elected editor and general manager the Greensboro Daily News, which is to be the successor of the Daily In dustrial News, announces that the new paper will make its appearance Sunday morning, July 18. During a storm which passed over a portion of Rowan county Saturday afternoon a horse belonging to Mr. Q. A. Litaker was killed by a bolt of lightning. Mr. Litaker was on his I way to Salisbury with a load of eggs when the animal was killed. The occurrence happened about six miles from Salisbury, on the China "rove road. OPPOSITION TO THE BELL. Company with $15,000,000 Capital Is Chartered. Charleston, W. Va., June 4.?The National Telephone Corporation, of Pittsburg, with a capital stock of $15 000,000, has been chartered in this State for the purpose of owning and leasing telephone liues in West Vir ginia, Ohio, and Pennsylvania. This company is said to have secured op tions on or control of the principal independent telephone companies of the three States, and will later con struct trunk lines across the conti nent in opposition to the Bell. The concern is backed by New York, M concern is backed by New York, Bos ton, and Wheeling capitalists. Eric Ellington a "Star." Annapolis, Md., June 4.?There are 175 members in the graduating class of the Naval Academy who received diplomas today. There are ten "star" men in the class, one of these being Eric Ellington, of Smithfield, N. C. The other North Carolina graduates ar^Lee Payne Johnson, of Concord. N. C.; Henry George Coop er, of Oxford, N. C.; Augustine Watchman Reiges, of Wilmington, N. C. Clayton Wants Pythian Orphanage. Clayton, June 8.?Clayton lodge of Knights of Pythias tonight instructed i their representatives to offer to the Grand I?dge in session at Henderson vlUe $6,500 in cash and the choice of two sites of twenty acres each for ?he location of the Pythian Orphanage i at this place. NEW BUILDINGS AT HOSPITAL. Two for Tuberculosis Patients and Four Cottages for Farm Superin tendent and Attendants to Be Add ed to the Hospital Buildings in Raleigh. The State Hospital Commission was in session here yesterday and at the meeting plans were perfected I and contracts let for the erection of eix buildings in Raleigh, for installing plumbing and heating, while an order was passed for purchasing the furni ture and equipment for the new build ings in Kaleigh and in lloldsboro. Of the six buildings to be erected here two are to be for tuberculosis patients, one building for males and one for females, while the other four buildings are to be cottages for the farm superintendent and the attend ants. The two buildings for the tu berculosis patients are to be built largely of wood and glass, so as to get as near to out-of-doors condition as possible. The six holdings, which are to be erected as soon as possible, will cost about $12,200, the contract for the buildings having been let to Moser & Adams, of Raleigh. The heating is to be put in by the American Ma chine and Manufacturing Company, of te, and the plumbing by Peck ham & Peckham, of Chattanooga. The commission also arranged about the buying of the furniture for the buildings being erected, the beds, bedding, etc., and this matter was placed in the hands of Mr. J. H. Wed dington, of Charlotte. There were present at the meeting here yesterday, of the commission, Mr. Charles A. Webb, of Asheville, chairman; Messrs. W. A. Erwin, of ?ham, and J. H. Weddington, of Charlotte, the absentees being Dr. J. W. McNeill, of Fayetteville, and Mr. E F. Aydlette, of Elizabeth City