Newspaper Page Text
CHARLOTTE. N. C.
Senator Thurman's FarewelL
In closing his speech at Kenton, Ohio,
Saturday last, ex-Senator Allen I, lbur.
man aaid : "My friends, this is probably
the last political speech I ever shall make
I don't know. Iam a pretty tough old
lellow, and it may be that I will be wan
dering about here like a ghost on the .bank
of Styx ten years from now talking democ
racy to you. I swear you will never hear
me talking anything else. But I am in
clined to think that this is the last politi
cal speech I ever shall make. And if it is,
in mj parting words to you I beseech you
to stand by the great principles that
Thomas Jefferson laid down for the Amer
ican people, and Andrew Jackson enforc
ed, and that have made this country one
of the greatest and freest and most lovable
countries upon which the sun of God
shines to-day. Be thankful that you have
such a government, and never forget that,
when you come to sift it down, to analyze
it, to boil it, you will find that every prin
ciple that has contributed to your happi
ness is a principle of the democratic par-
Senator Thurman is the child of aNoithCaro
lina lady, and his father was a Methodist preacher
who moved from Edenton, N. C, to Ohio, many
years ago. Thurman'a mother was a sister of
Gov. Ole Bill Allen, of Ohio, a native of North
Carolina, and the greatest man Ohio ever had in
Preachers and Politics.
Too long have North Carolina preachers
been 'lorded over' by a worthless class of
people, and the falchion beneath which
they fall is the remark that a preacher
should not meddle with these questions.
Who are the men who talk this stuff?
Neither are they preachers nor christian
laymen. The voice comes from the bar
room or the politician. Every christian
minister is a citizen. He is neither a for
eigner nor an outlaw. He has a right to
the hustings ou any question, so far as his
citizenship is concerned, and a right there
on questions of general morality, so far as
his duty to his God and country is con
cerned. Raleigh Recorder.
The right of any man to go on the 'hunt
ings,' no reasoning man will doubt. Every
oitizen because he is a citizen has a
perfeot right to aspire to any office he
may see fit. It is a right conferred on
every man to vote and labor in the cause
of politics, for or against whosoever be
may. We would not for one instant be
considered as denying the legal right of a
minister of the gospel to go on the hust
ings and labor in any way that he sees fit
for the success of any candidate whose
oause he may espouse. While we do not
deny to ministers of the gospel the legal
right of any political work or intrigue
they may indulge in, we do believe that
they have no moral right to prostitute the
influence they have gained over their con
gregations for political purposes. When
the ministers of the gospel step down from
their sacred desks to labor for any cause
other than the advancement of the cause
of the 'meek and lowly Jesus,' they have
in the estimation of a large body of our
people lowered their dignity and de
stroyed a measure of their influence for
good. The people believe that the minis
ter of the gospel has set himself apart
from the world has consecrated himself
to the cause of Christ in a peculiar sense
and they will not tolerate in ministers of
the gospel much that would go uncon
demned even applauded iu consistent
members of the church. The minister's
influence over his people is gained by
means of the near relations that exist be
tween him and his people his influence is
gained because the people look Upon him
as set apart for God's service and as a man
of holiness. If the influence gaioed by
these blessed and ennobling sentiments is
to be UBed by an engine of political ag
grandisement, the people will soon cease
to love and reverence their minister. They
will soon look upon him as a politician,
and not an embassador of the God of love
The only safe plan for ministers of the
gospel is to keep out of politics, except so
far as the exercising of their ricjht of citi
zenship at the ballot-box is ooncerned.
That's the true doctrine.
The Internal Revenue Law.
The Nashville American, in an article
on the operation of the internal-revenue
system in Tennessee, Bays:
"The major portion of them those
charged with violating the internal-revenue
laws are dragged from the extreme
or mountainous limits of the middle divis
ion of the State. . In large numbers they
appear here at each succeeding term of
the oourt. It is true some of them have
violated the law, but yet a large number
are found, upon investigation, to be inno
cent; but under the operation of the law
they are severely punished in being - com
pelled to defray their own expenses and
those of their witnesses for a long journey
to the capital of the State. They are
compelled by the terms of the law to de
fray the expenses of their witnesses in
order to establish their innocence. ' The
Government, while it arrests them and
seizes and destroys their property without
due process of law, will not pay the ex
penses of the defendants' witnesses, no
matter what their financial condition may
be. The inability to defray the expenses
of the witnesses that will prove innocence
is a matter that the Federal Government
will cot take cognizanoe of, and hence, if
he be a poor man, though never so inno
cent, he must suffer the penalty. In this
oount, under the operation of the internal-
revenue law, it wouia seem that be was
tried by poverty rather than by hia guilt
or innocence. Is he poor? is the question.
If so, ani unable to procure the attend
ance of his witnesses, then the evidence of
the officer convicts, and in this way many
an innocent man may be made to Buffer."
The American's pioture is not overdrawn
in the least, and what it says is as true of
1 North Carolina, Yirgiuia, and Georgia as
it is of Tennessee.
Shame ojt your Society. Some years
ago Vermont had as unenviable a reputa
tion as Indiana ever had for granting di
vorces. Public sentiment at last beoame
so aroused that the Legislature of 1878
passed sltv in restraint of divorce." The
number of divorces granted in 1879 was
one-third less than in 1878, when it had
reaohed the alarming proportion of one for
every, fourteen marriages. But society
appears to have retrograded again. The
Rutland Herald reports that no less than
fonrty-four couples have ' applied for di
vorce to the County Court at its present
session, which is one to nearly every thou
sand of the population.
The N. C. Presfcytbrian Synod.
We gather from several exchanges the follow
ing notes of the Synod's proceedings :
The seventy-fourth annual session of
the Synod of North Carolina' was begun
at the Presbyterian Church in Fayette
ville Oct. 26tb, and adjourned Oct. 29th,
and notwithstanding the cold, hard rain,
there was a fair attendance. Rev. J. W.
Primrose preached the opening sermon
from the text, "He that Believeth in Me
Hath Everlasting Life." After the ser
mon the Synod was duly organized by the
election of Rev. R. Z. Johnston of Lin
colnton, in the Mecklenburg Presbytery,
as Moderator, and Rev. Alexander Sprunt
of Henderson, and Capt. J. F. Johnston
of Charlotte, as temporary Clerks.
The Synod embraces the entire State
and has 254 churches, served by 115
pastors. The number of its communicants
is 21,840, and its Sabbath schools have en
rolled 12,259 scholars. From the report, it
appears that there are 21,840 church mem
bers, a net gain of 1,948 over last year.
The average salary paid the laboring
ministers of Synod is $729, which is an
average contribution to pastor's salary,
per member, of $3.18. Orange Presby
tery presents the highest average, paying
an average salary of $844, and the aver
age contribution per member being $4.44.
Fayetteville Presbytery presents the low
est, $519 being the average salary, which
is $2.10 average contribution to this pur
pose per member. These figures show
quite an improvement over last year. In
every Presbytery exoept that at Concord,
there has been an increase in both of these
averages. Last year $2,242.50 was ex
pended in the Synod for sustentation
work, which means that the amount was
paid towards supplementing the salaries
of ministers in feeble churches and in aid
ing in the building of churches, where the
congregation required aid from the
church. The Synod has fifty-four manses;
fifty-one of them are valued at $101,000,
the other three reporting "value un
known." The sum of $901 was contribu
ted last year to the invalid fund ; of this
fund aid was given to live disabled
ministers and five families of deceased
The first order of the day on Thursday
was the hearing of an address by Rev.
W. E. Mcllwaine, "The duty of the
Church in securing a larger number of
efficient ministers." The address was
very elaborate, abounded in valuable
statistics, and was asked for by the Synod
A committee consisting of Rev. P. R.
Law, Rev. R. B. Arrowood and W. T.
Hall, was appointed to nominate a Board
of Trustees for the Synod. The commit
tee reported for the Board : Col. J. E.
Brown, J. B. Rankin, John L. Brown, D.
F. Cannon, E. B. Stinson, R. M. Ones,
and Hon. A. C. Avery, and the report
Thursday night a large congiegatioo
listened with marked attention to a power
ful set mon from the Rev. J. Y. Fair of
Charlotte, from the text "We know that
Thou art a teacher come from God, for no
man can do the miracles that Thou doest
except God be with Him." The subject
of the sermon was the divinity of Jesus
Christ, as proved from the power and ex
tent of His influence in the world. Alter
the sermon the communion of the Lord's
Supper was celebrated.
Memorials of deceased ministers were
read as follows, viz: Of Rev W VV
Pharr, D D, by Rev R B JJorrow; ot Rev
W A McDonald by Rev P R Law; of
Rev J C Alexander by Rev L C Vass; of
Rev C H Wiley, D D, by Rev F H John
son; of Rev J D Currie by Rev A Mc
Queen, and of Ruling Elder Jesse HLind
sey, for many years Treasurer of the
Synod, by Rev. F H Johnson.
Rev P. R. Law, chairman of the com
mittee on the minutes of the General As
sembly, submitted his report, which was
received and adopted. This report en
joins upon Presbyteries to concert in such
measures as will stop riding unlawfully
on Sunday railway trains and steamboats,
and require churches to include Sabbath
observances in their reports on the state
of religion within their bounds.
The following complaint from certain
members of the Presbytery of Mecklen
burg was submitted to the Synod :
"The undersigned respectfully complain
against the following action of the Presbytery of
Mecklenburg (Vol. HI, page 333) : Our sessions
are hereby enjoined to refuse to admit to church
membership or retain within the pale of the
church, those who, after admonition, persist in
the manufacture and sale of intoxicating liquors
aa a beverage, or who rent their houses, either
wholly or in part, for said purposes, or who fre
quent drinking saloons, either habitually or oc
casionally ;' on the ground that said action is un
constitutional. Signed. G. L. Cook, 1. P. Pyron,
J. W. Harris, Q. 8. Robinson, W. H. Michal, R.
Z. Johnston, C. W. Robinson."
The complaint was . referred to the
Judicial Committee (Revs. N. McKoy, C.
A. Munroe and Judge A. C. Avery,) and
the committee reported that they find
that the complainants have, on their part,
conducted the complaint regularly, and
recommended that the usual proceedings
be adopted in passing upon the complaint.
A. friend informs us that about 10 o'clock
Friday night, after conference between Rev. Q.
L. Cook, who represented complainants, and
Col. J. E. Brown and Rev. E. P. Davis, who
represented Mecklenburg Presbytery, the com
plaint was called for, and, by permission of
Synod, was withdrawn both parties consenting
upon an interpretation of the deliverance of
Presbytery, which was satisfactory to complain
ants and respondents, that the deliverance is not
judicial, but didactic (instructive,) monitory and
advisory. Thus the matter is left with the Ses
sions of the Churches.
Rev. U. G. Hill, D. D., was appointed
correspondent of the Synod on the com
plaint of Mecklenburg Presbytery against
the action of the Synod in the Robinson
Rev. J. Y. Fair of Charlotte, preached
in Williams' Hall, on Sunday morning,
uct. 3Mn, lor the Methodist congrega
tion, and all pronounced it an admirable
Col. John E. Brown represented at
Synod the First Presbyterian Church of
Charlotte, and Rev. J. Y. Fair and Capt.
Jas. F. Johnston the Second Church; and
John W. Moore, Esq , the Hopewell
Church. All speak in the highest terms
of their entertainment at Fayetteville.
The Synod of North Carolina has met
in Fayetteville thirteen times since 1813,
when it was organized. Of the ministers
who moderated these thirteen sessions, all
are dead but four. Of these tour three are
Macs, and - the fourth - is bo thoroughly
Scotch that he doseiA need the famous
prefix, the Rrv Colin Shaw, who now lives
in Duplin county. The Syond has but
seven stated clerks . in its seventy-four
years of life. The Rev Colin Mclver wa
clerk for thirty-one year p.
The next Synod is to meet in Goldsboro,
in Uct., 1888
From the Farm and Field Stockman.
Everybody is interested in tb warfare
of poverty. Each person is at - least the
sworn enemy of poverty as far as concerns
himself. Henry George has undertaken
to organize a kind of army to fight this
battle. But instead of working or fight
ing directly against poverty by helping
the poor or devising ways by which they
can better earn their living like other peo
ple, he has set up a sort of wind mill com
bat, like Don Quixote, against capital and
capitalists. It matters not that all the
world is laughing at him. He has his
Rosinante theory all saddled and bridled,
be has his lance in rest in the shape of a
steel pen that he is convinced is safer and,
iu his band mightier than either the sword
or spear. He even is so fortunate as to
have a reliable Sancho Pansa in the Rev.
Dr. McGlynn, an unfrocked Priest and a
bad man of the Catholic Church.
But though this redoubtable knight and
squire succeed in making themselves ludi
crous enough, in their wind mill perform
ances on the plat form and ic their news
papers and in their ambitious political ad
ventures, yet the comparison must end
here. Their lunatic utterances and move
ments are not harmless like their old Span
ish prototype. The average workman
does not always discern the unwisdom of
killing the goose that lays the golden egg.
Men led by demagogues aud fanatics will
strike when they know they are to lose
the wages on which their families depend
for food, fuel and the common necessaries
of life ; when they know that suffering and
distress to themselves and their families
must result. So men will follow the lead
of George for the destruction of the good
order of society and personal ownership in
poverty on which all employment and all
wages depend, and all that general pros
perity which makes America a favored
land. They forget that their own ad
vancement rests npon these very princi
ples of good order and the privilege of ac
quiring and owning property. Would
not every one of them like to have proper
ty of his own? W ould he not be glad to
have capital and become an employer?
Would he not like to have a home ot his
own or even a farm or two?
Some fact 8 have come to light which
indicate the insincerity of suoh leaders as
George. When he acquires money and
property he does Lot scatter it to the
winds nor even endow his ami-poverty
society. The New York Advertiser says:
"Mr George his coma out about $50,000
ahead by his warfare on monopoly. At
this time last year he was not worth $10,
000. Now he is said to have $60,000 to
$70,000. He has a very pretty boue on
Pleasant avenue in a fashionable suburb,
and lives quite in the style of those bloat
ed monopolists whom he denounces to
freely. His books, which had a compara
tively small sale before he ran for Mayor,
have brought in $25,000 or $20,000 in the
last ten months. He also makes money
from his paper, the Standard, which was
established on the basis of the celebrity he
gained in the mayoralty contest. In fact,
the improvement in Mr George's finances
is due directly to his crusade agaiust pov
erty. Mr George is said to be as close
fisted as the typical monopolist. He is
eloquent in beseeching others tocontibute
to the anti-poverty fund, bat it is said bis
own purse-strings are drawn lightly
against poverty's appeals. He talks of
grinding employers, while by common re
port, in relation with the employes of his
paper, he is anything but generous."
The same authority states that Dr. Mo-
Glynn's hotel expenses are $100 a month
and that his pocketbook is well filled.
The anti-poverty crusade evidently pays
these demagogues and leaders. Does it
benefit the laboring poor man ? A far
better benefactor of the poor is a man who
will furnish steady work in some produc
tive industry at reasonable wage.
The Suffering Poor in Europe.
Here is a startling story, all of the way
from Vienna :
"Inquiry reoently instituted into the
condition of the Vienna poor attending
the elementary schools resulted in appall
ing disclosures. Upward of four thou
sand children were suffering the pangs of
hunger, some of them being on the verge
of starvation. A long list of heart-rendering
cases came to light, and no doubt was
left that not a few of the unfortunate little
ones had died of inanition. Their emaci
ated appearance amply testified to the
veracity of the statements persuasively
extracted from them, which revealed a
condition of hopeless destitution unpre
cedented in the pauper records of this cap
ital. This intelligence, heralded abroad
through the local press, at once made the
starving school children the idols of the
The children, when cross-examined by a
relief committee, corroberated the evideoce
already taken. It transpired that their
principal food consisted of dry bread and
occasionally a little weak soup or coffee.
It is quite true that some of them affirmed
that they were habitually addicted to a
glass of spirits to stifle the cravings of
their appetite and to keep out the cold.
One boy postively stated that bis father
was a good man, and that when be could
not give him anything to eat he let him
drink as much gin as he liked, and this
was why he often went to school drunk.
The parents of these starving children are
the most part day laborers, though some
undoubtedly belong to a less respectable
As Boon as the work of relieving the
children was begun the subscriptions were
opened at the editorial offices of the metro
politan press. Seldom has an appeal to
public charity been more readily and more
generously responded to. The poorer
classes have largely contributed. The
popular newspapers are full of advertise
ments from people who cannot spare much
money, but who offer to give one or two
children their daily food. All the hotel
and restaurant keepers are feeding a cer
tain number of children every day.
I3f J. E. Smith, an express messen
ger, who recentlv killed two train rnhhera
near El Paso, Texas, has been paid $2,000
by Governor Itoss as a reward for bis act.
Smith will probably get $2,000 more from
the Express Company, and $1,000 from
the railroad company, making a total of
$5,oOo. ; : - ; .. .
t2T The Giersch case, now a celebrated
case by reason ot its numerous hearings
and the question involved, was argaad be
fore the Supreme Court Saturday, The
decision of this case will settle in North
Carolina the question whether beer . and
wine are "spirituous" liquors. Attorney-
general uavjdson appeared lor the. State,
and Giersch was represented by Messrs.
U. M. Bnsbee, Arm stead Jones, Jno. Dev
ereaux, Jr., and Ed. O. Smith, Raleigh
Col. Thos. M. Holt's Speech at the State
On Friday of week before last the Trade
Display at the State Fair in Raleigh was
the feature of the day. After the parade
reached the Fair grounds, CoU Thos. M.
Holt, of Alamance, delivered the speech of
welcome, as follows :
Gentlemen of the Trade Procession and
Fellow Workiogmen : I am proud to per
form the duty requested of me by the
State Agricultural Society, to . welcome to
its grounds this imposing display 'of the
mechanics, manufacturers and tradesmen
of the State. Suffering from indisposition
and encumbered with many cares, 1 yet
felt willing to embrace tbis occasion to
testify my profound sense of the the vast
importance, to our people, of the advance
ment of the mechanio arts, and a deep
appreciation of your efforts to this end.
You are the advance guard ot prosperi
ty. Jfivery stroke of your hammers, every
click of your type, every breath ot your
engines, sounds the march of fortune, and
hastens the day of financial independence
for the land of your birth.
You are the very heart of progress, the
very brain of the industrial body. You
who are pioneers in the industrial enter
prises of the day, determined to hew your
way to success, and in spite of every ob
stacle, to snatch vio'.ory lor North Caroli
na toil, and taste and skill. It is a joytul
day for this Society which sees you upon
its grounds, strong-as an army with ban-
ners and loiiowed oy ine aamiration anu
praise of your fellow citizens. .
Although not a citizen of your beauti
ful capital, yet feeling that the State Fair
was an institution which was a factor oi
the highest importance in the advancement
of the agricultural and mechanical arts of
- - W ... C
the whole state, i was glad to give, ior
many years, whatever of time, and mt-ans,
and efforts, and influence lay in my hum
ble power to sustain that institution.
Through what unparalleled difficulties and
obstacles it was maintained tew will ever
know, but every sacrifice was cheerfully
made in the hope of promoting the two
great interests, the farm and the work
shop, upon which all the hopes of my fellow
citizens must depend.
Rich will be the reward of all who have
so long labored in this cause, when we
look about us to see improved agriculture
filling our barns and granaries, and ex
tending knowledge and skill, dotting our
hills and valleys with factories and work
shops, and keeping our marts of trade for
ever busy with the circliog wheels of in
I am proud this day, that 1 can justly
claim to be a mechanic, that I have many
of them in my employ, and never as yet
have I had any differences with any ot
them, as to the manner in which they have
been treated. Go seek the bright jewels
that adorn the new crown of Carolina, in
these her days of promise, with the arch
ing skies of a golden future bending over
her. Find those jewels in Henderson, in
Oxford, in Durham and in Winston, and
wherever the spirit of enterprise has set
her forces at work which always have and
always will enrich a people, as they march
on to better times, with busy bands and
hopeful hearts, with skilled fingers and
cheerful wills. Happy are the men who
fulfill the Divine command, to earn their
bread by the sweat of their brow. Blessed
will be that people, who acquire the high
qualities that accompany willing toil of
muscle and brain, toe patience, trie aell
denial, the industry, and the indomitable
determination that win, not only at the
plow, and before the forge, in the count
ing room and the workshop, but through
out life's broad battlefield. '
I cannot suffer this most appropriate
occasion to pass, without reminding you
of the intimate need the farmer and the
manufacturer have each for the other;
being both I know them. They are the
right and left wings of the same army.
They are tbe Siamese twins of industry.
m. . " -ri;
ine tarmer requires a consumer ui uis pro
ducts, aud the best possible coosnmer (or
him is the mechanio at his door, one who
is not his rival, not his competing antago
nist, but is bis neighbor and his friend,
with whom he may exchange the products
of his labor, in the vast variety that ac
company farming operations for the fa
brio, tbe implement or what material, the
skill of tbe mechanic has made ready for
him. So too, is it the highest interest of
the manufacturer to cherish the farmer
near by, and protect tbe oommon welfare
of him whose produce, impossible to ob
tain lrom a distant market, it may be,
contributes so much to the comforts of dai
The true interests ot the farmer and tbe
manufacturers are, and ever must be
identical, who harms one, inflicts a blow
upon the other, whosoever willingly or not
Bhall cripple oner is seriously damaging
the other, and is the common enemy oi
A people altogether agricultural is in
variably poor. Political economy indi
cates this truth, and human history de
monstrates it beyond a doubt. Wealth is
the reward of skill. While it is not the
chief good ot men or of nations, yet it is the
means in this age of' enormous influence
North Carolina as she may be, with her
plains and hills dotted with manufactur
ing towns, and her half hundred of min
erals fashioned any day into princel com
binations to the commerce of the world,
her valleys teaming with a thrifty popula
tion, coffers bursting with riches, think
you that the majesty of power will not
hang upon the silver tongues of her states
men in the national councils !
Sam'l. J. Randall points to the increase,
within a brief period, of one hundred and
twenty millions of taxable property in the
South, as oontraeted with forty millions,
in an equal area and population North,
within the same time,, and declares that
the day will yet arrive, when the South
will be the richest section of the two. That
prophecy demands for its fulfilment that
improved agriculture and progressive me
chanism . may move in accord, in a grand
and resiatles advance to the sovereignty
of the industrial world.
God has given us almost boundless re
sources. We have but to use intelligent,
ly, and perseveringly, what lies about us,
ready for our grasp.
To you who are tbe bright exemplars of
such knowledge, and such enterprise, may
all honor be done tbis day, not only by
the State Agricultural Society, in whose
name, I again welcome you, but by your
fellow citizens, who witness this superb
exhibition of your publio spirit, and by all
throughout' our i borders, who love their
native land, and desire the glory and hap
piness of her people. - ' '-
In the name of the North Carolina State
Agricultural Society, I again bid you wel
come to these grounds.
Owen Manning, a white horse-.
thief, convicted from Robesou county, and
a desperate man, was shot and killed while
trying to escape from the penitentiary
Digest of N. C. Supreme Court Decisions.
; Fall Term, 1887. . ;
Reported for the Raleigh Observer.
McLawhorn vs. Worthington. A de
scription in a deed of "all that tract of
land situate in said county and bounded
as follows and adjoining tbe lands of
certain parties named, containing 360
acres" is sufficient.
Where in special proceedings to sell
land to make assets all parties are before
the Court, notwithstanding irregularities
and informalities, the Court having juris
diction of the subject matter and of the
parties, the judgment is not void and can
not be attacked collaterally, although tbe
irregularities might afford ground for
a motion in the cause to set aside tbe judg
ment. A deed conveying a tract of land
"known as part of tbe John Tripp land,
adjoining tbe lands of certain persons
named, containing 100 acres" is too vague
Mobly vs. Watts. Secondary evidence
may be given of tbe contents of a record
which is shown to have been destroyed.
And where such records were burnt the
statutory mode of proceeding to restore
burnt records does not exclude another
mode of proof. The statute is not a re
peal of toe common law rules of evidence,
but in aid of tbem. Where on an adverse
intimation of tbe Superior Court, the
plaintiff takes a nou-suit and appeal, the
appeal is regular.
Miilheiser vs. Erdman. Where the de
fendant applied to plaintiff for sample and
terras and the reply was "Term? three,
four and five months notes," and an order
is given and shipment made, the plaintiff
enclosing with the invoice three notes,
which he asked should be signed and re
turned, Held, That the signing and return of
tbe notes was to be concurrent with the
delivery of the goods, and no sale was
made until the notes were so signed and
Held, That the receipt of the goods
vested no title in tbe defendant, and he
held them for the plaintiff until he had
performed the concurrent act of returning
the notes. Not having returned the
notes, his conveyance of the goods to an
assignee for the benefit of creditors was
Held, That there having been no sale
t-ffected, the statute requiring tbe regis
tration of conditional sales has no applica
tion. Cuthrell vs. Hawkins. Where one un
der a will has a life estate in land and
mortgages the same, and thereafter the
administrator of the devisor sells the land
under an order of Court lo make assets,
and the same i purchase 1 by a trustee as
an investment for a trnst fund, in which
the devisee for life who had mortgage !
the land also had an interest;
Held, That in a suit to foreclose the
mortgage and sell the laud to satisfy the
mortgage debt, the former life tenant now
having an interest as a cestui que trust in
the same laud, is not estopped by her
mortgage deed from showing all the facts,
the estate held by her at the time of mak
ing her conveyance having run out.
Bevans vs. Goodrich. Where, in a bill
of foreclosure, a judgment has been ob
tained and an order made to lay oil the
homestead ol the defendant, provisionally,
there being an intervening judgment
creditor, a party plaintiff, and the com-
misiiioneri to lay oft tbe homestead act
and make their report, and defendant asks
for an allotment of seven additional acres,
which is assented to by the pUintiffi and
an order m made to that effect, giving lo
defendant the privilege to select the said
additional acres and, on his failure, di
recting the commissioners t do s; and
defendant failed to make m b-ction, and
therefore the commissioners acle-t without
Held, Thit any objection defendant
may have had to the order was waived by
his failure to perfect his appeal and aban
doning it, after he had appealed from
Held, That the order went to the merits
of the matter and was not a mere inter
locutory ruling, but was tho subject of an
Held, Thit an omi6tion to state the
date ot the allotment of which defendant
had knowledge, being urged to attend,
worked no injury.
Held, That questions ot fact that arise
in the progress of the. allotment are not
such hsu (-a of Uct as entitle the parties to
a jury t rial.
Held, That although either party could
have had the valua of the properly as
sessed by a jury, yet when an allotment
bas been made and the defendant asks tor
a specified addition which is agreed to by
tbe other parlies, and the Court so orders,
there is no longer a question of value tor
the jury to assess.
Held, That questions of costs must
await the tale and final judgment where
the application of the fund depends on
the amount realized.
Grimes vs. Elizabeth Taft. In the par
tition of John Boyd's land among his
heirs in 1859 the shares allotted to four
of them were charged " with the payment
of $1,237 to Elizabeth Tift, an heir, for
equality. Henry, one of those whose
shares were so charged dying, his estate
descended to Elizabeth and -others. In
1879 his administrator filed his petition
against Elizabeth and others to sell
Heurj'a land to make assets, and the land
being duly sold, plaintiff bought and re
ceived the deed. In 1885 Elizabeth issued
execution on the judgment of 1859 and
directed the sheriff to sell the land allotted
to Henry and which in 1879 had been
purchased by -plaintiff, and thereupon
plaintiff applied for an inj action,
Held, That the share of Henry de
scended to his heirs subject to the charge
made on it in 1859, and that Elizabeth
was entitled to h ave the proceeds of the
sale made in 1879 applied ia the due
course of administration to the discharge
of her liea.
Held, That sb-a being a party to the
proceeding to sell the land cannot ques-
lion tne title oi tne purchaser. And thit
the purchaser holding under the deed
made in pursuance of the judgment of the
Court in that case, holds the land dis
charged of the lien, and is entitled to the
Roger, ex., "vs Clement". Where there
are two co-obligors on a single bond on
which the presumption of paymeut has
arisen, such presumption cannot be re
butted wo a to charge one of the obligors
by the naked admission of tbe other that
the bond had cot been paid, made in the
absence of the ' obligor sought to be
charged. Such admissions with regard to
single bonds are held to be within tbe
scope of Bectioo 22, chapter 65, Revised
Code, as such bonds are declared to be,
along with promisory notes, on a footing
with inland bills of exchange, nd are
treated as mere promissory notes under
A judgment taken by default against
one co-obligor can have no greater effect
than an omission to .charge the other
Green vs. Griffin. An interlocutory
order of restraint had been made from
which Griffin appealed, and then disre
garding it, he was fined for contempt, and
from tbis he also appealed.. On this last
aDoeal the Supreme Court affirmed the
judgment, after which judgment of
Supreme Court, Griffin applied to
Superior Court to modify or remit
fine, which the Judge declined to do for
tbe want ot power, and Griffin again ap
pealed. The present appeal thus raises the ques
tion of tbe legal power ot a subsequent
Court, af',tr an affirmance of tbe judge
ment from which the first appeal was
taken, to modify or remove the imposed
penalty; Held, That without deciding
how far a succeeding Judge may modify
tbe terms of the order in conducting the
cause, yet after an appeal he has no power
to do so.
THE LATEST DECISIONS.
Opinions were filed in tbe lolloping
cases on Monday last:
Perry vs. Adams (twocates); bo much
of judgment as declares that plaintiff is
not entitled to the possession ot tbe land,
affirmed; in other respects it is set aside,
administrator t. be made party defendant,
account to be taken, &c. Coble vs.
Branson; noe ror; affirmed. State vs.
Emery; indictment for liquor selling; no
error; affirmed. Sugg vs Insurance Co;
no error. Clilton vs Fort; no error.
Chemical Co. vs Johnson; error; new
trial granted. State vs Lockmao; judg
ment arrested. State vs Wilkerson; no
error. Dortcb vs Benton: error. Dev-
ereux vs Insurance Co:
no error. state
Oakley vs Van
vs Dickerson; no error.
Noppen ; no error.
Comparative Cotton Statement.
The following is the comparative cotton
sta'.ement for the week ending Oct. 28th:
Net receipts at all U. 8. ports. 294.841 255.923
Total receipts to date, 1,747,284 1,296,411
Exports for the week, 218,702 146,812
Total exports to date, 959,733 660,118
Stock at all TJ. S ports, 613,123 616,330
Stock at all interior towns, 150,952 132,029
Stock in Liverpool, 444,000 340,000
mock or American anoat for
Total Receipts at all American Ports
since Sept. 1st, 1887".
The following are the total net receipts
of cotton at all United Statt s sea-ports
since be pte tuber 1st, 1887: Galveston
262,112 bales, New Orleans 456,216,
Mobile 60,956, Savannah 378,402, Charles
ton 194,310, Wilmington 80,389, Norfolk
143,571, Baltimore 1,846, New York 1,341,
Boston 10,757,NewportNews 1 ((Phila
delphia 2,838, West Point 122,298, Bruns
wick 10,189, Port Royal 3,958, Pensacola
7,897. Total 1,747,284.
Total Visible Supply of Cotton.
Nnw Yoek, Oct. 29. The total visible
supply of cotton for tbe world is 2,239,
947 bales, of which 1,718,347 are Ameri
can, against 1,861,349 and 1,486,049 re
spectively last year; receipts from all in
terior to wnB, 192,049; receipts from planta
tions, 333,987. Crop in sight 2,068,956.
Arrival and Departure of Trains at
RICHMOND & DANVILLE AND ATLANTA
& CHARLOTTE AIR LINE.
No. 50 Arrives at Charlotte from Richmond at
2:15 a. m. Leaves for Atlanta at 2:25 a m
51 Arrives at Charlotte from Atlanta at 5.05 a.
m. Leaves for Richmond at 5.15 a. m.
No. 52 Arrives at Charlotte from Richmond at
12:35 p. m. Leaves for Atlanta at 1:00 p. m.
No. 53 Arrives at Charlotte from Atlanta at
6:25 p. m. Leaves for Richmond at 6:45 p. m.
CHARLOTTE, COLUMBIA & AUGUSTA.
Arrives from Columbia at 6:10 p. m.
Leaves for Columbia at 1:00 p. m.
A.t T. & O. Division.
ArrivcB from Statesville at 10:45 a. m.
Leaves' for Statesvile at 6:35 p. m.
Leaves Wilmington at 7:25 a m; arrives at Char
lotte at 4:20 p. m.
Leaves Charlotte at 8:45 p m; arrives at Wilming
ton at 8:00 a. m.
Shelby Division of Carolina Central.
Leaves Charlotte for Rutherfordton at 4:32 p. m.
Arrives at Rutherfordton at 9.10 p. m.
Leave Rutherfordton at 7.15 a. m.
Arrive at Charlotte at 11.50 a. m.
RALEIGH & AUGUSTA AIR-LINE R. R.
Passenger Train Leaves Hamlet 2:45 a m, arrives
at Raleigh 9:00 a m.
Leaves Raleigh at 7:00 p m, arrives at Hamlet
1:35 a m.
WESTERN N. C. RAILROAD SCHEDULE.
Passenger train leaves Salisbury 11.30 A. M., ar
rives at Asheville at 5.48 P. M., and at Paint
Rock at 8.30 p. m.
Leaves Paint Rock at -.0.55 a. m., and Asheville
at 1.10 p. m, and arrives at Salisbury at 7 20
CAPE FEAR &, YADKIN VALLEY ROAD.
Leaves Greensboro 9:50 a. m.
LeavesFayettesville 3.30 p.m; arrive at Bennetts
ville, S. C. 6:45. n. m.
Leavts Bennettsville, 8. C, 10:10 a. m ; Leaves
Dayetteviue 2:00 p. m., arrive at Greens
boro 7:25 p. m.
FALL AND WINTER CLOTHING.
PHARR & LONG,
(Successors to E. D. Latta c6 Dro.,)
Having succeeded the well known firm of E
D. LATTA. & BRO., it is our desire to receive,
and will be our utmost effort to deserve, that
loyai support ai tne nanas or the community
which so steadfastly attended the retiring con!
cern, and has made them prominent throughout
New Clothing for 1887.
We shall give very close attention to our busi
ness and shall have a special care to the interests
of our patrons, and as we begin our new life,
haviog no accounts and naught against anyone'
bearing -good will toward all men," and a very
special liking for ladies, who have the responsi
ble charge of providing well for the comfort of
the "risiner feneration " wo l,n v, k
teous dealing, tbe selling of reliable Goods only
Gentlemen's Furnishing Goods.
Our expenses will be light, relatively reduced
as we shall serve in active capacity ourselves, and
as we have purchased our Stock very advan
tageously, and mucb under value.
We will offer inducements heretofore unknown
to the trade.
The first call from nnr friends i
annreciated. and will ri . n .
which we will endeavor to substantially manifest.
PHARR & LONG.
ept.a3,i887. - Charlotte.
Glorious & World-Eminent
Two Magnificent, Complete Exhibition!
' Charlotte, Tuesday, Not. 15th,
Most positively the only Tented Show
will visit Charlotte this season 1
S. H. Barrett's
MONSTER SHO"W 8!
A Two Million Dollar
Consolidation of Wild Beast Caravans, Haw
Prodigies, Circus Champions, Processiotu) j?
nmphs, Broadsword Combatants, "WildJr
Features, Stage Sensations and HippodiW
7 .v M'
STUPENDOUSLY REINFORCED WITH
Europe's Startling Phenomenon,
The Dog-Faced Russian Boy.
200 Illastrions Circus Champion
UN PA R ALLELED STAGE Al AZI
40 English and Kentucky. Thoroughbreds it;
soui-stirrmg contests I
Broadsword Combats on Horse
50 Cases of Earth's Rarest Zoology
Grandest Herd of Elephants on American ol
of Brute Creation; "Doc" and "Ben Butler," pre-!
cocious isaepnanuoe uiowns, ana tne only Bib;
iiepnant on tne uontinent I
The most Dazzling and Faultless Exhibitio:'
ever conceived oy tne uemus of Juan I
tW See the Sumptuous and Sun-Bright 8tra
rarade at 10 A. Al.
Usual Prices of Admission.
No extra charge to f ee Jo-Jo. Reserved Cusl
toned Opera Chairs at the usual slight advanct
Two Performances Daily Doors ODen at 1
anu i tr. bl. renormances begin an Hour later.
Also, exhibits at Greensboro Nor. B.
s ton 10, Durham 11, Raleigu 12, Salisbury it
Greenville, S. C-, 16, Spartanburg 17, Union K
Nov. 4, 1887. 2w . ,
Closing Out Sale.
ELI AS IT COHEN
Tn.nn.i 1 .1 : . V..P
ness on the 1st ot January next, and will offer
To purchasers, either at Wholesale or Rett
as the Stock must be Eold and Store vacated m
re vacated ,
i of this Fairf
will find m
A 1 At
Our Stock ia full in many lines
purchases, and Wholesale Buvtrs
of Goods that they can buy 20 per cent less
in tne xsormern markets.
There is no humbug in this sale, and all
maining on hand, with the Store fixtures, will
closed out at auction at the time specified.
Buyers will do well to examine our Goodi
prices. . ' .
All persons indebted to os must makt i
mediate payment. Longer indulgence cannot
We are selling Agents for Clifton. Foxhdl
Glendale Sheetings, Shirtings and Drills. Orra
ior riaios nned at lowest market prices.
ELIAS & COHSL
Sept. 23, 1887.
CLOAKS AND JERSEYS.
Large purchases of Cloaks and Jerseys eni
us to offer to my friends and patrons except!
ally, good Bargains, for instance I am m
. Ladies' Newmarkets at $3 33, worth 5.
Ladies' Newmarkets at $3.78, worth $550.
Ladies' Newmarkets at $5, worth $6.50.
Ladies' Circulars at $4 48, worth f&
Many Other Sty les at
Very Low Priees.
- - - - r
In Jerseys, I offer a well made, good T
Rlalr J.Kan at AQ
match them for less than 85 cents.
The greatest offers yet made. You are b4
to be pleased when buying in this Depai
for the styles are just superb, and price
derfully low. ,
Regulator of Lo
Oct 14, 1887. .
NEW BOOKS. j
Just received, a large line of New Book
" John-A-Dreams." a Tale, 25 cents.
"A Wicked Girl," by Mary Cecil Hay, 25
"UasKei tsyron s jrroies&ion, oy
onaw, zo cents.
"A Modern Telemachus," by Charlotte J
"The Guilty River," by Wilkie Collins,
"Yeast," by Chas. Kingsley, 25 cento.
"Mpo-nnn'a Secret and Wanted a Wife, DJ I
StraDge Winter, 25 cents. grf
"A Strange Inheritance," by F. M- '
"Cranford," by Mrs Gaskill, 25 cents.
"Golden Bells," by A. E.Francillon,25
"Lucy Crofton,' by Mrs Oliphant, 25 ce
"Lil Lorinne," by Theo. Gift, 60 cent. s
"Butta," by Geo. Tempie, ao cenw
17 DOUIB AJ