davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1901-06-09

inducements on the doci;et directed to be kept. it is sufficient to support an appeal by the State to the Circuit Court.
 Reversed and remanded.
 Opinion by Haralson. J. MOBILE LAND IMPROVEMENT co.
 V. GASS.
 Bill in Equity to Annul Resolution
 Adopted by Board of Directors or
 Corporation and for Cancellation Of
 Deeds. Appeal from the Chancery
 Court of Mobile.
 1.-Bill to annul resolution and cancel deed; equity of bill On bill filed by a corporation for the purpose of an nulling a certain resolution adopted by it's Board of Directors and for the can cellation' of certain deeds conveying corporate lands made pursuant to sala resolution and for an accounting with the defendant as a trustee, where ac- tual fraud is charged and it is averred that in such transactions there was a breach of the confidential and fiduci- ary relation existing between the de- fendant and the plaintiff corporation in which he was an officer and director, and 1t Is further shown by the aver ment of the bill that under the reso- lution property was conveyed to the defendant as gift or donation, and 1t does not appear in the bill that any benefit ever resulted to or was receiv- ed by the complaint under said all legged unauthorized acts, such Dill IS not subject to demurrer on the ground that the complainant seeks to repudi- ate the action of its Board of Directors while 1t still retained the benefits de- rived therefrom, nor on the ground that the complainant had an adequate remedy at law for the enforcement of it's rights.
 2.-Same; same; proper parties de- fendant. In such bill. where it Is further averred that the defendant after having received. in accordance with a resolution alleged to have been fraudulently passed by its Board of Di- rectors. deeds of conveyance to certain lots owned by the complainant. sold and conveyed said lots to different per sons for value and without notice, such vendees of the defendant are necessary parties to the bill; since the cancella- tion of the deed as prayed from the comnainant to the defendant in pur- suance of said resolution, would mater ially affect the title of the defendant S vendees to said lot.
 3-Same: same. In such a case, it nowhere appearing in the bill that any consideration was paid by the defend ant for the lots in question, or that any benefits resulted to the com plainant company. and the bill seeking to annul an illegal and unauthorized contract of the Board of Directors whereby the corporation had been de- prived of it's property to the wrong and injury of stockholders. such bill is not subject to demurrer upon the ground that it shows an executed contract be- tween the company and the defendant Tyson, J., dissenting.
 Affirmed. Opinion by Dowdell. !.
The Montgomery advertiser., 1901-06-09

doubt-In a criminal case, charge is erroneous and properly refused which instructs the jury that If after con- sidering all the evidence they could give a reason arising out of any reasonable aspect of the facts proven for acquitting the defendant, then they should acQuit him."
 6. Same; same--1n a criminal case, a charge is properly refused which in- structs the jury that "If after con- sidering all the evidence in the case, the mind of the jury is left in state of confusion as to any fact necessary to constitute the defendants guilt, then they must find him not guilty"
 '. State; as to flight of defendant Ono a trial under an indictment for an assault with intent to murder, where the evidence shows that after the commission of the offense charged the defendant fled from the county. but there was no evidence tending to show that his flight was caused by fear of the person assaulted, a charge is erro- neous and properly refused which in- structs the jury that though evidence tending to show flight is :. matter to be considered by the jury yet 1t is of weak and inconclusive character. It may not be evidence of guilt at all. If 1t proceeded from fear of violence rom F. (the person asaulted) then it is no evidence at all of guilt"
 8. Same: as to weight to be given the defendants testimony--In a crimi- nal case. where the defendant testifies as a witness, charge is properly re- fused which instructs the jury that they should not capriciously reject the testimony of the defendant simply be- ko te- t,,fa al I,vtt rnIA ha jury have good reason to believe under all the circumstances that the defen- dant has swofrn falsely, then the jury should believe his testimony and ocn- slider 1t along with all the other testi- nony in the case in making up their verdict" such charge being both arr gGmentative and invasive of the province of the jury.
 9. Same; as to reasonable doubt In criminal case. charge is properly refused which instructs the jury that although the jury may after review ing all the evidence from the stand point of the State find that there Is some evidence tending to show the defendants guilt, yet if after consider ing all the evidence in the case from the standpoint of the State and the defen- dant the jury have reasonable doubt of the defendants guilt arising out of any part of the evidence. they, must find the defendant not guilty"
 9. Same; same-In criminal case. a charge is properly refused as tending to mislead. which instructs the jury that "the defendant is presumed to be innocent until his guilt is established. and the evidence to induce or authorize a conviction should not be a mere pre- ponderanec of probabilities, but should be so strong and convincing as to lead the mind to the careful and guarded conclusion that the defendant can not consistently with any reasonable hypothesis be innocent"
 Reversed and remanded.
 Opinion by Dowdell, J.
The Montgomery advertiser., 1901-06-09
A Maclean and a Campbell.

Chambers's Journal.
 When Sir Archibald Campbell was Gov ernor of New Brunswick he chanc- ed to meet with an aged Highlander of the name of Maclean, who had done brave soldierly service for his country, and had borne himself well in many fierce encounter. After his discharge he had settled in the woods; but things had not gone smoothly with him, and his circumstances were quite straiten- ed. Anxious to befriend him, his EX- cellency invited him to make his home at Government House. where he could find easy work to do in blacking boots and shoes and such like little things. The old man was quite indignant, the hot blood mounting to his cheeks; and, drawing himself up to his full height, he sreplied, with all the dignity of a lord: Ma. ma. Sir-na. na. A Mac lean never blackit boot for Camp bell" He preferred privation with in- dependence on the farm to ease as a menial in rich mans housed feel ing that was appreciated by no one more warmly than by the genial and kind hearted Governor.
The Montgomery advertiser., 1901-06-09
IODINE V. THE STATE.

Indictment for assault With intent to
 murder-Appeal from the Circuit
 Court of Marshall.
 1. Fielding and practice; review on appeal of rulings on plea in abatement In order to review the ruling of the trial court which was evidently based upon a finding of fact, the same eyi- dence upon which the trial court acted should, in q proper manner, be pre- sented to the appellate court; and where, to an indictment, plea in abatement upon the ground of the mis- homer of the defendant is, as rectted in the judgment entry, "Quashed upon an inspection of the indictment and plea by the court" the appellate court will not review such ruling in the ab- sence of the original paper which was before the trial court and was inSpe cted by it, or at least a fac-simile thereof properly authenticated, or an accurate description thereof in the bill of ex captions.
 ?. Witness; impeachment by testi- mony of justice of the peace-It is not competent for the purpose of impeaCh- ing a witness who had testified in q case, to prove by a justice of the peace that in 1892 he convicted such witness of the larceny of a hog and fined hm in his justice court: since at the tune uf conviction testified to, the larceny of the hog was, by statute, felony, and the justice of the peace had no final Jurisdiction of the offense; and, therefore, there could not have been a legal judgment of conviction.
 3. Evidence; when not shown to be a part of the res gestae-On a trial under an indictment for an assault with intent to murder, where 1t is shown that after the assault charged the defendant went some distance into the country and met a kinsman of the person assaulted, statement made by the defendant to said kinsman 10 the effect that the assault was not in tended, constitutes no part of the res gestae of said assault, and is not ad- missihle in evidence.
 i. Charge of court as to character of defendant-In criminal case. where the only evidence of the character of the defendant was that he was a quiet and peaceable man. and there was no attempt at impeachment of the defendant, who was examined us a witness, and no evidence as to his veracity, a charge which instructs the jury that they may look to the fact. if it be a fact. that defendant is a man of good character. in determining wha; weight they will give the testimony of the defendant" is abstract and proper ly refused.
 5. Charge to the jury; reasonable
The Montgomery advertiser., 1901-06-09
The Florida Razorback.
,nrest and Stream.

Forest and Stream.
 The Florida razorback" is the hog indigenous to this climate and soil. He is usually large of limb and fleet of foot, being the only known porker that can outrun a darky. He has tail of wondrous length. which, while he is in motion, he twists into the tightest corkscrew, but with which while feed- ing he raps his leathery sides much in the same manner that the docile COW uses her tai.. He earns his own living and thrives equally well in the highwoods, in the flatwoods, in the hummocks, and in the marshes. He subsists upon anything he can find above the earth or underneath is sur face. He has a clear, far seeing eye, and is very sensitive of nearing. Ma. ture has equipped him with d snout almost as long as the beak of a wild pelican of Borneo, with which he can penetrate the earth many inches in quest of worms, snakes. and insects. He is the most intelligent of all the hogs, and is likewise the most cour- ageous. He has been known to en- gage in mortal combat with coon for the possession of a watermelon, and to rend asunder barbed- wire fence.
 The weather is Spring feverish.
The Montgomery advertiser., 1901-06-09
opinion by Dowdell, J.
STATE o FALABAMA V. ATKINS
 Qy l'O


 & co.
 Proceeding to Make Additional Assess ment of Taxes.-Appeal from the Cir cult CourC of Dallas.
 1.-ProceedinR to make additional assessment of taxes; sufficient of judg- mem. The back Tax Commissioner proceeded under the act ito amend an act to provide for the more efficient collection and assessment of taxes in the State of Alabama" (Acts of 1S9S- 99, D. 195), to make additional assess ment of taxes against the owner on property described in his former writ ten assessment, which additional as- sessment he returned to the Board of Revenue of the county. The Commis- sioner proceeded regularly. and legally under said act in making this addi- tional assessment. As a result of the trial before the Board of Revenue the judge of Probate wrote and signed at the foot of the assessment returned by the Tax Commissioner the words "as- sessment stand as made by tax pay er." To this return of the Commits sioner there was attached a printed paper signed by the Probate Judge, in the following words: state of Ala bama. Dallas county. The Court of County Revenue of Dallas county heard the additional assessment to which this paper is attached. on July 23. 1900, and made an order that is written at the bottom of said addition al assessment" Held-That such in dorsement by the judge of Probate plainly shows the ruling and judgment of the Board of Revenue, and while not in strict and literal compliance with tthe direction of the statute as to
The Montgomery advertiser., 1901-06-09
The Growth of Wealth.

c. A. Conant. in Worlds Work.
 The wealth of the United States is computed every ten years from the census returns. The total wealth in capital. and in 1870 at $30, ,06S, ,5lS.507 or $7SO per capita This amount rose in 1880 to s4S, ,642, ,0OO, 900, of $S7O per capita, and again in 1890 to $65, ,O37, ,09l, ,197, or $l.O36 per capita. Expert statisticians esti- mate that the amount for 1900 will be at least $9O, ,O00, 100000, or nearly $1,2OO per capita When it is considered that the latter amount represents accumu- lated savings of $6,000, or nearly four times the average of 1850. for every family of five persons. it is evident that the world is growing rich at an aston ishing rate under the operation of ma chine production.
The Montgomery advertiser., 1901-06-09
CARLTON V. HENRY EFT AL. Appeal from the City Court of Gads-

den.
 1.-Action for assault and battery; intent to injury. not essential to main tenance of suit. In civil. as distin- tinguished from a criminal. action, an intent to injure the person assaulted is not essential to the liability in dam ages of the person committing the as- sault.
 2.-Charge to jury. In an action to recover damages for an assault and battery, where the evidence shows that after the defendant came upon the premises of the plaintiff for the pur- pose of carrying out an unlawful de- sign, he committed two separate as- saults upon the plaintiff, a charge which hypothecates the defendants re- coVery upon one of the assaults being committed in self defense, without ref erence to the other assault shown by the evidence to have been committed. is erroneous and should not be given.
 3.-Same: conspiracy; charge to the jury. In an action against two de- fendants to recover damages for an as- sault and battery where the evidence tends to show that the defendants went to the plaintiffs place of busi- ness for the prec O1cer+ed purpose of beating or shooting a servant in the employ of the plaintiff. and that while both the defendants were chasing the servant, plaintiff met one of them in a doorway and he pushed the plaintiff violently aside and few minutes later the same defendant assaulted and de- fendant stood by holding pistol which he had fired at the servant charge which instructs the jur ythat there is no evidence tending to show that the defendant who had the pistol had any thing to do with pushing the plaintiff out of the way, is erroneous and should be refused.
 Reversed and reman1ed. Opinion by SharDe l
The Montgomery advertiser., 1901-06-09
~s***** ****** HEAD NOTES OF THE DECISIONS
 OF THE ALABAMA SUPREME COURT.

BLOCH ct al V. OCONNER. MINING
 AND MANUFACTURING co. Statutory action of ejectment-Appea
 from the City Court of Gadsden.
 1. Corporations; forfeiture of charter A corporation is not to be deemed dissolved or its charter forfeited by reason of any misuser or non-user of its franchise for the statutory period, (Code Sec. 1273) until the default end forfeiture has been judicially determpi- ed and adjudged in a proper proceed ing for such purpose Code, Sec. 3417
 2. Same; same; sufficient of plea--ln an action by a corporation, a plea oy the defendant which sets up that the plaintiff has forfeited it's franchise or charter by reason of non-user of the same for a period of more than five years, without averring or showing that there had been a judicial dissol1- tion or decree of forfeiture of plaintiffs Q charter, Is insufficient, and on proper motion can be stricken from the file.
 Affirmed.
 opinion by Haralson, J.
The Montgomery advertiser., 1901-06-09
AsHEvILLE, N. C.-CoUNTRY
 CONVENIENTLY REACHED.
Through Pullman Sleeping Car Line from Montgomery, Ala, to Ashe- vile, N. C., via Atlanta, South
 nrr noiIxuou paCinnjnr


 from Montgomery, Ala, to Ashe-
 vile, N. C., via Atlanta, South
 ern Railway, Beginning
 June 9th, 1901. The Asheville and Western North Carolina country is becoming so popu- lar as a Summer Resort section, that the Southern Railway has arranged, be- ginning June Sth, 1901, to establish through sleeping car service between Montgomery and Asheville, via A. and w. P, Western Railway of Alabama to Atlanta, thence Southern Railway via Spartanburg.
 This through car will leave Mont gomery beginning June Sth, 1901, at $40 D. m., arriving Asheville 9:05 next morning, taking up connections from New Orleans, Mobile, Pensacola, etc., and offering the best and most conven- tent arrangements ever in effect for reaching the beautiful mountain section of Western North Carolina.
 Summer tourist tickets are now on sale to Asheville and other Western North Carolina mountain resorts. For further information. apply to any agent of the Southern Railway or connecting lines.
 John Metcalfe,
 T. P. A., Montgomery, Ala. M. R. Powers, D. P. A,
 No. 704 Common St., New Orleans. adv-10t.
The Montgomery advertiser., 1901-06-09
Summer Homes in the Mountains.

Undoubtedly the most invigorating and healthful region in which to spend the heated term is among the resorts along the line of the Chesapeake and Ohio Rail- way, in the mountains of Virginia and West Virginia. These resorts vary in all titude from 1900 to 2,500 feet and are cele- brated for their grand and picturesque mountain surroundings, variety of min eral waters, exhilarating climate mildly warm days and cool, refreshing nights
 producing that feeling of energy and buoyancy which insures health and pro- notes enjoyment. There are over 300 Summer homes among the mountains and on the seashore. reached by the C. and O. R. R. The rates vary to suit those of moderate means who prefer nomelike surroundings and to gratify those seek ing gaiety and social life For booklet descriptive of these resorts and giving names and addresses of managers, ap- ply to S. T. Surratt, T. A. Union Station; A. l.. Elliott. T. P. A. c. & O. By, Gin, O.
The Montgomery advertiser., 1901-06-09
HENDERSON ct al V. HAMBRICI
 et al

HENDERSON ct al V. HAMBRICK
 ct al.
 Bill in equity to redeem lands-Appeal
 from the Chancery Court of Mar
 shall.
 | Bill to redeem; necessary aver ment as 10 defendants being debtor.- In order to maintain a bill to enforce the statutory right of redemption, It must aver that the complain ants therein were of a class of persons privileged by the statute, Code, Sec, 3505) to exercise the right of redam2- tion; and a bill which ayers that the compainants were defendants in chancery suit wherein the sale from which the redemption is sought was de- creed, for the satisfaction of a vendors lien, but does not aver or show that the complaints in said suit were debtor defendants is subject to demurrer. g. Same; necessary aVerments as to delivery of possion.-It is c0ndi- tion precedent to the exercise of the statutory right of redemption, that the debtor therein deliver possession to the purchaser within ten days after the sale Code, Sec. 3506) and a bill to redeem from sale, which fails to aver distinctly that the complainant sur rendered possession as required py the statute, or fails to give valid reason for not SO surrendering possession. can knot be maintained. and is subject to demurrer.
 Reversed and rendered and :e- manded. Opinion by Sharpe. J.
The Montgomery advertiser., 1901-06-09
SIMMONS V. THE STATE.

SIMMONS v. THE STATE. Indictment for murder-Appeal from
 the Circuit Court of Cherokee.
 1. Organization of jury; sufficiency thereof.-Where. in the drawing or a special jury for the trial of a capital case, the court draws twenty-five names and orders that these several jurors, together with the panel of petit jurors organized for the week in which the trial of the defendant is set, shall constitute to special venire from which defendant shall select a jury for his trial, the fact that the regular jurits empannelled for the week containai only twenty-four jurors, furnishes no ground for Quashing the special venire, and such special venire IS drawn and organized in accordance with tne statute.
 ?. Same-In the trial of a capital case the fact that several of the jurors of the regular panel which constituted a part of the special venire for the trici of the defendants case were at the time the defendants case was called for trial engaged in the trial Of another case, and had retired to the jury room for the purpose of delibera- tion, constitutes no good reason for de- lay in entering upon the trial of the defendant.
 8. Homicide; admissibility of evil dence-On a trial, under an indictment for murder, statement by the de- ceased, after he had received the fatal wound, which was made in the pres ence of the defendant, is admissible in evidence.
 5. Evidence; admissibility of state- ments of deceased witness-Secondary evidence of what the deceased or ab- sent witness testified upon former trial is only admissible upon second trial between the same parties or their privies, and with relation to the same subject matter: and. therefore. in trial under an indictment for murder, testimony of what deceased witness testified on the trial of person other than the defendant, for the same homi- eide, is inadmisible.
 6. Trial and its incidents; receipt of verdict on S,lpday-A verdict may be received on Hunday and Judgment be entered upon a day subsequent.
 :. Same: when receipt of verdict proper in absence of defendants attor- nev-In a criminal case. when the bill of exceptions shows that the defendant was present when the verdict of the jury was received, and that an effort had been made to find the defendants ts counsel. but that after several hours delay and search he could not be found and that thereupon the court appointed another attorney to represent the de- fendant and receive the verdict, and that the jury was boiled, each of .hem declaring the verdict returned to be his verdict. no injury resulted to the de- fendant, and such action on the part of the court does not justify a reversal of the judgment of conviction.
 $. Homicide: charge to the Jury-On a trial under an indictment for murder, d charge is erroneous and properly re- fused which instructs the jury that "before the jury is authorized to con- vict the defendant as charged in the indictment they must believe from the evidence every other hypothesis, but that of defendants guilt has been ex- cluded."
 Affirmed
 opinion by Dowdell, J.
The Montgomery advertiser., 1901-06-09

the union has received benefit 1t may be mentioned that the syndicates of Brittany and Normandy control the butter market of Paris. Its trains, starting from the smallest of hamlets, rapidly and expeditiously collects the butter, and gets it into Paris at very small cost. The experience of the appricot growers of Roquevaire and Lascours is another In former years the sale of their output hardly paid expense. Since the union it has four ished. The harvests are all brought to place agreed upon and a sales agent takes charge of them. Children employed by the syndicates remove the stones from the fruit which sell for from S1.15 to $1.93 per 220. 46 pounds. The stones last year weighed 55.000 pounds and were picked by 150 women and children.
 Output Controlled Market.
 The, fruit is whitened and packed in dramatically sealed cans for shipment to Belgium, Holland, England, the United States and South America. The output from the one community last year reached 1,0o0. 900 pounds. It con-. trolled the market. and prices were se- cured which brought a profit to every one.
 In every department of agriculture the result is the same. The farmer is rapidly taking charge of the market, and making terms which prove profita- ble. No one outside syndicate can compete because the society has all the advantage. He purchases his sup plies cheaper, and in every way out distances his rivals. This is, of course. known to the farming class as whole. Six hundred and fifty-six more syndi- cates were organized in 1900 than in 1SS9 The number of new ones last year approximated 1000.
 It will be only a question of a few years when every farmer and farm employe of the Republic will be a mem- Der of the trust. There will be none to compete with him. He will have monopoly more complete than any other in the world.
The Montgomery advertiser., 1901-06-09
4 Sale of White Goods Monday ot x4c.
 n Yzx1z

70 close out byoksss H,sss of sOhsfs, striped and dot. fed LasC,ss and RSttsfe. syhsts. chscAsd and ,sIaSd
 Ovgandies, etc. RsgsI/ov prices sOsys from SSc Co zoe per y0rd.