davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1902-04-26
TO REGISTER COUNTRY VOTERS
Country Board Will Remain Two
 Weeks at Court House

In making their rounds to register the voters in the country beats the Board of Registrars of Montgomery County will more than likely follow the route used by tho Tax Assessor. That is. the Board will begin it's work in the country in the lower beats probably at Beat 12.
 The Tax Assessor ordinarily starts his rounds after leaving Montgomery in Beat 12, then going to Beats 13. II, 15. 16 and 10. After the rounds have been made in the lower beats the Board will. like the Assessor, come to the beats near the city limits.
 When tho round of all the country beats have been made the Board will go to the polling place in each beat or ward in the city of Montgomery and remain for two days. Ample notice will be given In all beats of the coming of the Board.
 The registration books will be again opened Monday. The Board. before be ginning it's country trip will remain at the court house two weeks longer. sts
 Thus far nearly 2,500 or one half of the expected total of voters in Montgomery County have beben registered.
 The official itinerary of the Board in its trip through the country will be an- nouned some time during the coming week.
The Montgomery advertiser., 1902-04-26
n . . AAssas ss .
SMITH V. THE STATE.


 1. Indictment; sufficient averments of ownership of property.-In an indictment for larceny from a storehouse, where the storehouse and the property alleged to have been stolen therefrom belonged to . partnership, the ownership of said store house and the property is sufficiently laid in one of the members of the partner ship.
 9 Larceny: presumption arising from possession of recently stolen property The unexplained possession of property recently stolen does not, as a matter of law, raise presumption of guilt of lar ceny; nor does unexplained possession of goods belonging to another raise the pre- sumption that a larceny has been commit ted and that the possessor is guilty tnefe- of.
 B. Larceny; corpus delicti: admissibility of evidence.--On a trial under an indict- msnt for larceny, until the State has. by positive or circumstantial evidence, shown a prima facle larceny of the property de. scribed In the indictment introduced evi. dence tending to establish the corpus delicti which Is a question for the de- termination of the court, evidence of the possession by the defendant of the goods alleged to have been stolen Ia inadmissi- be.
 4. Same; same; same.--On a trial under an indictment for larceny, If the evidence introduced affords inference of the lar ceny of the goods alleged to have been stolen, the question of it's sufficiency Is for the determination of the jury. and it Is for the jury to de- terminc whether the corpus delicti has heen proved: and in such a case evidence of possession by the defendant of goods of the same kind as those charged to have been stolen, is competent and admissible.
 5. Larceny; admtssibility of evidence On a trial under an Indictment for lar ceny from a storehouse, where the evs' dence tends to show that porter who was employed at the store from which the goods were alleged to have been stolen, was suspected as the accomplice of the defendant in the commission Of the larceny, and there was evidence showing that such porter had access to the base- ment of the store in which the goods al- legged to have been stolen were kept, that this basement opened upon an slley-way and adjoined another store. 1t is conpe- tent for the State to prove that the de- fendant was a porter in the adjoining store and had in his possession key to it's basement. which also opened on said allcy-way; the tendency of such evidence being to show the defendants opportunity of aiding said porter in committing the larceny or for the purpose of showing that he had an opportunity of receiving the said goods from the porter.
 G. Charge to he jury; reasonable doubt.-In a criminal case, charge which instructs the jury that unless the evidence is such as to exclude to a moral certainty every hypothesis but that of the guilt of the defendant of the of- fense charged in the indictment, you shoud acquit him." is erroneous and properly refused. in that 1t omits the word reasonable" as qualifying "hy- pothcsis.''
 Appeal from the Circuit Court of Lau- derdale. Tried before the Hon. l.. B. AL mon.
 Opinion by Tyson. ].
The Montgomery advertiser., 1902-04-26
MRS. IDA |. ROS EI
Grand Niece of Ex- President Jamel
 K. Polk, Writes to Mrs. Pinkhau1.
Thankful for Health Restored by Lydia E Pinkhau
 Vegetable Compound.


 
  "t is blessed than reccver Mrs Pnl3e4 w herewith permitted to publish. x@k Think what to it that lovely wn second that this who cured is grateful that e w.n, oth Lydia E. Pinkhams Vegetable Compound fuy that believe &e3g#S 
  etter as ts*A& &$
The Montgomery advertiser., 1902-04-26
sicians.

What a blessing it would be to humanl ity in general if all suffering men and women knew just what Paines Celery Compound is able to do.
 The work that cannot be done for the sick and suffering by months of experi- mcnting with the common medicines of the day is successfully carried to victory by Paine's Celery Compound in few short weeks.
 The cure of MT. Murph proves fully the assertion made above. After years of failures misery, agony and despondency, Paine's Celery Compound made new man of one who had become A mere wreck-one who was fast nearing the grave.
 Have faith. sufferer. You have strong deliverer at hand able to rescue and save you. From today, let your hope be centered in Paine's Celery Compound and it's mighty power to cure. It has never disappointed any sufferer; 1t will not fail in your ease.
 Mir. R. IT Murph Rich. S. C., under the direction of a kind Providence was led to use the medicine that makes sick people we'll" His testimony Is strong and con- vincing. It shows unmistakably that Paines Celery Compound Is the true health builder for weak. weary, sleepless, and run down people at this season. MT. Murph says
 "I have had nervous prostration for several years I was troubled almost con tinually with nervous headache. could not sleep we'll had become absent mind cd and was considerably run down in flesh and general health. A friend ad- viscd me to try Paine's Celery Compound. | used four bottles and am now in excel lent health, and weigh more than have for five years, all of which I owe to Paine's Celery Compound.
 nAIMoNp DIVES oririnal and only re.
The Montgomery advertiser., 1902-04-26
NEGRO LAWYERS MISSION.
Presence Here of wilford H. Smith
 Causcs . 1umor.

Causes Aumor.
 The presence in Montgomery of wilford H. Smith, negro lawyer, of New York city, has caused rumor that he Is here to represent Alabama negroes who desire to make test of the new Alabama Con stitution,. An effort to get confirmation or denial of this report from Smith failed.
 The negro lawyer formerly lived in Mississippi. He came to Montgomery with letters recommending him to Major R. 8. Teague and Colonel A. A. Wiley. The letters were from Captain Walton Shields of Greenville. Miss, who served with Major Teague and Colonel Wiley. as an officer in the 9th Immune regiment during the Spanish-American war
 Upon the letters from his friend Cap tain Shields. Major Teague stated to the Alabama Supreme Court that Smith de- sired to transact some business with the court during his stay in Montgomery and that he had been admitted to pratice be- fore the Supreme Court of Mississippi. Smith did not address the court and did not State the nature of his business.
 Smith is staying with John w. Jones, a negro who conducts boarding house at 2S South Jackson Street. Evidently he does not desire that publicity shall be given his mission to Montgomery. A representative of The Advertiser who called at the Jones house carly yester- day evening was informed that Smith was asleep: that the door to his room was locked and he could not be awaken cd These statements were made re- Iuctant1y be the negroes at the place who appeared to be willing to conceal the fact that Smith was in the house.
 Major Teague said Smith did not indi- cate to him the nature of his business here further than to say that he had been interested in land cases in Missis- sippi and that en route to New York he had stopped in Montgomery to attend to some business in the Alabama Supreme Court
 Smith is said to be the first negro who ever appeared at the bar of the Supreme Court of Alabama.
The Montgomery advertiser., 1902-04-26
cHAUTAUoUA LAKE, NEW YORK
Cool and Pleasant, 1,45o Feet Above
 the Sea.

On main line of Erie Railroad, midway between Cincinnati and New York. The best way to so Is by way of Erie R. R., the natural way. most comfortable. most direct. No change of cars from Cincln- natl. Handsome Chautauaua Lake foid- CT and Chautauqua quarterly furnished free on application to s. T. Surratt. Tick ct Agent, Union Station, in Montgomery; or write H. C.. Holabird. G. A. P. D., Erie Railroad, No Il West Fourth St., Cincin- natl. o. Tickets sold through to New York with privilege of stopping at Chau- tauaua and Niagara Falls over the Erie R. R. from Montgomery without extra charge. adv-1.
The Montgomery advertiser., 1902-04-26
sse es sssse HEAD NOTES OF THE DECISIONS
 OF THE ALABAMA SUPREME COURT.

to ouash comes too iate.--In the trial of a criminal case, after the plea 10 the mer its hs. been filed, motion to quash the indictment and a plea in abatement come too late.
 Same: when refusal of court to allow withdrawal of the plea to the merits nor reyisable. Whether the defendant in a criminal case shall bs permitted to with draw his plea of not guilty and interpose a pIea in abatement, Is . matter address ed to the discretion of the trial court and is not revisable on appeal.
 5. Organisation of jury. repeal of for mer statute by reason of conflict with subsequent act.--The provisions Of the statute regulating the drawing and or xanixation of juries, that "all laws and parts of laws, general and special. con fiicting with the provisions or this act be and the same are hereby repealed has the effect of repeating all prior acts pro- viding for the drawing and organization of juries which are in conflict with the provisions of the later act.
 L Evidence; general motion to exclude properly overruled. When motion to excude testimony Is general and includes both legal and illegal evidence. it is not error for the trial court to overrule such motion.
 5. Same: admissibility of evidence
 Where on the trial of criminal case, during the cross-exsmination of a wit ness introduced by the State, the defend ant elicits from him part of conversa- tion had with a third party, it is com petent for the State upon rebuttal exam ination of said witness, to show the en- tire conversation between him and said third person.
 6. Same; witness should not be com pelled to incriminate himself.-An accused person can not be compelled to do or say anything that would tend to criminate himself, and his refusal to do so can not be proved as circumstance against him. [. Charges of court to jury; reasonable doubt. In the trial of a criminal case. a charge Is erroneous and properly refused which instructs the jury that If after a cal eful and cautious examination of all the testimony in the case, there is a req soma ble doubt of defendants guilt. in the mind of either of the jurors, you should acduit the defendant
 g. Same; same.-A charge which in- structs the jury that "A reasonable doubt may exist, though there Is no probabif- ity of defendants innocence from tho tes- timony. and if the jury not abiding con viction to moral certainty of this guilt. then they should find him not guilty would assert correct proposition of law and should be given at the request of the defendant, If the word have was in- serted after the word jury and before the word mot"
 Reversed and remanded.
 Opinion by Tyson. J.
The Montgomery advertiser., 1902-04-26
NEW ORGAN ORDERED
TO BE INSTALLED IN FIRST
 PREsBYTEHfAN CHURCH.
It Will Cost 90,o00 and Will Come from Hartford, Conn-Installa- ton to Take Place
 October 1st.

An order was placed yesterday by the First Presbyterian Church of Montgou,- cry for three manual organ to cost 5000. The organ will be installed October 1st.
 The organs which has been ordered from the Austin Organ Company of Hartford, Conn, will have twenty-six stops and twelve couplers. It will be different in internal construction from other organs and will be one of the finest organs in Montgomery.
 The new organ will occupy a position in the church just in the rear of where the pulpit now stands.
The Montgomery advertiser., 1902-04-26

"A neighbor ran in with a bottle of Colic, Cholera and Diar- rhoea Remedy when my son was suffer- ing with severe cramps and was given up as beyond. hope by my regular physician
 who stands high in his profession After administering three doses of it, my son regained consciousness and recovered en- tirely within twenty-four hours" says Mrs Mary Haller of Mt. Crawford, Va This Remedy is for sale by F. G. Fowler. Druggist. -aov.
The Montgomery advertiser., 1902-04-26
SOCIAL AND PERSONAL

e $ $ s. $ $ s B s: $ g g $ B E R
 Mir. and Mrs D. D. Briggs have re turned to their home in Glenmore flats, after a pleasant stay with their parents, Mir. and Mrs. William Lyons of Mobile. They were accompanied by their sister, Miss Etta Rvr les Lyons
The Montgomery advertiser., 1902-04-26
conner Rallies in London.

London, April 25.-Copper which reced- cd steadily throughout tho week rallied slightly today on New York reports that the Heinze interests had been success fully combined under d new company with a capital of sS0.00o,000
The Montgomery advertiser., 1902-04-26

IDA L. ROSER, E. 18th Ave, Denver, Col.
 
 Colorado Wyoming and New Mexico Independent Order
  "DEAR MRS have been married for nearly two blessed with child have, suf complication female troubles painful mensruation, until very recently. called attention intimate friend whose life had simply been inflammation ulceraon bottles Compound cured herr hardly believe herself today health consider myself cured spirits; my official duties all feel times do. You have host of friends in Den ver among count very gratefully RosER 326 18th Ave, Denver, Col" When medicine successful restoring health unquestiOnabIe, it. believe it will help mes If Pinkhams write Pfnkhan, special helpful.
The Montgomery advertiser., 1902-04-26
PEOPLES ICE COMPANY " PEG
 PLIES NATIONAL BANK.

ActlOn upon prOmiSsOTy Hpte
 1. Promissory note; when demand for trial by jury waived. and judgment by default proper without writ of inquiry Where in a suit on a promissory notc after the defendant files pleas accom- panied by.a demand for trial by jury the parties enter into an agreement wherein 1t is stipulated that if the amount sued for is not paid within stipulated time judgment by default can be render cd for the full amount of the claim with interest judgment by default, after the lapse of the stipulated time, ascer- taining the debt and damages without jury, is proper and not subject to objec- tion; said agreement. in effect. with drawing the pleas. and putting the case on the same footing as if they had never been filed and no demand for jury had ever been made. .u F.,
 2 Same: judgment under agreement In an action upon promisory note. where there is an agreement that after the Ia pse of a specified time there should be a judgment for plaintiff ''by default for the full amount of the claim sued on and interest to date of judgment and cost of suit" Judgment for more than tho amount of the note with interest to date of judgment and tho costs of the suit, is
 Appeal from the City Court of Birm- ingham. Tried before the Hon. W. w. Wilkerson.
 Opinion by scClellan, C.,J.
The Montgomery advertiser., 1902-04-26

Commercial Agent Charlie Adams Of the Saaboard yesterday morning received q telegram stating that in deference to the wishes of Montgomery merchants the names of two stations between here and Americus have been changed. The changes are: Cunningham to kinsnaw' and Armstrong to Lobman.
The Montgomery advertiser., 1902-04-26

Don't place too much dependence on en- vlronment'' says the Manayunk Philosopher. Even the toughest rooster may have tender heart
The Montgomery advertiser., 1902-04-26
WALKER V. NATIONAL GUARANTY

WALKER V. NATIONAL GUARANTY
 LOAN AND TRUST CO, ct al. Petition in pending suit in equity by
 third person to be allowed to intervene
 as creditor.
 l. Petition for interaention decree sus- taining demurrers thereto will not sup port appesl.-Where a petition is filed In a pending suit in equity by third person in which he asks to be allowed to intervene in said suit. and upon demur- rers interposed to such petition the chan cellor renders & decree sustaining them. but does hot dismiss the petitioner, such decree is inteylocutory and will not sup port an appeass
 Appeal from tho Chaneerry Court of Jefferson. Heard Mfore the Hon. J. C.. Carmichael.
 Opinion by Sharpe, J.
The Montgomery advertiser., 1902-04-26
ROYAL BAKING .owosa CO.,. .a WILLIAM sr. NEW voar

of the Dallas travel is expected in Mont gomerv today although lots Of people came through yesterday.
 Last night there> were two sections of train No from New Orleans the first one getting in on time at 6:11 p. m. and the last one at o'clock. Two sections or this train went north. the Western, cen trai, Scaboard and Plant System also get ting heavy travel out of here.
 Today every train from New Orleans is expected to come north in sections.
The Montgomery advertiser., 1902-04-26
DAVIS Y. STATE

Indictment for Murder. Appeal from the
 Circuit Court of Bowndes.
 1. Pleading and practice; when motion
The Montgomery advertiser., 1902-04-26

DIAMOND DYES original and only re- liable. Beware of poor limitations
The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1902-10-15
EDMUNDS WON.

The first regular game played by Mont
peiier Seminary this year, on their own
campus, took place Wednesday, when Ed
munds High school defeated the Seminary
boys by the close sc ore of TO 8,
The game began by Edmunds kicking
off; Montpelier fumbled but kept posses
sion of the ball A few short rushes by
the seminary boys the loss of the ball to
Edmunds, who soon made big gains and
eventually touchdown from which "A
goal was kicked, a brisk starting off by
Edmunds, then the possession of the ball
once more by Montpelier, who made re-
peated gains, and-the first half was over.
Score, Edmunds High School 6; NJ S., o.
Wilton began the second half by kick
ing off to NJ. S. who after number of
PUSHES succeeded in making touchdown
but failed to kick the goal. MS now be-
gan to show signs of waking up and it
seemed as if the Montpelier boys would
soon add another five points to their
score, especially when the Seminaries
had the ball within yard or so of their
opponents goal; but il was not to be, for
the High school boys stubbornly held
their opponents for downs and when they
had gained possession of the ball would
undoubtedly have succeeded in carrying
it quite distance down the field had it
not been for a nasty tumble on the part
OF one of their men. Haynes of Mont
pelier got the ball, carried it almost oyer
the line and then lost il to Edmunds, who
made a long punt. With but minute
left to play in, Montpelier made despe-
rate efforts to secure another touchdown.
Once more they placed the ball within a
few feet of Edmunds goal, but being
over-confident or TOO greatly excited, dis
regarded the rules and Edmunds was
given five lines. Time was then up; so
Edmunds won. Final score: f.. II. s.. 6;
M. s., 5. Officials: Referees and umpires:
Whelan and Brett; lnemen, Human and
Thomas; timekeeper Packard Two II
minute halls were played.
The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1902-10-15
DANIEL f. McGONERN.

Daniel F. McGovern, aged sixty-two
years and who is well known in this Sec
ton through his suits against The Central
Vermont railroad, died suddenly at ms
home at 80 Loomis street on Thursday
night.
The cause of death was a severe hemor-
rhage of the lungs The deceased ever
since he was INJURED in the railroad acct
dent has been occasionally subject to
like attacks but his family did not sus-
pect the end was so near and ii came like
shock.
A widow and eight children survive,
Mrs Daniel Hayes. Mrs. Charles Page,
Miss Elizabeth. William, Daniel, Robert
and Moses of this city and Frank of Hard
wick.
The deceased had resided in this city for
eight years and before his injuries was a
dealer in nursery stock. The funeral ar
engagements have not been completed but
the funeral will be held from st. Angus
tines church with burial in the Catholic
cemetery.
The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1902-10-15
Wednesday, Oct. 8.
SENATE-MORNING.

Senator Walbriged presented apeti-
ton from w. @. L. u. in convention
at Rutlandd, asking for continuance
of the prohibitory law and, in case
referendum is decided on, asking
for the right for women to vote on it.
Senator Stiles presented the follow
ing joint resolution relating to the
death of William W. Grout:
Resolved by the Senate and House of
Representatives, That we learn with great
sorrow of the death of William W. Grout
of Barton. His great service in behalf of
this State as leutenant-colonel of the
Fifteenth Regiment of Vermont Voun-
teers in the War of the Rebellion, as
igadier-general of our State militia
when the safety of our State was menaced
and St. Adams raided in 1864, as mem
Der of the House of Representatives in
1868, 90, 20 and IA, and in the Senate,
serving as president pro tempore thereof
in 1876, and as a Representative from the
third district to the 47th Congress, and
from the second district in the 49th, 50th,
5lst, 52nd, 53rd, 54th, both and seth
Congresses of the United States, mark
him as a distinguished Vermonter, and
his sudden death at 66 years of age is
deeply deplored.
Resolved, That a committee of five
from the House of Representatives and
five from the Senate be appointed to
attend the funeral, and it is further
Resolved That, as tribute to the
memory of the deceased, the House and
Senate take a recess from two O'Clock to
three O'Clock on the ninth instant, it being
the hour of the funeral service of the
deceased Adopted.
Bills Introduced.-S u, by Senator
Spencer of Windham, giving women the
right to vote and hold office in town, city,
village and fire district meetings. Cen
eral committee, S. ID, by Senator Wal
bridge of Essex, relating to the traffic in
Intoxicating liquors.
The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1902-10-15
SOUTH RYEGATE.

Peach Thomas is putting in new fur
mace this week. He says he has plenty of
good nice dry wood and wants to enjoy
good solid comfort for one winter at least.
Miss Rutherford of Potsdam, N. Y, is
visiting her sister, Mrs. Macarthur, for a
few weeks.
Rev. Mr.. Macarthur was quite ill last
Sunday and unable to preach. The pros
poets now are that his pulpit will be va
cant next Sunday.
DR.. Lee of Wells River was called to
town the first of the week to consult
with DR. G. w. Darling in Rev. Mr. Me-
Arthur's case. They found no organic
disease but advised rest from all duties
at once.
Mrs Robert Darling and son from
California are visiting relatives and
friends here for fow months.
Charles Hobart returned home with
M. II. Gibson's ''Nettie," last .Wednes-
day. She was drugged just before the
races came off at Swanton two weeks ago
and has been very sick.
Mrs. George Delgamo of Kansas,
former resident of this town and here last
Saturday, will spend few weeks with
her father and mother, Donald Beaton
and wife, and with other relatives and
friends here.
The Ladies Aid society of the Reform
ed Presbyterian church held their regu-
lar monthly meeting with Mrs. W. n.
Gilfellen, Friday, Oct 10, at 2;30 p. m,
the men of the church being invited to be
present at . p. m. to take tea with the la
dies.
Mr.. Upper expects his family here this
week, He has hired Mrs. Casady's ten
ement and will go to housekeeping on
their arrival.
d. A. Fraser has rented Mrs. Arthurs
tenement and will begin house keeping
next week.