davidaulloa/AmericanStories huggingface dataset:
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1901-09-07
ITALIAN INJURED
LEG BROKEN WHILE HANDLING A
TRUCK AT STONE QUATRsEs.
Young Man Has HIS II and Badly in-
jured--Expiosion Victims Are Now
Able TO he Out


young Man Has His Hand Badly in-
jured--Expiosion Victims Are Now
Able 90 he Oat.
While handling truck on the
trestle work at the quarries Of the
Standard Lime and Stone Company,
Anthony Messiah, an Italian, had both
bones of his left leg broken above the
ankle. He was removed to the Kings
Daughters Hospital, whore he is
being treated by DR.. Barlow. Mes
sin is 81 years of age and has a family
IN New York.
HAND INJURED.
Charles Lucas had his left hand
badly injured by truck falling on
it ut the quarrIes of the Standard
Lime and Stone Company. The flesh
on the palm was cutopen clear 20 the
bone and several of the bones were
broken.
ABLE TO BE OUT.
All of the men who were injured
in the explosion at the Bessemer stone
quarries have about recovered from
their injuries ard are now able to go
about
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1901-09-07
CHANGES POSITIONS

Martin l.. Crissinger. travelling
salesman has severed his connection
with $. M. Bloom Co., and is now
travelling for the Maryland Grocery
Company, of Baltimore. John G Rine-
hart, Is with Bloom q Co., is now
working the TERRITORY formerly COW
cred by Mr.. Crissinger.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1901-09-07
CATERPILLAR PLAGUE HERE.
Many Trees In Town Yards Stripped OF
Foliage.

You may not have noticed it, but
Martinsburg Is overrun by cater
pillars. There is hardly a year in
which the pesky little things are
not seen on the trees. 1t is pointed
out that they are unusually plenty
the year before the appearance of the
seventeen year locusts. Not only in
this town are they numerous and de-
structive, but in all the towns along
the Cumberland Valley railroad.
They have stripped many town trees
of foliage.
Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1901-09-07
sTRAYED.

STRAYED.-Came TO my farm about August
Isth 1901 sow Weighing about $50 pounds. Owner
come forward, prove property pay charges and take
her away. JOHN M MCCORMICK,
OF Writings Neck, Berkeley Co, W. Va
The Montgomery advertiser., 1901-10-01
REBUILD THE KIDNEYS.

Any kidney or bladder trouble is a se- rious one and should have early and right attention. The kidneys ara slow to yield to disease and when they do, over. work is the usual cause. An affected kid ney is an exhausted one, impure blood has weakened It; the remedy needed is one that will restore strength and rebuild the kidney itself. This Dr. Harter's Iron Tonic will do. It has been doing it for forty-ive years and no other remedy has ever been held in such universal favor
 The kidneys filter impurities out of the blood. When the blood is bad the kid neys get clogged with these poisons. Dr. Harter's Iron Tonic cures by neutralzing the impurities, by hastening their expul. sion, by building up the tissues of the kidneys. and by giving these organs more strength and activity. While it is curing kidney and urinary troubles it is also repairing all the delicate machinery of the body.
 This is the best of all tonics If does everything that any ordinary tonic can do and very many important things that other remedies cannot do. Nor can if do anything but good; 1t is absolutely harm less. and can be given to support the strength and to hasten the cure of any invalid, young or old. Ordinary iron sometimes harms, but the iron in liar ter's Tonic is in such form that it does no harm. It enriches the blood. strength ems the stomach. and aids digestion Made by Dr. Harter Medicine Co, Day ton, Ohio. Sold everywhere. (D
The Montgomery advertiser., 1901-10-01
MINERS FIGHTING FIRE
Several Men Believed to Have Been Killed-Hundreds Thrown Out
 of Work.

Victoria, B. C., Sept 30.-Premier Duns- muir. President of the Wellington Col fiery Company. has just received the fol- lowing dispatch from Alexander Bridon. manager of the Extension mines of that company, situated near Ladysmith:
 Fire occurred in No. 2 slope at No. 5 level, which made such headway that in half an hour it was half way up the slope, spreading to the airways and workings of No. and 3 mines. was obliged to stop both of the mines after two explosions. Have lost some men. canot say how many"
 A special dispatch from Nanaimo says: ''No. slope extension is on fire and dense clouds of black smoke can be seen from here. Full particulars are not obtaina- ble, late report says that from eight to fifteen men are in danger if not lost. It is said that 1t was impossible to get air to them and that they are probably dead The fire broke out this evening. The cause is not yet known. The manage ment has sent for hose and fire appa- ratus to all points in this vicinity.
 It was learned later that the mine caught fire from a pit lamp and twelve men who entered to subdue the flames never came back. The fire attacked No. 3 which Is connected with No. 2. Several slight explosions then occurred. Smoke poured out of all of the entrances; flames from No. shot up into the air. All hope for the men in the mines has been aban- doned. The mine is likely ruined. No water is available. and there is no way of extinguishing the fire except by closing up the entrance which might cause a terrible explosion. It Is feared hundreds of men will be thrown out of work.
The Montgomery advertiser., 1901-10-01
HEIsTAND INVESTIGATION. Officer Charged With Entering Busi- reee Combination in PhilipUines,

ness Com bination in Ph11ppines.
 Washington, Sept. 20.-The Senate sub committee of the Committee on Military Affairs consisting of Senators Hawley. Chairman; Proctor. Burrows. Cockreli and Harris today began the investiga- tio1 against Iieutenant Colonel II. 0. E. HaistaTd, of the army, in connection with the alleged Manila hemp combination The charges were preferred by Major F.. l.. Hawkes. formerly a volunteer officer and were deemed of sufficient serious ness to warrant an investigation by the Senate.
 Colonel Heistand was present today at opening of the investigation in company of his attorney. Charles W. Needham.
 The committee decided that the proceed ings should be public. In brief. the charges against Colonel Heistand are that he in connection with other officers in the ;.rmv and some officials Of the civil departments of the government, attempt eo to form a combination to control the output of hemp from the Philippines, their official positions and influence to further their ends.
 Major Hawkes. preferred the charges to the Secretary of War and also to the Senate Committee on Military Affairs. They were denied by those against whom the allegations were made. Alter some consideration, the Senate by resolution caused the investigation which opened to- day.
 At the opening of the inquiry, several important documents from the War De- partment were submitted to the commit tee. including copy of the charges made against Colonel Heistand and his reply to them. In his reply, Colonel Heistand says he was identified with the proposed company and considered his connection with it legitimate and honorable.
The Montgomery advertiser., 1901-10-01
DURBIN DIFFERS ACTION
The Governor of Indiana Will Read Papers in Application for Re
 ouisition of Taylor.

Indianapolis. Ind, Sept. 30-Governor Durhin this afternoon informed the Ken tucky officials here with requlsltlon from Governor Beckham of Kentucky TOT the return to that State for trial or w, B. Taylor and Charles Finley, charged with complicity in the Goebel murder that ne would not render formal decision for week or more.
 This final answer of the Governor was in compliance with the request of the k ,ntuCky representatives that the Gov ernor read carefully the transcripts of the record and the briefs in the Powers case,
 the briefs and decisions of the Court of
 Appeals in all the Goebel cases, together
 with the dissenting opinions of the judges
 of the Court of Appeals rom the decls-
 ion of the court.
 The papers submitted to the Governor
 by Arthur Goebel S. l.. Milhs and J. R.
 Griffin of Cincinnati. and Chief of Police Williams of Frankfort, ky, were vol luminous and treated the matter exhaus- lively from all standpoints, including the history of the Goehe murder, the trials
 of Powers Youtzey Howard and Ripley | and the former application Of Kentucky l for reuuisitions for Taylor and Finley. Arthur Goebel, in relating the interview l with Governor Durbin, said: "I asked the Governor, who was about to deny the acquisitions, if he had read all the evidence in the cases. He said he had not 1 then asked him if, after read ing thp evidence. he felt the verdicts were fair in the other cases, he would surrender Tavlor and Finley. and he did not reply. I then asked him if he did not think it fair that he should read this evidence before decidirg, and he said he would"
 It is the general feeling here that the requis itions will be refused
The Montgomery advertiser., 1901-10-01
GREENHILL CONFESSED.
Says His Brother Killed Mrs. Sadie
 Uren.

De Soto. Mo. Sept. so.-william Green hill tonight made a confession to Prose- outing Attorney Williams, in which he says his brother, Daniel dreenhill: s Killed hsr suitor. John Meloy. The confession says the brothers objected to Meloys atten- tions to their sister because he was spendthift and wanted to marry Mrs Uren because she was wealthy. On the night of the murder Daniel entered Mrs. Uren's room. according to the confession- and found the woman sitting on Me- loy's lap. In a fit of rage, Greenhill grabbed . hatchet and sank 1t first into the skull of Meloy after which he brain ed his sister. He then took revolver from Meloy's pocket and fired into the wounds he had inflicted with the hatchst
 After the confession warrant was sworn out for the arrest of Calip An- drews as an accessory and he was ar rested. The confession does not implt- cate Andrews, but it intinates that he was witness to the murder The Green. hins and Andrews are heavily guarded tonight to prevent any attempt at lynoh- ing The trio will be taken to Hillsboro tomorrow morning for safety, as the feel- ing Is intense.
The Montgomery advertiser., 1901-10-01
DEMOCRATS ARE ACTIVE
New Jersey State Convention Will Organize Today to Nominate
 Governor.

Trenton. N. J., Sept 3o.--Not In years has the night before the State Conven- ton been characterized by so much ac- tivity as was shown by the hundreds of delegates who are here to take part in tomorrow's Democratic State Convention to nominate a candidate for Governor. Mayor Seymour of Newark. who is mak- ing fight for the nomination. is not there yet.
 Former United States Senator Smith. who is opposing Seymour's nomination, has headquarters in the Tfenton House. where he was called on tonight by many delegates. Ex-Congressman Terrell. who is Seymours strongest opponent, and who is supposed to have Smiths en- dorsement, has established headquarters. Colonel Price. one of Seymour's support CTS, expressed confidence tonight that Seymour would be nominated. and said there were already about 450 votes pledged to him, and that the necessary remainder would surely be cast for him. There are 1909 delegates and $50 will be necessary to a choice. The anti-Seymour men seem to be more confident, and it is said that after complimentary votes have been cast. the entire Seymour vote will go to Terrell. There is some talk that a compromise must be effected be- fore morning, which meant the dropping of Seymour and Terrell and the nomina- i ton of some new man like Judge Kirk patrick of Essex.
The Montgomery advertiser., 1901-10-01
SENATOR DIETRICH TALKS.
He is Pleased With Progress in the
 Philippines.

Omaha. Neb.. Sept. 30.-Senator Dict trich who has just returned from the Philippines was in the city today and talked of the condition of the islands He was pleased with the progress, and speak ing of the new civil government, said; Civil government is success. The governments which have formed with natives at the head are running In a smooth manner and giving the best of satisfaction. This is especially true in Luzon. where the rebellion has been crushed"
 Senator Dietrich visited the island of Sanar where Company C of the 9th in fantry was ambushed Saturday. The island is filled with banditt and out casts" he explained, when the insur- gents are driven out of Luzon and the other nearby islands, those who did not take the oath of allegiance fled to Samar, In a short time the island which had been peaceable, was the hot bed of trouble All the had characters of the archipelago gathered there and forced the natives to join their forces. These ban ditti have violated every rule of war and civilization and it will doubtless require considerable force to bring them to terms"
The Montgomery advertiser., 1901-10-01
NEs MEMORIAL CHURCH.
Edifce Attended by President to Be
 Replaced.

Pittsburg. Sept. D.--The Executive Committee of the Home Mission Board of the Reformed Church in America laid the plans at the opening session of it's quar- terly meeting tonight for new meno- rial church at Washington to replace Grace Church in which President Roose- welt worships All the English-speaking Synods nf the church in this country will be asked to contribute. The Washington sustaining the Home Board contributing several hundred dollars day to then support.
 The present plans were. prepared by a Washington architect and provide for a handsome brick structure to cost 80 0oo on the present property. Fifteenth Street near Avenue O. but it is probable provision will be made for a larger and more costly ediice since Grace Church has become the Prcsident's church It Is hoped to raise more than s50.000.
 The new church will be called Grace Memorial Church. The committee has in hand fund of 5000 already raised.
The Montgomery advertiser., 1901-10-01
FITZPATRICK V. BERGMAN.

Statutory Action of Ejectment.-Appeai
 from the Circuit Court of Jefferson. fect-The- delivery of a deed Is necessary to convey title, and a deed becomes ef- fectual as a conveyance of title only from the date of it's delivery.
 2 Same; same; when delivery not shown--where the grantor in a deed, af- ter signing and acknowledging 1t, leaves 1t with his attorney with no instructions to deliver it to any one. there Is no such delivery as completes the execution of the deed in such sort as to convey the title to the property therein described; 1; since, in order to make such act deliv- cry to the grantor, the intention of the grantor must be expressed at the time Tn an unmistakable manner.
 B. Same; action of ejectment; admlssi- bility of evidence.-In an action of eject ment, where the material question at is sue Is whether there was sufficient de- livery of the deed to pass title to the property involved in the suit. and the evidence shows that after signing and ac- knowledging the deed. the grantor In question left 1t with his attorney with no instructions to deliver it to any one It Is not competent for such grantor. upon be- ing examined as a witness, to testify that ''If he delivered the deed to his attor- ney, it was not with the intention of re- calling it, or that he delivered 1t to his attorney to keep for him.
 4. Same; sufflciency of delivery: pre- sumption as to acceptance and delivery When a deed is for the benefit of the grantee. imposing upon him no burdens or duties. there arises a presumption or his acceptance, and if such deed is duly acknowle dsed and recorded, the presump- ton of delivery attaches. which can he repelled only by evidence of actual dis sent on the part of the grantor.
 Reversed and remanded.
 Opinion by Tyson. J.
The Montgomery advertiser., 1901-10-01
|. P. LEWIS RESIGNS
WAS TAX COLLECTOR or MAR
 SHALL COUNTY.
Governor Already Eesieged with Ap- plications for the Place-State's Fiscal Year Closed Tester
 day-News at Capitol.

L. F. Lewis, Tax Collector of Mar shall county, has resigned and 1t becomes tine duty of Governor Jelks to appoint ms successor. The resignation or MT: Lewls was received at the Executive D3part- ment yesterday morning. No cause Tor the resignation was assigned co,
 It will he remembered that Tax Coi- lector Lewis failed to make final settle. ment with the State Anditor on July as required by law. On that date he Was due the State something over lbD. There was considerable correspondence and about the middle of August Mr. Lew is appeared at the~Capitoi and paid M, promised the Auditor to remit the residue within a. few days after returning to ms home and made good his promise.
 Notwithstanding the resignation was not received at the Executive office until yesterday there are already numpef of applicants for the place. Messrs. Jonn Lewis and Jim Chambers. both of whom terday and made formal application to Governor Jelks submitting their endorse ments. Hugh H. Williams of Guntersvilit Is also an applicant. He has made his formal application to the Governor by mail and will be here within few days to see MT. Jelks in person.
 A number of letters were received yes citizens of Marshall county making rec concentrations for the vacancy and nu- merous other names were mentioned.
 Captain John Perkins, formerly warden of the State penitentiary at Wetumpka, and one of the most influential Demo crats of Marshall county, as In the city yesterday and called to see the Governor in the interest of a friend who will he an applicant. Captain Perkins Is not an applicant for the place.
The Montgomery advertiser., 1901-10-01
New Teachers Passed.

The State Board of Examiners yester- day passed upon the parers of the fol- lowing teachers who will be issued cer- tifcateg:
 Mkm0sd7 d7aurouda daskingSH m ?tera-pl- -etain
 Lauderdaie County-Jesse Scruggs. P. F. Brooks, Sarah Hooper, Maud Evans, Ada V. Coffee, Virginia E. Booth, Hat tie Gray. CaIlie F. White, Lillian stickle, Tellie Lindsey. Josie Milner, Emma Hoop CT, Marie Watson. Elna D. Echard: Ho- mer l.. Reeder, Mrs. l.. R. Norvell, Jo- sephine Handy. J. ). Moore. Halle suggs,. Lillian Kerby. Tuilia Tate, l.. D Rutiedge, A. A. Williams, Mae Standifer vesta Smith, D. c. Musselman. Berths Whipple, Linie Bevis. Ada J. Young Susie Young, Sallie Le Master, Minnie M Young, O. F. Huckaba. Emnlet Bevis Luberta Wilkinson. W. E. McClanahan Mollie c. Ray Alma Holland. Ida s: Ray J. g. Kirkland, Annie M: Hayes. Emms Posey, Ola B. Garner, Alice Call.
 Limestone County-L. L. Vann. W. T Mackev, Ola Graham, W M. Hughes Lilly Brooksdale, Zue Lexon, J. D. Hol bert Mary J. Davis. Mamie Kenney, E S Boyies, J. H. Graham, Bera Head O. Prewitt, Mattie Mainard, Elba Allen F. l.. McWilliams. Annia D. Mitchell Mary Horton. Moliie White. J. R Brown, Dollie Rivers. l.. s. Adams Lamar County-J. T. Spann, Johnnie D McCluskey, Minnie l.. Wilkerson, Bes sic Morton, C. V. Thompson, I. G. Rec tor, w. O. Draper. E. B. Nixon, J. W Bankhead, A. B. Simmons.
The Montgomery advertiser., 1901-10-01
TRAINS ON q" ARE RUNNING
Strikers Deny Responsibility For
 Attempt to Derail.

Chicago, Sept 3o--Trains on the south side elevated road ran on schedule time early today. Tickets representing the strikers appeared at many of the stations and some trains, but 1t is said they were unsuccessful In securing recruits.
 The strikers today issued statement to the public officially denying responsibility for the attempt to derail train at Thirty-ifth Street last night.
The Montgomery advertiser., 1901-10-01
AN ERUPTION OF OIL
A Louisiana Well Blows Out ana Promises to Breaks All
 RenordS

Welsh. La. Sept. 3o.-About 5 o'clock tb;s morning the oil well which is situ- ated stes btf about three rec miles from this place was the scene of perhaps the greatest eruption ever witnessed in this pa part rSd ol well was capped Saturday night and work wer was was suspended until this morning The can was blown about four hundred feet from the we'll Rocks; water, gas air and for A distance of a quarter of a mile. The rotary. which weighs l.50 pounds, was thrown twenty feet ana lhe top of the derrick was completely torn inc well will nrove to be without an equal and work viii be resumed as soon as the derrick can he repaired and the action of the gas ceases. The well is now aoou' 200 fet deep.
The Montgomery advertiser., 1901-10-01
HALL V. THE STATE. Petition for Habeas Corpus. Appeal fror


 the order of the Judge of Probate of
 Marshall County.
 1. Jurisdiction of justice of the peace; when defendant detained by order of the Circuit Court; justice of the peace with out jurisdiction.-Where a person charged with the offence of seduction Is, by order of the Circuit Court. remanded to the custody of the sheriff to await an in- vestigation by the grand jury of the charge against him. and his bond Is fixed by such order of the court. a justice of the peace of the county is without au- thority to review. or in any wise, revise the order of the Circuit Court or to re- duce or increase the amount of the bail bond fixed by that order: and any pro- ceeding before such justice of the peace relating to the charge against such per son, or any other made by him in refer ence thereto is void.
 2. Habeas corpus; probate judge with out authority to issue writ; when petition obtained by order of Circuit Court-Un- der the provisions of the statute. Code. section 4S1O, where party is confined in jail under an order of the Circuit Court to await in, stigation by the grand jury of the charge against him the probate judge of the county wherein such person is confined. has no Jurisdiction or author ity to issue writ of habeas corpus on the petition of such party, either for the purpose of admitting him to bail or for any other purpose.
 Affirmed.
 Opinion by Tyson, J.
The Montgomery advertiser., 1901-10-01
ADAY iroRNINa.

POPE vs. GLENN FALLS INSURANCE
 COMPANY.
 Action upon Fire Insurance Policy
 Appeal from the Circuit Court of Madison.
 1. Insurance contract; when company bound though provisions of contract not followed.-When the insured, in contract ing for insurance fully informs an agent of the insurance company, who is au- thorized to take applications for insur- ance. deliver the policy and receive pre- miums. of the true state of his title to or interest in the property upon which insurance is desired, and with such knowledge the agent issues the policy, the insurer can not, in case of loss, refuse payment because of some provision, in the policy to require a different title or in- terest than that disclosed to such agent; and this is true, though the policy itself contained provision that it was issued and accepted subject to the stipulation that mo officer, agent or other represen- tstive of the company shall have power to waive any provision or condition of the policy" except by agreement endorsed on the back thereof, and no such waiver was shown to have been so endorsed or the policy.
 Reversed and remanded.
 Haralson, J.
The Montgomery advertiser., 1901-10-01
FIX PARTE FOREMAN. AfGzAEz- e., AEa ., 1 a x,a,tn

1. Writ of assistance; when should be refuseo.-The remedy afforded by the writ of assistance being summary in its character, an alias writ should be re- fused by the court where the purchaser. the possession of land purchased by him
 under a decree of the court, has suf-
 fered several years to elapse after his purchase and after the original writ of
 assistance issued to place him In posses
 sion has been returned executed. before filing his application for the alias writ.
 This is especially true when the petition asking for the alias writ does not neg ative the presumption arising from the l delay, that the party in possession holds as tenant of the purchaser or under some l clsim of right.
 l Mandamus denied
 | Opinion by Haralson, J.
The Montgomery advertiser., 1901-10-01
Was Run Out of Town.

rt2 0"'Ip tp9vcllnc ny q, salesman for a picture eniarging concern. was run out of town tonight for denouncing the eXec9tlon ot Czolgosz. He was taken to the oepot m a bus by a small crowd, put on n1 Doaru to to return. @ He claimed to be q NorTe- gian, but is thought to be foiei i d ne had expressed anarchistic views ahq .. a1