The Morning Post from Raleigh, North Carolina • Page 5

ffHEMORNING POSIT SUNDAY, NOVEMBER 24 ipoi Mi. PROCLAMATION TO WEAK MEN The Governor ancl Exer-cise of Pardoning Pber Charity, tlie Noblest Impulse of Man, Exemplified by. Well KnowiiMlssourian. SENT FRTOALL Phantom Bail at Rocky Mount Rocky Mount, N. 2S.

Correspondence of The Morning Post. At Gayety llall Friday evening, the young ladies of this city gave a Phantom Ball complimentary to the members of the Qneen City' Club. With dhamed lights the ghost-like fairies pre-sfiSSed a weird scene indeed, after eleven o'clock the dancer tinmasfced and one of the prettiest, germans of the season was danced. Mr. Robt.

Cooper led. Those dancing were: ter considering the matter for a day or An appeal does not lie from refusal to dismiss an action. C. A. Myers vs.

Concord Lumber appellant. (From Cabarrus.) Negli-gence. It is the employer's duty to be reasonably careful to provide for the employee sound and safe appliances and machinery, a safe place in which to work and a safe way to go to and from his place of work. In an action by employee to recover for injuries alleged to have been caused by negligent arrangement of machinery, evidence that a change in the ar-, racgement had been made since the injury, is inadmissible for the puTposo of showing negligence of the defendant in the former arrangement. A.

J. Parlier vs. Southern Railway appellant. (From Cabarrus.) If defendant introduces evidence after refusal his motion to non-suit under Act of 1S97 he is held to have waived any. right he had under his motion; but after introducing evidence he may renew his motion and the motion then stands upon a consideration of the entire evidence of plaintiff and defendant.

Means vs. R. Co 126 -n. 424; Ch. 594, Acts 1901.

Where, in an action against a railroad company for damages sustained by alleged negligence of defendant while plaintiff was getting off the train, it appeared from plaintiff's evidence that while plaintiff was alighting from the train after it had stopped at a station, the train jerked with a violent motion causing plaintiff's fall and injury, the trial judge was warranted in refusing the motion to non-suit under tho statute. W. S. Harter, an honored-and Snflun rial citizen of Nevada. makes a statement and an overgexjarous offer that comes in the shape of a proclataa- tion of health to all amicted -ith less of vitality and its kindred ailments.

His case wais a most pitiable one, mightly emissions so draining and his constitution was weakened to such a degree that it was impossible four him to perform his duties. He spent hundreds of dollars for remedies and to but could not regain, his vitality or check the awful nightly emissions. One day a brother lodge member called his attention to a remedy, in fact, implored Mr. Harter 'to take the remedy for his affliction; he did so, and inne month's time was entirely cured. Ills' constitution rejuvenated and vitality regained.

Today he is a man in every sense which that -word would imply. Mr. Haiter is not what one would call an ininiensely rich man. but his gratitude for thas marvelous remedy is so gerat that he says he intend making his life's labo that of putting tETs remedy in the hands of all, those 'afflicted as he was. Mr.

erns pi To Close it RALLY DAY AT BAPTIST TABERNACLE Sunday School Will Observe Unusually Interesting Programme this'Morning. Sermon on Temperance Ths is "Rally Day" with the Sunday school of Tabernacle Baptist church, of which Mr. N. B. Broughton is pastor, and a program of unusual interest-has been arranged.

Every scholar, evcry eacher, every officer, every parent, and tho friends of the school in general invited to attend. following will give some idea of the program to be observed: 1. Assembling of school for Rally Day Exercises at 0 a. m. 2.

Orchestra Voluntary. 3. Opening song by school. i 4. Invocation ytho pastor.

5. Song Male quartette. (i. Responsive Scripture reading Joshua 1:1 9. 7.

Song. S. A few words of welcome the school by the superintendent. W. Three brief prayers: (1) Of thanksgiving for the conversion of 6o many of our school in our recent meeting.

(2) For the several department, officers and teachers of the school. (3) For the blessing of the Holy Spirit in teaching, the -same may be crowned with many decisions for Christ. 10. Roll call by classes by the secretary. Each clas3 is expected to report number enrolled in class, new scholars added mount of collection.

11. A Rally Day Feature, in four parts: (a) Introduction of r.ey scholars l.y usher, J. S. Allen, (b) A few special words of greeting to new scholars by the superintendent, (c) Voices from the intermediate Wd primary departments, (d) Messages from mother church, from sister churches and from absent members. 12.

Song Excelsior Boy's Choir. 13. Three three-minute addresses "A Forward Movement in our School." (1) Forward to increase our enrollment R. N. Simms.

(2) Forward "to increase the attendance A. B. Forest. (3). Forward toward many decisions for Christ J.

M. Broughton. 14. Announcement of school oflering. 15.

Song Sextette Female 10. Announcements and close. Sermon 11 a. m. by the pastor.

Subject: Temperance. The Sunday school lesson for November 24rh. The official roll of the Sunday school will be of intercs: in this connection. It follows: Officers: Rev. W.

D. Hubbard, pastor. N. B. Broughton, superintendent.

B. Forrest, R. N. Simms, assistant superintendents. M.

B. Birdsong, Judsan Peole, secretaries. C. P. SprcJll, treasurer.

E. P. Moses, C. B. Park, Lester Petty, librarians.

J. S. Allen, Usher. J. H.

chorister. Teachers Miss Bertha Stein. It. Ilorton, C. P.

Spvuill, Miss Carrie Phillips. A. II. Mooneyham, Mrs. John Duekett.

Miss Lizzie Ellington, J. M. W. Partin. T.

J. Bash-ford. J. R. Barkley, J.

C. Birdsong. L. D. Watson, Miss Vannie Moore; Ba-raca it.

N. Simms, J. W. Cheek, Miss Hattio Feele, Miss Maud Rcid, W. C.

Richardson, J. J. Bernard, B. F. Faison, N.

B. Broughton. Junior Departnu-nt Boys W. B. Tar-kin ton.

Girl? W. A. Cooper. Department Jo. II.

Weathers, Mrs. Jo. II. Weaihers. Misa Maude Philips with Mr.

Baldy I Thorp. Miss Lula Davi3 wit! Mr. Clarence Swindell. Miss, Rosa Gordon with Mr. Harry Abram.

Miss Pearl Taylor with Mr. Robt. Cooper. i Miss Ilelcne Battle with Mr. Lee Sta-ton.

Miss Fanay Philips with Mr. Percy Mks Lncy Thorp with Mr. R. B. Davis.

Miss Daisy Taylor with Dr. C. F. Smithscn. Miss Mary Battle with Mr.

Will Cutis. Miss Katie Thorps with Mr. Will Howard. Miss Florence Chalk with Mr. Frank Spruill.

Miss Priscilla Williford with Mr. Turner Miss Clara Vine of Grand Haven, with Mr. Henry Thorpe. Miss Mattye Love Harris, of Henderson, with Mr. R.

B. Rawls. Miss Mildred Cutts with Ir. E. V.

Howell. Mr and Mrs. J. C. BraswelL- Mr, and Mrs.

R. H. Gregory. On account of the Masonic bazaar that Is to ho held here from Nov. 25th to 30th, line Queen City Club has decided to postpone the perman usually danced Thanksgiving night, untii Dec.

2d or 3d. The Choral Society will meet art St. Mary's Monday evening at 8 o'clock. A full attendance is. desired.

Tobacco Journal Sold Winston-Salem, N. Nov. 23. Special. Col.

G. E. Webb and H. W. Kron-heimer have purchased The Southern Tobacco Journal from H.

E. Harman, now of Atlanta. Mr. Kronheimer has been editing the paper for several years ind will continue in that capacity. Colonel Webb, who is one of the best posted tobacconists in the South, wHl be business' manager.

THE FAMOUS OLD mm i li Ml filllES sole Til F0BS8 Mm IULEIGtl, N. C. Gnrrcir-Uilllams Co. niMillera, Bat-tlraorr, A RALEIGH -IT MILE NIB COOPER BROS, Proprietors. Raleigh.

N- C. MONUMENTS a Write for catalogue. Our stok is again DPV a sseaai ha rht a Hartcr, bein a very conscientious thrmcht neiapa (the treniedy mayVnot. inove In evry case so wonderfuOiy fcn-' eflcial as it did in his. For this reason he gave fifty sufferers "the treatment, in every Snstanoe the -same- wonderful results revere experienced as was In Ma case, so he mow says he will send every sufferer of this death-dealing diseased Lost Manhood and its kindred aiUmeoits, absolutely free, the means which di: trected hint to health and At Nevada, there lis located States Asylum, No.

3, in which there are at? present about 700 patients; Mr. Haider; claims that upon good authority he is; informed that ibout 75 per cent of these unf ortunates lost their minds Lost Manhood, and the awful brought upon them, through nightly emissions. With this awful icture even before him. he believes it is his duty tov humanitv to save those now upou as. ctihk or waico.

i mucu worse than death. Any Teader eendrn'g1" his name and address to Mi W. Harter, 702 Ash street, Nevada, will receive without delay, and free oiP; fhnrfftf'' this wonderful Buyers! fur goods in the line of IT Gov. Aycock's Course Heartily Endorsed- An Irresistible Case from Craven Coun ty Awaits His Action A great variety of cases come up before the governor of a state who is rested with, the pardoning power and the judicious exercise of this prerogative is most commendable while a failure to exercise this power when the merits of the case justify it is if anything more to be condemned than its excessive use. A very prominent and influential citizen who spent yesterday in the city said that while there was criticism in some quarters of the degree to which the pardoning power is being used by Governor Aycock yet a careful study of the merits of each case in which lie has granted a pardon shows that no humane, Christian man who loved justice or cared for the welfare of his own soul to say nothing of possessing the milk of human kindness his heart could have refused a pardon if he had it in his power to grant one.

A member of the Post staff was discussing this matter with Col. P. Tearsall the governor's private secretary yesterday, tlie governor being oat of the city, and the Colonel said: "What are you going to do with a case like this? "Down in Craven county last week J. B. Price from Beaufort county, a man of very small means, and who be; fore this indictment stood well in his county, was tnjed and convicted of obtaining the signature to the assignment of a note by false representation.

The jury convicted the defendant and recommended him to mercy. "The foreman of the jury wrote the governor mat the jury never would have convicted the defendant if it had thought the Judge would do more than Impose a small fine. The Judge sentenced the defendant to 12 months in the penitentiary and a fine of fciOO. Af- CHEMICAL SOCIETY MET YESTERDAY A Number of Valuable Papers Were Read The Attend ance and Interest Satisfactory A meeting of the North Carolina section of the American Chemical Society was held yesterday in the office of the State Chemist. The attendance was sood and a number of very valuable and interesting papers were read" and discussed.

The members present and who partic ipated in the meetings were Profs. W.f A. Withers and U. s. raps, a.

ana M. College; Profs. Charles Baskerville and A. S. Wheeler, University of North Carolina; Prof.

Chas. E. Brewer Wake- Forest College; Director B. W. Kdgore.

N. C. Department of Agriculture; Prof. J. L.

Kesler, Baptist University; Prof. H. M. Smith, Elon College; Prof. J.

M. Pickel, Shaw University; Messrs. S. Asbury, Grimes Haywood, W. il.

Allen, Fred C. Lamb and C. B. Williams, N. C.

Department of Agriculture: Messrs. W. Syme, W. F. Pate and W.

A. Parker, A. and M. College; and Mr. Paul Collins, chemist to the Cara-leigh Phosphate and Fertilizer Works.

Upon recommendation of the membership committee Messrs. Paul Collins and Charles Watson were elected members of the section. The program as presented was as follows: "Notes on the teaching of "by G. S. Fraps.

Dr. Fraps gave some account of the instruction in dyeing at the A. and M. College, with a description of some of the difficulties to be encountered. Scrap books were exhibited, prepared by students which contained dyed samples exhibiting the different of dyeing, and the- fastness of the colors.

(2) "Systematic Acid Analysis," by A. S. Wheeler. Dr. Wheeler stated that he did-not know a laboratory that had a systematic analysis of acids.

He also stated that he and Dr. Baskerville had arranged a scheme that had proven most satisfactory 'with students at the University. (3.) "Recent Work on the Phtaleins," by Lnarles Brewer. Prof. Brewer gave a carefully pre-pared review of literature on this subject supplemented by a description of wont by himself and other co-workers.

4.) "A New Constant Temperature Bath for Atomic Weight Work', by Chas. Baskerville. A drawing of this bath was exhibited and Dr. Baskerville stated that it had proven very useful in his hands for the purpose "stated. (5.) New Apparatus (a) "Soil Digestion Bath," (b) "An Improved Condensing Bulb Tube for Nitrogen Determinations," by C.

B. Williams. Drawings of these two pieces apparatus designed for rse in the" laboratory of the North Carolina Department of Agriculture were submitted by Mr. Williams, also a description was read. The designer stated that these two pieces of apparatus had proved valuable acquisitions to the laboratory with which he is connected.

(6.) Nitrification of Ammonium Sulphate and Cotton Seed Meal, by W. A. Withers and G. S. Fraps.

The conclusions drawn by the from their extensive pot experiments on nitrification are: (a) Ammonium Sulphate in some cases hinders nitrification. (b) In nitrification of ammonium sulphate sulpnaric acid is produced" and hinders nitrification unless neutralized. (c) Soils differ in their action depending upon the kinds of bacteria that are Dreseot. two he decided to change the punishment and announced that if the defendant would pay a tine of $300 and the costs, which amounted to about $200, he would strike out the sentence of confinement in the penitentiary. "The defendant immediately went over to Beaufort county, his distance from New Bern, for the pur pose of raising the money, which he did after some difficulty.

He hurried back to New" Bern with the money and 'deposited the same, that is, the amount of the fine and costs, in "the hands of the Clerk, and went to the Judge "and asked that the sentence be stricken out as he agrsed to do. Greatly to the astonishment of the defendant he learned that the Judge had no power to do so, the court having adjourned for the term. The Judge immediately wrote to the governor setting out the facts as herein stated and concluded by saying "I earnestly l'ecommend upon the defendant payinir the $300 and all the costs that he. may be relieved of the judgment aa it now 1 "If this was the caso on the civil side of tne docket tne Judge worna nave full power to correct his judgment by application to the onrt and notice to the other side, but it is not so in criminal matters. The only relief that cau be had is by an appeal to the governor.

It is a very clear case to my mind where the pardoning power of the governor is the equity side of the criminal law, and the only way for the clear purpose and intent of the Judge to be carried out in this case is for the governor to pardon the man. fixing the con- dition that ne pay the fine and costs. It seems from what I can gather from the facts that to put this man in the penitentiary for a year would be a very severe punishment, greater indeed than jit was the parpose of the Judge to in flict. Of course I do not know what the governor is going to do about the matter, he is out of town and will be i until the last of next week. This is one of the many perplexing questions that come before his Excellency in the matter of applications for pardon." (d) The relative number of organisms in the soil capable of nutrifying ammonium sulphate may be increased by continued addition to the substance and lime if such germs were originally present.

(e) Calcium carbonate is very helpful to nitrification. President Withers and Dr. Baskerville reported that the work of the section is being felt and appreciated by the outside chemical world. Dr. Baskerville presented a verbal report of the recent meeting of the American Chemical Society at Denver, Colorado.

The officers of the section are: President W. A. Withers. Vice-President Yv. J.

Martin. Jr. Secretary-Treasurer C. B. Williams.

Representative in the jCouncil of the American Chemical Society Charles Baskerville. DIGEST OF SUPREME COURT DECISIONS (Report ed by Jos. L. Sea well.) Koen appellant vs. City of Burlington.

A municipal corporation is not liable for damages resulting from the acts of its agent in enforcing a public law. j. S. Knight appelant vs. Asa Hatfield.

'From Moore.) It is proper for a judge to vacate an attachment pending trial of the action where it plainly appears from the pleadings that the plaintiff's action must fail. Defendant is not required to give bond where it appears upon the lace of the warrant that the attachment was issued irregularly. In the matter of the will of J. M. Worth.

(Appeal by caveators) from Randolph. The disqualification in section 590 of The Code applies only to a witness testifying in his own -ialf. the trial of an issue devisavit vel non, a witness, who is a legateo in a former will not shown to have been revoked, and also a legatee in the contested will, is not disqualified under section 590 of The Code unless it is shown that the legacy of witness in the former will is larger than his legacy in the contested If a question proposed to a witness suggests with sufficient certainty the facts intended to be elicited, this court will pass upon the exception to the refusal to admit the question, although its object is not specifically set out in the assignment of error. The failure of the. court below in this case to charge the jury more specifically (and an connection with other parts of the charge) -in reference to the inequalities of the distribution of testator's property among his children and grandchildren, as showing undue influence upon the, testator in the execution of the will, was error.

Peoples' National Bank, appellant vs. G. D. Hodgin. (From Forsyth.) An Act of Assembly will not be construed as retroactive in its effect unless such intention appears from the act itself Chapter G4Q Public Laws 1901, settlements of partnerships by surviving partner, does not apply to actions then pending and is not retroactive.

A. S. Clinard, Adm'r. vs. J.

G. White appellants. (From Forsyth.) The agent of a foreign corporation who superintends all its work in this state and has general charge of its employes is held to be its "managing agent" within the meaning of section 217 sub-sect ion. 1 of The Code and service of sumnions upon such agent is valid, where the plaintiff resides in this state and the cause of action arose here. The balance of the Dry Goods stock is going rapidly.

Bargains never offered before are here. We are out of the dry goods business entirely. Exclusively in the Furniture and Housefumishing business now. We have some very desirable goods in Dry Goods, Notions and Millinery left over. We want to make, a clean sweep quick; that's why we are cutting prices so recklessly.

What's here won't last long the ladies are coming -thicker every day. Quicker you come the better saving you'll make and the better we'll be pleased. No hold up; we are in earnest we want the room we don't want the goods; price is no object; our line is FURNITURE; we have no room or time to handle dry goods. Come and see what we offer. AT THE CHURCHES TODAY PRESBYTERIAN CHURCH.

Rev. E. Daniel, D. pastor. Services 11 a.

m. by the pastor, at 7:30 p. m. by Rev. It.

G. Pearson. Sunday school at 9:20 a. m. Seats are all free, and the public are cordially invited to all the meetings.

Ushers will find seats for all that come. The church and Sunday school room will seat 1,000 persons where they can see and hear the speaker. Services will held every night during the week. Mrs. Pearson's meetings are at 3:30 p.

m. during the week. CHURCH OF THE GOOD SHEPHERD. Rev. I.

McK. Pittenger, D. rector. Sunday next before Advent. Holy Communion at 8 a.

m. Suday school at 9:45 a. in. Service and sermon at 11 a. m.

Service and sermon at 7:30 p. m. Thursday, Thanksgiving Day, service and sermon at 11 a. m. Cash offering for Thompson Orphanage.

Offering of supplies for poor of city. Sr. Luke's Chapel, Cary, service and sermon at 7:30 p. ni. CHRIST CHURCH.

Rev. M. M. Marshall, D. rector.

Sunday next before Advent. Early Communion 8 a. m. Sunday school 10 a. m.

Divine service and sermon 11 a. m. Evening prayer 4:30 p. m. Services during the week: Wednesday 4:30 p.

m. Thursday (Thanksgiving Day) 11 a. m. Friday 10 a. m.

Saturday (St. Andrew's day) 10 a. m. Free seats. Strangers cordiaHy invited.

ST. SAVIOR'S CHAPEL. Itev. It. Ij.

Barae, minister-in-cuarge. Sunday next before Advent. Smidny school 10 a. in. Mcrning service and sermon 11 a.

m. Night service and sermon i p. m. Scits all free. Every one invited.

FIRST BAPTIST CHURCH. Services as usual by pasior. Dr. A. Marshall, otui l-ty sfhool meets at 9:30 a.

Mr. J. I. lioushail, superintendent A cordial invitation is extended to all to attend these cervices. EDENTON STREET METHODIST CHURCH.

Sunday school at 9:30 a. Joseph G. Brown, superintendent. Prechig 11 a. m.

and 7:30 p. m. by Rev. G. F.

Smith. FAYETTEVILLE STREET BAPTIST CHURCH. A. A. Butler The pastor will preach at 11 a.

m. and 7:30 p. m. A subject of much importance to both aved and unsaved will be used at each, service. Sunday school 930 a.

Jno. T. Pullen superintendent, A most cordial invitation to everybody to attend all services. HILLSBORO STREET CHRISTIAN CHURCH. Preaching at 11 a.

m. and 7:30 p. m. by the pastor, Murdock W. Butler.

Sunday school 30 a. conducted by Supt. Jno. A. Mills.

The pastor will preach on Temperance at the evening service by request of the Raleigh W. a T. Union. Public invited. SACRED HEART CATHOLIC CHURCH.

Father Griffin, rector. Twenty-fourth Sunday after Pentecost. Holy Communion 7:30 a. m. Sunday school 9:45 a.

in. High Mass and sermon 11 a. w. Evening service 7:30 p. m.

Mass daily at 7:30 a. ni. All arc cordially invited ito attend these services. CENTRAL METHODIST CHURCH. -Rev.

G. T. Adams, pastor. Sunday school 9:30 a. L.

H. Woodall, superintendent. Preaching at 11 a. m. and 7:30 p.

m. by tho pastor. Subject of morning sermon: "The Divine Fatherhood." The public cordially Invited. POSTSCRIPTS. Hon.

S. L. Patterson, Commissioner of Agriculture, arrived here yesterday from Scotland Neck, where he took part in holding a farmers' institute during the past few days. He said yesterday that there was ii large attendance, among nhem being many of the most influential farmers of that section, and all seemed deeply interested He heard very little complaint of poor crops in tlilt Section Mr. J.

D. Pott3, of Richmond, assistant general passenger agent of the Chesapeake Ohio Railway, spent Friday in this city, the guest of his brother, Mr. L. Potts, on Blount Prof. M.

RichmaB, of King's Business College, who is now an Hex Hospital suffering with appendicitis, was reported much better last night, and it is believed be will be able to resume his duties in the college in a few days. 214 S. Wilmington Street. -k filledwith the up-to-date Tlie Battle of the Civil Wr The campaigns and battles cf the Civil War were on a scale of surpassing magnitude. There were more than a score of single battles, sometimes extending over several days, in each of whiich the losses in killed and wounded on the Federal side were greater than the aggregate of all our losses in all our other wars combined.

How pa'try seemed the 5.000 killed in the war of 1812, or the War in Mexico, or the war with Spain, compared with the 14,000 at Shiloh, 15,000 at the Chieka-honviny, 13,000 at Antietam, the same at Fredericksburg, 10.000 at ChaiucoJ-lorsvEle. 23.000 At Gettysburg, at C'hickamauca, 37,000 til tho Wiidcr-ness, and 20,000 at The grand Aggregate destruction fairly staggers -tine ima-giartti-aa, aceu-stonlJd as we have been -for incite ii-ban generation to the figures; 93000 killed by bullets, 186,000 killed bj disease, dead from other causes ei grand total of 304,000, about on in nrae of every man who wore th-e uniform. In no other war in time has such respect been paild to tlie dead. Immediately after its close tlie 'Socretairy of War was directed Ocmgncss "to secure suitable burial places and to bavc these grounds enclosed, so that the posting places of the 'honored dead may be kept sacred In seventy-nine separate and distract national cemeteries the bodies of nearly soldiers w-ho daed during the ChU War are interred, and the decoration of theflr graves with flowers on a fixed day has become a national custom. Some of the cemeteries contain each a silent army of over 30,000 soldters, in seniicd marked by the whito headstones, on nearly half of which 5s inscribed "unknown." The weeild may be searched in vain for -anything simiaar or kindred; there as no other such impressive flight.

Gen. F. V. Greene, in Scrib-ner's Magazine. (Pittsburg Dispatch.) In taking every precaution to prevent a surplus to tempt the cupidity of appropriation seekers.

President Roosevelt and his advisers have done well. A surplus is an invitation to extravagance, and leads invariably to disaster for 'the party in power. That is the political as. pect. There is also the greater economic consideration that unnecessary taxes are a waste and a hindrance to real prosperity.

Mrs. Leil'and Sanford has returned to San Framtisco after a journey to Egypt, where she purchafwd for 'the Stamford Museum a TemaTkable private collection of Egyptian antiquities, treasured and supplemented by ia wealthy foreign rasi-demt of Cairo AND FURNISHINGS VV 6 Have uau nuuiiu iu guu u.ui vuwv uuuuu. uuu. wii.au XUlu SUre would please you. We are proud to say that our efforts have been successful -rrra.

no -i-v-n rl to rVj ntxr TrftTl UTi-tO JOOOds ill fi3.n"h pnartir nnf mv- and are prepared to show you up-to date goods eaoh department. we This means a good deal, for we show you NOT what was -worn1 YESTERDAY, butj what is being worn by the best dressed people in the fashionable centers Today CROSS LINEMAN; Up-to-Date Clothiers and Furnishers.