The news & observer. [volume], November 06, 1897, Page 2, Image 2

About The news & observer. [volume] (Raleigh, N.C.) 1894-current

Image provided by: University of North Carolina at Chapel Hill Library, Chapel Hill, NC

                
2
HUSSEY VS, CARROLL
A Judgment Against the U. S.
Marshal For $25,
MR, HUSSEY CLAIMS SIOO
i
mr. cakkoll denies that he
OWES ANYTHING.
HUSSEY SAYS HE KEPT HIM IN OFFICE
I
Carroll Denies That He Promised Pritchard
That He Would Appoint Republicans
Deputies if He Were Kept in
Office by Him.
John I!. Hussey, a Republican news
paper correspondent in Washington, has
been in this city several days. Yesterday
be brought suit against United States
Marshal O. J. Carroll for SIOO and got
judgment for $25.
He alleges that Carroll owes him SIOO
under contract for services rendered in
keeping Carroll in office during the time
that charges were pending against him.
These MTviees, Hussey said, consisted in
securing certain important information
in regard to the charges against Carroll
and laying it before the proper officials.
The case was tried at 1 o’clock by
Justice of the Peace John Nichols. The
plaintiff. Hussey, was represented by
Judge Spier Whitaker and the defendant
by Mr. Armistead Jones and Judge
Womack. Only two witnesses were put j
on the stand—Hussey and Carroll. They!
made exactly contradictory statements
in. almost every particular.
Mr. Ilussey took the stand first. lie
said that sometime last winter he met
Mr. Carroll at the National Hotel in
Washington. "I had previously received
a letter from him in regard to his troubles
about tlx* marshalship. He said that he
wanted me to render him certain ser
vices and represent him in Washington;
that he knew nobody who could represent
him better. He also wanted me to
mention in my correspondence that he
would very likely bo retained in bis of
fice. For my services he said I should
be handsomely rewarded, but no defin
ite sum was mentioned. I secured some
very valuable information later and '
communicated it to Mr. Carroll, as I lia,l
agreed to do.
“Following this, in the summer, came
the question of his removal, and it was
agreed by Mr. Conrad, the Democratic
Solicitor General, that Carroll should be
removed at once on the charges prefer
red against him. But a stay of proceed*
iags was secured, and soon the new So
licitor General, Mr. Richards, the Repub
lican, came in.
‘‘Then Mr. Carroll came back to Wash
ington with his attorney, Mr. Woodard,
and it was then Mr. Carroll found 1
eould help him and came to me to secure
my services. I agreed to try to help him,
Yfhich I did and he was kept in.
“Mr. Carroll wrote me a note stating
that he had been to see Mr. Richards,
and that he had found out Mr. Richards’,
great grandfather was a Hussey, from'
North Carolina, and that he spoke very
highly of me. He asked me to go to
see Mr. Richards in his behalf. I went
and Carroll was retained.
“I drew on him for $25 October Ist,
and that draft came hack protested.
Yesterday I drew on him again for the
same amount and the draft came back
ijrith ‘Don’t owe it’ written on it.
Judge WhitaKeri “Was he retail
ed because you asked it?”
Hussey: “I won’t say that.”
‘‘How often did you go to isooMr.
Richards V”
“Only one,*; I didn’t think it necessary '
to go again.” !
Mr. J ones: * ‘Were you representing
Carroll as attorney?”
“Hussey: “Yes, in one sense I was; J
but not in its technical sense. I repre- '
sen ted him.”
“He sought you then for your influ
ence ' 1
“I suppose so.”
“Did you charge him for your news
paper work?”
“I did not.”
“What do you base your claims for 1
SIOO on?”
“On a contract with Carroll.”
“Did your relationship to Richards give
you influence with him?”
“I don’t know about that. I don’t
claim that my kinship influenced Mr.
Richards. But Ido know that the infor
mation I gave him did influence him.
As Carroll and Woodard were going
away they begged me ‘for God’s sake’ to
go see Richards as I could save Carroll.
I went to see Richards and as I was
about to leave Mr. Richards told me that
Carroll would not be disturbed.”
“You say you didn’t charge Carroll for
the newspaper articles about him?”
“I did not, though he one time said
he’d give me the finest hat or suit of
clothes in Washington city for what I
wrote.”
“Have you had any communication
with Carroll since you draw on him?”
“Nothing but a letter from him in
which he explained why he let the draft
go to protest. He said he was in great
financial distress; that he had no funds;
that all he had in the world was mort
gaged; that he was absent when the
draft came, but if he had been here he
couldn’t have protected the paper.”
“Why did you draw for $25 and not
for the whole $100?”
“Because he had already told me his
financial troubles. And had he paid the
$25, I don’t think, under the circum
stances, I’d ever have asked for more.”
“Why did you draw for only $25 yes
terday?”
“Because I needed that amount. Mr.
Carroll wrote me a letter yesterday also
explaining why he didn’t honor the
draft.”
Mr. Jones asked that this letter be
introduced.
Judge Whitaker refused to allow it
to be done.
This concluded the evidence and Judge
Womack argued that on even Hussey’s
evidence he was not entitled to recover;
that his contract was against public
policy, and therefore not enforcible by
law. This lie said had been decided by
the Supreme court in the Moss case,
from Henderson, which says that money
cannot be collected by law for services
rendered in securing the appointment of
a man to office or for lobbying for a
bill.
. Judge Whitaker objected ou the ground
that the ease quoted, though good law,
did not tit the case before tile court, in
that Hussey’s claim was not for influ
ence in securing appointment to office,
but for labor in collecting certain valu
able information.
Justice Nichols decided against, the
defendant, and Mr. Carroll was put on
the stand.
He denied that he had over engaged
| Mr. Hussey to perform any service what
ever for him.
“Sometime la«t winter, while Mr. Hus
sey was correspondent for the Raleigh
* Tribune, Hussey stated in his Washing
ton letter that certain leading Republi
cans had been to Washington and had
agreed that I should remain in office.
This was about March Ist. About six
' weeks later I was in Washington and I
thanked him for the article and told
him I’d buy him a fine hat or suit of
clothe*. This lie declined and 1 told him
I hoped the time would coine when I
could reciprocate the kindness. Iu
June 1 found out about the charges
against me. I got Senator Pritchard,
Mr. Holton and Mr. Henry Dockery and
went to see the Attorney General. It
had been agreed that I should be dis
missed the next day. But on Senator
1 Pritchard’s solicitation, I was granted
time. I then wired several friends in
; Raleigh and Mr. Woodard at Wilson.
Woodard came and with Senator Pritch-
I ard went to see the Solicitor General.
I I Time was given me to answer. We
I came home, fixed up the answer. In
I the meantime the new Solicitor General
j went into office. After completing my
j answer, I went to Wilson, joined Wood
j ard and went with him to Washington.
The matter was gone over, and Mr.
} Richards said the trouble was all set
j tied, the charges dismissed and 1 would
be retained. After this there was a
social conversation in the office for some
time and it was during this that Mr.
Richards spoke of being related to the
Husseys iu North Carolina, and 1 told
I him of the plaintiff in this suit now on
trial.
“I did see Ilussey at the boat as we
wore going away. I told him the mat
ter was all settled. I did not want his
services in it, for I didn’t need them.”
Judge Whitaker: “You promised
Pritchard that if kept in you would ap
point certain Republican deputies,
didn’t you?”
Carroll: “I did not.”
“Didn’t you write Hussey a letter ask
ing him to represent you?”
“I did not.”
“Didn’t you write Hussey a letter af
ter you left Richards’ office that day,
before you started home?”
“I did, but I diiln’t ask him to repre
sent me. My troubles had been settled,
and Mr. Hussey knew it.”
Mr. Jones: “Did you write Mr. Hus
sey explaining why you didn’t pay the
draft?”
Carroll: “I did, but I denied in it that
I owed rhe money.”
Jndge Whitaker: “What did you write
to Mr. Hussey about that first draft?”
Carroll: “I told him I was not here
when it came; that if I had been I
couldn’t have paid it, and if I could 1
wouldn’t have done so; that I didn’t owe
it.”
"Did you say you were coming to
Washington soon, and that you would see
Hussey and fix the matter?”
“I did not.”
This completed the testimony in the
case. There was no argument by
| counsel.
Justice Nichols said that the evidence
placed him in an embarrassing position,
as the two witnesses had sworn to ex
actly opposite facts; that is was clearly
a matter that should be tried by judge
and jury; that therefore he should give
judgment in favor of the plaintiff for
$25, with the expectation that an appeal :
would be taken to a higher court.
The apjteal was taken and the defend
ant required to give bond for stay of
execution.
J. G. Berry, one of the best known
citizens of Spencer, Mo., testifies that
he cured himself of the worst kind of
piles by using a few boxes of DeWitt’s
Witch Hazel Salve. He had been trou
bled with piles for over thirty years and
had used many different kinds of so
called cures: but DeWitt’s was the one
that did the work and he will verify
his statement if any one wishes to write
him. Carolina Drug Company.
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THE NEWS ANT) OBSEKVEtt, NoV. 6 IH9 7.
IT MEANS BRYAN
A DEMOCRATIC CONGRESS IN 1898 AND
BRYAN IN 1900.
That is What the Democratic National Com
mitteemen Write the New York World
About the Election.
The Nefv York World prints stati>-
ments from the members of the National
Democratic Committee from nearly every
State in answer to the question: "What,
jin your judgment, were the chief causes
of the splendid Democratic gains every
: where yesterday?” The answers almost
J without exception say that it means a
| Democratic Congress in 18D8 and Bryan
in 1900. Among tne answers sent, we
give a few:
I St. Louis, Nov. 3.—Last year the
Democratic party was disorganized by
the desertion of many old leaders of
great influence. These men have lost
their influence and the party has rallied.
Last year Mr. Hanna had the money
power behind him, for then the Presi
dency was at stake. This year he had
the sympathy of the money power, but.
little of its cash. To a better Demo
cratic organization and less Republican
boodle I chiefly attribute the success of
yesterday.
The issue of. last year will be the is
sues of the future, with bimetallism
first. Bryan is still the leader.
WILLIAM T. STONE.
i National Committeeman from Missouri.
ADMINISTRATION’S BROKEN
PLEDGES.
The failure of the Federal adminis
. tration to keep its pledges to the people
[ was the chief on use of yesterday’s vic
tories. It means Democratic success in
. this State next year and in the National
contest of 1000.
ELLTOF DANFORTIT.
Chairman New York State Committee.
REACTION FROM THE BOODLE
VICTORY.
Raleigh, Nov. 3.—They are due to
the reaction from the success of the
boodle-bought victory of 1896. and to the
evidences that the trusts and money
power control McKinley's administra
tion.
The World said ten days ago that the
(flection of Van Wyck would mean Bry
an in 1900. The World was right. Bry
an will be nominated with a rush and
.elected on a tidal wave.
JOSEPHUS DANIELS,
National Committeeman from N. C.
I REPUBLICAN COERCION ABSENT.
Shreveport, Nov. 3.—There was in
the elections an absence for the most
part of the coercive and corrupting tac
tics employed with so much effect by the
Republican party in the Presidential
election of last year. The result makes
certain a Democratic House in 1898 and
foreshadows Democratic triumph in 1900.
N. O. BLANCHARD,
National Committeeman from Louisiana.
REBUKE TO CORPORATIONS.
Evansville, Ind., Nov. 3. —Democratic
victories prove that the people are de
termined to restore the bimetallic stand
ard and to rebuke the dishonest meth
ods which the corporations of the coun
try employed last year to stifle the popu
lar voice.
They mean the renomination and cer
tain election of Bryan in 1900.
JOHN GILBERT SHANKLIN.
National Committeeman from Indiana.
PEOPLE ARE NOT DECEIVED.
Lynchburg, Vn., Nov. 3.—lt means
that the people are not deceived by the
cry of tariff and prosperity; that they
know that more taxes and lees money j
mean more misery, and that only less I
and more money will conduce to pros- ]
perity; that the money question shall not ]
be obscured, and that just as a large I
majority of the white people of the Uni- J
ted States voted for Bryan last year so
will a much larger majority demand
him in 1900.
PETER J. OTEY,
National Committeeman from Virginia.
Small pill, safe bill, best pill. De
Witt’s Little Early Rise: cure bilious
m*ss. constipation, sick headache. Caro
lina Drug Company.
Bishop Cheshire confirmed a class of
23 persons at the Episcopal church Wed
nesday evening. Eight were from the
the mission in charge of Sister Ella,
about three mile* west of town on the
Glen Alpine road.—Morgantou Herald.
Disfigurement for life by burns or
scalds may he avoided by using De-
Witt’s Witch Hazel Salve, the great
remedy for piles a d for all kinds of
sores and skin tronblea. Carolina Drag
Company.
The Rocky Mount Argonaut has enter
ed on its tenth volume. Its columns
are weekly filled with matter that shows
the progress of the State and the nd
; tors. In that way it is doing much good
tors. In that way i is doing much good.
HARRIS’
Lithia Carbonated
We guarantee that one glass of Hi a.
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MOWING : MACHINE
re the strongest and require less repairm,
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They are endorsed oy some of the uio*
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ud examine the m acumen oeiore you lm«
fhey will take pleasure In explaining the:
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Also, manufacturers ami importers are no
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taw mills, cotton gins, presses. Ac.
Correspondence soli oft art
NOTICE. -
By virtue of power conferred upon me
by two mortgages executed by W. G.
Thomas and wife on the fifth day of
February, 1894, and the 6th day of
March, 1894, wh*ch mortgages are duly
recorded in Wake county in books 124
page 605, and 128 page 317, I shall on
Wednesday, the Ist day of December,
1897, sell at public auction to the high
est bidder for cash at the court house
door, in Wake county, the following real
estate, to wit: One certain lot or parcel
of land situate In the northeastern por
tion of Raleigh beginning at a post on
the south aide of Polk street 105 feet
eastwardly from the intersection of East
and Polk eets, thence southwardly
with a fence 140 feet to a corner post,
thence eastwardly with a fence 70 feet
to a post, T. J. Bashford’s corner on
southwest, thence northwardly with said
Bashford’s line fence 140 feet to Polk
street, tnenee re, twaruly with e** -
Polk street 70 feet to the beginning.
This 29th October, 1897.
W. H. NICHOLSON,
Mortgagee.
R. J, REYNOLDS TOBACCO CO.'S EXHIBIT
= AT =
THE TOBACCO FAIR IN WINSTON, N. C.,
Nov. 3rd, 4th and sth, 1897.
The exhibit represents Liberty enlight ning the world: That the best qnd
most wholesome tobacco that can be use is the product of the R. J. REYNOLDS
TOBACCO CO.
fjfL"
■MpiS RJ-ft RJ"R | Rj-fV R JhfT RJ-R RJ-R RJfIR T
~ ••• 1 ' —1
The above statue is eight feet high,made and draped with natural tobacco,
mounted on a pedestal formed of theproduct of the R. J. RENOLDS TO
BACCO CO.
In her right hand she holds aloft “R J. R. TOBACCO SATISFIES” in
her left “This tag SCHNAPPS guaran ees full weight and quality.”
The exhibit was designed and ereete by Dr. J. A. Blum, of Winston, N.
C., and it is impossible to describe theartistie skill shown in its execution.
It must be seen to be appreciated.
WE ARE STILL IN THE >
Laundry Business j|ipfij|K|
TURNING OUT THE
Very Best Work
If you are not already having t .“IH
our washing done here, give us a‘ ppsAXililliH ¥
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We are also in the Bicycle bnsi-J, p - R/\|J3GH. NJL*
iess—selling, renting and repair- j v ’ ■,
ng. The best fitted repair shop j
n the State. * -*** ****>-
Page & Marshall, Proprietors.
218 FAYETTEVILLE STREET.
■A Log Cabin or a
Our prices will accommodate either I
Men’s Suits #4.00 to $7.50.
Men’s Tailor Made Suits sl3 to $25.
Children’s Suita $1.25. $1 50, $1 75
Our $1.49 soft and stiff nats are the
1,000 pairs 10c socks at 5c pair A
STTMARY’S i
RALEIGH, N. C.
A GIRLS SCHOOU)ThIGHEST GRADE
56th Year
Opens September 23rd.
School’Building Admirably Equipped With Laboratory, Libraries and Fine Gymnasium.
Superior Advantages in Art and Music. Special attention to
Thorough Instruction on the Violin.
Bed Steads, Springs, Mattresses new throughout and of the best material.
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131 Fayetteville St., Raleigh, N. O.