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THE STUCKEY CASE Synops:s of Opinion of Supreme Court A Brooks Stocker, as administrator of -of Sarah P Dixon, decease}, respondent, vs the Atlantic Coast Lice Railway company of Sooth Carolina, appellant.-Pleading Re? dundant matter W anded fee?Bgs, grief -and sorrow as elements of damage. This was an action for $23,000 damages w alleged to hare been suffered by the children of plaintiff s intestate by reason of her death .caused, as alleged, by tbe negligence of de? fendant in violeot'y running its locomotive ?nd some cara backward against its cars io front of its passenger coach wherein tba de -ceased was seated and awaiting the departure of said coach, at Bisbcpville, for Bell's Crossing. The 5th paragraph of the complaint was as follows : .*V. That plaintiff is informed and believes that from time to time for ten days before tbe said collision at Bishopville oe the said 1st day of October, 1898, a portion of said train Mo which tbe engine was attached bad been negligently and without due regard to tbe Uves and safety of the passengers on said traia ruo against that portion of said tr ai o " to which the passenger coach was attached aod tbe conductor of said train of cars bad Deeo warned by a passenger OD said train, on or about the 21st day of September, 1898. that unless more care were taken by bis ?engineer ia striking the said two portions of said train together, soie passenger would be ?erioualy injured. Tnas notwithstanding ?aid warning tbe portioo of the train to wbich tbe engine was attached was ron against the portioo of the train to which be passenger coach was attached on aaid ?3t day of October, 1893, as ab ?ve referred to." Before answering, the defendant moved Judge Buchanan for an order striking out aaid fifth paragraph for irrelevancy and redundancy. Toe motion was refused aod the defendant duly excepted. The answer, in substance, embodied a. gen? eral denial. The jury found for the plaintiff $7,000, .aod a motion for a new trial was refused by tbe circuit court-Judge Tawoeend presiding. The defendant appealed The allegations io the fifth paragraph of the complaint were sot irrelevant to the case as made by the complaint, for if true they tended to show that the very thing s 'which it was alleged caused the injury com? plained of tn the case bad oeeo called tb the attention of the conductor but a few days before, as dangerous; and that notwithstand? ing such warning, a few days afterwards the disaster complained of did oesur from the very sane canse wbich the conductor had been warned waa likely to producs such a result.. The allegations io nid fifth paragraph of the complaint being pertinent to tba issue, evidence io support of such allegations was competent. T?cueh tbe reasens given for a ruling be unsound, yet if the ruling itself be correct it most be sustained. Where evidence shown to have been in? competent is stricken out, its original admis? sion is oo exception. If the trial judge erroneously admits certain evidence, and yet explicitly charges the jury that such evidence must not be considered in making up their verdict, such admission con? stitutes harmless error only. The circuit judge did not err ic refosicg to charge the jury that they could cot take is to consideration the wounded feelings of the beneficiaries, their grief and sorrow, aud in charging them that the j ?ry might take them into consideration, if tney found there was grief and it produced an injary . (Nobrdee v. Railroad, 37 S. E. R 228) The court sees no reason for departing from the view taken in Nohrdeu's case, based as it is on the express terms of the statute as coostroed ia the previous cases of Petrie, Strother and the ot ber cases cited in the c*se of Nohrden, which carried to their logical result the views presented in the pre? ceding cases Judgment below affirmed. Opiatoa by Mr. Chief Justice Mciver Filed April 9. Meiers J T. Barron, P-.rdy & Reynolds for appellant; Messrs. Fraser & Cooper, Thoa Moorman for respondent COUNCIL PROCEEDINGS. Minutes of Regular Meeting Held Last Night. Council met io regular session at 7 30 o'clock la3t Wednesday night. The following members were present : Mayor Stuckey, Aldermen Boyle, Chandler, Fina, ,Hurst, Rowland aod W H Epperson Mr. E C Haynswortb and otber3 present? ed a petition of citizens requesting that the drain pipe on Canal Street be continued from the present terminus a*, Bamo Street past their residences toward-? Turkey Creek, and to prevent persons from discharging sewerace into said drain bec-tose of the nangar t< bealth. The petition was granted and the city attorney was reques'ed to prepare a . ordinance requiring sewer pipes to oe ciiacon nested from ail drains and forbidding future connections of that kind. Messrs. Sol J Rvttenberg and T. P. Lynam representing Bose Reel Companies Nos. 3 and 2, respectively, were present to request that Chief of tbe Fire Department H. B. Bloom be requested to resign from the service Giv? ing as reasons therefor, (1) that it is detri? mental to the interest of tbe departmer-t tbat be continue as chief because a great maj jnty of tbe members have no respect for bim aod disregard his orders; (2) That they object to serve longer nader bim Mr Bloom being present stated that this action of the bose companies was a surprise to bim and requested that Council investigate the matter fully before taking action Be as? serted tbat bis orders have never been disre? garded ; and tbat this' attack upoo him grows oat of personal spite of a small num? ber of firemen. Mr. Bloom reported th^.t 600 feet of bose bad been received, and requested that a shed be built for the book and ladder track now undergoing repairs. At a later stage of the proceeding* the mat? ter against Chief of the Fire Department Bloom was discussed aod on motioo of Messrs Boyle and Cbaodl^r the foilowiog was adopted : "Whereas it appears to the City Council that friction exists between M.*. fl. B. Bloom, Chief of F:re Department, and members of the department, which :t i? feared will result in injury to future service, there fore be it resolved : That Mr. Bloom's r vices be and are berehv d^pens^d with " Minutes of March 27th and 28.h were read and approved A letter was read from Mrs. E. R. Epper? son offenug to donate land for a sidewalk along her premises on E-iSt Liberty street on condi'ioo (!) that the city put in terra corta or brick drain ; (2) cat trees into 8 or 10 fret lengths for her use; (3) replace old fence with new picket fence; (4) fill an old well rendered useless by city aram On motion of Mr Rowland 't was decided to out down the drain and fill the well, but no further action was taken. An offer waa submitted hy Mr JA. Schwerin for lease of Opera House for a tera; of fi^e years at $300 per ye-*r. wno privilege of renewal at maiimum rent that m*y theo be offered City to ba?e neces-t-ry repairs made, not to exceed $100, O'B'd-s a new drop curtain ; to have all electric lights re? placed and arrange price* for lighting to be paid by lessee Or, second, lessee to par $1,C50 for the five years and make ail repnirs himself. Or, third, leasee will make repairs, ex'-ep?- scenerv aod dron curtain, deducing $1 0 from rent Tbis < ffer was referred lo comnjirtee or ontv?c work-? Request of Cnief of Police for gummer uni forms w?3 referred to police committee witb power to act Oo motion of Mr Pion the captains of the two bose cojopimes w?.-e requested and em powered to serve ?s ^biri aod ?es'etaut chief of fire department aiter ately in terms ot three moMbs The Mayor *aa a^poit;ted to serve HS umpire on any question that might arise between tbe companies Tbe Clerk 3tated that he had declined to pav the Electric Light Co. a bill of $10 for lighting Opera House two nights tn Marcb, oecause bait the lights b?d oeen taken out, yet no deduction io charges bad beeu mad?. Tbis action was approved. Mr Hurst oiferei a resolution tbat the Electric Light Co be required to replace in the Opera House all lights taken out, and that th? City Attorney be requested to take steps to enforce perform? ance of tbis requirement Mr Chandler of fered as a substitute that Mr Boyle aod toe Cierk be requested to see the manager of the company acd effect, if possible, ao amicable settlement of the whole matter Tbe substi? tute was adopted, Mr Hurst voting t.ay. Mr. Rowland for special committee reported that it bad been ascertained that it would cost aboot $20,00 to pave Main street on to the A CL depot with Belgian blocks ; about $12,000 for vitrified ?rick ; macadam, $4,000 to $5,COO Councu decided to have the work dote with macadam under control of tbe special committee. On motion of Mr Fin? tbe finance committee were rtqaested to secure a loao to pay for tbe work Oo motioo of Mr. Hurst the Chief of Police was requested to make dilly reports io dupli? cate of all electr o Street lamps, hours of lighting, time of going out, absence of glooes etc., one report to oe filed io the city clerk's office, tbe other to oe seot to the Electric Light Co. Council tben adjourned. A Life and Death Fight. Kr W A Hines of Manchester, Ia, writing of hi? almost miraculous escape from death, says: "Exposure after measles induced serious lung trouble, which ended in consumption. I had requent hemorrbogos and coughed night and day. All my doctors said I must avon die. Then I began to use Dr King's New Discovery for Consumption, which completely cured me. I would not be without it even if it cost $5 a bottle. Hundreds have used it on my recom? mendation ?nd all say it never fails to cure hroat, chest and lung troubles-" Regular size 50c and $1. Trial bottles free at J F W De Loruae's drag store 4 -m~+^-*mm? Manning "Sews Items. From the Times. Marred bv Rev. W. M Connors. Sunday, March 31, at the home of the bride's grand? father, Mr R. A Ridgill, at Clarendon Mr. P. C Geddiogs and Miss Bessie Rideill, daughter of Mr. Geo A. R;dgill, of Davis. The Manning street railway bas received its paaseoger car, bot will have it over? handed before patting it io operation. Tbe car is one of the discarded horse ears from Charleston, abd bad been io Snmmer'oo some time where it wan sent tbroceb the influence of M*j R R Briggs for ?be pur pose of carryiog people to and from Sliver ?o church services, and became known as tbe "gospel car M The relatives and friends of Mr. Frank N. Wilson became alarmed last Monday morn? ing at Mr. Wilpoo becoming soddenly ill with ao attack of something like a collapse. Mr. Wilson was alone io his office, WHPD soddenly be topplei over. Fortunately Mr. Dickson was io hie offic?, which adjoins that of Mr. Wilson, and bearing a moan, jumped no and going into the next room, found Mr Wilson io a critical condition Restoratives were at one* appKed and the family sum? moned. Dr. Geiger wa* al?o peot for and after awhile be bad sufficiently recovered to be takcn home in a carriage The DPWS of Mr. Wi'son's sodden illness was recpived wirb much anxiety, and it was a relief wbpn it was learned later that b? was better. He is resting qiietly after another attack today. From the Fermer. Tb? Rev. J J. Mevpr* preached Ust Sun day afternoon at Fellowship church near town Mrs I M Bagoal and daocrhter, Miss Ida, 8psot a dar in Sumter lagt we?k Mr C E Stuohs, who bas been visiting at Mr. Ingram's bas returned to her borne in Sumter Mrs. Lee C. Harby. I itu in receipt of a letter from Mrs Lee C. Harby, the poet, who is on the presa com? mittee of the wom^o's department of th? prospective South Carolina Inter-Srate and W?sr Indian Expositlo-i Mrs Harbv ha9 a aorprisinar way of springing up in unexpected place* I knew ber when she was a gentle Texaa port ; the" as a contrast she be camp ?om?tbiog important in tbe Sorosis ro''?r, and ber big bean is eonptaotly takin? her into philanthropic duties as ber big Crain leads her into educational ones, and some? how ber offij-*8 ?vrealw*\8 unlike tb* preced? ing ones A moa: wonderful womao is Virp. Harby and one miy wager that she will be ? power to briog the Exposition to a successful isa oe S-veral New Orleans writers will contri*? ute a free will off-ring to tbe women's Exposition edition of the leading Charleston paper which Mrs Horby is working up aoxi! iary to the women's department-a one day issue Of" choree, the resort, artistically, journalistically and financially, will he al! that the press commit.ee deserves; ann" ti?at ia the best one could wish for it -N^w Or? eaos Times Democrat Glorious News. Comes from Dr. D. B. Cargile. of Washita. I T. Hewrires. "Four bottles of Electric Bit? ters bas cured Mrs. Brewer, of scrofula, which had caused her great suffering fer years. Ter? rible seres would break out on ber head and face, and the best doctors could give no help; but ber cure is complete and her health is ex? cellent." This shows what thousand?! have proved-that Electric Bitters is the bes! blood puri?er known It is the supreme remedy for eczema, tatter, salt rheum, ulcer?, boils and j running >oras. It stimulates liver, kidnevs and bowel?, expels poisons, help? digestion bui'ds up the strength Only 50 cents. Sold by J. F. V<*. L,aLorme. Druckst. Guaranteed. I 4 London, April i2 -It is announced that Elder, Dempster & Company the weil known ship owners, will send an expedition of experts from New Orleans to the British West African colonies to teach the natives how to grow cotion IMI 4KB CASTOR l A For Infants and Children. The Kin;} You Have Always Bought Bears the Signature of Aphorisms From Josh Billings. Sockoess H DO; always a surp sign ov nerit, bat it iz a fust rate way to suckceed Tbe hardest dollar for a mao to get is mu often the ooe he needs the mo?f Yang man, alwu^s play to wio-a game that aint worth winning aiut w:x-fh piayog The ohoice-t korupliment that kan be paid to virrew is. that the best lies we bay? are tuoze which most resemble the truth Mi friend don't o*ver strike a dog tbare never w*z a dog yet who bad baff a chance, who didn't lav samboddy <?ls?> better than be laved himself Yang mao. don't git down on yore knees before the world-if ya do, it won't be long before toe world will insist apon yar9 gitting down a peg "lower Mon ov moderate abilitys .make the be*c compaDyaos-men ov grate wit may be compared to a grate fite, yoo kant git rear eonff to it to git warm, without gitting burnt The farmers of South Georgia are catching on to the sugar cane The Macon Telegraph says the farmers of Lowodea Chanty will bare io cane this year about a thousand acres and several other ooanties will do as well. Chicago, A pi il 10-Armour In? stitute ID this city which owes its existence to the late Philip D Armour, will tomorrow receive an ? additional $1.000,000 to its endow ment, the money coming from Mrs. P D Armour and J Ogden Armour, the widow and son of the founder. Birmingham, Ala . April 10 -The plant of the Dimmick Pipe company at North Birmingham, employing 200 men, closed down yesterday because a deputy tax collector seived garnish? ments on the employes for non pay? ment of poll tax. Pleasure in Store for Readers of This Paper The opening chapters of a most delightful story will appear in these columns soon-a story that will he read with pleasure and in? terest, we are sure, by all who begin it It is entitled I By Joseph A. Altsheler 1 % The plot is laid in R?volu- % X tionary days and the three x important characters are an j? |> American cavalryman, a $ % beautiful English girl and a i? f most intelligent horse. The X <g young man makes the girl Jj & a prisoner of war. From ?j> |> intense hate of her captor <?> x the feelings of the heroine |> change by gradual stages to x I that of loyal love. The J> |> feeling extends to the horse <| x and is reciprocated by both ? X man and beast. The story x <| is charmingly written. J> |> Watch for the First Chapters f sMrilnifili ?jMnk* ?hirifctt ?nlttnfr ?rifcUj >i ?A? vi* ifctj I Three Papers a Week | S - ? POR ABOUT T^E I I PRICE OP ONE. I if This paper and the Atlanta | Jj Twicer Week Journal for % Here you get the news of % || the world and all your local | ? news wliiie it is fresh, paying f if very little more than one % 'I paper costs. Either paper is | a well worth $i.OU, but by ape- * S cial arrangement we tire en- % jj abled to put in both of thom, | ? giving titree papers a week e ? for this low price. You cnn- * H not equal tin? anywhere else, | ? and this combination is the j. % best pre ni lu m for t hose who | j? want a great paper and a t ?i home paper. Take these and ?. |? you will keep up with the % I times, f ?ji Besides general news, the & j Twice-a-Week Journal has f I much agricultural matter | .3 and other anides of special s ?I interest to fanners. It has % J regular contributions by Sam | i Jo;tes, .Mrs. \V. II. Pelton, s I John Temple Graves, Hon. % ?J C. II. Jordan anti other dis- | g tinguished writers. * A Call at this ofiicc and leave your - h subscriptions for bo?li papers. You r if cati ?Ct a sample copy of either pa- ^ per here on application. ? I e Baby's is very much like the blossom? ing of a flower. Its beauty and perfection depends entirely upon the care bestowed upon its parent. Expectant mothers should have the tenderest care. They should be spared all worry and anxiety. They should eat plenty of good nourishing food _ and take gentle exercises. This will go a long way toward preserv? ing their health and their beauty as well as fiat of the little one to come. But to be absolutely sure of a short and painless labor they should use Mother's Friend regularly during the months of gesta? tion. This is a simple liniment, which is to be applied externally. It gives strength and vigor to the muscles and prevents all of the discomforts of preg? nancy, which women used to think were absolutely necessary. When Mother's Friend is used there is no danger whatever. Get Mother's Friend at the drug s :ore, SI per bottle. THE BRADFIELD REGULATOR CO. ATLANTA. OA. Write fur oar free boole. " Before Ea>)jr li Born." ATLANTIC COAST LINS. TRAFFIC DEPARTMENT. n n n ni WiliDiogtoti. N. C., April 8th, 1901. Fast Line BETWEEN Meston aid CfllmWa and Up Sot AND NORTH CAROLINA, CONDENSED 8CHEDULE Going West. I In Effect Jan'y I Going Eaet No 52 I 13ib. 1901 j No C3 *p in Lr Charleston, S C Ar 8 30 LT Laoe8, SC Ar 6 43 LT Somter, SC Ar 5 35 Ar Columbia, 5 C Lv 4 15 Ar Prosperity, SC LT 2 49 Ar Newberry, SC LT 2 34 Ar Clinton, fi C LT 1 53 Ar Laurer.-s, SC LT 1 16 Ar Greenville, S C LT 12 01 a m 10 Ar Spartarborc, S C LT 1145 m am 13 Ar WiDo6boro,SC LT 10 18 10 Ar Cbirlotte, N C LT 8 10 m am 11 Ar HendersoTiile. N C LT 9 02 15 Ar Asheville, N C Lr 8 60 ?Daily. Nos f2 ind 53 -olid traios between Charles? ton and G ree OTU le, S C. H M Eme.-eoc, Gen'l Passenger Agent J R Ken ly, T M h merson, Geu'i .Manager Traffic Manager NATIONAL BANK OF SUMTER, STATE, CITY AND COUNTY DE? POSITORY, SUMTER, S. C. Paid up Capital.$ 75,000 00 Surplus find Profits - - - - 25,000 00 Additional Liability of Stock holden? in excess of their stock. 75,000 00 Total protection to depositors, $175 000 00 Transacts a General Banking Bustoess. Special attention given to collections. SAVINGS DEPARTMENT. Deposits of $1 and upwards received. Ic terest allowed at ibe rate or 4 per cen;, per annum, on amounts aboTe $5 and not exceed? ing $300, pavab'f- quanerly, on first days o< January. April, July nnd October. R M. WALLACE R. L. EDMUNDS, President. Cashier. Tie L?rmst an? Most Collete MWmi\ M Geo, S. Hacker & Son, -MANUFACTURERS OF DOORS, SASH, BLINDS, Moulding & Building Material. office and Wnrerooms. King, opposite Can non Street, CHARLESTON, S. C, PnrrbHrf our mnke. which we guaractf stip'rior to any sold South, and then-br anve monev Window and Fancy Glass a Specialty October 16 -o tfhoe?rWomen The equal of any high-grade $$. and $6. Shoe but at half the price. The only advertised woman's shoe awarded a medal at the Paris Ex? position. Fifty-eight styles to select from in high shoes and low shoes-$2.50, $3, ?3.50. Stylish, comfortable. The Shoe that wears ! For street, house or dress occasions. Made and guaranteed by G. NV. Herrick & Co., of Lynn, Mass., who have been making nothing but womens' shoes for the past thirty-eight years. WALSH'S SHOE STORE. 32.50 $3.00 $3.50 TABLE LA2?P. THE NULITE. 750 CANDLE POWER ARC ILLUMINATORS OUT DOOB ASC. Produce the finest artificial light in the world. Superior to electricity or gas. Cheaper than kerosene oil. A 20th Century Revolution in the Art of Lighting. They darkness into daylight tum, Ana air instead of money burn. No Smoke. No Odor. No Noise. Absolutely Safe. They are Portable. Hang or stand them any? where. We also manufacture Table Lamps, Wall Lamps, Pendants, Chandeliers, Street Lamps, Etc. The best and only really successful Incandes? cent Vapor Gas Lamps made. They sell at sight. Each burner 100 caudle power. Nothing like them. Good Ag* ts Wanted. Write forcatalogue and prices. Chicago Solar L%ht Co. SLSM WEDDING GIFTS In Fine China, Bric-a-brac, Bronze, Clocks, American Cut Glass, Mirror Plateaux, Sterling Silver and fine Plated Ware, etc. Showing finest line of Goods ever exhibited in Sumter. SEE OUR WINDOW DISPLAY. E. A. B?LTMAW, Jeweler and Watchmaker, MAIN STREET. Oct 31 Eggs and Chickens* Barred Plymouth Rock Eggs, FROM FINE STRAINS OF FOWLS At $1 per sitting of 13 Also a few young Cockerels for sale, 1ST. GK OSTEEN. Onion Sets-leading varieties. Also assortment of Garden Seeds. Havana Segars. Large line of fine Havana Segars. Toilet Articles. A choice line of Toilet and Fancy Goods to which atten? tion is invited at DeLorine's Drug Store. The Air We Breathe Contains Oxygen and Ni? trogen in the proportion of one to five. ORS. STARKE/ & PALEN'S1 COMPOUND OXYGEN Contain* Oxygen aou Nitrogen - the former greatly in ix.n>8 - czic?-,?o? i?? very soluable io wa? ter. Bear liberates it ; it is rajfo info tbi* loog? by inhalation, ab f> "i-tied by the blood, wbyj?i it puri?e* and so go??s directly tr ?be x^ar of ali diseases >?nd for nor 200 rae?1 treatise ; ?. r. free. DRS. STAKEY & PALEN, 1112 Girard Street, Philadelphia, Pa. San Francisco, Cal. Torooto, Cal Frh 13-6m FOR SALE. BARRED PLYMOUTH ROCKS AND SILVER WYANDOTS. All fine and shipped on approv? al. At South Carolina State Fair Oct. 29th, ray Barred Rocks won 1st Hen, 1st Cock, 2d Pullet, 2d Pen and tied Biltmore for best exhibit. EGGS, - - $2 per 13 J. A CULLTJM, Jan 30-4o3 Ridge SpriDff, 8 C The Commoner, Issued Weekly, William J. Bryan, Editor and Publisher. LINCOLN, - - Nebraska. Terms-Payable in Advance. OneTe-r, $1.00 S'X Montb9, .60 Three Vjootbs, .35 Single Copy, .05 No traveling canvassers are employed. Terres fur local agents will b* sent tipoo application All rooney should be seot by P O order. Express order, or by hank draft on New York or Chicago. Do not send inoividual cbecks or ?rampa Subscribers of the Watchman and South? roo can get the 1 Commoner" at club rate, 75 cents a year L rai k (Oft, Fire Insurance Agency, ESTABLISHED 186*. Represent, among other Companies - LIVERPOOL & LONDON & GLOBF NORTH BRITISH ? MERCANTILE HOME, of New York. UNDERWRITERS' AGENCY, N. Y. LANCASTER INSURANCE CO. CHI.ital represented $75,000,600. Feb 28. Estate of Mrs. Anuida H. fofaea* "]^To 11- E i? hereby given t?nt the onder sijiDed Rwcnrors of the last Will and 'J^i.rjjfM of Mrs Armida H Cohen.de ce-is-d, will, on ths first Monday in May, .?it, (A f> . 1901.) apyly to the Judge of Pro?jaie for Sumter Countv, in tbe State of Sou^h Carolina, at bis office io the Court HOUSP for 84id County, for a ?oal discharge MS Executors a9 a*or?said. J D HARBY, SOL EMANUEL, ALTAMONT MOSES, Mcb 20-41 Executors.