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THE NEWS OF NORFOLK ON PAGES TWO, THREE, FIVE, SIX AND SEVEN.
?????<S"> >0 ?????<*> OOO <>?*><> <0<3-0 ? <*-<> <?<?<j> ^#~d>0>^O <>?>? <!>00 I Varieties in Wash Goods Present Needs for Men News of Silkdom. There is a multitude of varieties in Wash Goods this .sea? son?and multitudinous are the titling patterns on them. All-over minglings, checks crossing and recrossing, stripes graduated, and dots of the daintiest kinds. Out of this cool gathering selection is altogether probable. A lovely line of I'. K. ail width welts. cross-wise or lengthwise cords ranging from 10 to 30c?the be.-t in Nor? folk for 12 vie. Beautiful Satin Stripe Wool dial lies, 29 in., 23c. Premier Corded Zephyr Lawns, 6c. New Line Striped Lawns, all colors, Sc. Fine Zephyr Ginghams, tor Men's or Ladies'Shirts and Waists, t2'<e. ' 36-in., I2)$c. Percales, selling at Sc., short lengths. A good selection 36-111. Percales at 6c. yard. The best grade Percales, 36-in. i2'2c A magnificent assortment of Lawns, Dimities, Cordef.es in II colors and patterns, lee and 12;jC. As men seldom read the advertisements of a retail dry coods we appeal to you ad, reading ladies as the mediums through which to speak to men. We have something to say below: Men's Crown Brand Night Shirts, nude of good material, prettily trimmed, very cool, 50c. Men's Silk Finish Balbriggan Undershirts, pearl buttons, 25c. Loiik or short sleeves. Men's Silk Trimmed Balbr'u;gati Shirts, pearl buttons, very cool, 39c. 1 oiiK or short sleeves. Men's Custom Made Bleached Jeans Drawers, warranted peppered, %c. pair. Men's I ulaundered White Shirts, made of - fine muslin and Strongly made, 50c. each. Men's Fi>! Cijjk and Fast Tan Half Hose, I2;jc. pair. Of all the* fabrics yet produced, silk stands prominently ahead. It is more desired than all other qualities known. It is a shining beauty. k Nothing is so dressy for a dress or waist as the fabric silk. Will you have a waist or dress of it ? Then you may select from these: Concerning Dress Goods I Dress Skirts of all Kinds Beautiful Blue and White Foulard Silk, the siejit stirs coolness; 24 in., 75c yard. >f which Cool Black China :>ilks, 2; in., 50, 60, Co to S9c. yard. Check and Striped Wash Silk, with shirring cords. 15c yard. Heavy Blue Stripe Corded Taffeta Silk for Waists, 19'in.. Si.00 yard. Black S?.75, s: Peau do Soie .00. Silk, all grades, Sl.00, $1.25, $1.50, We needn't tell you that this is the greatest Black Goods sellina; season we've seen for many springs. You know that, perhaps, already. We add to tliis tint the styles in Black Goods are the prettiest we've seen for many seasons. Here are some of them : Poplin?that sros grain weave popular fabric, 45 in., 75c. yard. Serge?in sin >Oth finish. 45 hi, 59c. Serge?fashionable, slight n.ip, 54 in., Sl.OO. Venetian Cloth for Suits, $4 in., Sl.OO. Broadcloth for suits, 50 in.,S9c. Brilliantine for skirts, reversible. >S in., 50c. Priestley's Silk Warp Henriettas, 51.25. Sl-50. $1.75, $2 00. Navy Blue Serges, smooth or rough, pretty shades, 25c to Sl.OO a y ard. ?12 in. Covert Serges, in tans, greys and greens, 50c. 40 in. Covert Cloths, new colors. 50c yard. Would vou like to have a Crepon, a Taffeta Silk, a Serge or White P. K. Skirt? They are the popular fabrics for Separate Skirts,you know. These mentioned are among the latest: Rough Crepon Skirts, trimmed very attractively and made in the correct style, cord lacing, new shape. $7.93, $9.89, $12.50. Black Serge Skirts, slight nap, some herring bone weave, in all lengths and grades, prices range $1.09 to $7.48, The $7.48 Skirt is silk lined?a beauty. For a handsome Dress Skirt these Taffeta Silk ones are be? yond rival. Beautifully trimmed, silk lined, distinctly swell shape, $17.89 to $22.00. Wide Welt White P. K. Skirts, artistically ornamen'nl with soutache with black and colored center, $4.9S and $5.50 each. Cheaper ones, too. \ ? X X X FIF I Will be given away to one hundred buyeis between 9 and 6 o'clock Saturday, May 27th. Six very fine Ladies' Swiss Ribbed Test, worth ?1.50, will be $ sold for $1.00 lor the six, a saving of 50c. Only six to each buyer?not more than one hundred buyers. > )00OO oooo oooo ooooo I 40-itoch % > Black and White 8 ! India Linen, o [ 20c. quality I For I2^c. yard 8 oooo oooo oooo oooo 6 o ? 9 0 oooo oooo oooo oooo SEE OUR 206 MAIN STREET, ACADEMY OF MUSIC BUILDING, ? I SM HMR BRAID j X o At5andlOc. <>? Others sell them for 10 and 15c 0 * 0 0 t> oooo oooo oooo ooooO <$> 0<3>-*-- 0<?-<5> O0? <2>0<J> O O-O O<> ?> <SH$><S> 0<S>0 ?><><?> O-C-^ 4^<5> O<S><t><J>-O- <3><8>0 <M>* <0<S> 0<*-0 <J>?*???? <sOO O<t>v J COURT DECISIONS. Notes of Cases R ecently Decided, Which arc of Interest to Our People. DIGESTED BY W- B- MARTIN, (Exclusively for Virginian-Pilot.) MITCHELL V. CAROLINA CEN. R. R. CO. Buprcmc Court or North Carolina. .March 21, lSit'J. A SHIPPER OF LIVE STOCK SIGN? ING A BILL OF LADING EXCEPT? ING DAMAGES NOT RESULTING KK<*M A RAILROAD COMPANY'S NEGLIGENCE, DOES NOT HAVE Till: BURDEN OF PROVING THAT THE LOSS OCCURRED FROM SUCH NEGLIGENCE, IE HE HAU Nu MEANS OF ASCERTAINING HOW THE Loss OCCURRED. IN SUCH CASE THE COURT SHOULD CHARGE THAT Till; BURDEN WAS ON THE COMPANY TO SHOW THE LOSS WAS WITH? IN THi: EXCEPTION IN Till-: BILL H OE LADING. Tho facts arc- shown in the opinion oC the court: The court says: j, Wo cannot assent to the proposition *' that In oases ol limited liability the nburden of proof rests upon the plaln j tiff :>> show print; tily the negligence of tv the defendant. In the case before us !? the plaintiff brought suit for the value Of a male which was shipped to him ? from Nashville, Teno., in a car with /other looses and mules. When the car ?reached New Bern the mule was miss Jing. The plaintiff 1ms no means of ? knowing what became of It, except In . ItormiUlon furnished by the defendant, j *who says that it died en route. This ? rimy be true, and we presume It is, from I the testimony for the defendant; but it; Elias neither been ndniittcd by the plain-j ? tiff nor found ns a fact by the Jury. ?The defendant says the shipper signed _'n bill of lading releasing the def. iid.int 9 from nil ri-l< of loss or damage not re B nulling from the negligence of Its 8 ngents. The snfe carriage and delivery j arc the essential objects of the con ? tract, and it Is Hie duty of every party b to a contract to comply with his Agree I ment, or to show such facts us will ox 1 cose his non-perforinnncO, This Is es? pecially so where tho contract is made in the performance of a public duty. It is the duty of n common carrier..irre? spective of contract, but subject to reasonable regulations, to accept, safe? ly carry, and dollvi r all goods entrusted to It. If the goods arc lost, it must show whnl became of them; nnd if they are damaged, it must prove affirmative? ly thai they were damaged in some way that would relieve n from responsibili? ty. The plaintiff has h. prims, facie ease when he shows the receipt of goods by the carrier, and their non-delivery, 01 delivery in a damaged condition. If the defendant pleads cx< niption by virtue < of a special contract, it must, prove the contract, and show thet the loss oi damage comes within some one of th? exceptions. '?There Is some conflict among the authorities as the burden of proof in such eases: but the prevailing rule, where the owner or his agent does not ro with the slock, Is that when the an? imals are shown to have been delivered to the carrier in good condition, nnd to have been lost or injured on the way, the binden of proof then rests US the carrier to show that the loss injury was not caused by its own neg? ligence." This rule strongly commends Itself to our better judgment, and re? ceives our approval, especially in view of the universal acceptance of the prin? ciple that Whore a particular fact, nec cossnry to be "proved, rests peculiarly within the knowledge of a party, upon him rests the burden of proof. It is contended for Hie defendant that It Is exempted by this contract from nil loss or damage not arising from its own negligence, and that therefore it cannot be required to prove the loss Within the excepted classes without re? quiring it in effect to prove its own want of negligence. Even so. If, stand * ing with the burden of proof upon I! Alt claims to:TtI exemption, u must show every fact necessary to prove ^frAt exemption. It la not placed In any better condition than the ordinary de? fendant, Die rely by the unreasonable exti nt of its stimulations. The only case that we can find in our reports that seems to settle the point ?jow in question, and to settle it ao pnrcntly in favor of the plaintiff, is Manufacturing Co. v. Ohio lt. & C. Ify. Co., 121 N. ('. "ill. when' this court Iris laid down the rule, without dissent, that "among connecting lines of com? mon carriers, that one in whose hands goods are found damaged is presumed to have caused the damage, and the burden is upon It to rebut tin: prc aumptlon." Reversed. Rt ITH i iNBERGER V. GLICK, Appellate Court of Indiana. February U, 1S99. IK A PERSON SIGN A SUBSCRIP? TION PAPER FOR THE BUILDING <iK A NEW CHURCH UPON A PARTICULAR SITE, HE CAN WITHDRAW BEFORE THE DE? LIVERY <>F TlIK PAPER, BUT NOT AFTERWARDS. IF SUCH CHURCH BE BUILT UPON A DIFFERENT SITE FROM THAT SPECIFIED. Till-: SUBSCRIPTION l.S .NOT BINDING, This wiis a suit to collect a subscrip? tion for the building of a church. The defendant had si;jn? ;l n subscription paper, together wllh other parties, agreeing to any $50 to the treasurer of the Fair Haven Lutheran Church, for the erection of a new church building on the orescnl site of said church. The chun b wns built on a different site, on the opposite side of the street, and about eighty feet froln Iho old church. There was a Judgment for defendant and plaintiff appealed. The court says: In tlte case at liar, after the paper hail been signed and before Ha delivery, the subscription could have been with? drawn at ?nv time. But after Its de? livery It been me a contract between dppellcnts ami each of the subscribers, and wns equally binding upon !> th parties. The liability of each sub scrib i wus in no way dependent upon ihe liability of the others. It is not material here whal reason a^q^ellec may conditioned upon a particular location.; The fuel exists that i: is a part of the contract between th ? parties. The e.wall:ion is a reasonable one The parties themselves have agreed to the contract with Its condition, an.) .ill the courts can do i-< to enforce it accord? ing to |. nil.--, anil conditions. It ap? pears that tir- church, was not erected on the premises described in the sub? scription paper, but was built on tin' opposite sole of u public highway, and about seventy-five or eighty feet from the old church- !t la argued that this Is a substantial compliance with the I contract. No discretion was lodged with ,\nv .m<- ns to location. The new church, when built, was not located on the sit.- nf the old one, nor was it located on any part of the land de? scribed In the subscription paper. The location mentioned in fhe paper was whoily ubandnned. One of the substan? tive terms of the contract was disre? garded. The facta show a decided pur? pose on the barl of appellants net tin perform the condition. The contract Itself is perfectly plain, and. If appel? lants desired to Substitut n new con* tract in its place, ihey should show that such new control t had been exe? cuted; When appellee signed Hie sub? scription paper, he clothed no one with any discretionary authority as to loca? tion. Appellants are not seeking to enforce" contract that has been sub? stantially complied with, bul arc seek? ing, in effect, to enfon e against ap pelee u contract which he never made. Judgment affirmed. DiYltn SSRVICBS TODAY-. The Methodist. Presbyterian, Luther a t. Christian, Church of Christ (Dis? ciples) lind Christ Scientists publish their hours of Sunday services in Sat? urday's issue. BAPTIST. Grace, corner of Princess Anne ave? nue and Church street.?Preaching by the pastor. Rev. A. E. Owen. D. D.. at 11 a. in. and 8 p. m. -Morning subject: 'Tin- Oespel Sheep:" evening. "The Prodigal Sin Going Away." Evange? listic servl !( i .t ry evening during the v eek. Sunday school at 9:30 a. m. Freemason, corner of Bank and Free mason. Preaching by Rev. Frank Dlx on, of New York, at 11 a. m. and a P> Park Avenue, BrambJeton.?Preach .? Die poplar. Rev, J. J. Hall. D. I)., at 11 a. m. and 7:45 i>. in. Morning I subject: "Surpassing Love;" evening, | "Resadlness." First, corner Freemason and Grantvj streets.?Preaching by He v. B. it. Hatcher, pastor, at 11 a. m. and S p. hi. Spurgcon Mem >rlnl, Windsor avenue, Brambleton.? Preaching by the pastor, Rev. L. It. Christie, at 11 a. m. ami a p. m. central Avenue. Atlantic City Ward, ?Preaching at 11 n. m. and 7:4.% p. m. Burrows Memorial. Lambert's Point? Preaching by the pastor, Rev; George W. Cox, at 11 a. m. and 7:4f> p. in. 1 CATHOLIC. St. Mary's, corner of Chapel and Holt streets. Rev. John Doberty. pastor.? Sunday: Early mass at 7- a. m.: children's mass at 9:::o a. m.: high mass nt 11 a. m. Vespers and benediction of the blessed smcramcnt at 5 p. m. Sacred Heart Church, corner of York and Dunniora streets, Rev. Father T. :'?. \\ ilson. pastor?Sunday: First mass. 7:^0 d. m.; second mass, 11 a. m. Ves i pers at r> p. m., followed by benedic? tion of the blessed sacrami-nl. PROTESTANT EPISCl ?PAL. Christ, corner of Freemason and Cumberland streets. Rev. C. 10. Gram? mer, 13. I)., rector.? Preaching at 11 a. m. Evening prayer at ? p. in. I St. Luke's, corner of Ornnby and ' Hute streets, Rev. A. S. Lloyd, rector Services at 11 a. m. and 8 p. m. I St. Peter's, Drown avenue, Bramble? ton? Preaching by Rev. Dr. C, IS Woodson, rector.?Services a I li a. m. nnd S p. m. St. Paul's, Church ami Cove streets, I Dev. H. D. Tucker, rector?Services at 11 a. m. and everM"g prayer at 5 p. m. Emmanuel chapel, ci rn< r of Wide : and Colvert streets, Rev. John H. Dick ' hi son, curate?Services nt n a. m. and 1 s p. m. Sunday school at 9:30 a. m. Wednesday night at 8 o'clock. CHURCH CHRIST. Freomfson, between Hank and ! Brewer?Preaching by the pas'or. Dev. I W. F. Smith, at 11 a. m. and S p. m. Christian Endeavor nt 7 p. m. 1IHR 1ST scientist. * First Church, Library building?Ser? vices at li a. m. and 8 p. m. Wednesday evening at s o'clock. LUTHERAN i !HURCH. B'"??_' 'hPf.'h ''I'.""! ?::??? between Grnnby and Brewer streets Pr ac'ilng by the pastor. Rev. J. E. Bhenk. at 11 a. m. and 8 p. m. Sunday school at 10 a. m. CHRISTIAN CHURCH. Memorial Temple1, corner of Cookc ? nd Tunstnll avenue, Brambleton? Preaching by the pastor. Rev. J. P. Barrett, D. D., at ll a. m. and s p. m. Morning subject: "The church at Bergamos:" evening, Romans, 4-17. I CHRISTADELPHI AN ECLESIA. I Hall corner of Brambleton and Malt by avenues.?Services at ll a. in. A N N1V E RS ART SER VIC IC S. The fifth anniversary of the organiza? tion of the First Lutheran Church will be celebrated at the ll a. m. service ta> .lay. when the roll of membership will be called, followed by the re-election of, deacons, rending of statistics and the' report of Council on the suite of the liurch. Gospel temperance meeting. The May Gospel Temperance meet? ing will be hi id in the Church of Christ. 'Disciples) on Freemason street at 4 O'clock this afternoon. The address will be made by Rev. Chas. I. Stengle, . f the Union Mission. The exercises will bo conducted by the pastor of the church, Hey. W. F. Smith, and the music by a quartette of male voices. Tho most effectivo slyin purifying and beautifying soap in the world, as well as purest an 1 sweetest for toilet, hath, and nurserv. It strikes at Uie cause, of bid complexions, red, rough hands, falling hair and baby blemishes, vis., the clogged, irritated. intUtned, overworked, or slug giah Poses. riet*, BpttuB. litv toUiv*BuuUTol Comp-.cxloa.ftct seems impossible, but u The Hub ,f does it to-morrow?puts before you the most trustworthy merchandise at prices which you've always linked with cheap and shoddy. Prices which seem almost impossible ?and which would be did not that " THE HUB" buy such immense quantities. Every sixty minutes has its attractions. You can well afford a few minutes in perusal of the details below. All these go from 9 to Lot of Hoys' Double-breasted Hulls ??made of good wearing material! si>:.v< n lo l.'i years?worth $2.04, w!ll go for. 95c. All these go from SI to 12. 8mall lot of Hoys' Kong Pants Suits?made -f All-wool Ohevlots Cnsslmcres?add and ends of reg? ular loin u h sold nl $0.50 c*> Oft and ?7.50?Will j;o for. ?T?.70 Small loi of Men's Fancy Bosom fhflC, . Shirts, with separate link culfs rcgnlnrly sold at 75e.?being slight? ly soiled?will lie offered for . 29c. Hoy?' Hum Black Seamless Cotton lloac?sizes up to w irth f i \ Q Small lot of Hoys' Qolf Caps, in plain ami fancy shades? usually s.ld at I5c will !2',c. Men's largo size Japonotte Hand? kerchiefs?-hemstitched* with plain or cotui'iit borders?worth l?c for this hour your choice . .'. 7',c. Lot of Men's Kino silk Neckwear consisting of fugs, Tecks and 4-lu hnnds- picked from uur regular 25c l n? s ?w .ii be off. r< d for . All these go from 1 to 2. Lot of Men's Alpines. In black brown and pearl shades?xpry nobby' and Stylish ? worth tl.SO?for . 95c. 12' Hot of just 15 Boys' Junior and Ki n Bults, made of All-wool Chev? iots, Cnssimcres nnd Worsteds? hnndsomi ly trimmed with silk lira Id- ii ts which were sold at f.'-w, ?j...'i and JI.CO- hut to uIoho out the add* aii.l > Miis. will h i you take your choice during ihls h ur for. You:- pick of a lot of our regular Ti ?. SI'.k Neckwear. In Ticks. Puffs, Imperials and Four-lit hands?for . All these go from 3 to 4. Lot of Mon's Cfolf Hose?plain, blue and black, with fancy stride tops?which usually sell 15c.?>wllj so for . 19c 25C. Kot with Kot of Children's B'.ouso Wa'.sts alightly soiled?With extra Iure.? sailor collars and handsomely rux._ tie.i front sold regularly at 1 Or* aye. ami .'?>.?.. will go for.... 1 7L. $1.19 of Boys' Negligee Shirts attached collars andcunt*? very pretty and attract, ve terns?regular 50c. grade 37C llert's a choice, mothers, you can not afford to miss: Your choice of xiui of im !>.iti> troys ittfee pstto; Wh oh regularly *:il at ic,, 75c - for . Chlldn r.'s silk Windsor Ties large assortment of pretty pat? terns?usual pi ice 25o.?dur- ? s j p Ing tills hour your choice.. -' *?? All these go from M.n's oood Working Pants?In neat serviceable patterns? extra well made? w< rth $1.50. for . 89c. Kot of Boys' Shirt Waists?In a splendid assortment of coo.t wear? ing patterns worth SDc. - m , this hour . ? ~v. Kot of Children's Crush T.im O' Bhahters ? - with patent leather ids -worth S5c?will go \$Q Kot of Men's <n rla Umbrellas, absolutely fast colors?won ii in/. 75c?will go lor . J7ti' Kol of Men's Fine Seamless Half Hose in Black and Tan sliad.-s. guaranteed fast colors? / i r* worth 15c.?during this hour * /'- I? Boys' Well Made Cheviot Knee* Pants?Just the thing for every day wear?worth 23c.?go at. Men's Derbies in Black and Brown Fluides- latest .spring shapes?worth %\.Vi ? ?liirlii;; this hour choice . 9c. wn rili 89C Kot of Boys' Kinen. Calotoa Cloth and Crash Blouse Suits, which we sold las: .-. .ihi n at $1.50.'*2 nnd $2 50 and Which are worth Just as much now?all siz.-i In the lot from 3 lo years?will bo offered Uur- jjq Ing this hour for. ovc. During this one hour we'll let vnu take your choice of uvy 1'hi'lds' Vcsteo Suits In our children's de? partment at one-third off Its regu? lar price. No matter what the price may bo. All these go from 12 to l. Lot of M n's Fine All-wool Suits. In noi.in- Cheviot. Casslmercs and Homespun?odds and ends .four regular }?? lines?cut and made in the lati st Biid mosl c rrect ?t-j QO style?a great bargain at.. *,J-'? Small lot of Men's White and Fancy l>o> k Vests?sllglftly solled whlch sold ill $1 00 I $1.5 will be offered for j Qq i.oi of Men's imported Fancy Bone?In the Vi ry in west uluid. check and stripe effects?the kind sold usually at 250, and 85c. j q,? Kot cf Hoys' Balbrlggnn 1'n.I wear?shirts and drawers, 26c. and 35v. will go for. l?c. Kot of Men's Madras N eg''see Shins, with detachable link cuffs? nobby check, stripe and pi aid ef* ects?worth 51.50?choico of no., this hour for . 70L? Men's and Hoys' AU-WOOl Bicycle Pants?with reinforced s,at.??no.>oy iheck. stilp-> and plild effects? ;: SO and $2.0i>?will go 98c For this hour Wi *i rioted i hi rr the . ov< suit In Yovr choice of fo dozen of the our children's department ??-> nn ; newest V. K. and Lawn l'uff Ti for ..TTTT-..?v.- ^.UW--?you I We for both lad cs-rrn* All these go from 2 to 3. The "Hub" make 4-ply Klnen Cuffs?In both plain and link styles ?regular I5c. value? this f r? , / a. hour . lKJ/2 L. at. ixn of Men's Halbrlgran Under? wear?In pink, blue, tan and plain shades- worth 35c.? J 9C Your choice of a lot of 25 Child? ren's Sailor Blouse Bulls?made of All-wool Crash an I Homespun ma? terials- ishli Ids and collars hand si m ly ? m i which &??> r\r\ sold at $4.50 an I $5- for. Kot of Men's Now Spring trous? ers. In pretty check and strpo ef? fects?extra well made and finished as well as any you could for twl ?? the prii e -worth $3.50 ij ^Qg ? for . Kot of Men's Fine Suspenders, In Cantab or Ouyot styles; also leath? er end.-;, which s-dl at 25c. 1 fir* and 35c.-will go for . 1 OW. Hoys' nobby Straw Hats?yacht style, with black or fancy bands? which sell all veor town at will go during this hour for . 39C. The "Hub" nviko 4-ply K'nen Col? lars?all tho latest shapes? twenty seven si vies to select from Zp - lr-e. values?for . ov*? During this hour we'll offer tho choice of any suit in our entire children's department at one-half off its regular price gentlemen, worth $0c., for.. 2SC All these go from 4 to 5. Lot cf Men's Stripe Oftlca Coats? .-.'.zej from 31 to ft- 25c worth 50c?will go at Ix>t of Men's White Night Robes cut full length?either plain or fan cy fronts?which sold at 75c and $1.00?Will go for. 39C. Splendid lot cf Boys' Vestee Suits ?elegantly trimmexl with silk braid ?pockets In vests?largo sailor collars?worth $3.30 ^2 22 Kot of Men's Cotton Sweaters, In blua and maroon shades, with either turtle, cape or sbaml collar?75c. value for . 39C. I^ot of Men's Nobby Bicycle Suits ?.made of strictly all-wool chevloti? and easslmeres? in tho smartest patterns of tho season, sold at $u and $7?choice this hour . $3.98 Clothes, Hals and Furnishings?374 Main Street,