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CHARLOTTE. N. C.
N. C. State Treasury.
It is estimated that the State Treasury
will begin the new fiscal year with some
thing like $95,000 in. the treasury. The
State Treasurer's estimate of resources
for the year 188S was based upon a total
tax valuation of property ot $202,000,000
at 23 cents on the $100. This, with the
various special taxes, would, accordiug to
the estimate made, make the total re
sources for the year $792,997.06. It was
supposed at the time the estimate was
made that the Legislature would reduce
the State tax from 25 cents to 23 cents on
the $100; but the tax was reduced to 20
cents, and on the basis of $202,000,000
worth of property the resources would
fall short of the estimate. It appears,
however, that the tax valuation of pro
perty in the State will be $209,000,000,
upon which a tax of 20 cents on the $100
will be collected. From this source will
be derived a revenue of $422,000 which
will be increased by the various special
taxes to $773,627.06, thus making the
actual resources $19,370 less than the
estimated resources. The estimated ex
penses for all purposes, including all ap
propriations for 1888 are $697,650. This
includes everythiog for which the State
will be liable duriog the year. Then it
appears that there will be a balance in
the treasury of $75,977.06 at the close of
the fiscal year of 1888. Add to this the
amount in the treasury at the commence
ment of the fiscal year Dec. 1st, 1887,
which amount is $95,000 and there will be
a total balance at the close of the year
1888 of $170,977.06. Now if the drum
license tax, amounting to $80,000, about
which there is so much talk and which
unscrupulous and ignorant persons are
making an excuse for crying down the
prioe of State bonds, be lost to the State,
there will be still a balance in the treasury
of $90,977.06 at the close of the year 1888
after every liability has been met, which
iocludes the interest on all four and six
per cent bonds outstanding. Besides
this, the State has recently bought in
nearly $300,000 of her bonds. If she
should feel a pinch she could let them go
easily at par. There are not many com
monwealths in a better condition than is
the ."Old North State." Raleigh Observer.
N. C. Insane Asylum.
The Board of Directors of the N. C.
Insane Asylum met in annual session in
Raleigh on the 7th inst. There were
present Dr. E. Burke Haywood, Presi
dent of the Board; Dr. T. D. Haigh, Dr.
W. It. Capehart, Dr. Jno. McCormick,
Messrs Geo. U. Snow, J. B. Burwell - and
11. H. Smith.
The Superintendent, Dr. Eugene Gris
som, presented and read his annual re
port, in wbioh he paid a glowing tribute
to the late Miss Dix, who did so much to
establish the N. C. Insane Asylum, and
for whom the beautiful hill on which it
stands is named.
The Executive Committee reported
that the vouchers for expenditures had
been examined and compared with the
books and that they were correct in every
The Directors made an examination of
the improvements reoently made on the
buildings and grounds and expressed
their admiration and pleasure at their
thoroughness and substantial strength.
The Superintendent's report shows a
death rate of only 2 per cent. This
speaks volumes for the marked improve
ment in the sanitary condition of the
The institution is now carrying 292 in
mates, which is the largest number ever
carried at one time in the history of the
institution. Raleigh Observer.
The Forest Hill Case.
Our readers will remember the contest
in the Legislature over the bill to incor
porate the town of Forest Hill in the
county of Cabarrus during the session of
the last Legislature. Col. Paul B. Means
opposed the bill, and there was a delega
tion here nrging the passage of the bill.
Finally the bill passed and in it was a
provision forbidding the sale of liquor in
the town. When the laws were printed
it was found that this contained no enact
ing clause, and thereupon several parties
undertook to sell liquor io the town be
cause they were advised that the law was
unconstitutional because of this detect.
A man by the name of Patterson was
indicted in two cases and a man by the
name of Kennedy was indicted in one
case. The Supreme Court, through Jus
tice ilerrimon, filed a long and elaborate
opinion in these cases on Monday last, and
deolared the law unconstitutional. It
was contended by the friends of the law
that the Constitution which provides how
the enacting clause should read, to-wit:
'The General Assembly of North Caro
lina do enact," was mere directory and
did not vitiate and render -the law void.
Authority to this extent was cited from a
number of States, but the Court did not
give such a loose construction to our or
The promoters of the bill have had the
best of the fight up to this date, ' but now
Col. Means comes to the front and is mas
ter of the situation. The contest will no
doubt be renewed in the next Legislature.
Tracing the Circulation.
Starting with the idea that the hand
varies sensibly in size with the amount of
blood present in it at any moment, Pro
fessor Mosso, the Italian physiologist, has
made some most interesting investigations.
In his first experiments the hand was
placed in a closed vessel of water, when
the change in the circulation produced by
the alighest action of body or brain, the
smallest thought or movement, was shown
by a rise or fall in the liquid in the nar
row neck of the vessel. With a large
balance, on which the horizontal human
body may be poised, he has found that
one's thoughts may be literally weighed,
and that even dreams, or the effect of
a slight sound during slumber, turn
the blood to the brain sufficient to
sink the balance at the head. When the
brain of the balanced person is relaxing
from thought the flow is toward the feet,
with a corresponding oscillation. The
investigator has continued Jiis studies of
the circulation until it Beems that he may
almost read one's thoughts and sensations.
A tracing from a single pulse-beat shows
him whether a person is fasting or not,
two beats serves to determine whether
the subject is a thinking or a heedless one,
whether asleep or awake, cold or warm,
agitated or calm. The changing pulse
veil told him when a professional friend
was reading Italian and when Greek, the
greater effort for the latter duly affecting
f3?"" At Edentoo St. Methodist Chnrcb
last Sabbath, Rev. W. C. Norman opened
the doors of the church and received thir
ty of oar best citizens into the chnrcb.
Among the number we learn were Dr.
Eugene Grissom, Cspt. J. M. Fleming,
Judge C. D. Upchurcb, Mr Ed Barbee,
Mr Len Royater, Mr Edgar Northam and
twenty-four others. Raleigh Advocate.
Mabbied FBOit a Photograph. A. B.
Saunders, superintendent of the Monbo
Plaid Mills, suddenly and emphatically
gave bis sanction to the revelation, -"It is
not good for a man to be alone." He had
for a few months been corresponding with
Miss Maggie Wilson of Bluff City, Tenn.
He had seen her picture but not her face
in the flesh. He went to see her last week,
determined to bring her back if pleased
with her. He was pleased and pleaded
his case successfully with the lady and her
parents. He arrived safely home with
his bride Monday, Dec. 5tb, under auspi
cious skies, and found his mother and
friends ready with a sumptuous dinner.
J2f The Winston Sentinel say that
now is the time for Winston-Salem, States
ville, Charlotte and other towns to uoite
in securing railroad competitions; that
the directors of the Roanoke & Southern
Railroad will meet at Danville, Va., on
the 20th inst.
t" Engioeer Moore lately ran his en
gine 111 miles on the Western road, mak
ing 17 stops, in two hours and thirty min
utes. This is. fast time, and could not be
accomplished unless the road was in first
class order. Salisbury Watchman.
But such running ought not to be allowed J
85P",Elias Carr, president, issues to-day
a call for the annual meeting of the Farm
ers' Association at Greensboro' on the
second Wednesday in January.
23? It is said steps have been taken to
connect Raleigh and all the prominent
cities and towns, from Charlotte to Wil
mington, by telephone.
Home Again. Hampton Covington,
col., after a residence of a few years in
the negro's paradise, Liberia, returned to
his old home in this vicinity last week.
His wife died and was buried in Liberia,
and he came near succombing to the terri
ble Afrioan fever. Of course he hs come
to stay, being thoroughly cured of seek
ing a fortune in strange lands. Wades
Storekeepers and Gaugebs Commis
sioned. The following persons were com
missioned as United States Store keepers
and Gangers for the 5th District during
the month of November:
Alfred M Proffitt, Reedy Branch, N C;
Dugald L Arey, Salisbury; Calvin G
Holmes, Marsh; VV T Reinbardt, Dallas;
A W Jones, Panther Creek; Thos Holmes,
Farmington; James A Morris, Dallas; F P
Cason, Smith Grove; Geo F Tucker, Ad
vance; Frank P Ratts, Fork Church;
Lindsay A Smith, Lexington; S A Dula,
Mocksville; J F Henley, River Hill; Lean
der E Whittington, Reddies River; W M
Williams, New Hope; Wm L Adderholdt,
Carpenters; Samuel H Smith, Farmington;
Jno D Casey, Calahan; Jno B Crawford,
Trap Hill; W G Houser, Lewisville; R L
Hovis, Vox; Henry V Hicks, Wilkesboro;
J F Gilbert, Grade; Geo W Adams, Jr.,
Mulberry; James F Anderson, Hunting
Creek; W P Ledbetter, Montford; W P
Smithdeal, Advance; Jno A Laughridge,
Dysertsville; John H Johnston, East
Bend; P R Lazenby, Harmony. Salis
ESif We had hoped that Judge Clark
would remain on the bench, for we think
that he is the right man in the right place.
He honors that honorable office. But if
Judge Clark should leave the bench, we
think that North Carolina could never do
a wiser thing than to place him in the Gu
bernatorial chair. Under his wise and
live administration as Governor, North
Carolina would enjoy four years of unin
terrupted and enlightened prosperity.
UST Dr. Philip S. Jeter died at Yan
ceyville, N. C, on Monday very unex
pectedly to bis friends, the immediate dis
turbances resulting in his death lasting
only two hours. He was about thirty
two years old. Dr. Jeter was the adopted
son of the late Rev. Dr. J. B. Jeter and
the nephew ol the latter's wife, just
SEP Lieut. Francis Winslow, Col, A M
Waddell, Col. Walter Steele, John Robio
son, Esq., Col. Warton J Green, Hon. Z B
Vance, Hon. Matt. W Ranson, and
Charles K Thocuas, Esq, have been in
vited and are expected to deliver addresses
at the Oyster, Fish and Game Fair, to
be bald at Beaufort, N. C, Dec. 14, 15
An Old Document.
The Raleigh correspondent of the
Petersburg Index-Appeal says :
"Your correspondent was to-day shown
a cop; of a survey made of the line be
tween the States of Tennessee and Notth
Carolina. It was made in 1799, by Rob
ert Henry and John Strother, the com
missioners. It appears in a record of a
case in the Supreme Court. The State
records do not contain this survey, which
was from the Virginia line to Paint Rock.
All the field notes and memoranda were
filed with the survey. It is all very in
teresting, and no doubt Col. Saunders
will secure it for the State records. The
original is in the possession of Hon. John
Evans Brown, M. P. for Christ Church,
New Zealand, and was discovered a year
ago. The copy has just been made by
Is there not some mistake about Robt.
Henry having run this line in 1799? Can
Mr Robert Justice answer? Asheville
The query suggested in yesterday morn
ing's issue related to the name of Robert
Henry as associated with the survey in
1799 of the bonndary line between North
Carolina and Tennessee. Col. A. T. Da
vidson gives us information which an
swers the question. The Robert Henry
referred to was the father of Gen. Robt.
M. Henry. He was born in Lincoln coun
ty in 1768, and died in the Tusquittee
Valley in the present Clay county in 1864.
He was a lawyer of prominence, an excel
lent surveyor, fond of field work and
exploration; and these characteristics
brought him in association with John
Strother, agent of David Allison, with
whom th'e surveys of the large Allison
grants were made, and also that of the
State line referred to.
Col. Davidson tells us that Robert
Henry, at the age ot 16, had a very olear
remembrance of the Mecklenburg Declara
tion of Independence; at least of the time
and attendant circumstances, with boyih
ardor joining in the hurrahs that rung oat
at the promulgation of the declaration of
liberty. Asheville Citizen.
Views of Some Congressmen on the Mes
sage and the Tariff.
Washington Correspondent of Wil. Messenger.
Washington, Deo. 9. Col. Cowles,
to the views of the message sent yester
day, adds this point: "I im in favor of
such a message as shall give some advan
tage to oar Southern manufactures. Why
let in raw material for the purpose of
aiding the manufactures of the North?
We are not in need of such freeing of raw
material, for it is right at our own door
already. Io other words, if nature baa
given as in our cotton and other pro
ducts commodities for our factories with
out cost of transportation, why should we
be willing to neutralize a part of this
kiudness of nature by giving the Northern
manufactories the benefit of free raw ma
terials, and to some extent interfere with
our own products?" Col. Cowles, there
fore, disagreed with the portion of the
message concerning the free list and raw
material for manufactures.
Senator Colquitt, of Georgia, said to
day that he thought a tariff reduction
bill would pass both houses at this sessipn
as the Congress could not afford to resist
the popular demand and permit the
money in the Treasury to accumulate. He
favors repeal of tobacco tax and modifica
tion of the machinery of internal revenue
Senator' Brown differs from President
Cleveland in the matter oi internal taxa
tion, and hopes to see a bill passed which
shall reduce the surplus.
Mr. Brower thinks the message, "a first
class free trade pamphlet, which will
help the Republicans carry North Carolina
next year." Mr. Brower, as a Repub
lican, wants to see it that way.
The Settle matter has been settled;
that is to-day the charges against Marshal
Settle have been investigated by the
Department of Justioe and the case dis
missed in his favor.
The decision of the Soprenie court of N.
C, in the State vs. Divine, declared sec
tions 2327, 2328, 2329 and 2330, of the
Code, which refer to the killing of stock
by railroads in the oounties of Columbus,
New Hanover, Brunswick, Bladen, Robe
son, Richmond, Anson, Union, Gaston,
Lincoln, Cleveland and Burke, to be un
constitutional. By that law the president,
receiver and superintendent of any rail
road, as well as the engineer and conduct
or in charge of the train were all indict
able; and when the State has proven that
the stock was killed by the railroad com
pany, it was prima facie evidence that the
killing was due to negligence.
Many of our best lawyers have never
believed any of the statutes which make
certain proved facts presumptive evidence
in a criminal case to be constitutional,
and we are glad this view has been de
clared to be correct by the court.
In the case alluded to, Major John F.
Divine was not on the train that killed
the stock, and had no connection with the
transaction, and yet he was indicted and
convicted. Such a law was. simply legal
tyrany and uprooted all tbe common law
as to the presumption of the innocence of
defendant until proved guilty beyond a
reasonable doubt. The Legislature of
1880, which passed tbe statue, ought to
have a monument erected to perpetuate
its ignorance. Raleigh Signal.
Rev. Dr. M. T. Yates' Old Church.
From the Durham Recorder.
Mt. Pisgah, is the oldest Baptist Church
in the New Hope valley Chatham county,
and should be dear to every Baptist in
North Carolina. It used to stand about
half mile from where it does now, on the
spot where Mr John W. Beavers now re
sides. It was then known as Yates' Meet
ing House, and the Yatea family is one
of the oldest as well as the largest in this
Next April will make fifty-four years
since Dr. Matthew T. Yates joined the
church here. There had been a camp
meeting at the church, and there he was
converted. His father's memory is still
revered as one of the most pious and
godly men ever in this section. He lived
and died about two miles from the churoh
in Wake. He had great influence from
his pious life and godly example, and was
always called "Uncle Billy Yates."
Green Level in Wake, in the olden
time, had uo very good reputation for
morality; it was but a few miles from
Mt. Pisgab, and there are plenty of peo
ple still living who remember the little
grog shop, and the constant carousals,
gambling, horse race, match-shooting,
&c, as it was tbe rendezvous fur every
thiog bad for that corner of Wake, and
had a most unenviable notoriety. It is
said that any minister might pass the
place, and there was no cessation what
ever of the wild orgies but whenever it
was announced that "Unole Billy Yates"
was coming along, the shooting stopped,
and everybody raised their hats most
respectfully to the pious Deacon ot Mt.
Pisgah Church. There are but two mem
bers of the church now living who be
longed to the church that Dr. M. T.
Yates jiined Capt. Wm. A. Barbee, and
Mrs Jno. Scott of Wake, the mother of
the Chairman of tbe Chatham county
Commissioners, Mr C. R. Scott, and of
one of Durham county Commissioners,
Sidney Scott, Esq. .
Prices of Farm Products.
Washington, Dec. 10. The Decem
ber statement report of the Department
of Agriculture relates mainly to farm
prices of agricultural products. The
average value of corn is 43.6 cts. per
bushel, against 36.6 last year and 32.6, in
1885. In 1881 it was 63.8. The esti
mated product was 1,194,916,000 bushels;
difference is largely due to general de
pression of values. Prioes respectively in
1881 and 1887 are 61 and 48 in Ohio, 90
and 45 in Indiana, 57 and 41 in Illinois, 44
aud 34 in Iowa, 65 and 37 in Missouri, 58
37 in Kansas, and 39 and 30 in Nebraska.
Prices in tbe Gulf States average lower
than last year resulting from nearly a full
supply. In tbe Atlantic States the prices
of home grown corn are only slightly ad
vanced. The average value of wheat is 69 oents,
only three mills higher than the average
last year. It is 82 in New York, 81 in
Pennsylvania, 74 in Michigan, 73 in Ohio,
72 in Indiana, 70 in Illinois, 64 in Wiscon
sin, 62 in Missouri, 61 in Iowa, and Kan
sas, 59 in Minnesota, 53 in Nebraska, and
52 in Dakota.
The average for oata is 30.7 oents
against 29.8 instead of. 53 last year.
Buckwheat 56 1 or 1 7 oents higher than
ffST George Columbuji Barnhardt of
Wadesboro, was the successful competitor
before the committee appointed by Hon.
Alfred Rowland to examine oandidatea
for tbe appointment to West Point from
the 6th Congressional District, which met
at Rockingham on the 7th inst.
mocxnlf $ivlott 4
. The Corn Crop.
According to the government crop re
port for November, tbe corn crop of the
whole country will average a little less
than twenty bushels an acre for 75,000,000
acres. The whole crop amounts to 1,453,
000,000 bushels. This is 186,000,000 bush
els below the yield of last year. Estima
ting this loss at forty cents a bushel, it is
a loss of $74,400,000.
Tbe government report saya that tbe
country has raised but one good corn crop
since 1880, and that was the one of ' 1885,
which amounted to 1,936,000,000 bushels.
The crop of the present year, according to
tbe figures of the department, is tbe small
est of tbia decade, except that of 1881.
During the past eight years the yield has
been as follows:
The corn crop is the most important of
all our crops. It is valuable than the
wheat crop, or the cotton orop, or the hay
crop. All tbe corn we raise is consumed
at home, and there are some thousands of
bushels imported from Canada.
Tbe St. Louis Republican, which has
analyzed the figures, says that in some
parts of the south the corn crop is the best
raised for years, and this is very fortunate,
indeed, for the south has heretofore been
buying her corn from tbe west. Let os
hop that this section will improve the
reoord in this respeoL 'Exchange.
(The corn crop in North Carolina this year is
abundant, and better than in many years past
Farming In Japan.
Carter Harrison, the distinguished ex
Mayor of Chicago, is traveling in the east
and writing letters to one of bis home pa
pers. He has been studying Japanese
farming, and tells what he knows about
it. He says everything tbre is oarried
on on a very small scale, and with suob
wonderful niceties, that it is difficult to
realize that farming is the business of a
life and a very earnest and hard one at
that. There are no barns or outhouses in
which to store crops. There are no farm
houses. Tbe people live in villages or in
towns. Some of tbe farms are not even
one acre in size, and very few contain
more tban ten acres.
Tbe notable feature of these Japanese
farms is tbe irrigating ditoh. A farm of
two or three acres usually has half a dozen
levels, and the water that irrigates one
field runs down to irrigate another. Tbe
farms have tbe appearance of American
market gardens. Tbe soil is dry and
thoroughly prepared. The plow is used
only for throwing up the beds, and all tbe
digging is done with epadelike hoes and
fork; No weeds whatever are allowed to
grow in the little fields, and every foot of
ground is utilized.
The Japanese farmer takes every ad
vantage of the seasons, and praotices true
economy. One crop succeeds another
with unvarying regularity, and tbe bene
fits of rotation are thoroughly understood
and realized. While one crop is ripen
ing another one is planted between tbe
rows, and this practice is carried on even
in the tea plantations. ' When the tea
plants are small, turnips snd other crops
are planted between the rows as soon as
the July plucking is oompleted.
The management of the Japanese farm
ers is so thoroughly scientific that lands
wbioh have been in cultivation for cen
turirs continue to produoe marvelously
large crops. It is said that Buddhism
has disoouraged the growth of animals
within the limits of the empire, and, as a
result, there are not two millions ef horned
cattle in the country, though the grasses
on the hills would feed millions. The
acorns and nuts in the forests would feed
millions of hogs, but there are no bogs
in Japan. "There are. no starvelings io
Japan," Mr Harrison . declares. "The
ohildren are as fat and jolly as little
curly-tailed pigs; tbe young lads and
girls give no evidenoe of not having
enough to eat. They are all rounded in
form and lithe in action, and tbe men and
boys are capable of enduring aotive labor
and fatigue as few others can do. They
are possibly not as musoular as our meat
eating mn, but not a day passes that I
do not see some man whose musoular de
velopment is a source of admiration, , and
others whose powers of endurance are
Carious Marriage Doings at the North.
It appears that tbey have bridegrooms'
best men as well as dress suits lor hire in
New York, nowadays. It has all come
out recently and Gotham has been great
ly amused in consequence. Col. Nicholas
Smith will be remembered as tbe prize
male beauty of tbe metropolis and the son-in-law
ol Horace . Greeley as well. He
sen io a bill to a Kentucky gentleman for
services rendered "as best man at his wed
ding. The amount thereof was 1 180.
The Kentuokian thought the charge mon
strous, whereupon Col. Smith reiterated
his demand and insisted that io view ot
tbe pulchritude he had lent the occasion
of the nuptials the amount was most rea
sonable not a cent, indeed beyond, what
was usual. The bridegroom then sent tbe
Colonel $100 with tbe statement that he
thought this ample payment, but the Col
onel responded with a sharp letter de
manding the balance which he claimed as
his due, and the whole correspondence is
made public With it, appears the story
of the wooing, whiob throws a queer light
on tbe customs of oertain classea of modern
society. The groom is a man of sixty-five,
the bride but nineteen. The latter was
in Europe, and the question was popped
by wire. It was answered by wire in the
affirmative, and tbe arrangements for the
wedding were made forthwith. These in
cluded, of course, tbe closing of the con
tract for tbe Colonel's handsome presence,
and just before the time came for the cou
ple to be made one tbe best man asked the
groom to endorse his four months' note
for an amount whioh the groom says was
$3,000, but which the Colonel insists was
but $1,000. This request was refused and
thereupon the Color.el sent in his bill for
$180. Ic i a curious story from begin
ning to end, and goes to show that some
thing new does turn up occasionally, not
withstanding the Words of tbe wise man
to the contrary.
CSf" Senator Vance., Senator Gorman
of Maryland, Gov. Hill of New York, and
other prominent gentleman will be dined
by the Harlem (N. Y.) Democratic club,
on tbe 29ih inst
The estimates for Government ex
penditures for the year to the end of 30th
June, 1889, are $326,530,792. This is an
inorease of f 16,899,406 over tbe present
Digest of N. 0. Supreme Court Decisions.
I aU Term, 1887.
v v Reported for the Ralefgh Observer.
State vs. King.-r-Held, That turpentine,
when in boxes ready to be dipped, ie per
sonal property and tbe eubjeot of larceny;
that under Sea 1762 of the Code and
Chap. 40 the property in turpentine in
leased boxes is deemed to be vested in
the possession of tbe lesser, as other crops
under the landlord and tenant act. Held,
If the crop be io tbe actual possession of a
tenant, his taking the eame will not con
stitute larceny, bat if after the crop had
been pot in tbe actual possession of the
landlord, though : undivided, tbe tenant
takes the same, he may be guilty of larce
ny, the legal ownership being in the lessor.
State vs. Patterson. Defendant was
oharged with selling spiritous liquors' in
territory in which tbe sale was forbidden
by private acts, section 8, chapter 113,
acts 1887, and it appeared that the said
supposed acts had been no enacting clause.
Held, That the constitution of the State
having prescribed an enaoting clause, an
expression of tbe will ot the legislature
without tbe enaoting clause hae no sanc
tion of an act.
The constitutional requirements must
be observed, or tbe legislative action is
Without the enaoting clause required
by tbe Constitution there can be no valid
act of assembly. And so likewise without
the ratification prescribed by tbe Constitu
tion there oan be no valid act of assembly.
Legislation so defective is without legal
force; the act in question being deficient
in the enacting clause is no law. It is not
the nature of Constitutions to provide
non-essentials, useless and unimportant
details, suoh as may be disregarded and
dispeosed with. What the Constitution
prescribes must be observed.
State vs. Patterson & Kennedy. The
defendant had on his farm also a mill and
from bis tolls and bis grain raised on bis
farm be distilled spirits and sold the same
in quantities of one quart and less tban
five gallons on the premises without a li
cense. Held, Thatthe words of tbe stat
ute allowing a person to sell under certain
limitations spirits, the product of his own
farm, must be construed to embrace only
tbe spirits produced exclusively from the
grain so grown by him on his farm, and
not to embrace spirits derived from tolls
taken at a mill, whioh are no part of the
products of tbe farm.
Rainey vs. Rainey. Held, That a wit
ness may be allowed to testify as to band
writing without having seen the person
write, if by correspondence or otherwise
he has become familiar with the same.
A remark made by a person present at
the lime of the reading of a deed now lost
and when existence is in dispute, in the
nature of a summary restatement of the
contents of the deed, may be repeated by
the witness on the trial.
The possession of a deed is a fact from
which tbe jury may infer a delivery, but
the law does not presume a delivery from
it. It is for the grantee to show a deliv
ery, and a charge that so directs the jury
is not erroneous.
State vs. Patterson. Held; that under
section 11, chapter 135, acts 1887, a per
son has a right to sell spirituous liquors
the product of his own larm in quantities
not less than one quart, without a license,
except that be may sell no liquor in the
territory in which tbe sale of liquor is
Held; that where the legislature has
made an offense punishable before a jus
tioe of tbe peaoe by a fiue not less tban tn
nor more than fifty dollars or imprison
ment not exceeding thirty days, the Supe
rior oonrt has no jurisdiction.
Roberts v. Calvert. Held, The pro
vision in the election law empowering the
board of oounly canvassers to open and
canvass and judicially determine, the re
turns aud make abstracts cannot be con
strued as creating a jurisdiction to deter
mine finally and conclusively the result of
the eUotion; nor does it contemplate that
the decision of the board shall be reviewed
and affirmed or corrected upon appeal or
by writ of certiorari to tbe Superior Court
or tbe Supreme Court. Held, The re
turns from a voting precinct, being regu
lar, are prima facie evidence of the eleo
tion held there, and put the burden of
proof on him.wbo alleges thq contrary to
prove it clearly.
To render an election void on tbe ground
of violence and iniirnidation, it must be
shown thav there was violeice or a dis
play of arm or impleme'nts of force or in
timidation deterring -lectors of reasonable
firmness from voting or driving them
through fear aud intimidation to vote
otherwise tban they intended or desired
to do, and this ought clearly to appear.
Where the election is held in a neigh
boring store to that designated as the pre
cinct, so near to it as that all the electors
who desired to vote had fair opportunity
to do so, the election will not be void.
Where persons not sworn, other lhau
judges ol election counted the ballotn or
assisted in the oounting, if the ballots
w?re truly counted, tbe election would not
thereby be rendered void.
After tbe board of canvassers have de
clared the result of an election for Regis
ter of Deeds, the board of commissioners
can recognize only the person declared
elected, and whether such person appears
in older to be inducted, or fails to appear,
tbe board of commissioners cannot con
sider and pass on tbe right of another per
son who claims to have been elected.
The commissioners could nfford no rem
edy to one whose right bad been rejected
by the board of canvassers, and that the
commissioners declared tbe office vacant
and elected a third person to the office
could not in any . way affect bis right,
which was paramount.
Eigenbrun vs. Smith and Cohen. Rob
inson fc Holt executed a deed in trust of
their stock of goods to Watkios, who sub
sequently joined Robinson 3s Holt iu a
bill of sale to plaintiff.
Cohen bad a judgment against Robinson
& Holt, and Sheriff Smith levied on the
goods and took the same into possession
alleging tbe deed and bill of sale to be
void as against creditors, and tbe jury so
Held, Tbat if a purchaser gives even a
full price for the goods yet if he does . so
with the view and purpose to defeat a
creditor's execution, the transaction is
fraudulent. The queatiou of fraud de
pends on the motive and the purchase
must be bona fide as well as upon good
consideration. Knowledge of the fact
the sheriff was seeking to subject tbe prop
erty would not invalidate the purchase
but if one purchases with a view to defeat
tbe remedy of creditors, the sale may be
Held, That where the plaintiff after a
Ofoss'examinatlod of oertain of his wit
nesses reals bii case, , and the defendants
introduce no evidence, and the plaintiff
does not ask leave to introduce further
testimony, bnt goes to the jury, although
he had other important witnesses, there is
no ground for a new trial.
Held, To render a deed of assignment
invalid, it is not necessary tbat the trustee
should know that tbe intent with wbioh
it was made was fraudulent. The bona
fides of the trustee is not an element in
the question ol traua.
State vs. Goings. Defendant was in
dicted for stealing a horse, and in another
count in the same bill for receiving the
horse, knowing it to be stolen,' and a gen
eral verdict of guilty being rendered, the
court sentenced him to - seven year im
prisonment. Held, That as the two offences are not
ot tbe ime grade, nor the punishment the
same in each io the contemplation of tbe
statute, the verdict being general, the
court could not determine for which of
fence tbe punishment ought to be imposed
and would not mete it out as contemplated
by the law. The record does not show
for whioh offence the punishment should
have been imposed. The record ought to
show for which particular offence the pun
ishment is imposed. On a general ver
dict on an indictment charging two crimes
not of the same grade, and for which dif
ferent punishments are provided, no judg
ment oan be pronounced.
State vs. Moody. To support an In
dictment under tbe act of 1879, the proof
must be that the defendant had alleged
incontinenoy 'dual uncbastity not a
Rose vs. Hardy.-Held, That the act
relating to the towo of Fayetteville, chap
ter 58, private laws 1831, is valid and con
fers authority on the sheriff of Cumber
land county to impounds hog's running at
large in Fayetteville, whether belonging
to residents or non-residents, and the law
ful charges paid to secure their release
from the pound cannot be recovered in an
action against tbe sheriff.
Opinions were filed in the following
cases on Monday last :
State vs Gierscb; erroi; revised.
Mnnds vs Cassidy, plaintiff's appeal;
Powell vsMoring; error.
llcCracken vs Adler; confirmed.
Mnnds vs Cassidy, defendant's appeal;
State vs Lnwson; error; new trial.
McCanless vs Flinohum error.
Houston vs Sledge; revised.
Chick vs Western North Carolina
: State vs Crowell; error.
McGruder vs Shelton; no error.
Carroll vs Hodge; no error.
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. fc O. Division.
Arrives 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 am.
Leaves Raleigh at 7:00 p m, arrives at Hamlet
WESTERN N. C. RAILROAD SCHEDULE
Passenuer train leaves Salisbury 11 30 A. M., ar
rives at Asheville at 5 43 P. M , and at Paint
Rock at 8.30 p. m.
Leaves Paint Rock at .0.55 a. ra., and Asheville
at 1 10 p. m, and arrives at Salisbury at 7 20
CAPE FEAR A YADKIN VALLEY ROAD
Leaves Greensboro 9:50 a. m.
LetresFayettesville 8.30 p.m; arrive at Bennetts
ville, S. O., 6:45, p. m.
Leaves Bennettsville, S. C, 10:10 a. m ; Leaves
Fayetteville 2:00 p. m., arrive at Greens
boro 7:25 p. m.
We .have a' large number of Notes and Ac
counts which if unpaid by December 1st. 1887,
will be placed in the hands of an officer for col
lection. When we sell goods to be paid in the
Fall, we mean Fall and not Spring; besides a
large number of the above have been carried over
from previous years. If you neglect to be gov
erned by! this notice, do not blame na when costs
are added, as we mean exactly what we say, and
intend to have the money due os
BROWN, WEDDINGTON & CO.
Nov. 11, 1887. lm
FALL AND WINTER CLOTHING.
(Successors to E. D. Latta & Rro.,)
Hiving 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
loyal support at the hands of the community
which so steadfastly attended the retiring con
cern, and has utade them prominent throughout
the two Carolines.
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
having no accounts and naught against anyone'
bearing -good will toward all men," and a verv
special liking for ladies, who have the responsi
ble charge of providing well for the comfort of
the "rising generation," we shall hope by cour
teous dealing, the selling of reliable Goods only,
and the One Price system, to succeed.
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 much under value.
to the trade ffCT indncCmenU heretofore unknown
The first call from our friends wiH be saucb
which we will endeavor to substantially manifest.
Sent 23 1887 PHiLRR &
sept. 23. 1887. , Charlotte.
Nov 11 1887 W K WIL2N CO..
Hov. 11,1887 Charlotte, N.O
Comparative Cotton Statement.
The following is the comparative
statement for tbe week ending Die.
Net receipts at all U. S. ports, 248,262
Total receipts to date, 3,383,697
Exports for the week, 152,841
Total exports to date, - 2,026,274
Stock at all U. S. ports, 951.001
Stock at all interior towns, 262,135
Stock in Liverpool,
Stock of American afloat for
. , Great Britain, . - ,
Total Receipts at all American pi
4 gince Sept. 1st, 1887. 4I
The following are the total net
ofootton at all United States set
u . toot. r . i r4
ion A fr X7n n.l.n. OOJ ton 7-
bile 126,631, Savannah 626,106, ClV
ton 299,018, Wilmington 134,530, NJ
301,434, Baltimore 7,469, New
8.787. Boston 34.373. Newport Newi u
814, Philadelphia 9,633, .Weet Point
Pensacola 11,292. Total 3,383,697.
Total Visible Supply . of Cotton.
Nkw York. Dec 10. The total tiiik
supply of ootton for tbe world is 28,$3tJ
360 bales, of whiob 2,473,260 are Ametv!
oan; against 27,975,551 and 2,397,151 n
spectively last year; receipts from all
terior towns, 159,451; receipts from plin
tions, 2.63,140. Crop in sight 4,405883.
Closing Out Sale.
ELI AS & COHEN
Intend making a change in their present but'
ness on the 1st or January next, and will offer
To purchasers, either at Wholesale or Bean
as the otocK must be soia ana store vacated M
that time. i
Our Stock is full in many lines of this YiW
purchases, and Wholesale Buyers will find lo
ox uooas tnat tney can Day zv per cent less
In the Northern markets.
There is no humbug in this sale, and all
mauling on hand, with the Store fixtures, wiD)
closed out at auction at the time specified. I
Hnvira will An tn PTimtnn rm v flrwua .
All persons indebted to us must make
mediate payment. Longer indulgence cannot if
- We are selling Agents for Clifton, Foxhall (
Glendale Sheetings, shirtings and Drills. Orda
for Plaids filled at lowest market prices.
ELIAS & COHEX
Sept. 23, 1887.
CLOAKS AND JERSEYS,
Lance purchases of Cloaks and Jerseys enibi
his to offer to my friends and patrons exceptk
ally good Bargains, for instance I am bot
Ladies' Newmarkets at $3 88, worth $3.
Ladies' Newmarkets at $3.78, worth $550.
Ladies' Newmarkets at $5, worth $6.50.
Ladies' Circulars at $4 48, worth $6.
Many Other Styles at
Very Low Prices.
In Jerseys, I offer a well made, good d
Black Jersey at 48 centos No other bouse
match them for less than 85 cents.1
The greatest offers yet made. You are boC
to be pleased when buying in this -Depa
for the styles are just superb, and prices wa;
Regulator of Low Prkt
Oct 14. 1887.
Hammond & Justice
Are Agents for the Oriental Powder Hi
whose "Wing Shot" Powder has no equal k
Breech Loading Quns Are also agents fori
"Hercules Powder Company," whose maki
Dynamite is acknowledged to be the best.
A full stock of Sporting and Blasting Pow&
Dynamite and Water Proof Fuse alwanig
hand at bottom Drices.
HAMMOND & JUSTIC1
Oct 21, 1887.
xparieite in tte
baa On HuodrW
Thoannd application, for pauot. ia
triaa. Xhm DObliahara of tba Setaatiai
ataa and Foraura eon-
w2 m Amaricaa eontiiroa to act aa aoliaWrt
1 1 for patvnU.MTMU, trd-mrk.oofr-BMBadi
riKhU.ata., fortb United 6tat,
Germany, and all othar ooantrie. Tnair.xMrt
anea i Bnaqoaiad and thai faeilitiaa ai uw
i and apeeifleationa prepared aad fm
In the Patent Offlea on abort notice. T.rmJ fMf
reaaonable. No cherfe for examination etaod
ar flnvinM. - A ilnu K . . t
Inthe aCIRWTimn A
Th adanUf a at anon souoe ererr pHaaM.
ta ipubltehed YVKKKX.V at SiOO a r-vr.
admitted to be the beat paper devoted to
meohaniea. inventiona, engineering
liabed in any eonntrr. It eontetaetbeaaoM.
all paten teee and title of ererr in TnUM py"
each week. Try it four mouth for one doU
Sold by all newsdealers.
Wnnn Oe, publiahera of Scientifio Awria
If nn havA an InvuiMn.
. Handbook about pateata tuUgd ftsft
oi BToaaway, ni
. NEW BOOKS.
Just received, a large line of New Boota
eluding: ... .
"Jnttn-A-Tkreemn " a rT i. onnta
"A Wicked Girl," by Mary Cecil Hay, W
"(jaskei tiyron's Profession," . by U.
chaw, 2o cents. XJ
MA Modern Telemachus," by Charlotte
"The Guilty River," by Wilkie Collins,
utr & i -rr-. aw . -
x east, oj vnaa. ivingsiey, o ceou. ...
Strange Winter, 25 cent.
MA Strange inheritance," by P. M.
25 cents. .
"Cranford," by Mrs Gaskill, 25 cents.
"Golden Bells," by A. E. Francillon, 25 ce
"Lucy Crofton," by Mrs Oliphant, 25 cen
-Butta," by Geo. Temple, 25 cents. f
"Lil Lorinne." by Theo. Gift, 60 cents.
- ROSS &
A a e . . e .alii hw
a. genuine imponea article, iur -v i
W. M. WILSON
Mav 27.1887. CB X
t3f Averill Ready-Mixed Pl
best In use. Any one can use them. I
.. . W. M. WILSON
Vs9- WliHo- Wh "Brushes,
RrnnhegV Rhn Brashes and KalmiB
Feb. 12, 1888.