davidaulloa/AmericanStories huggingface dataset:
Bisbee daily review., 1902-08-03
Effects Local Officers

The justice of the peace and consta- bies in Bisbee have been informed by the board of supervisors that here after they will he allowed no fees by in. county in misdemeanor cases. The -oarC takes this action on the ground tast tEe misdemeanor cases in this
 .ty should be handled ny the city government and not by the precinc' officers. On the other hand, the off cers make the claim that many mis demeanor cases are not covered by the city laws. Up to the present time the police and constables and deputy sheriffs have exercised concur
 er- iurisdlction.
Bisbee daily review., 1902-08-03
PROBABLY A BURGLAR
Some One Tries to Enter Sesiderce
 on Quality Hill

On Friday night some one tried to .Bocf an entrance to the residence of Ed Hutchinson, on Quality Hill, above the Brophy residence.
 Mir. Hutchinson operates the ino- type m the Review offiee and ms wIie and children were alone at home. His dangbter was sleeping in the room into which an unknown man tried to gain an entrance through window. He was trying to raise the window when the noise awoke the cnId wno screamed and the wonld-oe burglar ned The child claims she saw man nIainlv at the window. When MI. hutchinson returned home at 3 o'clock in inc morning and heard the story, he was inclined to believe II 70 nave been only burro at the window, put D.ts mo-uiug ne found evidence sum 1ier1 .o conviuce aim that man s.d tried 10 gain an entrance to ms house.
Bisbee daily review., 1902-08-03
The Tucsco Game

[ re lUCscN Jdnt
 1t seems that the Tucson ball team is not anxious to again cross bats with the Bisbee boys. Bisbee holds the championship. but is willing to give the Tucson boys another chance 10 redeem themselves. Fred Smith, captain of Bisbee club, offered last week to play Tucson for $25o each side. but this was not agreed to. Then De wrote that the Bisbee club would go 70 Tucson and play for 50 per cent If the eare receipts. He expected an answer ny yesterday to this last proposition. but up to a. late hour III the evening had received none.
Bisbee daily review., 1902-08-03
Goes to Los Angeles

Nj J. Sormano leaves today for Los Angeles. where he will join his father. Mir Sormano has been in Bisbee for several years and has made many friends. He was one of the boys who well represented Arizona in the Span ish-American war Sormano and Cor retto opened the City of Bisbee sa- loon a few months ago. Sormano now sells his interest to Mir. Corretto, who will collect all bills and pay obliga- tions Mir Sormano will engage in the wine business in Southern Cali. fornia
Bisbee daily review., 1902-08-03
COPPER QUEEN HOTEL

The dinner to be served at the Cop per Queen hotel today will be up to the high standard of excellence for which the hotel has become noted. The number of Bisbee citizens who take their Sunday dinners at the Cop per Queen is increasing every week. Following is the menu for today:
Bisbee daily review., 1902-08-03
Public installation

Public installation
 The l. O. G. T. of Bisbee will hold a public installation at Library hall on Monday night next. There will be q free entertainment in connection with the ceremonies of installation, including a program of recitations, singing. etc. The evening will CO., clude with a basket service. 4 gen eral invitation is extended to all.
Bisbee daily review., 1902-08-03

Funersl Today
 The funeral of F. J. Wells, who died Friday from injuries received in the railroad wreck on July 1lth, will occur this morning at 10 o'clock from the undertaking parlors of B. F. Ora ham X Go. Rev. J. G. Pritchard will conduct the services.
Bisbee daily review., 1902-08-03
Charity Ball

Charity Ball
 The Economic club composed of ladies Of Bisbee. and having charity for its object. will give ball in the opera house on August Sth. The Eco homie club has a good record in re- lieving people worthy to receive char ity and the proceeds of this ball will be devoted to charity.
Bisbee daily review., 1902-08-03

The Elks
 There will be something doing at the Elks' hall next Friday night. Twelve limitations are slated and it is expected that the branding iron will be unusually hot.
Bisbee daily review., 1902-08-03
MUSIC

Prof. McCaferty's orchestra is il Bisbee prepared to furnish music for all occasions. Playing in resorts. with privilege. price in according Orches- tra consists of violin. clarinet cornet piano or guitar Satisfaction guaran- teed or no pay. Headquarters at Nor ion house 7-31-1w
Bisbee daily review., 1902-08-03
Again Continued

Again Continued
 The case against Henry Teasdale. arrested Tuesday night for cutting a man on Brewery avenue. was again continued yesterday in Judge Browns court, this time to next Monday.
Bisbee daily review., 1902-08-03
A. o. U. W. at Douglas

Mir. Gates. the organizer and pro- moter of the A O. U. W. lodge, re turned yesterday from Douglas where he has done good work. The new lodge in Douglas now has eighty members.
Bisbee daily review., 1902-08-03
The South Bisbee Suit

Inquiries among the stockholders or the South Bisbee Mining and Town site company brings no news concern ing the litigation in which it is in volved The injunction suit brought by the Bisbee stockholders was argued and submitted to the court in Los Angeles during the early days in June, put the judge has not yet rendered his decision The stockholders here are confident that their contentious will he sustained by the court.
Bisbee daily review., 1902-08-03
Prescyterian Services

Rev. J. c. Pritchard will preach to- morrow at Library hall at II o'clock and o'clock p. m. Sunday school at 10 o'clock a. m.
Bisbee daily review., 1902-08-03

If you want a suit of clothes, go to Weaver & Meyers. Brewery Gulch.
 7-27-tf
Bisbee daily review., 1902-08-03

FOR RENT-Bour-room nouSS: ~ completely furnished. inquire at 1ss School Hi'l o''
Bisbee daily review., 1902-08-03
METAL MARKET
Associated PTess.D

Associated Press.)
 New York, Aug. 2.-Silver 523s, Mexicans 41A. Copper, Standard, spot to November 11.35 to 11'60; Lake, Il.9O to 11S5: Electrolytic 11.SO to 11.90: Csting 11.65 10 ll.75.
Bisbee daily review., 1902-08-03
Methodist Church

Methodist Church
 Services as follows: 10 a. m.. Sun day school, II a. m., morning ser vice; 7:45 D .m., evening service. A cordial invitation is extended to all.
Bisbee daily review., 1902-08-03

The coolest place to get a shave ol hair cut is at the billiard hall above the flood gate. Johnson block. S-3-1'
Bisbee daily review., 1902-08-03

FOR RENT-Four room frame fur nished house. Apply to U: D, W."s' opp. Shattuck lumber yard o"
Bisbee daily review., 1902-08-03

If you want your clothes cleaned and pressed, go to Weaver & Myers. Brewery Gulch. 1-21-tf.
Bisbee daily review., 1902-08-03

FOR RENT. Broom house, unfuin- ished. Inquire at 264 Youngbiood DIE
Bisbee daily review., 1902-08-03
BRIEF CITY NEWS.
The Opera Cafe

The Opera Cafe. under the new management, is receiving a good pat ronage and giving excellent service.
Bisbee daily review., 1902-08-03

Trv l. N. Jones baths on School Hill and YOU will be satisfied. 2S cents. o"
Bisbee daily review., 1902-08-03
CLASSIFIED ADS.

WANTEp-Diningr room girl. Mrs. Andy Tong, Calumet mine. s-Z-Zt
Bisbee daily review., 1902-08-03

Don't forget us-McDanlei @ WI" wald. Naco. Everything that ID freshing.
Bisbee daily review., 1902-08-03

Don't forget to register. Judge Brown is a registering ofbcer.7-31-f
Bisbee daily review., 1902-08-03

By order of the Cochise county dem- ocratic central committee.
 B. A. Packard, Chairman C.. F. Nichols, Secretary. Bisbee, Arizona August 1st, 1902.
Bisbee daily review., 1902-02-16

WANTED-A chambermaid at the Grand View hotel. 2-l5tf
Bisbee daily review., 1902-02-16
NOTICE OF FORFEITURE
Bisbee, Cochise county.
 Territory of Arizona.
 February 10th, 1892.


 Territory of Arizona.
 February 10th, 1892. Mir. J. w. Greene:
 You are hereby notified that I have expended One Hundred (s100.00) Dol lars in labor and improvements upon each and all of the following mining claims. to wit: "Ocatea," the June Bird" the Mascot" the Little Mary" the Little Elsie," the ''Cog nice,' the Green Valley" and the "Horse Shoe" mining claims all situ- ated in the Warren mining district, Cochise county, Arizona, as will ap- pear by the certificate filed on the sth day of February, A. D. 1902, in the office of the Recorder of Cocbise coun- ty at Tom bstone, Arizona, in order to hold said claims under the provisions of section 2324, Revised Statutes O. the United States, being the amount re- quired to hold the same for the year ending December 31st, 1901.
 And if within % days from the serv- ice by publication you fail or refuse to contribute your portion of such ex- penditure as co-owner your interest in said mining claims will become the property of the subscriber, under said Section 2324.
 -l2-3m. JAMES REI LILY.
Bisbee daily review., 1902-02-16
Local and Personal

Suns minstrels are hummers.
 Mir. T. J. Harris is very sick at his home in Tombstone conyon.
 Alfred Paul, of Douglas, left on this mornings train for Fl Paso.
 Mrs. J. c. Aetler is confined to hel home with a serious attack of pneu monia.
 Mrs. Mary Walker is visiting friends in Tombstone, the guest of Mrs. Allen R. English.
 J. NJ. O'Connel attorney at law, will shortly move his office into the new bank building.
 Press notices every where speaks we'll of Suns minstrels. They are thirty in in number.
 One of the funniest things that has been presented here this season will be presented tonight by Suns minstrels.
 Mrs. H. C. Hazelwood left this morn ing for La Cananec where she goes to join her husband who is in the employ of the Greene company.
 Jack Wickstrom who received sev- eral severe bruises and cuts about the body, caused by falling rock in the mine, is able to be out again.
 MT. w. F. Morris has accepted the position as foreman Of the stonemasons for the Greene company at La Canan- ca and has left for that place to take up his duties.
 The building on Main street now oc- cupied by NJ. Klein as clothing store, will shortly be fitted up as saloon. Mr. Klein will move his stock of goods in the Opera Club building.
 The Spanish-American War Veterans will hold a meeting today, February Is, at 3 p. m., at Mason's opera house. All members are requested to be pres set, as important business will be trans acted.
 There will be no excursion to Cana nea today as had been intended, owing to the inability of the railroad com pany to provide sufficient coaches. The excursion has been postponed un- til future date.
 The city council has begun business in earnest. The entire Main street is being thoroughly cleaned, the gutters are opened up in a manner that will certainly insure good sanitary condi- lions, and the general complexion of the city begins to brighten. ourt take 3
Bisbee daily review., 1902-02-16

WANrED-Girl to do house work. Apply 3S5 Tombstone Canyon. Mrs. A. Barnaby. 2-14 3t
Bisbee daily review., 1902-02-16

FOR discriminating and fixtures of the Grand Hotel on O. K. street.
 Feb l4-4t
Bisbee daily review., 1902-02-16

Lv. Naco 300 p. m.
 Ar. La Cananea s:3O p. m. Lv. La Cananea 9:30 8. m.
 Ar. Naco 1900 m
Bisbee daily review., 1902-02-16
Susan B. Has a Birthday

Washington, Feb. l5.-Today was the eighty-second birthday of Susan B. Anthony, the woman suffragist. Congratulations are pouring in on ac- count of her wonderful health and vi- vacity. She still does as much work as fifty years ago.
Bisbee daily review., 1902-02-16

WANTED - position as waitress or chambermaid. Call at l89 Brewery Gulch. 2-l6 6tp
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-04

deceased was unintentional accidental
YOU should find the defendant not guilty.
A. Charge of court to jury.-A charge
requested by the defendant in a Grimm al
case, which is an attempt to reply to the
argument made by the Solicitor and asso-
ciates, that there is no evidence of the
facts in the case. when there is evidence
authorizing the inference OF such fact,
is erroneous and properly refused
5. Same; reasonable doubt cannot be
generated by proof of good character
ON the trial of a criminal case. charge
which instructs the jury that the fact
that the defendant is man of good
character may generate reasonable
doubt of his guilt in the minds of the
Jury" is erroneous and properly refused.
g. Homicide; failure to prove venue Of
offense; general affirmative charge-On
a trial under an indictment for murder,
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-04

the deceased. charges which instruct the
Jury that if they believe the evidence IL
the case they cannot convict the defend
ant of murder in the second degree or oil
manslaughter in the first degree, are err
roneous and properly refused.
B. Same; charge of court to Jury.-on
trial under an indictment for murder
where the evidence shows that the killing
was the result of the defendant point
ing a loaded pistol at the deceased but
there was evidence for the defendant
tending to show that the killing was
nurelv accidental. a charge is erroneous
and properly refused which instructed the
mrv that unless the evidence convinces
Won beyond reasonable doubt that the
et4ndant intended to unlawfully point
the pistol at the deceased. you cannot
convict the defendant; if you should be-
lieve from the evidence that the death Of
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-04
ALABAMA MIDLAND RAILWAY CO.
". THOMPSON & HARRISON.

ALABAMA MIDLAND RAILWAY CO.
v. THOMPSON & HARRISON.
Action against common carrier for fail
ure to deliver freight-Appeal from
the Circuit Court of Henry.
1. Trial and its Incidents; right of
Circuit Court to try case without jury;
construction of statute.-The provisions of
a statute providing for holding the Cir
cult Court of Henry County at Dothan
and regulationg the proceedings. therein.
that whenever a civil cause is brought in
said Dothan division of said Circuit Court
IL shall be tried by the judge thereof
without the intervention of jury, I'M
less the plaintiff when he brings the suit
demands in writing on the complaint, a
jury" etc. (Acts of 1S94-95. p. $50 has no
reference to suits commenced in justice
of the peace court and removed by bin
into the said Circuit Court; and. there
fore, in a civil suit commenced in a
Justice of the peace court and removed
by appeal to the Dothan division of the
Circuit Court of Henry County, said court
is without authority, in the absence of
a waiver to that end by the plaintiffs. to
try the cause without jury, even though
the defendant makes a motion therefor.
2. Action against common carrier.-ln
an action against a common carrier for
failure to deliver barrels shipped over
the defendants railroad to the plaintiff.
where the defendant pleads the general
issue and by special plea sets up the de-
livery of the barrels at the station OF
their consignment. which was a flag sta
tion after the plaintiff testifies that no
barrels were put off on the day designat-
ed by the defendant. 1t is competent for
him. upon being further examined as a
ha 10
whether he ever received the barrels
shipped.
8. Charge to the jury; properly refused
when giving undue prominence to a
single fact-Charges requested by party
to suit. which give undue prominence
to a single fact, are properly refused.
L. Same; when general affirmative
charge properly refused.-On the trial OF
a civil case where the evidence for the
plaintiff and the defendant is in direct
conflict, the general affirmative charge
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-04
o'NEIL v. THE STATE.

Petition for habeas corpus-Appeal from
the City Court of Montgomery.
l. Habeas corpus; convict not dis
charged because retained in quarantine
While party who has been convicted
and sentenced to suffer imprisonment In
the penitentiary must not thereafter he
detained by the sheriff for an unreasona-
BILE length of time If at the time OF re-
ceiving the sentence the convict has been
exposed to smallpox or other contagious
diseases, which prevailed in the jail where
he was confined, up to the time OF his
conviction, the detention of such convict
by the sheriff at a place of quarantine
for the time necessary for him TO pc
come immune from the exposure to the
disease. is not a detention for an un-
reasonable length of time. and does not
entitle such convict to his discharge
Affirmed.
Opinion by HARRISON, j.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-04
Reversed and remanded.
Opinion by Dowdell. ].
PRUETT ct al. '. PRuETT.


Petition to revoke letters testamentary.--
Appeal from lhe Probate Court OF
Montgomery. @.SNy -
s Letters testamentary: revoked when
not applied for within thirty days after
Drobate of will-Under the provisions of
the statute (Code, Sec. 81. 5S) where one
-ssSssss.~ as executor under will fails
to apply for letters within thirty days
after the probate of the will, he thereby
loses the right to have letters issued to
him, as against other persons named as
co-executors who made their application
for letters testamentary within the thirty
days as prescribed by the statute; and
such failure on the part of one of the
persons named as executor in the will. to
apply for letters testamentary within the
thirty days after the probate of the will,
when there has been an application for
letters testamentary made by the other
persons named as executors. confers upon
the latter persons to whom the letters
were issued, the exclusive right to act
as executors, and so long AZ the letters
issued to the other executors remain I'M
revoked, the court Is without jurisdiction
to grant letters to the person named as
executor who did not apply within the
thirty days.
p Same; jurisdiction of probate court
TO revoke same-Where the granting OF
letters testamentary by the probate court
is void, such probate court has the in
herent power to revoke them, and a petit
fion to revoke such void letters is proper
1y filed in the probate court issuing them.
although a court of equity has assumed
jurisdiction of the administration OF the
estate.
Reversed and rendered.
Opinion by Tyson, j.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-04
RARNEs V. THE STATE

Indictment for murder.-Appeal from the
City Court of Montgomery.
/ Organization of jury; when failure
to summon one of special Jurors no
ground to quash venire.-The failure of
the Sheriff to summon one of the special
Jurors dawn for the trial of capital
case, whose name was on the list served
upon the defendant. and the return of
the Sheriff showed that such juror was
mot found, hut it failed to state why
he was not found as required by the spe-
cial jury law for the county wherein the
trial was had. constitutes no ground for
quashing the venire.
.. Homicide: charge of court as to
murder in the second degree.-On a trial
under an indictment for murder. where
the evidence for the defendant tends to
show that the killing was accidental. but
there was testimony affording an infer
ence that the killing was roalicious and
unlawful. and if not malicious that it
was intentional. or If not intentional. that
it was the result of the unlawful pointing
Of the loaded pistol by the defendant at
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-04
HEAD NOTES OF THE DECISIONS
OF THE ALABAMA SUPREME COURT

to the satisfaction Of his debts to COM
plainant, but that the kind and descrip-
ton of such property and how 1t Is held
Is kept and concealed and hidden out and
In unknown to complainant and that the
discovery OF the same by the defendant
IL necessary to enable the complainant
to reach and subject the same to the
satisfaction of the demands owing TO the
by his debtor, In sufficient In its aver
ments as to the insufflciency OF visible
assets, for the payment of complainant s
Indebtedness and the existence OF other
assets not subject to legal process which
are kent concealed and hidden out by the
defendant debtor.
a Same: not necessary to show frau-
dulent conveyance.-In order to maintain
a bill for the discovery OF assets ana 70
subject them to the payment OF depts
alleged to be due by the debtor to the
complainant, 1t Is not necessary that the
bill should show any fraudulent convey
ance or attempt to fraudulently convey
property. 1t is sufficient II 1t AYERS the
insufifciency Of visible assets supJect 10
legal process and the existence OF assets
which are concealed and hiooen out
4 Same; when not affected by answer
under oath being waived.-A bill for dis
covery is not subject to demurrer because
answer under oath of its several para
graphs is waived. when 1t contains inter
rogatories addressed to the defendants
for the purpose Of ascertaining the char
acter and location Of the assets, which
are averred to have been hidden out ano
concealed by the debtor. and answer
J under oath to such interrogatories Is re-
quired.
8. Statute o6 limitations: essentials OF
promise to remove bar.-The essentials
to such a promise as will remove the bar
Of the statute of limitations are, that
there must be clear and definite ac-
acknowledgement of the debt. specifica
tion of the amount due, or reference tt
something by which such amount can
be definitely and certainly ascertained
and an uneuuivocal promise to pay.
8. Waiver Of protest; sufficiency OF con
sideration-The agreement of the creditor
not to presently sue debtor constitutes
a sufficient consideration for waiver OF
the failure to protest and give notice
of non-payment of bills of exchange and
notes upon which the debtor was en-
dorser.
Affirmed.
Opinion by Tyson. ].
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-04
q cAMPBELL '. THE STATE.

CAMPBELL v. THE STATE.
Indictment for AdultTy.-Appeal from
City Court Of Montgomery.
/. Adultery; admissibility Of evidence:
sometency Of husband of woman as wit
hess On the trial of man under an In
tctment for adultery. the husband of the
woman with whom the defendant was
sharged with having lived in a safe of
lduitery, and who was separately indict-
I'd for the same offense, Is a competent
witness to prove the unlawful cohabita-
don between his wife and the defend
ant.
2 Same; admissibility of evidence
On a trial of man under an indictment
for adultery. where the husband of the
women, with whom the defendant Is
charged with having lived in a state of
adultery, testifies to facts showing the
commission by the defendant of the Of
Tense charged. and further testified to
privileged communications between him
self and his wife. tending to show a state
Of enmity or alienation on the part of
rho wife, brought about by the defend
ants presence in his house. 1t is COM
petent for the husband Of the woman ia
further testify. that during such con-
,yefsation between himself and wife, the
Attendant, who was In an adjoining room
ard who overheard such conversation.
laughed out loud thereat-
Affirmed 4
Opinion by Mcclellan. c. J.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-04

Continued on Page III
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-04

where there was no proof of the venue
of the homicide. the general affirmative
charge requested by the defendant should
be given.
Z. Homicide; admissibility of evidence.
On trial under an Indictment for muir
der. where there was evidence introduced
tending to show that the killing of the
d, ceased was accidental. and was not
intended by the defendant it is compe-
tent for the witness to testify that a few
days before the killing he overheard a
conversation between the defendant and
another man. in which the defendant
stated that if the deceased did not do
what he wanted done. he would kill her:
such evidence being relevant and material
to the issues involved.
Reversed and remanded.
Opinion by Tyson, ]. { r.