davidaulloa/AmericanStories huggingface dataset:
The San Francisco call., 1898-05-17

good one. and many of the items were encored again and again. The place or was taken by Pietro Marino, and the young VI an California artist did exceedingly well, his playing of Weiniawskrs l Polo. t1- naise in D major was a treat, "IiIle nls rendition of 'St Patrick's Day brought down the house.
 The visions of art were very good, ana, in fact, so was every item presented. me Orpheum will surely satisfy the crowos that will attend this week.
The San Francisco call., 1898-05-17
SAN FRANCISCO CALL.

BUSINESS OFFICE of the San Francisco Call, corner of Market and Third streets, open until 12 O clock every night in the year.
 BRANCH OFFICESt527 Montgomery street. corner Clay; open until 9:30 o'clock
 3S7 Hayes street; open until s:5o Q CLOCK 621 McAllister street: open until s:30 o'clock 6l5 Larkin street; open until 9:3o o'clock Is4 Mission street: open until 10 clock 2261 Market street. corner sixteenth open until clock.
 1o6 Eleventh street; open until cio.N 2526 Mission street; open until COCA 1505 Polk street; open until 9:3o O'CLOCK. NV. corner Twenty second and hehtucAy streets; open until o'clock.
The age-herald., 1898-01-05

nie, aged IS, and Jennie, aged 12. Jennie is at home.''
 MT. Lipscomb asked: "when did Annie leave home?"
 Objection was at first raised. but with drawn.
 Annie left home three months ago. She Is now ifl Munson, Pa.
 The "Barkeep" on the Stand
 Harry Anderson, Collins "Barkeep' was the next witness on the stand Anderson Is a young man and said he had been in the employ of the defendant since the latter part of October or November 1. He was present when Howell is alleged to have accosted Nellie Collins in the saloon on Monday afternoon before the killing. The principal difference between his testimony and that of the girl was that he alleged that Howell slapped Nellie Collins on the shoulder and said: ''Here, come with me-" Nellie Collins testified that he slapped her on the shoulder and said, "Howdy." The "barkeep' did not see any interference on the part of the defendant.
 Direct-Was bar tender for Collins one week ago. Saw Mrs. Collins and Nellie on Monday evening before the shooting I knew a man by the name of Howell. I saw him that evening in the saloon. He was there at the same time with Mrs. Col lins and Nellie. He came at the same time and did not remain after they left. He drank small" whiskey with setzer and lemon 'behind" it. She was standing at the cigar case with me. MT. and Mrs. Col lins were talking on the outside of the saloon He got his drink and came around from behind the horseshoe" mirror and tapped Nellie on the shoulder, saying, Here, come and go with me- She paid no attention to him. Mrs Collins and Nellie went up stairs and came down again. Howell had taken two drinks. Mrs. Collins said to Mir. Collins, Come on and go home. He said, No, that he would meet them at tho postofhce in twenty minutes He handed her half pint of wine had fixed up for her sick child. When Mrs. Collins and Nellie left Howell sat down his drinks and went out behind them. Howell had on a light overcoat and slouch hat. I re- member distinctly about the overcoat be- cause noticed it when he tapped Nellie on the shoulder.
 Cross--Was born at Covington. Ga. Had
The age-herald., 1898-01-05

based that he could not entertain malice.
 The law then ascribed his act to man. slaughter if 1t was not through maiice.
 The law intimated that after a man had
 quit drinking and delirium tremens set in and he committed an act under a delusion Lit might be considered an evidence of in-
 sanity. We hold" said he. "that this
 witness should be held down to the particu-
 lar date after Frazer went in the saloon."
 He contended that the evidence tended to
 show that the defendant was not drunk
 when the crime was committed.
 Justice Tillman sustained the objec-
 tion.
 The witness again testified that Collins
 was very drunk and unable to attend 70
 business intelligently.
 In the cross-examination the witness
 said he was a miner and had known Col
 lins for three or four years. Had been on
 a visit to him since September l. He was
 with him merely for pleasure and did not pay boardl When Attorney Allen (prose- cution) began a line of questions to show
 the witnesses competency for judging a
 drunken man, the defense objected on the grounds that the state was bringing out
 what it objected to in the direct examina- ton.
 Attorney Lipscomb (defense) spoke
 against the alleged inconsistency of the
 prosecution, saying it took a position one
 moment and objected to it the next. The cross-examination was nothing, if not amusing and Morton still adhered to the opinion that the defendant was drunk very drunk. He said when Frazer came in the saloon he and Collins were discuss ing a family matter.
 Did he understand what Frazer said?" He Changed Color "He listened and when his wife and daughter were mentioned he changed color | a httle."
 The witness in explaining the defend ants acts said that once during the night when he was supposed to be asleep ne heard Collins making a noise When he went up stairs he found him trying to turn handsprings and somersaults. Here Collins looked at the witness with | an expression of mute resignation. | On, redirect testimony it was proven that the defendant only went home once during | the ten days and then he was assisted and | persuaded.
 Nellie Collins was here recalled but re-
The age-herald., 1898-01-05

Allen said: "You come about as near 1t as anybody ever saw"
 The .Henglishman'' was very dear friend of the defendant. had taken care of him during his spree and thought he was drunk unto unconsciousness from Dec. IS to the 27th.
 Direct-Have konwn Collins several years. Was at his place Monday evening. Saw Frazer come in there late, about o'clock. I had been talking to Collins. He had re- tired to the colored bar. When Frazer came he called him and all went up to the front bar. Fraser asked Collins to go home saying his wife was frightened. He said someone had been following them and in suited his daughter, and in struggling With the man his daughter had torn her clothing and Mrs. Collins had called on him for as- sistance. Frazer said he went to see and the man pulled revolver. He was un- armed and couldn't do anything. Collins
The age-herald., 1898-01-05
afflrmed her former testimony.

affirmed her former testimony. <
 J. M. Horne testified that he saw Howell Monday evening, and that Frazer told him he was following Collins wife and daugh- ter. He was present when the arrest was made He said Collins was drinking-was stupid, and acted like a man half drunkf In the cross-examination Horne said that Nellie Collins said nothing to him about her cloak being torn when he went homo with she and her mother.
 Tho Negro "Barkeep'
 o. c. Clayburn, Collins colored barten< der. testified that the defendant was con4 sinually drunk from Dec. IS to 27. He ac-' companied him to Dolomite on Dec. IS. and brought him back drunk. He had not att tended to business, and one night started home without his hat or coat. He said Collins was in the front bar when Frazer came in on Monday evening. He ]4eard nothing of what transpired.
 Mayor J.. T. McEniry, of Bessemer, testiS fled that he saw Collins in his saloon beF tween and o'clock Monday afternoon. He said Collins was crazy drunk, and he would not talk to him on this account. The defense here asked for a ten nina utes conference with Hugh Frazer before putting him on the stand.
 Later adjournment was asked for, which was granted, and court will convene this morning at 10 o'clock.
The age-herald., 1898-01-05

l said: ''I shall protect my wife and chii- l dren." He retired to the refrigerator and l got a glass of beeer. He then departed with Frazer.
 The 18th of December was payday at Dolomite and it was customary for the
 business men to go there that day and col- 1 feet debts. Collins went and came back l drunk, very drunk. About 12 o'clock at 1 night I went into the bar and Collins was l still drunk I went to the room over the l saloon where we were sleeping. When l l came down in the morning I was surprised l to find Collins there by the stove still drunk. He was under the influence of | liquor and could hardly walk. He was under the influence of drink until the shooting. Had been intimately associated with Collins for about eight months. Had Been Brooding Over Trouble
 Isn't it fact that Collins had been l breeding over trouble connected with his oldest daughter?"'
 "Yes, sir. Very much worried; very much
 annoyed. He often told me that his family was very much abused It worried him very much and he talked to me in refer- ence to the matter almost every day. think the cause of these drunks-
 
 off by an objection from Solicitor Ferguson on the ground that witness was giving an opinion, and fierce argument ensued. Attorney Lipscomb said a non-expert could give his opinion after giving the facts. An expert could give his opinion without recitng any facts ' H@ "Do you want to prove the defendant crazy in a preliminary trial?" asked So- licitor Ferguson.
 "We want to prove the whole truth" was Lipscomb's reply. He said if Collins was non compos mentis on the day of the tragedy he thought the court should know it. A man is not guilty of murder in the first degree when he was known to be a non compos mentis. He had the same pro- lection as a child under six years of age. The "Iengllshman" sat staring at the ceiling as his "perpetual' motion was hung up for the fireworks that issued in every direction from the attorneys, as the argu- ment, like a rolling stone, gained in veloci- ty every moment.
 Solicitor Ferguson declared that he l thought the defense had conceded all along | that the plea of insanity could not be en- l tered in a preliminary trial. We do not l object to testimony on drunkenness" said
 he, but we do object to Mortons conclu- l sions.'
 l Attorney Lpscomb said this testimony l was admissible in the attempt to reduce the charge to manslaughter. The defense
 intended to press this point, and he wanted court adjourned until they could look up some authorities.
 l The Attorneys Argue
 There are no authorities" said Solicitor l Ferguson. l "They have been rubbed out since last l night, then," retorted Attorney Lips | comb.
 Attorney Lowe called the courts atten- tion to the fact that every crime was bail
 abe unless it IS to be punished capitally.
 twill the prosecution deny us the right to | prove that this crime is not in the degree punished capitally" appealed the attorney. It was only by a recent act that the plea l of insanity had to be made special one
 "That is enough" said Attorney Allen. 1 Solicitor Ferguson: Suppose his honor
 should try the question of insanity and find
The age-herald., 1898-01-05
SHORT LINE
To All Eastern and Southeastern Points-s
 Southern Railway.

The shortest and quickest line to all points east is the Southern Railway. Through Pullman Drawing Room Sleep- CTS. dining car service and elegant equipA ment. Leave Birmingham 5:55 a. m., arr rive Washington 6:42 next morning. and New York at noon.
 Afternoon train, Seave Birmingham 4:15 p. m., arrive Washington 9:2b nexe evening, New York 6:s0 next morning. This route Is over the Pennsylvanis railroad from Washington, through Bala timore ard Philadelphia. Pullman sleeps CTS, without change. tQ New York.
 J. F. BILLUPH, T. F. A.,
 2O19 1st Ave. Telephone 617t
The age-herald., 1898-01-05
Special meeting of Trades' Council tonight. Important.
To the Unemployed.

If you are unemployed and want posis ton you may advertise for one In The Ages Herald free during the entire week. The Age-Herald wants every one who desires work this year to have it.
The age-herald., 1898-01-05
Will Pay Dividends.

New York, Jan. 1.-The National Shoe and Leather bank which lost its entire surplus of s250000 and s140,O0O in addition by the defalcation of it's book-keeper, Samuel c. Seeley in 1884, announced today that the payment of quarterly dividends of per cent will be resumed. In the last two years the banks deposits have grown S2,0OO,0O0, and there is now a surplus of s10O.000 and undivided profits of S54,155
The age-herald., 1898-01-05

There are lots of men in our town who
 are wondrous wise, They drink six-year-old McBrayer and laud
 it to the skies; And when they find their bottle empty, With all their might and main, They rush right to M Wise & Co. And have it filled again. 12-22-wed- -fri-sat-tf
The age-herald., 1898-01-05

the defendant to be a raving maniac, what power of disposal would he have?"
 Attorney Lowe said no court had right to commit man to the asylum when he was tried for crime. He referred to a de- cision of the city court of Montgomery, holding that it was unconstitutional for any jury to commit a man to the insane asylum who had been tried for crime He held that any point of evidence tending to show the condition of a mans mind rreyi- ous to or at the time of an act was mate- rial. Tt is your honor's duty to discharge
The age-herald., 1898-01-05
EXCESSIVE DRINK
 PLEA OF COLLINS
Continued From First Page.)

 came up. I found my dress was torn when he turned 1t loose I did not show the cape and dress to Mir Albright, Mir. King or any one except mamma and Mrs. Col lns, my sister-in-law. I told MT. Frazer and Mir Horn before the shooting about the man following us. My mother told no one before the shooting in my presence. My mother told MT. Albright, Mir. Horn, MT. Albright, Mir. Wilson and Tom AL bright were told of the man following us. I did not tell MT. McCreary about my dress being torn.'
 Did you hear MT. Frazer make any com plaint to any oficer?"
 No, sir. I heard him ask the man what he was following us for. He was not un- der arrest at that time That was after l had told MT. Frazer about my dress and cape being torn.''
 T did not notice Mir. Frazer go back to his saloon after telling us good night. He caught up with us again at the postofhce. was not at my fathers saloon at any other time that day. I saw the man as we were going towards papas place, coming from Meyers saloon. We stood in front of the screen and could see back of the bar and into the saloon. The man put his hand on my shoulder twice and said 'howdy.' He took drink of seltzer. My father did not call him around to treat him to seltzer. Harry Anderson waited on him at the bar. Papa was talking with mama when the man drank his seltzer water.
 Redrect-I saw Mr. Film when I got home. He lives near us. Mir. Finn came to town with us after the shooting.
 Re-cross-"I can't say whether mama told some one that she had gone to the sa- loon to sign up some papers to sell the place and was afraid man was trying to follow her and rob her or not. l did not hear her tell any one that. My sister was sick and mama went down town to get some ginger. Mama took no drink at papa's nor anywhere else.
 Looking for Papa.
 "When Mr. Finn came back with us we were going down to see why papa did not come home. He said he would be home in twenty minutes. We were scared to remain at home.
 q have two brothers and two sisters. My brothers are Alex and John. The lat ter is at home My sisters names are An
The age-herald., 1898-01-05
been in Bessemer of and on for six years.
 Collins Was Inebriated


 Redirect Twas there when Hugh Frazer came. It was about half an hour after Howell left until Frazer came. Frazer call ed Collins from crowd where he was drinking. They held a consultation at front of bar and I don't know what they were saying. Collins and Frazer remained there not over ten minutes. No one le1t with them. Collins took something to drink be- fore Frazer came. Collins had been under influence of whiskey since December lO. He had been drunk, out of his head, didn't know what he was doing. On December IS, it was payday at Dolomite and he got drunk there. Monday he was drunk and Tuesday he went off on the Louisville ana Nashville train. He was drunk all the time from December IS to the 27, when the killing occurred. Did not know where he went on the train. He was on spree and said he wes going up the country.
 What was his conduct on days proceed ing the killingg' asked Attorney Lipscomo.
 ''He was quiet and stayed in his room most of the time. He come down Christ mas day." answered the witness.
 Cross-Had no regular occupation. Had personal acquaintance with Howell for two years. First became acquainted in saloon on Caroline avenue. Howell was light thinker Took a small drink in Collins saloon. Did not know whether he was under influence of whisky or not. If he was he did not show it to any extent. He did not say "howdy'' to Nellie. Was Sure About It Are you sure of that?'
 | eff he did, did not hear it." | He put his hand on her shoulder ana l said; Come here with me-" He did not I speak to Collins unless he did it on outside | of the saloon. Collins did not say anything | when he put his hand on Nellie's shoulder. | MT. and Mrs Collins were on the outside | talking. They might have heard it if the talking had been loud. They could not see | inside.
 "Are you sure Collins did not say, this | is my daughter? "
 "If he said anything, I didn't hear him. | He might have said it while I was wait | ing on customer. Nellie didn't make | Howell any answer, and he went behind | the "horse-shoe' mirror and took drink. Frazer called Collins off when he came back. I could not hear what was said. Did not see Collins get pistol. Did not give him pistol
 "Did you ever tell anybody about this?"
 ''Not to the best of my recollection" "Did you tell MT. Houppert anything?"
The age-herald., 1898-01-05
SITUATION WANTED.

kind in store or office Well acquainted in the mercantile business, having had quainted in the city. Can furnish good reference. No objection to leaving the city. Address Willing" Age-Herald of- WANTBD-A woman of superior educa- position. Will take anything respectable which will pay as much as $10 per week, Address .10," care of Age-Herald. 1-5-6t WANTED-A position by a 14-year-old boy for evening and Saturday. Best of ref eIH,e; erence Address Address E. L. C., care of Age WANTED-situation, experienced sales. man, age s5. Can act as assistant book. ban6 n figures and wEts fdt -ty. c. B. K., .sOe Eth street; 1-5-et WANTED-Employn1 by an honest, BirmingRRa%m m eight years as clerk, post man, agent, grocer. dealer in fresh meats and bookkeeper. Can give. best of refi Have small family and must have work at best pay possible. But must have caqa wSFk oe st sema pase Address K 1sf 1 WANTED-Situation by a young man. would prefer groceries. Can give Al ref erences from former employers. Address T. B. Box 26S. l-5-6t WANTED-Position by a competent shoe salesman. Can give best of references. and work cheap, by the year. Address W. w., care this office. 1-5-6t WANTED-A position as bookkeeper for any set of books or produce manager for produce house. Reference and bonds Address Lock Box 26, Cullman Ala
 1-5-6t
 WANTED-Stuation by young man as bookkeeper or general office assistant, Eighteen months at last place. Best references W. w. w., care or Age f1erdiu. " WANTED-sftuation by a drug clerk, long experiences; good habits; best references. Address Drugs" care of Age-Herald. 1-5-3t
The age-herald., 1898-01-05

Remember Hoods Sarsaparilla is the only true blood purifier. Then take only Hoods.
The age-herald., 1898-01-05

Attorney Lpscomb objected, saying MT. Hoppert was not sworn and this would be mere hearsay testimony. MT. Houppert was not sworn.
 Solicitor Ferguson asked that MT. Houp- pert be sworn. pointing him out in the court room.
 Attorney Vaughan said that the witness rule was adopted at the instance of the state. All of the attorneys for the defense raised an objection at once, saying that Houppert knew by the predicate that had been laid what he would be wanted to testify.
 Attorney Allen said the purpose of the to get additional facts. Houppert was sworn and put under the rule.
 Anderson said on the resumption of the cross-examination that he did not tell Houppert that Frazer came in the saloon and told Collins something and then Col lins asked for his pistol and "broke" it to see if it was properly loaded. Witness then admitted he did see Collins get his pistol, but said he did it just as usual to carry home. He got it before his wife or any of them had come in the saloon. He saw nothing unusual in Collins manner after the conversation with Frazer. The only business Collins did during the day was to pay Houppert for some beer. He counted out the checks and got the money and paid him. Collins was on trade for some property. The papers were being drawn up Monday. but were not signed. When he left he said "Good-night: look out for things
 "You didn't see anything to indicate that Collins and his wife saw the man tap Nell lie on the shoulder?"
 "No."
 You are. sure you did not hear any conversation between Collins and How ell?"
 "Yes."
The age-herald., 1898-01-05
"An Henglishman"

Anderson was dismissed and T. R. Nor ton, with Johnny Bull' very much in evil dence, was the next witness. He was an
 "Henglishman" strictly and his manner and brogue created much amusement. At times he talked very loud and when crowd ed by the attorneys in the cros3examina- tion he remarked that he was not ''perpet- ual." This elcited laughter, as Attorney
The age-herald., 1898-01-05
MUST BE SOLD.

n ROOM RESIDENCE; all modern convene Q fences; 65 feet front; 7O4 North l7th Street. House cost $4, 300 to build. Price S3,5OO. Will carry $2, ,O00. Apply at once.
 w. B. LEEDY 6 CO.,,
 1l4H 21st Street.
The age-herald., 1898-01-05

TO CURE A COLD IN ONE DAY Take Laxative Bromo Quinine Tablets. All druggists refund the money if i. fails to cure. 25c. 9-23-9lt.
The age-herald., 1898-01-05

WANTED-Position by a competent shoe salesman. Can give best of references, and work cheap, by the year. Address " ". care this office. 1-5-6t
The age-herald., 1898-01-05

WANTED-Situation by a young man, would prefer groceries. Can give Al ref erences from former employers. Address T. B. Box 263 lott
The age-herald., 1898-01-05

WANTED Situation by a, sober and push ing young man. Must have work at once. Address c. B., care of this office. 1-4-et
The age-herald., 1898-01-05

WANTED-A position as bookkeeper for any set of books or produce manager for produce house. Reference and bonds Address Lock Box 26, Cullman Ala.
The age-herald., 1898-01-05

WANTED-A competent stenographer and office man desires position. Best of ref erences. Address Energy" care of Age Herald. 1-4-3t
The age-herald., 1898-01-05

WANTED Situation by young man as Eighteen months at last place. Best references. W. w. w., care of Age Herald. lott
The age-herald., 1898-01-05

WANTED-By stenographer and book keeper of experience and ability, po- ent employer and others. Address at once Lock Box M," Montevallo, Ala.
The age-herald., 1898-01-05
SITUATION WANTED

FOR RENT-Butcher shop and outfit in grocery store. Apply 413 18th street, SQlIfh 1-4-2t