davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1902-12-18
BUILDING ICE PLANT
NEW COMPANY BEGINS WORK
 ON FACTORY.
Scheme is to Consolidate Other Prop critics and Increase the Capacity. Is to Be Completed
 March 1st.

Work on the construction of new loo- ten ice plant in Montgomery has begun. It is located near the extreme north eho
 of North Perry Street.
 The ice factory is building under the direction of a company composed or Messrs. T. H. Moore, H. c. Davidson, J. R. Kelly, w. F. Vandiver, Robert Woolfolk, R. 2T, Henderson, M. F. Le- Grand. w. R. Moore, E. McAdams. A. B.
 Woolfolk, w. J. Payne of Richmond, va,
 Horace Stringfellow and Capt. T. E. Welles of Pensacola. This company will be incorporated and will elect officers in few days, at which time a name will be given the incorpora- ton.
 In speaking of the enterprise, one of the promoters said yesterday: We intend to have everything in readi- ness by March 1st, and to do this we had to commence work at once. The capital stock of the new company
 will be fixed at about $125,oo0, and with the new company will be consolidated
 the plant of the Peoples Ice Factory,
 which was recently purchased by w. J,
 Payne of Richmond, Va, one of the stock
 holders in the new company. It Is prob-
 able that other plants will also be con-
 solidated.
 It Is conceded that Capt. T. H. Moore
 will be elected President of the new com-
 pany, and it is said that the manage
 ment of the plant will be under Captain
 Moore and Mir Robert Woolfolk. The property of the company on which the new plant is being built is in north
 east Montgomery on the old Pioneer Ice Factory ground. In addition to a sub
 stantial brick building. which now stands
 there, a $15, GOO brick structure is in the course of construction One story will
 be added to the old building, making it
 two stories, and the large addition will l be built in conformity.
 The output of the new plant will be | 100 tons daily with a storage room of | HOO toss capacity.
 | The lot belonging to the company is ! 100 by 315 feet, and the main plant will occupy much of this space. A brick sta | ble will also be built wherein the live stock of the company will be kept. ] Side tracks from the Seaboard Air Line | and Western Railways will run inside
 the factory yards to increase the facili- l ties for shipping.
 | With the addition of the 50-tcn plant of
 the Poople's Ice Factory, the output
 will be increased to 150 tons daily.
The Montgomery advertiser., 1902-12-18
BOARD STILL AT WORK
STATE REVENUE BILL IS IN
 PREPARATION.
First Revenue Measure Under the New Constitution Is to Be Drawn With Great Care by
 Officials.

Another long session of tho State Board of Revenue was held yesterday in the preparation of the general revenue bill.
 As at Tuesdays meeting the State off, cers who were present yesterday were Governor Jelks, Auditor Sowell. Attorney General Brown and State Tax Commis- siorer Jones.
 The County Assessors Collectors and Back Tax Commissioners who were pres ent at Tuesdays meeting met with the Board again by special invitation.
 The present revenue code Is being gone over carefully. item by item. The con- ference with the tax officers is to get the benefit of their practical experience in the preparation of the first general revenue measure under tho new Constitution, which, when 1t becomes a law. will be effective for four years.
 The importance of their work is recog- nized by the State officials and they are accomplishing their task carefully and with pains.
 Daily meetings of the Board will be held until the bill assumes definite shape. The Beard meets in executive session.
The Montgomery advertiser., 1902-12-18
Lacking for Train wrecker.

At the office of Superintendent Griggs of the Alabama Great Southern Railroad Queen and CrescenD, today it was stat cd that nothing would be left undone to find who it was removed rail ant caus- ed train No. 1, the fast southbound train, to be wrecked early yenterday near Moundville, seventy-two miles south of Birmingham. That a rail was removed is not doubted, but exactly for what mo- tive cannot be guessed at except as spite against the road. The sleeping car Is unfnjured Engine No. 1S6 is now be- ing taken out of the creek. The trestle is being rebuilt and by tomorrow morn- ing the road will be cleared again. Up to tosight all trains were either being run around from Meridian to Selma and thence to Birmingham. or were being transferred at the scene of the wreck. The body of Express Messenger Colston. who lost his life in the wreck, was car ried to West Point Miss, today for burial. The injured men have all been carried to their respective homes. None of them are seriously hurt. It was e miracle that a dozen and more persons were not killed.
The Montgomery advertiser., 1902-12-18
IS IN SPLENDID SHAPE
TENNESSEE COMPANY IT GOOD
 CONDITION.
President Don IF. Bacon of New York in Birmingham to Inspect
 the Plants-White Man in Trouble.

Birmingham, Dec. H.-(Special. )-The Tennessee Coal, Iron and Railroad Com parry .s sn. fine condition and is making a i3sSs amount of iron and sS-sl. p-csi- dent Don H. Bacon, whose office is in New York, Is now in the Birmingham district and is inspecting the various plants of the company. Accompanied by viceLPresident Charles McCrery and others he spent today at Ensley. where the five furnaces. steel plant and other works of the big corporations were look ed over. The furnaces at Ensley are all in blast and are making much iron. The company Is behind in its orders and have sold ahead for several months next year. The railroad car shortage is in- terfering with this company as well as with other companies in this section. MT. Bacon states that the improvements about the various works of the company com menced some time since will be con- tinued until finished, MT. Bacon has been at the head of the company now two years and is bringing the different plants out considerably. ..f
The Montgomery advertiser., 1902-12-18
White Man in Trouble.

L. P. Morris, young white man, was arrested today by Deputy Sheriff George Courson on the charge of taking away a girl under IA years of age, and was placed in jail. The arrest was made on a warrant sworn out before Justice I. H. Benners by the mother of the young girl whom Morris is alleged to have taken from her. The defendant claims that he married the girl Monday The license record shows that licenses were granted L. P. Morris and Miss Willie Bannon to marry and the licenses re- turned show that Rev. s. B. Johnson performed the ceremonies. Miss Leda West and Miss Collie Fitzpatrick, two young ladies on the Southside, respectable and well thought of, are accused of being accessories to the crime committed by Morris. The young ladies have been recognized, however, for their appearance when the cases are call ed up. Morris says that everything will come out all right when the whole matter is explained. The young couple seem to have eloped last Saturday night. the girl leaving the home of her mother ostensibly to go on a visit to some cousins on the South Side.
The Montgomery advertiser., 1902-12-18

be kept fresh and up-to-date without sweeping changes or unnecessary expense to parents.
 The state tor county) Board of Educa- ton should be charged with making con tracts with publishers as to prNes Of books, and should arrange to have them sold to children at the lowest possible prices. But the prices should have noth- ing to do with the adoption unless ex- cessive There is more than 50 per cent. difference between the value of strong ly-bound book and that of one whose leaves begin to drop out after d month or two of use. And there is no possible excuse for bad print.
 But the qualities of highest importance are accuracy, clearness and pedagogical arrangement, and these alone should be considered by the commission. The cost of books being less than 10 per. cent. of the total cost of schooling, difference of 10 per cent. in the price of two sst5 of books is less than 1 per cent. of that total cost-plainly, a matter not to %- considered when there is an appreciable difference in the literary value or ped agogical merits of the two, or when for any reason one set is better adapted to the needs of the sc:'Aess 4L t~<a :. --:4-s-- lar section. True TIT ETC entire 7.s";, 5E:5 Is true in like proportion for any book on the list,
The Montgomery advertiser., 1902-12-18

this tired woman feels more acutely the aching back and throbbing nerves.
 Sick women, hundreds of thousands of them, have been made well by the use of Dr. Pierce's Favorite Prescription. It establishes regularity, dries weakening drains, heals inflammation and ulcera- ton and cures female weakness.
 ewords cannot tell what suffered for tiir. teen years with uterine trouble and dragging. down pains through my hips and back" writes Mrs. John Dickson, of Grenfeii, Assiniboia Dist, Nv. Ter. rI can't describe the misery it was to De on my feet long at time. I could not eat nor sleep. Often wished to die. Then I saw pr. Pierce's medicines advertised and thought would try them. Had not taken one bottle till I was feeling we'll After had taken five bottles of Favorite Prescription and one of Golden Medical Discovery was like a new woman. Could eat and sleep and do all my own work. 1"
 The Common Sense Medical Adviser, Is sent free on receipt of stamps to pay expense of mailing onty. Send al one cent stamps for the book in paper covers. pr q stamps for the volume bound in doth. Address Dr. Pierce. Buffalo. N.Y.
The Montgomery advertiser., 1902-12-18
MESSAGE FROM CABLE SHIP.
The Silvertown Sends Dispatch whe1
 526 Miles from Land.

San Francisco, Dec. 1.-The Associat- ed Press has received the following mes- sage from the cable ship Sllvertown. dat ed noon today;
 Four hundred and ffty-1ve knots (526 miles) from shore and proceeding at a speed of eight knots. The terrific seas that had swept the decks for twenty four hours subsided considerably at mid night. There Is a heavy swell on today, but the weather is partly clear and pleas ant Indications are for better weather and oalmer seas.'
 The Silvertown started from her an- choring six miles off this port at F o'clock Monday morning on her way to Honolulu and today's report shows that the vessel has averaged more than seven and a half knots about S65 miles) an hour since her departure.
 The S-lyertown mad been out seveSs. trv hours when the message Tas s>s,t. At the same rate 1t will require nine days more to lay the remaining 1870 miles to HorOlulu On this basis the Silvertown should reach Hawaii at noon Friday December 26.
The Montgomery advertiser., 1902-12-18
MOORE V. CRosTHwAIT.

Action of assumpsit-.Appeal from tne
 Circuit Court of Jefferson.
 1, Pleading and practice; when trial py fury waived-Where, from a judgment rendered by a Justice of the Peace ID Jefferson County, a defendant in sucn suit takes an appeal to the Circuit Court of said county, but does not enter de. mand for a trial by jury, sald deIenoant valves a jury trial, and 1t furnishes no ground of complaint to him, that although plaintiff entered a demand for trial by jury, on the appeal bond he did not in- sist upon it. and the cause was tried by the court withount @ jury. without opJec- tion heina made thereto by either party
 2. Same: when statute of limitations no defense-The statute of limitations Of three years presents no defense 70 count of a complaint seeking to recover on a stated account, or to 6 count or the agreed to be paid for a horse sold by plaintiff to defendant.
 3. Evidence; adnissfbility of declara- tions-In a civil action the declarations by a defendant made against his interest are admissible In evidence as being in the nature of admissions.
 3. Action. of assumpsit; sufiiciency of evidence-In an action of assumpsit, where the complaint contains count seeking to recover on an account stated, and other counts seeking to recover the agreed purchase price of horse sold by plaintiff to the defendant, evidence irtro- duced, which tends to show the sale Of the horse by plaintiff to defendant for the agreed price, payable at an agreed time, tends to support each of the counts Of said complaint.
 Affirmed.
 Opinion by Mcclellan, C. J.
The Montgomery advertiser., 1902-12-18
HEAD NOTES OF THE DECISIONS
 OF THE ALABAMA SUPREME COURT

was proof of an alibi.
 G. Charge of court to jury; effect oi defendant's own testimony.--On the tria of a criminal case, a charge which in structs the jury that 'the interest tht defendant has in the case may be esnsiS- cred by srem in weighing his own evi. dence," asserts Q eorrsct proposition ol law anG Is properly given at the request of the State.
 T. Same; charge as to reasonable doubt
 In the trial of a criminal case, charge is free from error and properly given a' the request of the State. which instructs the jury that in whatever form the aues, tion of reasonable doubt may be coucheo and however 1t may be twisted by words, a reasonable doubt Is no more than 2 reasonable doubt. and that i'll considering the case, you are not to go beyond the evidence to hunt up doubts, nor must you entertain such doubts as are merely i'm aginary or conjectural. A doubt to jus. tify an acquittal must be reasonable. ana 1t must arise from candid and tmpar- tial investigation of all the evidence in the case, and if. after considering all the evidence. you can say that you have a fixed conviction of the truth of the charge you are satisfied beyond req sonable doubt"
 Affirmed.
 Opinion by Tyson. J.
The Montgomery advertiser., 1902-12-18
Asks to Quash Answer.

A motion was filed this morning in the mandamus proceedings recently institut- ed by Alderman George B. Ward against Mayor w. M Drennen. praying the court to quash the answer filed by Mayor Dren- nen
 The motion to quash is based upon the allegations that the answer is evasive and that 1t does not show that a state ment has been made in writing to the Board of Mayor and aldermen of the re- mission of the fine Tn the case of Gus Rapps. The time for hearing the manda- mus proceedings has not ye: been definite ly fixed, Judge Wilkerson still being en- gagged in the trial of another case, but
The Montgomery advertiser., 1902-12-18
HIS NAME IS VIBERG.
City Court Jury Sustains Plea of
 Circus Han.

NA1CuS H1dAs
 George Viberg is the name of George Verberg alleged circus "flimhammer, |" says a jury in the City Court of Mont gomery.
 The second of the three larceny cases against the former red lemonade mer- chant of Mains Circus was tried yester- day and in the trial it developed that George Vibere was the man against whom the indictment should have been found It will be remembered that Verberg or Viherg was arrested during the stay oi Mains circus in Montgomery for short changing rural attendants on the big show. For one of these offenses he was found guilty.
 Yesterday he set up a plea of misnomer claiming that his name was Viberg,
 The jury held that his plea was good Viberg was held for another indi,t- ment.
 Porter Taylor. a negro. pleaded guilty to an assault and battery and was fined $l5O
 William Pool, a negro, was found not guilty of an assault and battery.
The Montgomery advertiser., 1902-12-18

Indietm for an Assault with Intent 10
 Murder.-Appea al from the City Court
 of Mobile.
 1, Evidence: cross-examination as to character of witness.-ln the trial Of 6 criminal case where a witness for the defendant testified on direct examination that he knew the general reputation or a certain witness who had testified in be- half of the State, and that it was bad' and on cross-examinatl6n of said oeleno, ants witness he testified that he hao heard that the States witness had been indicted for stealing, it is competent for the Solicitor to further ask said witness for the defendant as to where said state witness had been indicted and Tn what court, and to show all that said witness had heard derogatory of the character of the said witness, upon which he preoi- cated his opinion of bad character.
 2 Assault with intent to murder; ad- instability of evidence.-On triai unoer an indictment for assault with intent 10 murder. where the defendant as witness testified that he and the person assaulted had had prior to the shooting. a dispute as to some land, 1t Is not competent TOT the defendant to show the merits of that controversy. and as to whether or not the defendant was successful in such dis pute: such facts being wholly immaterlal.
 g. Charge as to reasonable doubt. In criminal case. charge is erroneous ana properly refused which instructs the jury that "the humane provision of the law IS that upon the evidence there should not be a conviction unless, to a moral cer- tainty 1t excludes every reasonable ny pothesis other than that of the guilt of the accused. No matter how strong may be the facts. If they can be reconciled with the theory that some other person may have done the act, then the guilt of the accused is not shown by that full measure of proof which the law requires Gilmore V. State, 99 Ala, 154 overrnled, so far as 1t holds to the contrary)
 4. Same; douht arising from good char acter.-In a criminal case. charges are erroneous and properly refused which in- struct the jury that If the defendant has established a good reputation as be- ing a peaceable and quiet citizen, then IL is the duty of the jury to consider the same and give him the benefit of any req sonable doubt which may be created by such proof" and "every man on trlal TOT crime Is permitted to introduce evidence of his general good character: and tnls evidence may alone be sufficient 10 gen. crate a reasonable doubt
 5. Assault with intent to murder; charge as to alibi.-On a trial under an indictment for an assault with intent to nurder where the defendant introduced evidence tending to prove an ahpi, a charge is erroneous and property retuseo which fpstructs the jury that III tne nroof of an alibi reasonably satisnes the i,,rv that the defendant was two miles or more away from the scene of tho alleged assa nit. and that he was. not implicated in the shooting of Cochran, 1t is the outy of the jury to find the defendant hot guilty" such charge assuming that there
The Montgomery advertiser., 1902-12-18
NEGRO SHOWED FIGHT.
Patrolmen Fired Ten Times at John
 Goodgame.

John Goodgame, a negro farmer of Au- tauga County. was arrested yesterday morning at o'clock by a detail of pat rolmen on charges of disorderly conduct and resisting officero.
 Goodgame was first arrested early yes terday morning on Bell Street by Patrol men Potter Smith and Will Downs. The charge was disorderly conduct. Good game refused to go with the policemen and lively fight ensued, The patrolmAr used their clubs but the negro escaped He then ran south from the corner oi Moulton and Bell Streets to Church Street, where he was lost from the sight of the pursuing party. which had gath cred. Ten pistol shots were fired by the policemen.
 Yesterday morning a negro was arrest ed by several patrolmen. He was identi fled as Goodgame and is now in the | County jail.
The Montgomery advertiser., 1902-12-18
Grain and Live Stock Combine.

Topeka. Kas.. Dec. 1.-The Farmers Co-operatiye Grain and Live Stock Asso- eiation is to be the foundation of a new association to be known as the Farmers Cooperative Shipping Association which will have a capital of s2Oo,ooO and which intends to own and control line Of grain elevators in Kansas, Nebraska and Okla homa. A meeting will be held at Lincoln Neb., Jauary 22 for the purpose of ad- vancing the movement in Nebraska. The association expects to start with thirty elevators in Kansas, fifteen in Oklahoma and ten in Nebraska.
The Montgomery advertiser., 1902-12-18
c. D. Brooks a Candidate.

At the meeting of Dirego- Hines Lodge No. 76. Knights of Pythias. last night, the name of G. E. Brooks, the Keeper of Records and Seal of that Lodge, was brought out for the position of Grand Keeper of Records and Seal in Alabama, to succeed the late John H. Donahoo. Mir. Brooks has been member of the order for number of years and has ability for the work. The members of Dirego- Hines Lodge will do all they can to have MT. Brooks appointed. The Lodge last night conferrel the rank of page on three candidates and the rank of esquire on one.. The meeting was well attended.
The Montgomery advertiser., 1902-12-18
Austin Will Keep Busv.

When questioned this morning as to what effect the complaint and damage suit filed against him and his officers for raiding would have on his future course in experimenting alleged gamblers, Chief of Police Austin stated hls intention not to abate his Industry in trying to stop the violation ot the city gaming laws He said: The suit will amount to what all past ones have. Each time they serve to strengthen the legality of my position in going anywhere to suppress gambling where 1t is reasonably suspected the same is going on or has been going on."
The Montgomery advertiser., 1902-12-18
Cutting Clerks, Wages.

Topeka, Kas., Dec. 1.-The difficulty which Western railroads are finding in keping enough mechanical help is caus- ing some of the roads to reduce the sal aries of office employees. The high wages paid to mechanical help makes 1t neces- sary, the companies say, to retrench in expenses and ;he roads are doing this among their office forces.
The Montgomery advertiser., 1902-12-18
Elks to Give Christmas Tree.

Birmingham Lodge No. 79,i B. F. Q. Flks have organized a Baltimore Club to go to Baltimore next year to the Grand Lodge of the order. It is expected that five hundred Elks will go from Alabama to the meeting in Baltimore and Birm- ingham Lodge takes the initiate step to- wards providing a fine trip. The lodge here will give a big Christmas tree on the 18th In their home on Eighth Avenue.
The Montgomery advertiser., 1902-12-18
F. o. Becker Appointed.

A circular issued by B. L. Winchell, Vice President and General Manager of the Frisco system, announces the ap- pointment of F. O. Becker as general agent of the system at this point MT Becker is now here. This makes the fourth new man placed in this district by the Frisco in the past twelve months The possessions of the system in this district have increased considerably through pur- chases also
The Montgomery advertiser., 1902-12-18
Stole . Church Organ.

Frank HILL colored. was convicted in the Criminal Court before Judge D. A. Greene upon the charge of stealing an organ from the Union Baptist Church. He will be sentenced Saturday.
 . The theft of thes Union Baptist Church organ was a bold piece of work. The organ was carried off in broad daylight. the presumption being that any one see ing it's removal would conclude that there was nothing wrong about it. The evil dence showed that after stealing the or gan Hilin drove, over in the vicinity of Pratt City and pawned the instrument for $5. It has been recovered.
The Montgomery advertiser., 1902-12-18
Primary in Ensley.

Ensley, the steel suburb of Birmingham. will hold a Democratic primary tomorrow for the selection of candidates for Mayor. Chief of Police and Aldermen. The little town is one of the most active in the Birmingham district. The campaign has been hot one. There are eighteen can- didateS in all.
The Montgomery advertiser., 1902-12-18
Steamer Nagataka Wrecked.

Victoria, Dec. 1.-The steamer Naga- taka Maru of Yokohama was wrecked during storm forty miles from Laku in shang Tung province on November 2. The 700 Chinese passengers and crew were landed in safety.
The Montgomery advertiser., 1902-12-18
Tn Enforce Anti-spitting Law.

Chief of Police C.. w. Austin today instructed the patrolmen to enforce strictly the ordinance against splitting on sidewalks He declares that the law is not being observed and especially while the women folks are out oh the streets he will make every effort to keep the side walks clear of saliva. Washers" will also be ordered to move on in this city from now on.
The Montgomery advertiser., 1902-12-18

Gl,e knows how sound her sluu1- Der will be and how refreshed the morning will find her. That's the tiredness of
 !. &slthy
 &c tn e.., But ' sSNEsAoS- s:sing for the sick woman to feel tired out.
 Rest only seems to increase her suffering. Just as in profound silence a discord
 jars tn e e ar more forcibly, so now that sh c Aas stopped moving about,