davidaulloa/AmericanStories huggingface dataset:
Wadsworth semi-weekly dispatch. [volume] (Wadsworth, Nev.) 1899-1904, 1902-10-28
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! BRIEF ITEMS OF }
! TOWN AND STATE !

sunday
There are forty-two prisoners in the
ouny jail.
Miss May Pollock has returned
pm Sacramento.
thoroughbred pointer pups for sale.
e. D. Bracey. #
Misses Christensen and Hickey have
suned from Genoa.
Miss Gertrude Pike visited her par
.1s in Reno Saturday.
H. D. Esam has purchase fruit
sDch near Sacramento.
R. Hodge and little daughter
ssrs down from Reno Sunday.
Room TO RENTAL elegantly furn-
Shed front room to rent. Inquire this
Office
P G. Rowan. tlmekeeper for Xii
pahck Bros. was down from Clarks
Sunday
Fasale or Rent--A second hand
singer sewing machine, cheap. Mrs.
M Kaiser At
ROOM AND BOARD for two more men
+ 'st S. per week at Mrs. Bracy's back
rOuadhouse.
Sanford defeated the University Of
Nevada at football by score Of II to
Esl Palo Alto Saturday.
WANTEp:-Two or three furnished |
Eons for lighthouse keeping leave
'pi at the postolfce.
A BARGAIN in a good upright piano t
nnb9 obtained by calling at Theo.
Retmore resident on River street.
Wm. ]. Bryan addressed a large
1ssd Of people from the depot plat
im While en- route East Saturday
Tuscarora Miners Union has sent
! check for $3o5 fer the relief OF the
liking coal miners OF Pennsylvania.
Vernon Smith, night car seal er,
dsparted yesterday for San Francisco,
having resigned his position with the
|SP Co.
hAustin, Friday, the jury in the
tss Of the Watt brothers, charged
With cattle stealing. returned verdict
onot guilty.
Mr.. and Mrs. A. r. jeffrey are
EeHding few days at Redding Cal.
They contemplate purchasing farm
and making that place their future
home.
mos Doll. Geo. Likes, ChaS. Arac,
Vim. jeffrey, Herbert Anstin, Eugne
Roche and Chas. Wightman were
among ChWchills people who went to
Keno Friday night,
Car Inspector George Eib had the
misfortune. Saturday. to have his left
ankle run over The leg was bru'sed
nearly to the knee and will have to BE-
amputated Trackee Republican.
Have just received at the Postoffice
o'ofe the best line Of candles that has
ever come to town. including hore
Mound sticks-a and drops. licorlce drops
ana tablets rock candy. pure lemon
afo2s; also high graie chocolates in
O'ls'nal packages and roasted peanuts
Nj. and Mrs. F. c. Kim, Mr.. and
= ms T. E. Parke, Mr. and Mrs. J. A.
olsgory, Mr.. and Mrs. ]. NJ. Blanch-
~. anu m'SS Nina. Mr.. ana Mrs,
Inward c'' and Miss Maize Dillard. Mrs.
smllsr . and Mrs. Laveaga were
a" aa"o"g those who visited Reno FRI
''ayeyening.
iue tImes is drawing near for the
= s'Ss.'nists' sS,s grand ball. II you haven't
NV sINe' get one at once. Preparations
s ueng made to make the affair the
! .a' 'a 9. the season. The members Of
,.,0! ~ 70 are past masters at enter
bs', e' ana YOU will miss one Of the
9,n,, social events Of the year if yor
''''s Of 20 men is employed al
The Montgomery advertiser., 1902-09-12

4 MCKINNEY v. THE STATE.
Indictment for Arson,-Appsal from the
) County Court Of Clay.
1. Confessiohs; when shown to be vol
untary.--A statement made by a sheriff
in . iconversstiop Nith the defendant
while the latter was In his custody under
. charge for smother and different offense
ard before amy charge had seen' preferred
against him In the pending case. that
he. the sheriff. understood that IA reward
Of $500 had been offered for the arrest Of
ths person who committed, the offense
charged In the present indictment. and
that It was, his custom to. divide the re-
ward with those who helped him to find
out the guilty, person, - promise of
benefit. To- the d.fen liant and
offers no hope. or favor In respect to the
charge for which hs was being tried; and
such promise Goes not render the confess
sicns subsequently made by the defena-
ant invoiuntavy. and, therefore, inadmis-
sible In evidence. ;. -. r..
2. Voluntary confessions; mhat ques-
tion for the jury and what for the
court.-As to whether or not q con-
fessicn made by Z defendant is voluntary
or Involuntary. ~ a prel,hirary question
addressed TO the court. and after the in
PRODUCTION Of such confessions, the weight
that shall be accorded to II 10 a ques-
tion for the jury; snd charges which re-
fer to the admissibility Of confessions In
evidence to the jury are erroneous and
properly refused. A
Z Affirmed -
Opinion by Dcweli, j. y
The Montgomery advertiser., 1902-09-12
vERsED IN SCIENCE IN ART.
Baltimore Girl Who Has Taken
Place Where Pathology Is Of
Servica

Miss Katherine H. Montague of Balti-
more. has recently. taken up In Phiia-
delphia a profession somewhat peculiar
for one of her sex-that Of pathology.
among the most learned scientists. who
declare that her equal does not exist.
After working for three, years with DIR.
J. Whittredge williams Of Johns Hop
delphia to assist Professor Simon r.
Flexner. had Of the Pathological De-
partment of the University Of Pennsyl-
vania Medical School.
Miss Montague Is painter of mi
crobes. She possesses q wonderful tai
emit for reproducing with the brush the
minute organisms which are visible only
under powerful microscopes. and her
work is. therefore, of inestimable value
to investigators.
Although engaged for so long in DR..
Williams laboratory. 1t was only recently
that Miss Montague's contributions to
science became known to the public.
She Is sister to Mrs. Basil Gordon, one
of Maryland's social leaders. She is 20
years old. decidedly pretty, possesses a
fortune in her own right and occupies a
high position in Southern society.
1t was through Mrs. Gordon that Miss
Montague became assistant to DR.. W.T.
liams. He has been engaged for ten
years upon a work on bacteriology. and
mentioned to Mrs. Gordon that 1t was
imp 1sSible to find an artist who could
reDsOuuCe the QelIcatS ILLUSTRATORS so
desirable for the book She asked what
qualifications were desired.
Absolute accuracy, a firm touch and
the most delicate SKILL replied the SCI
enlist.
Mrs. Gordon suggested that her sister
could do the work. and after weeks of
persuasion the latter consented to UNI
dertake it. Max Broedel, the official IL
illustrator Of the University, declares that
Miss Montague's work excels that of any
other artist in the world.
The Montgomery advertiser., 1902-09-12
BRAGG VI THE STATE.

Indictment for Practicing Medicine With
out Certificate. of Qualiflcation.-Ap-
peal from the Criminal Court of JEFF
ferson.. Is
l. Construction Of statutes; interpreta-
tion Of TECHNICAL words practtcing medi-
cine. Medicine" or practicing medi-
cine" as used in. the statutes in this
words used In reference, to an art or
science, and must, therefore, be inter-
preted,r not according to their mere ordi-
nary general meaning. but according to
the meaning or use they have when ap-
piled to particular art or science in
reference TO which they are used.
z 2. Same:, same; Medicine" as
used, In the statutes of this State, per-
tanning to the regulation OF the practice
Of medicine, has a technical meaning. and
as science, the practitioners of 1t are
not simply these who prescribe drugs or
other medical substance, as. remedial
agents, but are those who diagnose dis
ease and prescribe or apply any therapeu-
tic agent for its cure. 49, =.
s.. Statute for regulating practitioners
Of medicine to obtain certificate OF quail
feation. includes those practicing osteo-
pathy-Thc statute which makes II I'M
lawful for any person to. practice ''medi-
cine or surgery without having first OBJ
tanned a. certificate Of qualification from
one of the authorized boards of medical
examiners of this State" embraces those
who practice osteopathy. which. as a
science or art, includes the diagnosis of
diseasc and the treatment thereof by a
system Of manipulation Of the limbs and
body Of the patient with the hands, by
kneading. rubbing or pressing upon DIFF
ferent parts Of the body.
4. Statute regulating practice of medi-
cine: constitutional.-The Legislation Of
the state pertaining to and regulating the
practice of medicine In the, State Is a
valid exercise OF the police powers Of the
state. and is constitutional. tst
Affirmed. 49,
Opinion by Tyson J. ..-,..
The Montgomery advertiser., 1902-09-12
PUT ON SCHEDULES
STREET CARS WILL BE RUN ON
A TIME TABLE.
I All Lines Of Montgomery Street Rail
way Company, Except Clover
! dale, Have Now Only 8
Minutes Wait.

/ Every ear on the Montgomery Street
Railway system will run on a schedule
fodsy with the exception Of tn. Cloysr-
dale line. This improvement in the car
service will go into effect this morning.
For a long time. several years. the pub
lie of Montgomery have continuously COM
blamed Of the trregularity OF the cars Of
the street railway. Improvements to re-
move any cause for complaint are being
made every day in the system. and Man
ager Raphael Semmes deci led that the
matter of regulating the time Of the cars
was one of the most important improve
nsents that could be made lib
He announced yesterday that these i'm
movements would go into effect today.
ana the conductor OF every car on the
system was given a time card by which
he shall be compelled to make every trip.
Manager Semmes said yesterday that
while he had made out and intended to
enforce a schedule on all lines. still his
action would be barren of results IL the
nublic did not assist him. To do this, he
urges that the patrons be prompt in get
ling on and off the cars. not to wait on
che street corners and talk until the car
has moved on and then hail II, causing
the motorman to loose minutes, which 1t
Is impossible for him to make up
The wait between cars on all lines but
one will be only twelve minutes, accord
ing to the new schedule. and the man
ager believes that the cars will be able
10 keep up this good time IL the public
cooperate with them.
No change will be made Immediately
on the schedule Of the Cloverdale line.
On this line there are only two cars, and
\ the management of the system claims
fant 1t Is a physical impossibility to run
more cars on 1t with the present track
conditions existing. Manager Semmes
saws that within the next few days the
Hull Street switch will be moved from
~ present position near Winnie Street
/. - 4 location farther out the track. He
saws that this will so facilitate matters
4 that in the future three cars can be put
~ the line. He hopes then to run the
cloverdale cars to the depot every eight
minutes.
Ii frazer. master mechanic Of the
The Montgomery advertiser., 1902-09-12
JOHNSON V. STATE.


Indictment for robbery-Appeal from the
City Court of Birmingham.
/. Former jeopardy and acquittal;
should be severally pleaded and not rails
ed by motion to quash indictment.-The
fact that the defendant in a criminal
case had been put in leopard or acquit-
ted In a former Indictment for the same
oftense by reason of the fact that he had
been put to trial on said former indict-
ment that In the course of that trial
the evidence. developed variance be-
tween the averments of the indictment
and the facts proved; that the Solicitor
had, under the statute Code. Section
1879, dismissed the prosecution with a
view to the. preferment of another, in
dictment, and that the proper order to
that end had not been entered by the
court such jeopardy or acquittal fur
nished no ground for quashing the in
dictment subsequently preferred against
the defendant, but 1t should be severally
pleaded. which plea or pleas should be in
terposed before the plea of not guilty.
q Motion to quash indictment; ad-
dressed to discretion OF the court when
filed after plea Of not guilty interposed.-
A motion to quash an indictment, which
is filed after the defendant has interposed
the plea of not guilty. is addressed Ia
the sound discretion of the trial court
as to whether the court would override
the motion and put the defendant TO his
demurrer or plea in abatement; and the
exercise of this discretion Is not revis-
able.
8. Organization of petit jury; talcsmar
not required to be served on defendant
While the defendant in a capital case
Is entitled to have served upon him a
list containing the names of the special
jurors ordered for the trial of his case
and the names of the regular Jurors who
had been drawn and summoned for tbs
week of his trial, which was subsequent
to the date of his arraignment IL is nc
answer that the copy OF the venire serv.
ed on him should contain the name oil
the talesman who had been impannelled
as a juror to fill the place of the regu.
lar Juror for the week of the trial who
having been drawn and summoned fol-
that week, failed to attend or was eX-
cused; and motion to quash the venirt
on the ground that 1t fails to contain tho
name of such talesman is properly re-
fused
5. Trial and its incidents: effect wher
one Of the regular Jurors is out consider,
ing another case no ground for postpon
ing trial of capital case.-The fact thai
one Of the regular jur1es duly organized
for the week set for the trial Of capita
case is. at the time. Of the calling of said
capital case for trial, out engaged in the
consideration Of another case, constitutes
The Montgomery advertiser., 1902-09-12
LOUISVILLE AND NASHVILLE RAIL
ROAD co " MITCHELL.


ROAD co. v. MITCHELL.
Action against railroad company by ad-
ministrator to recover for alleged neg
liEent killing Of intestate.-Appeal
from the Circuit Court of Jefferson.
1. Action against railroad company:
sufficiency of complaint.-In al, action
against a railroad company by an admin
istratrix to recover damages for the al
legged negligent killing of plaintiffs in
testate, count of the complaint is in
sufficient to charge wanton or intentional
injury and is subject to demurrer, which
alleges that defendant through its SER
want or agent in charge or control of said
locomotive engine, wantonly or intention
ally caused the death of plaintiffs intes-
tate in the manner following. viz: said
servant or agent. with knowledge or no.
tice that numerous persons were or would
likely be upon the tracks of said rail-
road In said town or village of Gilmore,
and would be in great peril of their lives
from the rapid running of said engine
through said town or village without
proper and sufficient warning or notice
of the approach of said engine. wanton-
ly or Intentionally ran said engine
through said town or village with great
rapidity and without proper or sufficient
warning or notice Of the approach Of
said engine. and as a proximate conse-
quence thereof. said engine ran upon or
against plaintiffs said intestate in said
town or village, and so injured him that
he died.
2. Same; sufficiency of evidence.-One
who Is injured in consequence of being
negligently on a railroad track cannot re-
cover. unless the railroad employees are
guilty of such gross negligence or reck-
lessness as amounts to wantonness or in
tention to infiict the injury; and such
wantonness and intention to do wrong
cannot be imputed to the employees unless
they actually knew of the perilous po-
sition of the person on the track, and
with such knowledge failed to resort to
every reasonable means to avert disas-
trous consequences; and this doctrine ap-
plies where the person injured was walk
ing upon the tracks in a neighborhood
where people were accustomed to use
the track to walk across or upon 1t with
out any objection on the part of the
railroad company.
Reversed and remanded.
Opinion by. HARRISON, j.
The Montgomery advertiser., 1902-09-12
BRADFORD ". THE. STATE.

indictment Tor Reflury.-Ap0eal 1TO1n Inc
]; Circuit Court Of 81. Clair.
1. Perjury; sumciency Of Indictment
An Indictment for perjury which 10 in
the code form, except In the ayerment
DESIGNATING the character Of the proceed
ings in which the oath was taken, and in
this averment II ID charged that on the
trial Of the defendant '.in the county
court of ST, Clair County. In prosecu-
ton upon a charge af failing or refusing
to. work on the public road after legal
notice" he testified TO certain facts. etc.
10, valid and suilicfent indictment.
q Indictment for perjury: when no va
Rance shown to exist.--on a trial under
an Indictment for perjury, which charges
that the defendant on his trial under a
prosecutor for failing or refusing to
work on the public road. he rfalsely
svere that on a certain n,orning being the
time or day when he had been warned to
work the public road, he. the said Jim
Bradford was sick and unable to work
the road. DR. 10 gostea.the road to work.
that he did not get up from bed until 0
or 10 o'clock. snd that the reason he
aid not get up from bed sooner and 60 to
The Montgomery advertiser., 1902-09-12
KILLIAN v. cox.
Bill in. Equity BY Judgement Creditor
Set Aside Fraudulent Conveyance

Bill in Equity BY Judgement Creditor to
Set Aside Fraudulent Conveyance
Appeal from the, Chancery Court of
DeKalb. 7t - 80
l.. Appeals; joint assignments Of error
Where an appeal IN taken by several
parties jointly. and the appellants. Jointly
unite In one assignment. the Judgment or
decree from which the appeal is taken
will be anirmed unless the assignment is
good as to all
q Equity: pleading; averment of fact
constituting consideration of conveyance
sought to be set aside as fraudulent
Where bill Is filed by a jud sment cred
itor to set aside a conveyance by debt
or as being FRAUDULENT and void. the
averments of the answer Of the respond
ents are insufficient to overcome the pre-
sumption of unfairness and mala. fides
of the transaction, IL properly averred in
the bill, unless they are Affirmative allie
cations of the facts, relied on. as con-
shutting the confederation and are def
mite. clear and concise In their statements
of such facts. t-; ..~f
Affirmed. $50. .. f.
OpInion by Tyson, j.
The Montgomery advertiser., 1902-09-12
KANSAS CITY. MEMPHIS & BIRMrNG-


I HAM RAILROAD co v. WAGAND.
Action against Railroad Company to re-
cover for loss of Mule.-Appeal from
the City Court Of Birmingham.
/. Action against railroad company for
loss Of mule; when inference Of negli-
gence can be drawn; charge to the jury
In an action against a railroad company
to recover for the loss of mule. where
the plaintiff alleges that the defendant
by its servants and employees did care
lcssly and negligently run one Of its
trains upon and against q mule owned
by the plaintiff" ETC., and it Is shown
that the engineer saw the mule when he
was 500 or coo feet away from him: that
the train attached to his engine was
heavily loaded with freight and was run
ming down grade at rate of twenty
miles an hour. such evidence affords an
inference Of the negligence or the SER
wants of the defendant, although the en-
Rirleer and others Of the train men testi-
fed that they were keeping vigilant
lookout and sfter seeing the mule on the
track they did everything possible to pre-
vent the accident by checking the speed
of the train, etc. and in such case the
question of negligence is properly left to
the jury.
e. Same: same; same--In such a case.
without evidence that the engineer was
alone charged with the duty of keeping
vigilant lookout and to stop the train.
the Jury has the right to consider any
fault in respect Of this duty in the con-
duct of the employment as we'll as in that
of the engineer.
8. Action Of trover: can not be main
tanned when owner has abandoned title
to property converted.-The owner of per-
sonal property may divest himself of title
thereto by abandonment. where at the
time Of such abandonment he intends to
relinquish his property rights: and after
such abandonment, he can not .subse-
quently maintain an action Of trover for
the alleged wrongful conversion Of the
property against one who thereafter as
sumes ownership of IL.
Reversed and remanded.
Opinion by Sharpe, J.
The Montgomery advertiser., 1902-09-12
A Remarkable Horse.
New York Times.

New 4Ork T1meS.
This advertisement appeared in a re-
cent number of a German army journal:
II offer for sale my handsome. gentle,
7-year-old horse, with which have
been experimenting for the purpose of
ascertaining to what extent the intellect
can be developed In animals. He can dis
tinguish ten colors, he can read. he
knows the four points OF the compass,
and he can count from one up to ten. "
The owner Of this wonderful animal is
a Berlin gentleman. Of large means, who
for years has spent most Of his time
training horses.
The Montgomery advertiser., 1902-09-12
BIRMINGHAM RAILWAY. LIGHT 4
POWER co. v. NOLAN.


Action BY passenger against common car
rier to recover damages for being car
ried beyond destination. Appear from
the City Court of Bessemer.
/. Action against common carrier; when
punitive damage will be awarded.-In an
action by a passenger against common
carrier to recover damages for being car
ried beyond her destination, the evidence
for tho plaintiff tended to show that
when she paid the conductor her rare
she told him that she wished to get on
at a certain designated station. to whicn
the conductor replied albright" that
when the train reached her destination
the bell was pulled By another passenger
at her request, and the conductor was
told that the plaintiff desired to get on
that thereupon the conductor replied that
the plaintiff would have to go to the
next station and then gave the signal 10
the engineer to 60 ahead. which he DID,
ard plaintiff was carried three-quarters
Of a mile from her place of destination;
that she there got of and had to walk
back through the wind and cold. wnen
the ground was wet and sloppy from
snow; that as a result she was mace
sick and had been in bad health ever
since. The evidence for the defendant
tended TO show that the conductor DID
not undertake to put the plaintin ON
at the place designated as her point OF
destination; that said designated place
had been discontinued as station on
the road, but there was no evidence that
plaintiff knew that fact. The evidence
also showed that the conductor had au-
thority to stop the train at any station.
Held: That no such evidence apart from
the charge Of wantonness or willfulness
Is made In the complaint 1t was open to
the jury to infer gross negligence on the
part of the conductor, which would au-
thorize the awarding Of punitive DANA
ges: and that, therefore. charges request
ed by the defendant which Instructed
the jury that they could not award punt
tive damages, were erroneous and proper
ly refused.
Q. Same; excessive damages-ln sucn
case the awarding plaintiff $3.50 damages
can not he said to be excessive.
Alarmed.
Opinion by HARRISON, j.
The Montgomery advertiser., 1902-09-12

no valid ground OF objection to. the de-
PENDANT in a capital case going to trial.
: 6. Attorneys; argument Of Solicitor to
jury.-on the trial of a criminal case.
where It Is shown that the defendant had
been several times convicted Of INSIDE
meanors, and had once been convicted Of
a felony and sentenced to the penitent,-
airy. the statement by the Solicitor for
the State during his argument to the
jury that 'tnis oft-repeated criminal
should be severely dealt with" Is with
in the limits of legitimate argument to
the jury. being based upon ample predi-
cate: and such statement furnishes no
valid ground Of objection to the defend
ant.
Affirmed.
Opinion by Mcclellan. C. J.
The Montgomery advertiser., 1902-09-12
HARPER ct at '. REAvEs.

Statutory action Of ejectment-Appeai
from the Circuit Court Of Randolph Z.
/. Conveyance Of land: when instru-
ment deed and not lien.-Where an In
strument conveying land is in form
deed. lis Witnessed and probated as such,
and there 10 no power Of reservation re-
served expressly or by implication, ana
the only word In It to indicate that the
party making it intended 1t to operate
as q will II the word "bedueath' In con-
nection with the word convey" stating
that the grantor "bequeathes and conveys
the lands. describing them by land Of
fee numbers, such an instrument Will
be construed to be deed and not Will.
Affirmed.
Opinion by HARRISON, j.
The Montgomery advertiser., 1902-09-12
HEAD NOTES OF THE DECISIONS
OF THE ALABAMA SUPREME COURT

he and the defendant were on friendly
terms, II 10 competent for the defendant,
on the further cross examination OF said
witness, to ask him what Ii the feeiins
Of your father towards the defendant,
friendly or unfriendsly?"
Reversed and remanded.
Opinion by Mcclellan, C. ].