davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1901-09-10
SAID THAT MIR. GULF
WILL GO TO LOUISVILLE AND
 NASHVILLE.
Statement is Made That He Will Suc- ceed MT: Graham as First Vice ~- President of That Road-Wi1l
 Return to His First Love.

The topic of conversation in local rail- road circles yesterday was the rumor that Traffic Manager Culp of the South ern is to succeed Mr. Graham as First Vice President of the Louisville and Nashville. Mr. T. lC. Powell is. next to Mir. Culp-Assista1t Freight and Traffic Manager-and in all prooability will be moved from his headquarters in Louis- vile to i'll the vacancy caused by MT. Agent of the company and l.. Green Is Assistant General Freight Agent, both having their headquarters Tn Washing ton. Whether Ed Mel or Green will succeed MT. Powell remains to be seen. but Aiabamians, especially Montgome- rians and Selmians sincerely hope that the former Selma boy will be made As- railroad world tsg we'll known.
 Speaking of MT. Culp St. Louis pa- per says:
 It is said that the vacancy caused by the death of Vice President Graham Of the Louisville and Nashville. will be filled by JohpeM. Culp, Traffic Manager of the Southern Railway. MT. culp conn menced his career with the Louisville and Nashville in 1870 as clerk. Eight General Freight Agent and then General Freight Agent of the lines north of Mont gomery, except the St. Louis and Evans Ville divisions. In 1880 he was made Gen eral Freight Agent of the entire system. MT. Culp filled the position for eleven years, when he quit the service of the Louisville and Nashville Company to take as Assistant Fraffic Manager. Seven years ago Nr. Culp took service with the Southern Railway as Traffic Mana ger, which position he has since filled.
The Montgomery advertiser., 1901-09-10
ss.s*~@.~~~s~. HEAD NOTES OF THE DECISIONS s
 OF THE ALABAMA SUPREME COURT. !
as sA~~xssss s~s.ssss4 .

ADMR.. V. NORWOOD, Bill in Equity by Administrator to have
 Conveyance of Land of Co-surety De-
 clared Fraudulent and the Lands Sub
 jected to the payment of Debt due
 Complainant's Intestate.-Appeal from
 the Chancery Court of Jackson. l. Bill to set aside fraudulent convey ances; Is suit for recovery of land; gov erned by statute of Limitations. Dill hied by an existing creditor of a grantor ! to have set aside a fraudulent convey ance of land by the debtor, is a suit In governed by the statute of limitations of ten years. (Tyson, J., dissenting)
 g.. Surety and existing creditor Of cor surety: when action can be maintainea co-surety from the date of the execution of the common obligation. and as such is entitled to protection, against a fraud at any time subsequent to the execution of the common obligation; but he can not maintain an action to enforce his right until the demand becomes due and g. Contribution: when right of action accrues.-The right of contribution at law or in equity accrues only when one surety pays more than his share Of the
 {, Right of surety to maintain bill against co-surety to get aside fraudulent conveyance; statute of limitations Of ten years. .-WhcIe a surety on an admiuis- trator's bond, before the final settlement of the administration, conveys lands to s third party. his co-surety can at any time within ten years after the final settlc- ment of the administration, maintain q bill to set aside said. conveyance as fraudulent against him as an existing creditor. although the grantee in said conveyance had been in the continuous possession of the property so conveyed. claiming 1t as his own, for more than ten years before the fling of such bill; the cause of action of the complainant tI such rot he wing accrued, and, therefore, the statute of limitations not having commenced to run, until the final set tlement of the administration. which was within the ten years necessary to com plcte the bar under the statute. .tTyson. J., dissenting), holds that under the statute Of Limitations of ten wears, which is a statute of repose, the grantee, by his adverse possession of the lands, acquired an absolute and indefeasible title thereto, which was a complete defense to the maintenance of guch bill.
 Reversed and relnanded.
 Opinion by nowdell, J.
The Montgomery advertiser., 1901-09-10
JOHNNY NELSON DEAD.
Famous Bicycle Racer Dies from
 Operation.

Y ohAOAS oASySAS ASNSSN ASS ~ASN@A
 Operation.
 New York. Sept, 9.--John Nelson, the young bicyclist of Chicago, who was in- 1ured in his race with Jimmy Michaels at Madison Square Garden last Wednes- day night, died today at Bellevue Hos pital.
 Heison's left leg was badly lacerated by one of the wheels of his motof-tandem. to prevent the spread of blood poisoning. but he did not recover from the shock of the operation.
 Nelson was q years of ages
 With the close of the present racing season Johnny Nelson would have figured in the results as the most successful rid- CT from a financial standpoint. It is doubtful if any of the riders have sue ceeded in making as much money as the Swede had up to the time of his death.
 The little Swede was hard worker and times this year as In the past, he has been second and third more times, prob ably, than any other rider. 4
 During this season Nelson has never reached what he believed to be his best condition, and therefore his admirers and packers hoped for great things had he lived. He has been exceedingly unfortu- nate both as regards accidents and with hts motor machines. He has been thrown several times and received several inju- ries, none of which were very serious un- til the one WednG sday night which result ed in his death this morning.
 Nelson has always been a favorite with the cycle lovers, he always riding to win the race and his many friends and sup pOrters learned with regret of his death this morning.
The Montgomery advertiser., 1901-09-10
GIBBS V. THE STATE.

Indictment for receiving personal prop
 erty knowing 1t to be stolen-Appeal
 from the City Court of Montgomery.
 l. Trial and its incidents: when mol prosse as to one of special counts of in- dictment not erroneous.-Where an in- dlctment contains two counts, 1t is per- missible for the court to allow the solici- tor. after demurrer is interposed to the indictment by the defendant on the ground of misjoinder of counts. to enter a nolle proseaui as to one of said counts
 9 Receiving stolen property; when general affirmative charge properly re- fused.-On a trial under an indictment charging the defendant with receiving property knowing 1t to have been stolen, and without the intent to restore it to the owner, the general affirmative charge re- quested by the defendant is properly re- duced from which the jury might infer the ownership of the property to be in the party laid In the indictment and a guilty knowledge on the part of the de- fendaDt.
 B. Same: admissibillty of evidenee-on a trial under an indictment charging the defendant with having received a pair of shoes, knowing them to have been stolen and without the intent to return them to the owner, testimony by mem Der of the firm named as the owner of the shoes that the shoes which had been stolen were of "a pattern of the shoes his firm sold" is admissible in evidence in connection with other testimony, as tend ing to show ownership of the shoe as laid in the indictment.
 Affirmed.
 Opinion by Dowdell. J,
The Montgomery advertiser., 1901-09-10
A PROPOSED ROAD
From Montgomery Through a Good
 Country.

.Coosa Democrat.
 No section of country in Alabama is more in need of a railroad than the ter ritory from Montgomery via Goodwater to Anniston and no country is moro needed by the railroad. Such road would run through one of the finest farming sections in Alabama and would open up a way to- market for millions of dollars worth of fine timbers. gum. oak and hickory, now going to waste. Clay coun- ty is embraced in a territory of five thou- sand square miles which has no railroad but is said to be rich in mineral, iron, copper. etc. A road running from Mont gomery to Anniston would tap this large territory and surely make a profitable in- tFestment for the builders of the road since 1t would open up a way through a country rich in natural resources that no lies idle for the want of access to the outer world. This road would also open up a way to Alabama's natural summer resorts The hills and mountains of Hatchet Creek, the mountains of Good water and Chandler Springs are all known as pleasant summer resorts. High elevation, good water. pure mountain air with the natural scenery along the Ratchet, and views from the mountains all combine to make an ideal summer re- sort in few hours ride of Montgomery, Birmingham, Mobile and convenient to any city in the South.
The Montgomery advertiser., 1901-09-10
NO FURTHER CONFESSION.
czelgosz Made No Additional Ad.
 missions Yesterday Morning.

Buffalo Sept 9.-Czoigosz has made no additional admissions to the police off, rials and nothing that they have learned from him has added toward a solution of the criminal side of the case. He still insists that he alone conceived, planned and carried out the crime and that he alone must answer for 1t. He admits that he attended meetings at which Elm ma Goldman spoke and where he and his fellow anarchists discussed their pro- paganda of murder. but steadfastly de- nies that any of them had a part in his plans. His talks with them were fairly general, he says. and he did not divulge to them any feature of his scheme to kill the President. His statement on that feature made on Saturday created the impression that he acknowledged n general talk with. his associates on this particular crime. but he now says there was no justification for that impression. He is to be subjected to another exami- nation by Superintendent Of Police Bull and District Attorney Penney, but the results are prOblematical. The stories that the prisoner is wearing out physi- caIly and mentally under the strain of his crime. imprisonment and the ordeal of questioning Is denied by the police
 who say there Is no appreciable change in his general condition. They admit that he was clever enough to avoid ad-
 missions of a damaging character on ground outside of his general confession. Offer for Western Maryland Railroad.
 Baltimore, Sept. 9.-Mayor Hayes an-
The Montgomery advertiser., 1901-09-10

Mrs. W. J. Yielding, Miss Olivia Yielding, A, J. Camp, Mrs. C. H. Davis. Harry Durns, Mrs Mccarthy, Miss Annie Car ney. Miss A. c. Vigo. Robert r; Alswortn. Miss Ida Beggs, Miss Jennie Beggs, Miss Lizzie Stevens, Miss Blanche Stevens, Miss Cecicelia Nolan, Miss Sarah Neal, MT. and Mrs. w. L; Howard. Mrs; C. MT. and Mrs. c. F. Wheelock, Miss Ger trude Wheeiock, Miss F. W. Graves, Miss M V. Graves, Birmingham: Felix Me Gill, Miss Mamie Planck, Misses Sarah e. and Fl. Garner. Mrs. M. Dunlap. Mrs. F. Hass, Mrs. L. Loungroubber. Miss Martin Harst, Miss Bessie Hass. MT. and Mrs. W. T. Lincoln, Mrs. H. H. Lane, W. 1T. Lane, Miss Lane, W. T. Holt, Miss Lizzie McEavy, Rev F. C. Doyle. E. H. Bixer, Jr., Mrs. E. H. Bixer. w. D. Men son. Mrs. R, H. Boiling, Miss J. McP. Taicott. pr, F. H. Dennis, A. C. Comp ton. n. I. Hallett, Mobile. ,.
The Montgomery advertiser., 1901-09-10

nounced this afternoon that he had re- ceiyed an offer from syndicate to pay &, GOO OO0 for the city's interest in inc Western Maryland Railroad. He also m ance of the offer. The sum which is now proposed to pay for the road Is about twice as much as has ever been omeren reg in the past, and comes within SSo9VOo nf coverfn@ its indebtedness to the city. The oficiaIs of the system and others well informed in such matters, say that inc city's Interest ought to be worth m the neighb0rhood of N3.OOO. .MO, especlaily if if can he shown that 1t comprises prac- tioaIIy the entire system. as Is contended hv the city law department.
The Montgomery advertiser., 1901-09-10
CARROLL v. THE STATE.

CAHhOl4lL v. IFE SIAl6. Indictment for assault with intent to
 murder-Appeal from the City Court
 of Montgomery.
 1. Reasonable doubt; charge to the iury-A charge requested by the defend- ant in a criminal case, which instructs the jury that "A reasonable doubt may arise though there is no probability Of mOny, and if the jury have not an abid- ing conviction to a moral certainty of his guilt, then they should find him not guilty" is free from error and should be given.
 2. Same; same-A charge which in structs the jury in a criminal case that "a reasonable doubt is a doubt for which to mislead the jury and is properly re- fused.
 3. Evidence: admissibility thereof-ln a criminal case, where 8. witness for the defendant testifies to his having made certain communications to the defendant, 1t is not competent to prove by such
The Montgomery advertiser., 1901-09-10
COTTON CROP OF 1eoo.
Yield Compared With That of the
 Year Before.

Washington, Sept. 9.-The Census Bu- reau today issued preliminary state ment of the ascertainment of the cotton production of 1900, and also gave a state ment comparing the production of that year with the production of 1899. The statement shows that in 1900 there were produced 10, ,4S6.179 commercial bales, as against 9645.97 commercial bales in 1856 The showing by States is as follows in commercial bales:
The Montgomery advertiser., 1901-09-10
SIX UNDER ARREST.
Men Charged With Assault Upon
 Two Girls.

Knoxville. Tenn, Sept. 9.-A Sentinel special from Madisonville,. Tenn, says with assault upon two daughters of a widow residing near that place:
 Two other men charged with assault are at large. Excitement is high over 'Is Both girls are said to be in a serious condition.
The Montgomery advertiser., 1901-09-10
Elected Officers.

- The Montgomery Legal Club last night elected the following officers: President,
 E. F. Baber. Jr.: Vice President, Horace Hood, Jr.; Secretary, H. M. Hughes;
 Treasurer, l.. J. Bugs; Attorney ienefal'
The Montgomery advertiser., 1901-09-10

In Leipzig the tram cars are furnished Mltn some weekly journal, and leafet giving par ticuiArs of theatrical and music hall perform ances The reading matter hangs on hook at one end of the car. and passengers may take it to their seats for perusal
The Montgomery advertiser., 1901-09-10

Mir. J. H. Adams of The Ozark Star, has been spending & day or two in Mont gomery, the guest of his brother, Mir Jesse c. Adams.
The Montgomery advertiser., 1901-09-10

MT. R. K. Steiner and son Robert, left yesterday for Exeter. N. H., where Rob ert will enter Phillips Academy to pre- pare for Harvard.
The Montgomery advertiser., 1901-09-10
THOMAS V. THE STATE: E.. ,s

Indictment for murder--Appeal from the
 City Court of Montgomery..
 i. Homicide; accomplice and conspira- tor; charge to the jury--On a trial under an indictment for murder, where It IS shown that the deceased came to his death by being shot by one of three per- sons, who were present at the time, and there was evidence tending to show that the defendant, while he did not fire the fatal shot fired at the deceased, was with the person who fired the fatal shot, encouraging him and ready to assist him if necessary, the defendant is guilty of ths crime committed, although there may have been no previously formed purpose of agreement between him and the other two persons to do an illegal act; and. therefore, charges which withdraw from the jury the question of defendant's culp- ability as an immediate alder or abettor in the offense. are erroneous and properly refused
 2 Same; same; same-In such a case. if the defendant acted maliciously with the slayer and his other associate and shot at the deceased. 1t Is for the jury to say whether such conduct on his part was for the purpose and had the effect of encouraging the slayer to fire the fa- tai shot: and a charge which pretermits this consideration in its instruction to the jury, is erroneous and properly re- fused.
 Affirmed.
 Oponion by Sharpe. J.
The Montgomery advertiser., 1901-09-10
THE PASSING THRONG.

State Senator J. H. Nunnelee of Sell ma, is in the city. He is an applicant for the vacancy in the office of Circuit Clerk which will soon occur by the res ignation of the present clerk.
The Montgomery advertiser., 1901-09-10

State Senator w. D. Dunn of Clarke reached the city last night and will bt here for a day or two.
The Montgomery advertiser., 1901-09-10

witness what a third party told him pre- yious to inc commission of the alleged offense by the defendant. there being shown no connection between such state ment sought to be proved and the or
 4 Same; same-In a criminal. case. the conduct of parties who arrested oe- fendant, after tha arrest was made, Tor ms no part of the res gestae ol the ansss,o s,,a dence.
 Reversed and remanded
 Opinion by Sharpe. J.
The Montgomery advertiser., 1901-09-10

MT. T. D. Sanford of opelika, is in tn city and is being cordially greeted b. his hosts of friends here.
The Montgomery advertiser., 1901-09-10

Hon. w. H. Sanford of Troy, was in the city yesterday. Being unavoidably absent when the Constitutionf was sign ed, he attached his signature to the doc uUent yesterday, ssse
The Montgomery advertiser., 1901-09-10

Lieut.. W. P. Screws, U. S. A, has re turned from visit to Hendersonville N. c.
The Montgomery advertiser., 1901-09-10

Mir. W. J. Knight of Mobile. is spend ing a short while in the city.
 Mir J. w. Hickey of the Hotel Bien- vile at Mobile. Is registered at Clancey's. Mir. W. w. DafHn of Grove Hill. is in the city.
The Montgomery advertiser., 1901-09-10

Offer for Western Maryland Railroad.
 Baltimore, Sept. 9.-Mayor Hayes an-
The Montgomery advertiser., 1901-09-10

G. "I. THOU AND THE OTHER ONE" by Amelia E, Barr. author of fore SIPS, Now 25o. { T. TALES OF OUR COAST" by g. R. Crockett and others. Before S1.25. Now 25c.
 ) s. SIMON DALE" a story of Nell Gwyn, by Anthony Hope, author of "The Prisoner of Zenda." Never before published for less than $1.25. Now 25c.
 { ) 9. ''TEKnA,s a romance of love and war by Robert Barr. author ot .'The Mutable Many" Published at C) 10. "THT HERB MOON" Witty and humorous love story by John Oii- yer Hobbes. Published at $I25: now q ii. "A HOUSE. IN BLOOMSBURY" by Mrs. Olphafit, author of The Lit-
The Montgomery advertiser., 1901-09-10

erary History of England,~ etc. Pub- lished at $1.26; now 25c.
 ( l2. "A FAIR, RARBARIAN.s bv Little Lord Fauntleroy.'s PubIished at H.25. Now 25c IA. THE SPLENDID SPUR" bv A. T. Quiller-Couch, author of .srhe Deiectabie Duchy." Formerly sl.2s. ( i5. .FACE TO FACE. r by R6hert Grant. author of ''unleaveued Breaei:'s formerly M.25 to $1.50, now 25e T1I
 16. THE HEART OF TOLL" bv and, $1 50; now 25c. W ~. {, IT. FREE JOE" by Joel chana- Ter Harris. author of "Umcle Renaus.ss
 sold formerly atT$1.25: now 25c. :, IS. ACROSS THE CHAsM." by ! Julia Magruder.
The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-12-06
ZIG BATTLES IN CONGRESS.
Some Of the Questions Which viii Be
Bitterly Contested,


WASHINGTON. Nov. 22.-Ship sub
sides. reciprocity. revenue reduction,
the isthmian canal and the trusts, are
all looming up as big bones of conten-
ton in the coming Congress.
Senator Frye of Maine is expected in
Washington some time next week. and
viii bring a new subsidy bill. Senator
Hanna viii be in the van of the
subsidy warriors They will find plen-
u of opponents.
Reciprocity. too. will find its enc
mies-not the reciprocity that Mr..
Blaine urged. nor yet the reciprocity
OF Mr.. McKinley. but many schemes OF
tarin reduction that will be presented
under the high-sounding title of re
ciprocal relations. Many are anxious
for the Presidents words on this mat
ter. as it is known that he holds strong
views.
Representative Payne of New York,
sho will succeed himself as chairman
of the Ways and Means Committee,
will be here the week before the ses-
sion opens with general plan of reve
nue. reduction that means attack, more
or less bitter. almost before it is born.
He win find his most strenuous oppo-
nents in his own committee. among
men from the West who believe in
keeping up the present war taxes I'M
TN it is more accurately known what
the appropriations will be.
President Roosevelt's publicity rem
edy" for the encroachments of trusts
will not be taken without a struggle.
The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-12-06
MIR. Carnegie and the Tariff.

From the Boston Herald.
Andrew Carnegie appears TO be in
favor OF a more liberal form of du-
ties under the tariff. He is not con-
tent with reciprocity by treaty even.
That he regards as partial in its op-
Grafton. He wants the tariff in its
wider application lowered. The IA
tural remark TO be made by those
who still desire the duties to be at
high rates is that Mr.. Carnegie. be
ing out of manufacturing himself. has
lost his interest in protection. There
is a certain plausibility, If not lair
ness. in this position. yet We doubt
II il is Just TO Mr.. Carnegie, OF il
these men themselves believe il to
be This. we have no doubt. is true
OF the more intelligent and less pre-
JUDGED among them. Mr.. Carnegie
is really consistent in declaring that
the need of protection has passed,
and in accepting the statement OF
this class OF its supporters on the
subject. In advocating protection.
they have always maintained that
the time would come when protec-
tion would no longer be needed.
Mr. Carnegie was with them then,
and he realizes now that this time
when protection can be safely dis
pensed with has arrived. Not per
haps that this is true Of all articles,
but that, il is true OF considerable
number of them. and il is these from
which Mr.. Carnegie. in common with
many Republicans would remove
unnecessary duties.
The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-12-06

plished IL the way Of accommodating
~ealth in the past. that there IS truth
in the proverb
There is q tide il the affairs o.
man which taken al the food. leads
on 10 fortune
The planters and missionaries
have had their tide and have rszped
riches through debzsinE the country
with a food o. cheap labor
Annexation came 70 Us an uns0ught
favor. but brought with il possibility
Of untold blessings TO the Hawaiian
people in the risiRgtide Of c0nstitu-
tionaI liberty. equal rights for all. and
the chance q choking the special
privileges under which the mission
aries have grown fat at great sacri-
fees By the native race.
Put the Advertiser in our place. Mr.
Editor. the helm within grasp with
which 20 steer the ship u state out
of the shoals Of the Eretched home
life that our people have been sub
jected % BY the policy OF the oil
garchy OF the past seven years.
County and municipal government
looming on the horizon Of our political
vista beckon 10 US 10 advance. Behind
us the aggregation who kept Us the
under-dogs for seven long wears beck
on US 10 90 slow IN attempting the in
auguration Of a form Of government
tested through one hundred and TWEEN
ty-fiye years OF continuous application
and found good enough 10 make the
citizens Of the United States prosper
Gus and happy.
Put the Advertiser in our place, Mr.
Editor. and the p c. A. would DO as
we expect TO do until the American
system Of government is established
IN this Territory. and that is 70 tell
the P. G.. boys 70 GO way back and
sit down We have seen YOU before.
and can't trust you with a Hawaiian
boat and a Hawaiian crew. a Hawaiian
Delegate and leader too. We are out
for home rule. and to get it We must
respectfully but positively ask the
P. C. A to come out Of the wet
GEORGE MARKHAM.
Honolulu. December 1, 1901.