davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1901-10-23
cHAMBLEE ct al V. COLE.
Sc . . . . . . . . ' . q |
Petition to Vacate Void Deoree-Appea
 from Probate Court of Jeffersln.

IeIlIlOn to NachIe NOlQ beCTee-Appedl
 from Probate Court of Jefferson
 l. Vacation of void decree: subsequent term; power over valid decree--Every court has the inherent power to vacate It's void decree, even at a subsequent term and should do so on motion; but if valid, its power to alter at subse- quent term Is limited to the correction of errors and omissions apparent upon the record
 9. Presumption as to validity of de- cree of court of limited jurIsdiction-No presumption is indulged in favor of the decree of a court of limited Jurisdiction; all Jurisdictional facts must appear up- on the record.
 3. Exemption to widow and minor children before administration; turisdic- ton of Irobate court-The statute alone confers upon the probate court authority to set apart to the widow and minor children exemption before administrat tion, and in the exercise of that authority 1t is a court of limited Jurisdiction.
 {. Petition to set apart exemption to widow and minor children; turisdictional averments-A petition to set apart to widow and minor children homestead exemption before administration under the statute Code, Section 2097, Code of 1896 Section 2562; Acts or lSs6-St p. ilOs which simply ayers that at the time of the decedent's death "he owned with out any incumbrance, a plantation which does not exceed 160 acres or two thou- sand dollars in value" does not contain the necessary statutory averments sur f1cient to confer Jurisdiction upon the probate court; and a decree rendered setting apart the homestead, is absolute ly void, since the statute requires that the petition should allege that all the real estate left by decedent does not ex- ceed 160 acres in area and two thousand dollars in value"
 Opinion by Tyson. J.
The Montgomery advertiser., 1901-10-23
Rapid Transit M London

Engineering Magazine.
 Briefly summarizing, rapid transit Tn London and its suburbs depends upon a widespread and radical application Of electricity, and this is of even more im- portance than the creation of new tun- 1 nels. The latter should be built accord" Ing to well-matured plans, under cen tral authority, and form network foi- lowing main arteries of traffic, and with outlying districts and suburban stations. The roads should form part of a gem eral system, under a single manag ment and responsibility. Classes should be abolished, one regular rate of fare es- tablished, with workmen's fares 'n linn ited hours. and there should be free exchange except on limited routes, or within two zones.. Locomotive practice should be abolish d. and trains operated in small units which could be combined at will Electric trans shouId be pro- Vided in place of many of the bus lines on crowded streets, and radiate from every terminus of tubular railways and from most of the suburban stations. Every steam railway should equip at least it's suburban service with cleo tricity on a plan which permits of va- riable train lengths, plural control, high schedule speeds, and the maxim Lm of existing trackage,
The Montgomery advertiser., 1901-10-23
Parade of the Mail Coaches.

Good Words.
 The great day of the year for the mails was the Kings birthday. when all the coaches were paraded in Lincoln 2 Inn Fields and drove through the chief streets of the West End before the more serious business of the evening commenced For the occasion all coaches were made splendid with fresh paint and varnish, and the horses had new sets of harness. while the coach cries of scarlet and gold and wore mighty nosegayA Special teams of horses were used on this great occasion many gentlemen. lovers of the road lending their own teams to. join in the procession-all gayly decked out with flowers and ribbons. snermans malls this day wore handsome harness of red morocco. Tn the front of the procession rode the Inspectors of Mails; then came the Bristol mail, as the oldest on tho road, the real, being brought up by the mail carts. Numbers of gentlemen in- terestcd in coaching rode with them on horseback.
The Montgomery advertiser., 1901-10-23
grantee as against creditors who were de- frauded in the original transaction.
 Reversed and rendered.
 Opinion by Dowdell, J.
EGaLESToN V. rHE sTATE.

Indictment for Embezzlement.-Apnea from the Circuit Court of Colbert. 1. Embezzlement: constituents thereof. Where one. after acquiring the posses | sion of money as the agent of its owner, for the purpose of changing 1t or having 1t changed. conceives the fraudulent tn- tent to convert 1t to his own use or the use of another or fraudulently secretes 1t with the intent of converting 1t to his own use or the use of another sucn person Is guilty of emoezzlement.
 O question for the Jury.-On trial under an indictment fer embezzlement. where t is shown that there was money handed to the defendant for the purpose Of having 1t changed and there was evidence tend% ing to show that after receiving the money the defendant secreted 1t about his person. and that when he went to get money of smaller denomlnation. while the evidence for the defendant tended to show that he gave to the person from whom the change was sought the money which was handed him, 1t is questi9n for the jury to determine whether the defendant had the intent to frauduleptly convert the money to his own use. or to the use of another. and further, to deter. mine whether he fraudulently secreted ie with such intent.
 3. Charge to the jury.-On a trial un- der an indictment for embe1zlenent Of a twenty dollar gold piece, where there IS that the twenty dollar gold piece was handed to the defendant in order for him to change 1t, or to get 1t changed, . charge is erroneous and property refused which instructs the jury that "If from all the evidence you can not say to moral certainty what become of the twenty del- lars 0f there was any twenty dollars) then you would not be authorized to con- vict the defendant.
 {. Same: same.-In such a case, a charge is erroneous and properly refused which instructs the jury that 'If the de- Tn uNnd faith mt the money the counter for change and Wash Child ress got and kept 1t and converted it then the defendant would not be guilty. If there is a reasonable doubt from the ev- idence as to whether defendant converted it or not. you should acQuit him."
 g. Same: good character.-In a criminal case. charges %b the jury which instruct them that good character may generate a reasonable doubt so as to authorize an acquittal when no such doubt would arise in the absence of such testimony" are erroneous and properly refused.
 Affirmed.
 Oninion hv Tyson T.
The Montgomery advertiser., 1901-10-23
Voices and Nationaliticz

Musical Record anI Review.
 Is the Neapolitan musical? I think rot: inc repetition of two tunes with out seeking a change proves something, and the rs sncorous character of the Nea- noIitsn voice proves more. It is a sub ject for the scientists ;odd this matter matter of mode of use that affects it? For exam pie. Russia is the natural home of the ba sso profundo: Spain is the country Of tenors and has been fro rom the time SCadiI1 singers brought high prices in inc % sIavt market; France produces mezzo snnranos in nrofusion; England. con- traltos; America. sopranos; Naples; pure SGT eamers-and no one as yet Knows why.
The Montgomery advertiser., 1901-10-23
The Empress Frederick .

Fortnightly Review
 In Germany they never understood her, never knew her; and she remained timid and cautious-looking to the end. Almost her last public appearance south west of the Elbe was at the unveiling of her dead husbands statue upon the battlefield of Worth in the autumn of 1S95S- She arrived at Strasburg the day
 before the ceremony, The precautions taken to guard royal personages in Ger many appear much less elaborate than over here. It may be that the crowd of people who hocked round the very Deau- tiful Strasburg station that September of the secret police. That fact. as the present writer will vouch for, made 1t no more easy for the Dowager Empress to reach her carriage. The crowd was and consequently obstructive. At last her gentlemen had to carve a lane; and the coachman had to start the horses very slowly so that horses and carriage might get through the crowd of onlook- CTS without damage. If her appearance then can be taken as any criterion, the publicity must have been painful to her. It was the same next day at the grand unveiling ceremony. when she had the support of her son, and her daughter in-law the reigning Empress, very se- rene and smiling beside her. The depar- ture of these two royal ladies after the ceremony was over occasioned gracious little incident, which at least one on- locker will always remember. Accord ing to etiquette, the Empress Victoria Augusta entered the carriage first: but she remained standing until her mother in-law had also entered and was seated: and even then she did not sit down her self until she had arranged a shawl around the Dowager Empresss shoul- ders. Then for little time the cu- rious, noticeable shrinking disappeared. only to return when any attention was directed toward her. as, for instance, when, in the course of a speech the Emperor spoke in dangerous accents of Meine Hohe Frau Mutter." True, her ing for the appearances Of pain that envelOped her in her drives abroad round Cronherg and Homburg during the summers of 1897 and 1898 But that habitual suggestion of timdity, of keep Ing her words and emotions locked up from the outside world came to her very early in her married life.
The Montgomery advertiser., 1901-10-23
Great Liberalitv.
InniIetic Raview

I1OmlIetIC feNItW. :
 One day in November. 1900. was called upon to conduct the funeral of an aged bachelor. who had three brothers all noted for their stinginess. I drove twelve miles to the church house, con- ducted a service, and then drove one mile to the graveyard. After burial one of the brothers asked me to stop at his he asked me what I charged for my service I told him I never made any charges. but always left 1t to the nber- ality o. the friends. After saying that A funeral deserves something good" he went and brought two of the largest
 sweet potatoes I ever saw; As he put them in the buggy he said: Now. don't you and your wife eat till you make yourselves sick"
The Montgomery advertiser., 1901-10-23
The English Hop Harvest.

saturday Review. :.
 This very season we happen to see that a firm of Oregon hop brokers re- ports that that single State hopes to harvest from 5000 to 100000 bales. Eng fish hops have the solitary advantage that the best brewers consider them su- perior in delicacy. though they are said to be inferior in preservative value. Be- fore heavy import duties were removed things were very different. Hop grow ing then was speculative. as now, but there were fabulous prizes and far fewer blanks. Neither thought, nor science. nor skill can reckon with the caprices of and shelter. One district, or even one particular garden. may do admirably well. while. all around are dismal fail
 ures. In the old days the fortunate gatherer of a good crop in a bad season could almost fix his own prices. Now the prices can never rise above a mod crate level Formerly, the most primi- tive practices were still In force; the gardens were generally left to the mer- cies of Providence, and no special pre- cautions were taken against the gales, the blight, the lice, and the red spider. Now SCI eens of csnV2s ir 9so or netting are quarter and at Oldham and elsewhere hedges of great strength and height are carefully cultivated; the tendrils are trained on a string from pole to pole, in the fashion of the giant hops of Wurtemberg or Baden; and the vines, when they show symptoms Of disease. are carefully washed with chemicals and hand pumps Even manures or various kinds and qualities are scientifically ap- piled, according so as to force or check the growth, according to the promise of the weather. Consequently the ig- norant poor man goes to the wall. and even the wealthy grower when he re- cords a brilliant success. finds deal of the gilt gone from his gingerbread And. If British hops arc to hold their own against cheaper foreign imports. both care and expenditure must go on increasing. It is only the leading brew CTS who will pay for a first-class native article. and the brewers with great reputation are fastidious. What they want Is a we'll ripened hop. skillfully dried and carefully managed. so as to leave the cone unbroken, that the resin and other aromatic qualities may be preserved.
The Montgomery advertiser., 1901-10-23
The Time for Planting Bulbs

The New Lippincott.
 There Is no definite rule 70 be laid down as to the leneth of time in which bulbs should be left in cold storage. As a general thing, top growth win not begin until root growth is completed. his nearly always takes from six weeks to two months. It is therefore generally safe to begin bringing October-planted bulbs to the living room in December. Those desired for later towering can be left in cold storage. where they will re- main dormant as to top growth. By bringing bulbs to light and warmth at cure a succession of bloom which makes 1t possible for us to brighten our win daws with their beautiful flowers 1ur ing the greater part of winter.
The Montgomery advertiser., 1901-10-23
On the Right Line.

IN6BI5ItT.
 Governor Jelks is eminently on the right line. When the sheriffs of Alabama be- come impressed with the fact that the Governor of the State will stand to them and protect them in the discharge of their duty, we will find that there will be much less hesitancy on their part to discharge duties, for the doing of which they may for a season incur unjust criticisms.
The Montgomery advertiser., 1901-10-23
Who Was Complimentedp
Brewton Banner.


 Was it compliment to President Roose- welt to dine with Booker Washington, or a compliment to Booker to dine with the President? We do not know what is mennt by such familiar equalization with the brother in black" but we do know it is enough toN jar tho ordinary white Southerner, and Is not likely to "dine" well on his "craW"
The Montgomery advertiser., 1901-10-23
Too Many Experts.
Brewton Gauge.

bTVWIOH NdUBe.
 Pennsylvania Is a nice sort of a State. A green goods man there was allowed to turn State evidence and get off scot free while his victim was sent to jail for try ing to buy the goods. Amateurs in crime always get the worst of it in Pennsylva- mia. There are too many experts there.
The Montgomery advertiser., 1901-10-23
Something Coming to Him.

Shelby SenupeI
 It is claimed by correspondent to Montgomery paper that Chiffon County will give a majority for the new Consti- tuition. Holy smoke! The home of L. H. Reynolds too. He now has a good, big 'holler" coming to him.
The Montgomery advertiser., 1901-10-23
The Anti Pistol Crusade.

The crusade is on in Colbert County and should be in every county in the State. The practice of carrying concealed pistols Is a growing disgrace to any common wealth. Public sentiment should be free ly expressed along this line and the prac- tice would soon be stopped.
The Montgomery advertiser., 1901-10-23
They Will Mix,
Monroe Jol

MonrOe JOurnaI.
 A citizen of Glade Springs, Va, en route home with an unusually heavy load, sank down in the road with his jug beside h,m. A heavy rain during the night overfiowed and drowned the inebriate. And yet some claim that water and whiskey won't mix
The Montgomery advertiser., 1901-10-23
Must Be Amused.

Talladega Reporter.
 Man must be amused. He must be en- tertained. He must have variety. He Is going to, and goes occasionally. in spite of his wife's frown and his preachers s caveat. to where great crowds do congre- gate.
The Montgomery advertiser., 1901-10-23

Oneonta Democrat.
 General Uribe isn't dead after all. That is, one of him isn't dead; we don't know about the other,
The Montgomery advertiser., 1901-10-23
HEAD NOTES OF THE DECISIONS
 OF THE ALABAMA SUPREME COURT.
' q A A . . AA@ . . z .

the manner of filling vacancies. etc, is not violative of Section ?, Article ", of the Constitution. declaring that each law shall contain but one subject which shall be clearly expressed in its title"
 Affirmed.
 Opinion by Tyson, J.
The Montgomery advertiser., 1901-10-23

color of pressed flowers have been suggested but the best. 1t is said. is that used in the New York Botanical Garden After the speci- mems have been under pressure for day or TWO they are iaid in papers heated in the sun and this is repeated until the drying is completed This, it is said. preserves the colors psTfectlya
The Montgomery advertiser., 1901-10-23
Would Taste as Well.

Cullman Democrat.
 The Monroe Journal calls a ''possum" "marsupial'' We suppose a marsupial nicely baked would taste just as well as possum.
The Montgomery advertiser., 1901-10-23

The death penalty for murder has been re stored in Colorado and Iowa In both states the Imprisonment for life experiment. reelt@d in A largely increased list of homietdes Ihere are now only four States in which the ceeSn penalrS is not innicted-Wisconsin. Michigan Maine and Rhode Inland.
The Montgomery advertiser., 1901-10-23
Don't Poison Baby.

E0RTY YEARS AGO almost every mother thought her child hav
 PAREGORIC udanum to make sleep These drugs will produce s FEW DROPS TOO MANY will produce the SLEEP FROM WHICH THERE IS NO WAKING Many the children who have been killed whose health has been ruined for life by udanum and morphine each which narcotic product of opium Druggists prohibited from selling either of the narcotics named children a anybody without labelling them son The definition of narcotic" is "A medicine which rsGa poisonous produces d The and smell of medicines containing opium disguised and sold under the of Drops Cal" Soothing Syup" You should permit any medicine given your children without you your physician composed CASTORA DOES NOT TAIN NARCOTICS if it bears the signature of Chas H. Fletcher
The Montgomery advertiser., 1901-10-23

Tn the Irish counties there are advertised 667, 900 heres of shootings, and the rental asked is E7.SS5, a trihe over 2Ad per acre. In most cases, too, there are mansions at tacheds
The Montgomery advertiser., 1901-10-23
MoRRIssETT. exec. V. WOOD.
Action by Physician for Medical Servicei
 Rendered-Appeal from Montgomery

Action DY lnySlcld1 NASulCdi OCi NiSto
 Rendered-Appeal from Montgomery
 Circuit Court.
 i. Bill of particulars: office of-The of- flee of bill of particulars Is to ampl- fv the pleadings and more minutely spec ifv the claim or defense set up, so as to prevent surprise at the trial
 2 Same: right to bill; form of action When an account is the foundation of suit. 1t is immaterial what the form or action may be. the defendant Is entitled upon proper demand. to list of the items composing 1t, under the statute Code, Section S29O.
 3. Action by physician for medical services: account: assumpsit-The word account" as used in the statute Code. Section 3290). entitling the defendant up- on proper notice to a list of the items composing an account. when it is the foundation of a suit applies to an action of assumpsit brought by physician to recover for medical services rendered in the absence of a special contract.
 A. Same: effect of bill of particulars When a demand for bill of particulass has been properly made and the same furnished. the effect Is to conflne the proof to the items thus furnished.
 D. Same: same: charge of court-1n an action brought by a physician to recover for work and labor done at the request of defendants testator. or a bill of par ticulars having been furnished in com plance with a demand therefor, 1t is er- TOT to charge that the jury are not con fined to proof of the items shown by such bill.
 Reversed and remanded.
 Opinion by Dowdell, J.
The Montgomery advertiser., 1901-10-23
THE STATE OF ALABAMA ex re
 v. JAMES H. MCARY.

Statutory Proceedings in the Nature of
 Quo WarrantO-A ppeal from the Cir
 cult Court of Jefferson.
 1. Constitutional law; single subject 9g m 12o) entitled an act 'to provide the manner of selecting the police force of the city of Birmingham and to pro vide for the efficient management Of the police force of said city" which declares that the Board of Commissioners to se- feet the police force shall consist of seven instead of five members as orig inaliv constituted; that said board shall be elected by the people instead of ap- pointed by the Governor as provided in a former act and which prescribes the term of office of each member of the board. the time for their election and
The Montgomery advertiser., 1901-10-23
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WITH ALABAMA EDITORS.
Part of Him Alive.

O< < 4 4 4 4 Y < 4 4 < < 4
Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1901-05-30
Rochester News.
E. NJ. HARVEY, Local Editor.

L. w. Griswold was in Northtield Mon
day and Tuesday.
Scott Tower OF Tunbridge was in town
Tuesday ON fishing trip.
Mr.. and Mrs. Carroll Harvey were in
East Bethel Saturday and Sunday
Mr.. and Mrs. George Burdett OF Bran
don spent Sunday at her home here.
Mrs. Ii. FL. Cushman and Miss Jessie
Morgan spent Thursday in Brandon.
Mr.. and Mrs. e. IL. Edgerton and son
have been visiting friends IN Warren.
&C. Parsons of Boston has been the
guest of DIR. and Mrs. G. w. Emerson.
Mr.. and Mrs Amos Guernsey of Pitts
field have been in town the past week.
Mrs. A. B. Fish of Randolph spent day
with her sister, Mrs. f. A. kezer, recently.
Miss Julia King of Boston is with DR..
and Mrs. c. W Emerson for few weeks.
Miss Luna Aldrich is critically i'll with
diphtheria. Mrs. Beauregard Is caring Tor
her.
Roy Andrews and Clarence Young have
bought of Albert Burgess his barber shop
and take possession at once,
Mr.and Mrs. Wesley Henson and daugh-
ter went to Randolph Center saturday TO
visit Mrs Ida Cahee and family.
Miss Nellie Diekerman, who has been at
work for Miss Hall in her millinery store,
has returned to her home in Randolph
Miss Helen Stanley visited friends IN
/ Brandon last week. Her COUSIN, MISS
| Cynthia Brown, returned home with her.
Mr.. and Mrs. G. II. Shepard were called
/ to plattsburgh, n. ", last week by INT
/ death Of Mrs. Shepard's father, Saml An
mis-.
M N y ~ II viii meet with Mrs
Marcia Rhodes, Hancock, on Saturday al
+ ternoon, June |, at 2:SO cordial INVITA-
4 tion is extended 10 all.
The game OF ball played at Bethel satur,
day by the Rochester High school ant
4 Whiteomb High school mines resulted u
a score of 16 to Z in favor Of Bethel.
The baccalaureate sermon to the gradu-
uating class viii be preached IN the lon
gregational church by Rev Carleton HazeI
OF West Rutland, Sunday evening, June
at AS.
The town meeting which was calle'
Monday, May 26th, to see II the tow
would re-aifirm the vote TO bond the town
J in aid of the White River Valley railroad
was adjourned without date.
meeting held recently TO organize
local Old Home Week association Il
Rochester the following officers wer
elected: Pres, DIR. W. ID. Huntington
Isl vice pres, g. l.. Chaffee; I'd vice pres
Wallace Campbell; sec, Q. O. Spaulding
treas, g. Shirley; executive COM, +. I
Tinkham, Clarence Green, G. II. Wiley
Thursday, Aug. 10, was selected as Oh
Home day for this association. All are III
vited 10 meet with the officers at the tow
hall Saturday evening, June LIST, at
o'clock to form plans for the celebratlo
on the Old Home day above selected
Every citizen will confer a favor by r
porting the names and addresses OF forrn'
residents OF Rochester TO any of the aboy
a named officers.