davidaulloa/AmericanStories huggingface dataset:
News and citizen. [volume] (Morrisville, Vt. ;) 1881-current, 1902-12-31
No. 233.-Buried Proverb.

No. 223.-Buried Proverb.
Zone word in each sentenced
1. They mourn me dead in my IA
theirs halls.
2. My darling once did dwell there.
3. He lived in a little matched cot
tage.
4. The lovely young Lavinia once had
friends.
5. Wen dance till dawn of day.
News and citizen. [volume] (Morrisville, Vt. ;) 1881-current, 1902-12-31
No. 23S.-Letter Puzzle.

With e A T T B L form three
words with all the letters in each, two
with five and five with four letters.
News and citizen. [volume] (Morrisville, Vt. ;) 1881-current, 1902-12-31
No. 23O.-Thackeray Anagrams.

NO. -oU.-I huCAeFay AhuBFAmSs
characters.
1. Moon bar arise
2. Oh, try warning, r. r.
3. Dinner jars open hurt ma.
4. To call SO worded.
5. Menny DIS hero.
News and citizen. [volume] (Morrisville, Vt. ;) 1881-current, 1902-12-31
THE BLADE,
Toledo, Ohio.
FELKER L. TEMPLE,

Landscape Gardener, Westminster, VT.
DARKs, Cemeteries, aud Private Grounds laid
4 ont and planted. Estimates without charge,
Correspondence solicited. References to lsad.
ing Vermont people.
News and citizen. [volume] (Morrisville, Vt. ;) 1881-current, 1902-12-31

Any one suffering with quinsy should
place a warm SCOT bag round the
throat and keep it on as long as the
patient can bear it.
News and citizen. [volume] (Morrisville, Vt. ;) 1881-current, 1902-12-31
No. 236.-RiddIe.

Take the fourth vowel and the first,
And five place in the middle
Then nothing in the front is seen,
And fifty ends the riddle.
News and citizen. [volume] (Morrisville, Vt. ;) 1881-current, 1902-12-31

No. 240.-Annexing and Prefixing.
Annex and prefix the same letter in
every case.
Change a personal pronoun to per-
formed.
Change in like manner to leisure.
Change evening to fiat.
Change an exclamation to explode.
News and citizen. [volume] (Morrisville, Vt. ;) 1881-current, 1902-12-31
Two Different Things

Two Inherent IhInBS'
"Well, madam, you've got your wish.
You've married a rich husband"
mo, dear! I've married a rich man,
but poor husband" STRAY Stories.
News and citizen. [volume] (Morrisville, Vt. ;) 1881-current, 1902-12-31
now to purlfv DAMN celInrs.

: INV
The air of a damp cellar may be made
drier and purer by placing in it an open
box Of fresh lime.
News and citizen. [volume] (Morrisville, Vt. ;) 1881-current, 1902-12-31
No. 285.-Transpositions.
tFill the blanks with the same lette

differently arranged.l
The sailor said to his -: Il am 60
ing to quit the sea and live on land.
The sea makes a man wild, but the
land - him. | shall drive - and
ride in - ears and eat fresh -"
News and citizen. [volume] (Morrisville, Vt. ;) 1881-current, 1902-12-31
IGENED 1000 TOPICS
IVVLAfO.OOOEAcTS|
SPECIAL FEATURES

Review of the Coal Strike; the Trusts il
the United States; Full Election Returns en-
News and citizen. [volume] (Morrisville, Vt. ;) 1881-current, 1902-12-31
Doan'S
Kidney Pills

relieve a bad back and cure it-cure eve
cry kidney and bladder disorder, from
backache to diabetes.
News and citizen. [volume] (Morrisville, Vt. ;) 1881-current, 1902-12-31
Nc. 2a4.-Nnmericn1 Enicmn.

Wen dance till dawn of day.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-05

present in court when orders were maoe
appointing the day for trial and nxlng
the number of special jurors tnereror'
and when the name of several Jurors were
df avn until the jury box was exhausted
and also when the order was mace sum
moning additional special Jurors from
which to obtain the number or speciai
Jurors Heretofore fixed In said order II
ia immaterial whether such minute en-
try should aff1rmatively show that the
defendant was present when the court
ordered the clerk TO issue mandate to
the sheriff commanding him to summon
the required number of special jurors TO
attend the trial.
.. DYING declarations: sufficient predi-
cate for admission.-On trial under an
indictment for murder. where it is SHOWN
that after the deceased was cut by the
defendant, from which he died, deceased
stated, II am going to die before morn
ing Send for a doctor, my bowels are
out on the ground now. 1 am going to
die before morning" And he stated to
his father that the cut would kill him
and he would die before morning, such
statements furnish sufficient predicate
for the introduction as dying declarations,
and the further statements of the de-
PENDANT as 20 the circumstances under
which he was cut and by whom he was
cut. ,.-
9. Homicide: charge to the jury.-On a
trial under an Indictment for murder.
where there is evidence tending to show
that the defendant inflicted the mortal
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-05
BAILEY v. THE STATE.

Indictment for Murder.-Appeal from the
City Court of Selma.
/. ORGANIZATION Of jury not necessary
for clerk to make certificate as to all Of
the names of the regular Jurors being
upon the venire.--fn the drawing and en-
panneiling Of a jury In a capital case,
there Is no provision of the statute which
requires that the clerk should make a
certificate that the names of the regular
jurSrs summoned for the week in which
th& case was get for trial and served
upSA the defendant were the Jurors drawn
and summoned for that week; and the
failure of the list served upbn the defend
ant to be 30 certified to by the clerk con-
stitutes no ground for quashing the We
nirc.
a. Same; list served upon defendant
should not include talesmen placed upon
the Jury for the week the cause Is tried
In the selection and drawing OF jurors
for the trial OF a capital case In Dallas
County. the Judge fixed the number OF
Jurors from which The jury to try the
case was to be selected, at sixty-nve, ana
then ordered to be drawn from the Juay
box the names of tbirty-two persons fsfsA
with the regular Jurors drawn Tor the
week in which the case was set Tor tfsHt
made the humber sixty-flve. An oroer
was made commanding the sheriff to sum-
monAthe thlrty-tWo persons ~
appear on the day of the trial, and a
further order was made directing the
sheriff to forthwith serve en- the defend
ant or, his attorney of record. copy OF
the Indictment and a list of the Jurors
summoned for the week in which the case
was set for trial. and the names OF the
thirty-two Jurors drawn to make the
number to be served upon the defendant
sixty-five, In orde" to complete the regu-
lar juffes for the week in which the case
was set for trial. three taiesmen were
nlacea upon one of the juries. on the Mon
day morning preceding the trial on Thurs
dav. rIeldEa Tflat 1t was not necessary
to have sessgd Inc defendant with the
names of tie three talesmen so drawn
in order to complete the regular juries
for the week.
Affirmed.
Opinion by Tyson, ].
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-05
HEADNOTES OF SUI
PREME COURT
DECISIONS
JESSE FRENCH PIANO AND ORGAN
co. ". FORBES, ct al.

GU. ". FOAbES, ct al.
Action upon Injunction Bond.-Appeal
from the City Court Of Montgomery.
/. Breach Of injunction bond; attor-
neys's fees recoverable as damages.-The
damages recoverable In an action for the
breach of an injunction bond, conditioned
to pay all damages and costs which any
person may sustain for the suing out
of such Injunction, includes sheriff.s fees
incurred in the dissolution of the injunc-
ton; and the measure of the attorneys
fees recoverable is a fair and reasonable
value of the services rendered in pro-
curing the dissolution of the Injunction.
2. Same; same; fees incurred on ap-
peal.-Where, after the dissolution Of a
temporary injunction. an appeal Is taken
and the decree dissolving the injunction
is affirmed, upon a suit on an Injunction
bond. the sheriff's fees incurred In re-
sisting the effort to have the decree Of
dissolution set aside are the natural and
proximate result of the issuance Of the
writ and are therefore, recoverable.
3. Same; when right OF action accrues.
The right of action on an injunction
bond accrues Immediately upon the dis
solution of the injunction, and 1t 10 nee
essary for the defendant in an injunction
suit to await the final determination OF
the cause in which the writ was issued,
before he can maintain an action upon
the bond dyson, j.. dissenting).
4. Charge of court to jury; sufficiency
of cvidence.-On the trial Of a civil case,
a charge which instructs the jury that
they should return verdict for the de-
PENDANT If there be an element OF uncer-
tainty in the evidence which they can
not solve, is erroneous and properly re-
fused.
Affirmed.
Opinion by Dowdell. J.
Tyson, j., dissenting.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-05

an indlntm snt-The caption of an indict-
ment should be copied along with the
charging part OF the indictment into the
final record thereof; and for copying such
caption into the final record, the clerk is
entitled to the fees prescribed by statute.
2. same order setting date for trial.
Judgment and sentence.-The order set
ting day for the trial of capital case.
the Judgment on verdict rendered therein
and the sentence pronounced on the judg-
ment are all necessarily entered upon the
minutes of the court, and neither OF them
has any place in the final record re-
CURED by the statute Code. Sec. 934. subd.
81; and, therefore. the clerk is not enti-
tied 10 fees for copying the same into the
final record.
Reversed and rendered.
Opinion by Mcclellan, C. ].
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-05
Novelist Ford's Courtesy.

No other aneedote concerning the late
Paul Leicester Ford, shows better his IN
nate courtesy and self-possession than
the following:
1t was at a,literary reception in Brook
Ign. A number OF ''lions" of greater or
less magnitude were there. among them
a clergyman whose somewhat arrogant
manner made him unduly consp.cuous
= AS he came Forward, blinking flearsight-
eddy, 10 greet hia hostess he noticed 4
sh6s4 slight figure standing az her side.
Without looking more closely at this
secondap eEsoH, Whom he supposed to be
one OF the boys OF the neighborhood, the
clergyman slapped him Familiarity on ths
shoulder crying: -
well. how are you, my little fnanT'
Very we'll thank you" replied the
those around them.
Fine lad! Who is he?" queried the
clergyman, turning to his hostess
1T is Mr.. Paul Leicester Ford, tina
guest, of honor this evening" she an
swered.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-05

ton entitled to include cost of suit in
contributipn,zzW Where the surety upon an
official bond. against whom suit Is
brought, pays the judgment and costs re-
covered against him, the contribution to
which he Is entitled is not limited to the
actual default of the principal, but should
embrace the costs Of the suit in which
the default was established. where there
was reasonable ground Of defense for. the
suit, and such surety acted as a prudent
man would in the light Of facts and CIR
ctmstances showing probability of sue
CO IS in whole or in part in his defending
the suit
s. Oficial bond: when binding as a
statutory bond.-Where the tax collector
gives bond as is required by statute and
which was acted under by him, such
bcrd, although 1t may be subject to OBJ
lection as to penalty time of approval,
ETC., stands by virtue of the statute in
the place Of the official bond subject to
all the remedies Of a bond executed, ap-
proved and filed according to law (Code,
Sec. S0S9, including those conferred by
said bond sureties among thems elves
Code. Secs. 31lS. 1922
Affirmed.
Opinion by Tyson, ]. ~
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-05
1o,NEAL Y. CURRY.
" NEAL W W
Action of Assumpsit.-App from tn
Circuit Court of Henry.


Action of psit.-Appeal from the
Circuit Court of Henry.
/. Set off; admissibility Of evidence
In an action of assumpsit where the
plaintiff was due him for articles of mef-
chandise sold at his request, and the
plaintiff by replication sets up that such
articles of merchandise were sold to a
third party and that, the plaintiff had
never promised by writing, expressing a
consideration, to answer for the debt of
said third party, it is not competent for
the defendant. on cross examination OF
the plaintiff. to ask him whether or not
he had made provisions for said third
party to purchase such articles of mer-
chandfse from any other merchant than
the defendant s'+'r
. Same; same.-In such a case, where
it is shown that the defendant let a
third party who was a tenant of the
plaintiff. have a certain amount of money
only after the plaintiff had signed a note
as surety for his tenant. and that the
articles of merchandise sold, the price
of which was sought to be set OH against
the plaintiffs demand was separate
and apart from the money given to de-
PENDANT after the execution of said note
it is competent for the plaintiff to show
the circumstances under which the de-
PENDANT gave the money to the tenant
and that he refused to let the tenan;
have the money until the note was signed
by the plaintiff.
g. Same; same.-In such a case. 1t is
competent for the plaintiff to prove that
he gave his Individual note to the defend
ant for articles OF merchandise which he
purchased from the defendant during the
wear in which the merchandise was sold
10 the plaintiffs tenant.
Evidence; adTnissibility of testimony
showing feeling of witness towards party
IN suit.-In the trial of a civil case, where
witness for the plaintiff testifies to
facts favorable to the plaintiff, and In
answer to a question asked him upon
cross examination, he answers that his
ceilings towards the defendant were good,
q is competent for the defendant to prove
nv him that prior to the time of his tes-
+ifving the defendant had foreclosed a
rn0rtgage1 he held against said witness
and had sworn out Ia warrant against
rim for removing mortgaged property,
and that said witness had fled the coun-
49,. 70 avoid arrest under said warrant;
those facts of themselves not implying a
had or revengefrn feeling on the part OF
+be witness towards the defendant at
the time of the trial.
4 Set OFF; burden of proof.-In an ae-
tion of assumpsit. where the defendant
interposes a plea of set off, the burden
nj proof is upon him 10 establish set
off as pleaded.
Affirmed.
opinion by HARRISON, j.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-05
pUNKL1N v. THE STATE.

Indictment Tor uniaWIuIIy OF WaHto.lIS
injuring or destroying an ariimal.--Ap.
peal from the Circuit Court OF
Lowndes.
1. Indictment for unlawfully or wan
tonly injuring animal; suficiency tnereoi'
An ,ndictrnent which charges that the
defendant '''unlawfully or ,wantonly. kill
ed. disabled disfigured. destroyed or In
iu-aed a COW, the property of" a certain
named person, without averrins the vai-
ue of the injury to the animal so Killed,
disabled, disigured or Injured. is fatally
defective and will not support judgment
of conviction
Reversed and remanded.
Opinion by Tyson, j.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-05

Action of Assumpsit.-Appeal from the Circuit
Court OF Clarke.
l. Statute Of frauds; there must be eonsid-
Grafton expressed TO support a promise TO an
swer for the debt of another.-Under the sta
tute of fraunds Code, Sec. 2l52I a promise to
answer for the debt, default or miscarriage OF
another, to be valid. must not only be In writ
ing, but a consideration for, such promise must
be expressed in writing,
q Pleading and practice sunicieney OF 1udg-
rnent an demurrer-The recital in a minute
entry. that the defendants demuTrers TO the
complaint were overruled ~ does not consti-
tute a judgment upon such demurrers. and
will not support an assignment Of error based
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-05
CARTER V. FIDELITY AND DEPOSIT
COMPANY OF MARYLAND.

'COMPAN1 OF MARY LAND.
Bill In Equity by Surety for Contribu-
tiofr- Appeal from the Chancery Cont
of Mobile.
1. Bill by surety for contribution; suf-
ficient aterment as to liability of Defend
anton a bill fled by a surety upon one
of a series of bonds executed by the tax
collector of a County, against certain OF
the sureties upon other of the bonds for
contribution, 1t was averred that the bond
upon WHICH complainant was surety was
executed on June Is. 1897, and the BOND
upon which the defendants were suretles
was executed on April 10, 1897. u was
averred in the bill that the said tax col
lector ION the first day of April, 1897, de-
faulted in failing to pay over to the
County" as required by law, certain
designated sum- Held: That such bill
was mt subject to demurrer upon the
ground that it failed to allege that the
tax collector converted money of the
County. subsequent to April 10, 1897. the
date of the execution of the bond by the
defendant.
2. Same; when surety who pays oblisa-
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-05

MARENGO COUNTY EFT AL. v. MATKIN
Bill in Equity to -Enjoin Removal Of Court
House.-Appeal from tho Chancery Court
OF Marengo.
l. Location Of county seat: cannot be moved
to territory subsequently added to town desis-
mated as county aeat.-when city or town
is selected as the county seat. the boundaries
Of such city town as they then exist De-
come the boundaries OF the county seat; ana
the subsequent inclusion OF more territory in
such city or town does not enlarge the county
seat; and, therefore, the Commissioners Court
OF a county are without authority to.-build q
new court house upon territory added To the
tJwn designated as the county seat, after the
establishment or designation OF such town as
the county seat.
Affirmed Opinion By Sharpe, J.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-05

uponu the rulings OF the court upon the de-
niurrers
g. Same; when plea should NOT be stricken
"A plea which has merit, but which contains
afnenable defects, should not be stricken on
motion, but the plaintiff should be put to the
demurrer. so that the defendant upon being
apprlsed OF the ground OF objection to the plea
would have an opportunity to amend.
4 Statute OF frauds; how defense raised
Neither objections to evidence nor instruc-
tIots to the jury are available to give the do
fsndant the benefit of the defense of The statute
of frauds; but such defense must be raised
by special pleadings. -.i. j
Reversed and remanded. Opinion by
Sharpe ].
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-05
MILTON v. THE STATE.

Indictment for handicapped from the
Circuit Court of Crenshaw.
l. Trial and its incidents; what minute
entry should show.-Where the minute
sntry shows aftirmatlveIy that the dsfen-
liant. under an indictment for murder was
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-05

wound upon the deceased without provo
cation. a charge is properly refused which
instructs the jury that There is no evil
dence on the part of the State to show
that this defendant brought on the diff
Guilty"
Affirmed
Opinion by sharpe, J. ''~' -
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-05

CARMICHAEL, PRESIDENT. ETC. v.
MATTHEWS, CLERK, ETC:
Petition for Mandamus. Appeal from the
City Court of Montgomery . 49,.
/. Clerks fees; recording Of caption Of
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-05

Nell--He may be poor, but -he-has an
air OF polish. Bell-Yes. | noticed that
his eIbows were rather shiny
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-05

~ owe my success n life." said the rich
man, ITO the fact that have never
taken any chances. How did YOU
manage to escape the church fairsYr ask
ed the palefaced s'oung MANI villa kA@
white tie.
The Tucson citizen., 1902-12-03
Americans Abroad.

The mere fact of an American citizen
taking a trip abroad or residing there
for a short period does lot deprive
native born citizen of this country OF
his citizenship, nor does he lose the
right to the protection of this govern
ment by so doing. If he abandons his
residence here, he loses his right, to
vote just as if he moved to another
state, but acquires it again by return
ing to this country. Nearly all the ma
tions on the globe claim the right of
authority over native born citizens of
their own countries even after those
citizens have acquired citizenship else
where-that is. if native Russian
comes here and is natualiZed, then re-
turns to Russia for a visit, the Russian
government might compel him to do
army service despite his American citi-
zenship. This principle was embodied
In the famous expression "once an Eng
lishman, always. an Englishman," so
much quoted during the war of 1S12.-
Detroit Free Press.
The Tucson citizen., 1902-12-03
The Coroner ana the bottle.

The following little scene at an In
quest upon the body of a murdered
uan is reported by a correspondent of
the Anglo Russian from, AstrakhaE:
The coroner debating to his clerk: ''On
the table was found bottle No:
stop for moment. We must ascertain
Its contents" The coroner, tasting the
liquid. dictates: ''The. bottle contained
English gin. Perhaps not; am not
sure; taste it yourself" The clerk,
having done SO, replies, II think it is
simply strong vodka The coroner,
tossing off another glass: ''No, really.
1t tastes like GIN" The clerk. tasting
the liquor again, II still think it is only
vodka"
The bottle having gradually become
empty, the coroner proceeded to dictate
in a decisive tone: Write: An empty
bottle was found on the table, and all
measures taken to ascertain what it
contained were of no use."
The Tucson citizen., 1902-12-03
The Strain ON Pnrenfa

"What is mohair, mammy?" asked
Sally Peterson Jones. looking up from
her slow perusal Of the newspaper and
keeping her place on the page with o
dusky forefinger.
Nanny Jones began to rock faster.
"You know wat hair is. s'pose, don
you?" she inquired.
ooh, yas'm." responded Sally prompt
".
'Well, den, does you know wat mo
is?" asked her mother rocking still
faster.
Nom" admitted Sally with great
reluctance.
"Well. chile. you can't spec me to
take de place oh natchel hist'ry OBJ
animals fo' you," said her mother calm
ly. allowing the rocking chair to slack
en- its speed. "W'en you've hunted up
de mo in one oh your schoolbooks an
know jes' what he looks like, come to
me. an III 'splain de rest. But chiIien
mus und'take some work on dere own
eddication, shorely. 'Ta!n't right 70
payments to do it al"
The Tucson citizen., 1902-12-03
The Do Points of Powder Fame.


The Du Points own powder mills In
all parts of the country from the At.
lantic to the Pacific. Among the Du
Points themselves there is process Of
selection for those who are to have to
do with the powder works. The
youngsters are watched, and when
one shows nervousness In the face of
danger he is placed somewhere else
than in the powder mills. The rule is
that Du Pont in person shall always
lead whenever there is imminent dan.
ger. a number of Du Fonts first and
last-and some of them important ones
have been killed under this rule, and
there repeatedly have been heroic es
capes from death through this disre.
gard of the fear of it.
The family rule is a despotism, and
q very strict one. The family always
has a head, and what this head or
chief says the other members of the
family do. This headship does not
necessarily descend from father to sob.
even when there are sons. Sometimes
1t goes from uncle to nephew. the main
point being to secure Du Pont thor
oughly competent to manage the bust
ness affairs of the family.-New York
TN1pio