davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1902-08-01
NEYILL V. THE STATE.

Indictment for robbery.-Appeal from the
Circuit Court of Morgan.
/. Robbery; sufficiency of indictment.
An indictment for robbery which de-
scrlbes the property alleged to have been
feloniously taken as thirty cents in
specie coin of the United States, consist
ing OF one piece Of the denomination of
twenty-five cents and one piece of the
denomination Of five cents" Is SUFFICIENT
ly particular in the description OF said
property and Is not subject to demurrer
for vagueness and indefniteness of de-
acription.
g. Same; same-An indictment for rob-
berry which describes the property al
legged to have been feloniously taken as
"a bunch Of keys Of the value Of one dol
lar" and "a knife Of the value of seven-
ty-five cents" is sufficiently particular in
the description of said property. and is
not subject to demurrer upon the ground
Of vagueness and Indebtedness of de-
scription.
3. Same; when election on the part of
the State not required.-Where an indict-
ment for robbery contains three counts.
one of which charges the property felon-
iously taken to be 't .rty cents In specie
coin Of the United States, consisting of
one piece Of the denomination Of twenty
hve cents and one piece of the deHomina-
tion OF I'VE cents" and second count
charges the property alleged to have been
taken as "a bunch of keys of the value
Of one dollar" and the third count
charges that the defendant feloniously
took "a knife of the value of seventy-hve
cents there is not presented a case for
compelling the State to elect as between
several counts Of the Indictment as to
which one he will ask for a conviction.
4. Robbery; admissibility Of evidence.
Where two persons are Jointly indicted
for murder and severance is had. and
upon the trial of one OF them the EVIL
dence for the State shows that the Of
Tense charged was committed by the de-
fendant's co-defendant pointing a pistol
at the person alleged to have been robbed.
ii is competent for the State to prove
that the defendants co-defendant was
seen with pistol an hour or two before
the commission of the alleged robbery:
such evidence tending to corroborate the
testimony for the State
5. Charge Of court as to reasonable
The Montgomery advertiser., 1902-08-01
HEAD NOTES OF THE DECISIONS
OF THE ALABAMA SUPREME COURT

doubt.-In the trial Of criminal case.
charge In properly refused as being ars,i-
mentative, whieh instructs the jury that
before y.u can convict the defendant
you must be satisfied to moral certain
ty not only that the proof is consistent
with the guilt of the defendant. but V
10 wholly inconsistent with eve Other
rational conclusion, and unless you are
SO convinced by the evidence OF the de-
PENDANTS guilt, that you would each YER
ture to act upon that decision In matters
of the highest concern and Importance to
your own interest you must find the de-
PENDANT not guilty"
g. Same: propriety of explanatory
charee.-Where court upon the request
Of the defendant instructs the jury that
II charge you that the only foundation
for a verdict Of guilty Is that the entire
jury shall believe from the evidence be-
yond a reasonable doubt and to moral
certainty. that the defendant is guilty as
charged In the Indictment, TO the OK
ciusion of every possibility OF his inno-
cence and every reasonable doubt of his
guilt; and II the State has failed to fur
nish such measure Of proof and to so i'm
press the minds OF the jury of his guilt.
they should find him not guilty, 1T y
not error for the court by way OF ex-
PLANTATION to further instruct them orally
that that means, gentlemen that every
member of the jury must believe the De
PENDANT Is guilty beyond reasonable
doubt before a conviction should be
had"
Z. Same: same.--where the court at the
request Of the defendant instructs the
Jury that ct charge you to acquit, UNI
less the evidence excludes every reason
able supposition but that of defendant
guilt" It is not error for the court by
way of explanation, to further instruct
the jury that that means you must be-
lieve DEFENDANTS guilt beyond reason
able doubt. or acquit.'
s. Same; charge as to reasonable doubt
--on the trial of criminal case. charge
given by the court at the request of the
State, instructing the jury that If any
one of the Jury has a reasonable doubt
of the guilt Of the defendant. they are
not for this reason required to acquit the
defendant" Is free from error.
Affirmed.
Opinion by Sharpe, j.
The Montgomery advertiser., 1902-08-01
Opinion by Dowden, ].
MAssILoN ENGINE AND THREsHER
co ". ARNOLD 4 co.

MAssILoN ENGINE AND THREsHER
co v. ARNOLD & co.
Statutory trial of the right Of property
Appeal from the Circuit Court OF
jackson.
1. Bill Of exceptions; when will not be
considered on appeal.-When the bill OF
exceptions Ia signed by the presiding
Judge in vacation. and there does not APP
peal in the record that a order was made
by the court in term time authorizing
1t to be signed after the adjournment
Of the court at which the trial was had,
and there APPEARS no agreement OF coun-
sci as provided by statute, such bill of
exceptions will not be considered by the
appellate court for any purpose; and the
recital at the close of said bill Of ex-
ceptions that II was rendered and APP
proved within the time prescribed by the
court in which the hill OF exceptions may
be signed. amounts to nothing mon G
than the statement Of the Judge and is in
SUFFICIENT 10 supply the omission uf an
order Of the court.
2. Trial OF the right Of property: suf-
ffciency OF verdict--while under the pro-
visions of the statute 1t Is the duty Of
the jury on the trial of the right OF
property to assess in their verdict the
value OF each item of property involved
separately, IL practicable Code, Sec. AaS)
IL there appears no evidence as to the
value of each item of the property, and
1t is rcited in the verdict Of the jury that
the jury find 1.-The issue In favor OF the
plaintiff for the property described as
per agreement" the fact that the jury
fail to assess in their verdict each item
of property in controversy separately.
does not render such verdict insufficient
to support a judgment in favor Of the
plairt...; the court presuIning under such
circumstances that 1t was either imprac-
ticable for the jury to assess such items
of the property separately, or that the
failure to do so was In accordance with
the agreement referred to therein.
Affirmed.
Opinion by Tyson, ].
The Montgomery advertiser., 1902-08-01
PAYING BoNI's DEBTs.
Anna Gould to Put 100000 for
Her Hubby's Indebtedness.

New York-July a.-It is stated that
Samuel Untermeyer of New York. has
succeeded. cables the Paris correspondent
of The Herald, in effecting a settlement
of a long proceeding in litigation between
Asher Wertheimer. the London antiquity
dealer, and Comte and Comtesse Boni
De Castelleane. BY the terms Of the
reported settlement. the Wertheimer
claim is admitted for the full amount,
with interest at 4 per cent. Comtesse
Bonni De Castellane agrees to pay at the
rate of 800. 600 per year. The claim with
interest amounts to about $4,000.
To secure the payments the American
courts are 10 make an order for the in
stallments to be paid out Of the income in
The Montgomery advertiser., 1902-08-01
WOMEN WHO WERE WARRIORS.
Many of They Have Followed the
Profession of Arms.


Profession of Arms.
Women soldiers have not been as rare
in the history of the world as many peo-
pie suppose. There are many well au-
thenticated instances Of members OF the
sex serving with distinction In the ranks
Of armies, as well as in the list OF OIL
GERS One of the most remarkable women
warriors, says The Baltimore Sun, was
Christian Cavenaugh. who lived in Eng
land in the nineteenth century. She was
married and had three children. Her hus-
band was carried off to Holland, where
he had to enlist as private soldier. His
wife dressed as a man and enlisted so as
to be near her husband. She was wound
ed at the battle of Landen, made a pris-
oner by the French and carried until she
was exchanged. Then she qliarreled and
fought a duel with her sergeant and was
transferred TO another regiment Again
she was wounded at Families. when her
secret was discovered She was, however,
permitted to remain with the regiment
as a cook.
Many English officers recall the case of
''Dr. James Barry" This woman served
in the British army about fifty years ago
as a surgeon at the Cape. at Malta and
at Barbados. At the Cape ''he' fought a
duel with an officer, who had called
him a woman.
Mrs. Lindley. the wife of soldier,
went through some Of the sharpest en-
gagements of the civil war She enlisted
in company d. 6th Ohio Cavalry, and
fought at Fort Magruder, Hanover Court
House. Bull Run. Antietam and Boons-
boro. She is. said to be still living and
the mother of several children.
Christian, Queen of Sweden, was edu-
Gated and dressed like a boy from her
birth because her father was disappoint-
ed at not having a son. She was more
king than a queen, and after four years
Of rule resigned her crown and went off
to amuse herself in Europe. She was
dressed in mems clothes and acted as up
roariously as any man who ever owned
his clothes by right of sex. She was only
% at the tfTn0.
The Montgomery advertiser., 1902-08-01
Railroads to Consolidate.

indianapolis. July S1.-At a meeting OF
the directors of the Cincinnati. Hamilton
and indianapolis and the Indianapolis
Decatur and Western Railroads today,
1t was decided to consolidate the two
lines under the name Of the Cincinnati
Indianapolis and Western, which will
have an entrance into Springfield, ILL.,
and a good working connection will
Kansas City.
The Montgomery advertiser., 1902-08-01

the hands of George ]. Gould, as trus-
tee. To provide against the possibility Of
loss in the event of Comtesse Boni DE
Castellane's death it is agreed that she
furnish Wertheimer with the life insur-
ance policies for the amount claimed.
The Montgomery advertiser., 1902-08-01

A woman does not consider a man A
perfect gentleman unless he apologies
The Montgomery advertiser., 1902-08-01

NOTICE TO coNTRACToRs-Bids will be re-
eeived by the Board Of Revenue Of Montgom-
cry County till noon Monday. Aug. 4th, for
of gravel. car measurement, on that portion
of the Cater Hill Road known as the Car
ter Hill Lane, county to furnish gravel un-
loaded at Perry's Mill and Pike Road; gravel
to be put down under such rules and regula-
tons as Board nav adopt; to be completed by
right to reject any or all bids. J. NJ. Garrett
County Engineer. 81
The Montgomery advertiser., 1902-08-01
MISCELLANEOUS.

ALL charity patients desiring admission o.,
the wards OF the Montgomery Infirnnarv r,n ~
have admission card from any one OF fha ~
lowing physicians: Drs. ooldthwaite, Mccson,
nieo. Baker, Pollard and Billing, who composa
the visiting stan, or from either the city Or
ling. su-wd- fr- Il
The Montgomery advertiser., 1902-08-01
HERE'S EXACTLY HOW THE
PRIMARY WILL BE HELD
Official Resolution in Full as Adopted by the State
Democratic Executive Committee.

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The Montgomery advertiser., 1902-08-01
FOE SALE

S1r-~-->--~------------>-
FOR SALE-A large ice box. 6 feet high, 6
doors. cork filled. zinc lined. cheap; can be
seen at 4 Amanda ST. II
The Montgomery advertiser., 1902-08-01

III he declaration
e rejected
Executive Committee
shall designate
the meeting
b. lied t chairman
Senatorial Districts which there Senatorial
Senatorial District together with the members of the State
Execut Committee
the
primary convention for the nomination
primary decide
the Of
practicable of this action OF the State
same intoen
The Montgomery advertiser., 1902-08-01
FINANCIAL

Money to Loan
On Diamonds. Watches. Jeweiry, Guns, etc
ESredSamed Pledges For Sale e.
eH--N~ Montgomery Loan CO.,
z N. Court.
The Montgomery advertiser., 1902-08-01
WANTEp-MALE HELP.

WAETED-For u. s. Army. able-bodied. un-
married msn. between ages Of 2i ana IS. citi
gems OF United States, OF good character and
temperate habits, who can speak, read and
write English. For information apply to Re-
cruiting Officer, Moses Building. Montgomery,
Ala. su wd-frt
The Montgomery advertiser., 1902-08-01
FOE RENT.

FOR RENT--A 4-rooni cottage at AZ Isl rFolt.
Immediate Possession given. Apply SO s. Holt
or % Amanda st. At
FOR RENT--A well arranged. comfortable a
room cottage, Immediately in rear Of State
Capitol, No. King St; IT is In good con-
street from the Capitol Hin Public school:
only desirable tenant wanted: rent $40 q
Agent.
FOR RENT-one room, furnished or unfIIr-
nishads centrally located. Address H. c., care
OF Advertiser. ~
The Montgomery advertiser., 1902-08-01
LOST. sTRAYED OR STOLEN.

LoST-A Sunday school Quarterly. in black
morocco cover. either on CloNerdale car or
Perry St. Finder will please return to l6A
. Ferry 81.
LoST-Gold bracelet Finder will please re-
turn to L. w. Ashley, at Montgomery Fair,
ard get reward.
The age-herald., 1902-05-11
TENNESSEE DIRECTORS
 PLEASED WITH PROPERTY

Chairman Don H. Bacon, Directors E. R. Chapman, J. B. Dickson, F. S. Wither- bee and S. L. Schoonmaker of New York. and Secretary and Treasurer L. T. Beech CT of the Tennessee Coal, Iron and Rail- road Company, who arrived in Birming- ham last Wednesday. left for the east in the private car Oceanic" vest erday af- ternoon over the Southern Railway.
 During their stay the directors inspect ed the properties of the Tennessee Com pany at Ensey Pratt City. Bessemer and Ishkooda. MT Chapman is one of the old directors of the company and has often
 '@'' v th'@ district, but he had not been here for over a year. He is a member of the New York Stock Exchange. Just before leaving MT. Chapman said:
 This trip has been in every way agree able, and all the members of the party have been much interested in what they have seen. The company has made many improvements since I was last here, and important additions and betterments will be made this year.
 "As for Birmingham" continued MT Chapman, fit has been going ahead rap idly. The improvements that have been made here have been very marked. This Is surely to be d great big city. It is
The age-herald., 1902-05-11
Builders Offered ThrIy-tWO and
 a Half Gents
UNION DEMANDS THIRTY-FIVE
The Contractors Say They Will Re- sume Work With Non-Unon Men Without Delay-Strike
 Is Now on in Earnest.

An effort was made to bring about a compromise between the building con tractors and the union carpenters on the wage scale but it failed. Officers of the Master Builders Association took the matter up and indicated their willingness to split the difference between their mini mum proposition of 30 cents an hour and the carpenters minimum of 35 cents and make 1t 32h cents.
 A joint conference was arranged for s:3O last night. The executive board of the Master Builders Association met at Turn Verein Hall and representatives of the Carpenters District Council were promptly on hand by previous agreement As soon as the builders stated their read mess to compromise the wage question by signing a scale for an eight-hour day at 321k cents an hour the carpenters said frankly that they would not compromise; that they must have 35 cents as q mini mum wage. This being the District Councils ultimatum, the conference was soon ended.
 The builders have determined to resume work with non-union mechanics without further delay. A few contractors were at work yesterday in a limited way. MT. John L. Burns reports that he had three union carpenters at work yesterday on his Seals Hall job After the adjourn ment of the executive board members said that while 1t might require several days to fill up their rolls, it would be only a question of time when they would have operations going smoothly. They will advertise for carpenters in southern cities. They offer 35c maximum an hour for a nine-hour day.
 Secretary Evans furnishes this as the list of members of the Master Builders Association: T. c. Thompson & Bros., D. J. Moore & Co.,, G. w. Ratcliff, E E. Stevenson, Hamilton & Dedman, Ander- son, Dedman & Morrow, W. J. Marshall, R. H. Moody. T. J. Marshall. & Co.,, A. M Boyte J. P. Lind, Hurley & Pauley, N. B. Walker, Joe Schad, A. s. Owen, J. w. Harmon, Bauer & Co.,, Edwards & Jones, Riddle Bros. & Co.,, w. F. May 6 Co.,, R. D. Alexan- der, A. Stockmar, A. J. Krebs Company, Theo Poull, Thomas & Culpepper Evans Bros, John l.. Burns, the George H. Gib- son Company, J. H. Weaver. A. E. Lewis, J. H. Willow, Grahl Bros.
 Yesterday evening Secretary Connally of the District. Council said he was as confident as ever that the union carpen- ters would win the fight. He said there were only about 150 men unemployed, and some of these would secure work this week.
 A meeting has been called for all union carpenters who are employed, the object ments for the benefit of those who are in a state of enforced idleness on &C., count of the strike.
The age-herald., 1902-05-11
INSIDE THE GROCERY. Some Facts Made Known.

It Is often thought that growers really have very little care regarding the food value of the articles they sell but the real facts are that grocery keepers of the right sort are extremely particular as to what they recommend.
 One of the fraternity relates a tale ''The highest-priced coffee on the market I introduced to my customers and used myself. I began to have bilious attacks, and after a little observation attributed them directly to coffee Every time left off drinking it I got better, but l felt the need of a warm drink for breakfast.
 Along in '96 a wholesale grocer urged me to put In some Postum Food Coffee in my store, which I did with considerable misgiving, for at that time the now fla nous Postum was not so well known.
 He urged me to try 1t myself which did, and was disgusted with the fiat, tasteless beverage; so was my wife. re- membered that wholesale grocer said something about following directions carefully, so I took the package and studied 1t. I at once discovered that we had not boiled 1t long enough-only three or four minutes; but It must be boiled fifteen minutes at least. So we tried it again. with the result that we got ~er- feet cup of coffee, a delightful and health ful beverage. I have continued the use of Post0m i'i my home ever since. We use 1t for breakfast dinner and supper.
 My billions attacks quickly left and I am free from them altogether I began to explain to my customers something of the vaflSo of Postum Coffee and now nave a very large trade on it." Name given by Postum CO. Battle Greek, Mich.
The age-herald., 1902-05-11

fast shaping up into a solid city. have always thought well of Birmingham, but I think better of 1t now than l ever did before"
 MT. Dickson, who was elected direc- tor last Tuesday in the place of MT. H. S. Manning, is making his first visit He has large holdings in anthracite prupt ties and is a mon Of Tia. industrial enterprise.
 T am highly pleased with the Tennes- see Coal Iron and Railroad Company's plants and mines" said MT. Dickson.
 The company has a bright future. A great deal will be done in the way of improvements within the next two or three years"
 Mir Schoonmaker like MT. Dickson was here for the first time. He has been largely interested in the Carnegie prop critics.
 MT. Witherbee is prominent in the min- ing world. He has big capital invested in the Lake Caamplajn region.
 MT. Bacon is always a busy man, but he was particularly busy during his short stay his time. No one ever saw him, however, in better humor. He said he did not expect to return to Birmingham until lext month.
The age-herald., 1902-05-11
TO HAVE BIRMINGHAM
 DAY AT CHARLESTON

Pratt City-Mr. w. J. Outlaw and MT. Sam Foley.
 These committees will meet Monday morning at Il o'clock in the Commercial Club rooms. It is expected by that time they will be able to report a large num- Der of persons who wish to take the trip The plans for the trip will be discussed and 1t will decided to what extent the day will be observed In Charleston.
 Should it be decided to have regular Birmingham Day. the committee will see the Mayor and Board of Aldermen and try to get them to go. A large number of other prominent men will also be asked to make the trip, and take part in the ceremonies.
 Secretaryf Gibson has had a large number of persons to tell him they will go, and many of them will take their families. A number of the members of the Commercial Club have pomised to go.
 The party will leave Birmingham at 4 o'clock Monday afternoon, May 19. and reach Charleston at Il o'clock the follow ing morninfg.
The age-herald., 1902-05-11
STREET CLEANERS
 ARE HARD AT WORK
COMMISSIONER M'cARTlN'S GANG
 MAKING DIFFERENCE IN AP- PEARANCE OF ClTY-EMPTY TRASH BOXES MUST BE INSIDE.

With Cleanliness is Next to Godli- ness' as a motto the members of the sanitary tribe, headed by MT. John Mo Garth, began yesterday to place Bir- mingham in the ranks of the places termed good. Equipped with many wag ons and many workers, the leading mem bers of the tribe Iwooped down on the city yesterday, and already a whiff of cleanliness is In the air.
 Following the street sprinklers where they did business and alone where the sprinklers did not go, the street force swept and shoveled and dumped into wagons trash, dirt and garbage of all kinds until the town looked like a differ ent place. With the garbage men every thing goes-into the wagon. Baby car riages wheelbarrows, boxes and coal scuttles-everything looks alike to them. Each family Is instructed to supply it. self with a box into which all trash and ashes should be dumped. After the first wagon passes the house and this box is emptied it should then be removed from the street, for shortly after the first a second wagon may pass, and If the box Is still outside it will find a place In the wagon. All streets and alleys will be cleaned in this way.
 As it becomes necessary more wagons will be added to the present equipment and every effort will be made to establish a frst-class garbage and sanitary depart ment.-