davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1902-08-21
TATUM v. THE STATE. =
dictment for Murder-Appeal from [


Circuit Court of Autauga.
/. Homicide; circumstantial evidence
declarations of deceased as to anticipated
difficulty with third person inadmissible
in evidence.-While on a trial under an
indictment for murder, where evidence
against the defendant Is circumstantiai /,
he has the right to introduce evidence to
show that another committed the offense
with which he is charged, it is not COM
petcnt for the defendant in such case, for
that or other purposes to prove decIara-
lions made by the deceased before he was
shot, and which were not a part OF the
res gestae of the shooting. concerning his
previous or anticipated difficulty with a
third person.
?. Same; same; proof of motive as to
third person administration a trial I'M
der an indictment for murder, in the alb
sence of any testimony connecting a third
pcrson with the crime. proof of the mo-
tive on the part of any third person to
kill the deceas ed is not admissible to ex-
culpate the defendant
g. Same; charge as to Albion a trial
under an indictment for murder, where
although there was no plea of abb inter-
posed, there was evidence introduced
whereby the defendant sought to prove
an aliDi, a charge is not erroneous which
instructs the jury that IF you believe
from the evidence in this case that the
plea of an alibi was not interposed in
good faith, or that the evidence TO sus-
tain it Is simulated false and fraudu-
lent, then this is a discrediting circum-
stance to which you may look in con-
The Montgomery advertiser., 1902-08-21

to freight rates and for a little time no
money was made by the boats. l sold
the Allen Glover to Parks Oliver on the
Warrior River. James Montgomery
bought the steamer Antionette Douglass
On her second trip at Tate's Shoals while
aground one of her boilers exploded, about
8 o CLOCK In the morning, and there was
the most distressing scene of my life.
some zoo passengers were on board and
l,SOV bales of cotton. The boat burned
TO the waters edge, and but for the gal
iantry and presence of mind of Commo-
oore King of the Texas navy many lives
would have been lost.
Captain Wainwright began command
ing steamboats, in 1850, when he had the
Wilcox built which he commanded for
ABOUT TWO years. selling her to Captain
Henry Baldwin, thinking he would quit
the business. The next boat commanded
was the Magnolia, for Captain Bill James
In the summer of 1858 he ran the Jennie
Beale for Duke and Hope Goodman-the
1all OF that year was the great yellow fe-
yer epidemic, when so many died in Mo-
bile, Demopolis, Grove Hill and elsewh here
A convention of steamboatmen was held
in Mobile and resolutions passed to charge
81. so per bale for cotton and Is cents per
barrel for freight, stating that heavy ex-
penses necessitated the increased rate
This was met by indignation meetings
all over the country.
Captain Wainwrights boats usually left
Mobile Saturday afternoon about o. clock
81
turning to Mobile Thurs day. 1t was sell
dom that passengers cor Montgomery
running as above. would get hrca 1fas
on the boat Monday morning. Now, boats
reach Montgomery on Tuesday evening
Captain Wainwright commanded a num-
Der of boats and was widely known AS one
Of the most popular captains of the Ala
bama River The last boat, built specially
Tor him and under his direction, was the
Henry ]. King, named for the wealthy
planter who resided at Kings Landing
four miles below Cahaba, on the east
side of the River. and who, through mis-
take, has been spoken OF to river trav-
elers as William r. King.
The war of secession came on, which
with the railroad development that fol-
lowed, ,StrOyed to a considerable extent
the steamboat interest OF the Alabama
River. and our friend sought other en-
ployment, giving up a business he had
followed fer many years with great sue
cess and satisfaction.
The Montgomery advertiser., 1902-08-21
NEWS OF RAILROADS.
Some Experiments With a Box
Car

Car.
A special from Chicago to The New
Orleans Picayune says:
Experiments are being conducted by
the Illinois Central on device that is
likely to revolutioniZe the freight-carry-
ing business The experiments are being
made with a box car. the trucks of which
are fitted with ball-bearing journals,
which make the car run so easily that a
single person can move it. This feat was
easily accomplished today by many peo-
pie who were examining the car as it
stood in the yards The bearings consist
of four races of three-q quarter balls. The
latter are built to take the thrust of the
car when going around curve. There
are 1872 three-quarter balls in each jour-
nal, each of which will sustain a crush
ing strain of 1900 pounds. The smaller
balls will sustain a weight of 5000
pounds. The car in question was loaded
with $4,000 pounds of steel casting and
made the trip to New Orleans, where it
was loaded with coffee and returned to
Chicago. 1t is stated that the journals
have an average life of seven years,
which is much longer than the journals
now in use. The most important advan-
tage claimed for them is the great ease
with which they can be moved. II prac-
tioable. trainloads can easily be doubled
and hauled with the same power now
used This would mean tremendous econ
omy in operation.
The Montgomery advertiser., 1902-08-21
JACKSON V. THE STATE.

Indictment for murder-Appeal from the
Circuit Court of Blount.
1. Constitutional law; validity of act
changing boundary line between two
counties; when amendment valid though
not shown to have been passed by two
thirds vote.-The act Ito change the
boundary line between the counties of
Blount and Cullman approved March 5,
1901" acts of 19OO-1sOl, p. 2O5l) was pass
ed by the House of Representatives and
afterwards by the Senate with an amend
ment thereto, as shown by the Journal of
the House by two-thirds majority Of
each house. The nature Of the amend
ment was not sown by the Journal Of
either house, but the Senate amendment
to the bill was concurred in by the House
by majority voting only, and not two
thirds vote Held: That the concurrence
by the House in the amendment by less
than two-thirds vote, was not in violation
of the Constitution Cart. II. Section 2;
Art ~, Section 22) and did not render the
law invalid as affecting change Of
boundaries without a two-thirds vote of
each house. but that 1t would be pre-
sumed that the amendment was a modi-
fication of the bill in some respects in
affecting the boundaries which should be
concurred in by majority vote.
2. Same; legislative enactment; how
proceedings shown; parol evidence mad
missible.-The Journals of the Senate and
House are the only competent evidence
of legislative proceedings In rferenc to
the amendments of a bill in the course
of tbs passage and parol evidence is in
admissible on an issue as to the validity
of the enactment of statute and the
character of an amendment thereto.
though the character thereof Is not
shown by the Journals of either house
3. Same: act to cange boundary line
between counties not invalid because
made dependent upon vote to be subse-
quently taken.-The act of the General
The Montgomery advertiser., 1902-08-21

solidated corporation with but one issue
of stock and bonds and with but one
Board of Directors and one manag cement;
hence, proposed in this form, such con-
solidations have given the public but lit
tie concern.
The misgivings created are due to the
fact that the controlling interest in both
the Louisville and Nashville and South
ern Railway is lodged in one person or
syndicate and that this syndicate is
thereby able to direct and regulate the af-
fairs of both companies in such a man
ner as to virtually remove all competi-
ton. On this tie most vital point. Pres
ident Spencer seems not to have seen fit
to enlighten the public.
The Central of Georgia Railway Com
pany reports for June gross earnings.
$55S,S64; increase $S1,76 operating ex-
penses and taxes $450,39S increase. SAG.
net earnings. 10S 1866; increase. 3d., 233. For
the fiscal year the report shows gross
earnings, S7,75O691 increase. $500. 976: OPP
Grating expenses and taxes. $500, $40; in
crease. $SOS, s52; net earnings. $3.50, ISL; in
crease. $21.024.
The Montgomery advertiser., 1902-08-21
Railway Consolidation.

President Spencer Of the Southern Rail
way Company. who is one of Mr. j. Pier
pont Morgan's closest advisers In railway
matters is credited with the statement
that The Southern Railway has finished
its map" that 1t proposes to buy no
more railroads; that it is mot involved in
any consolidation prospective or under
way" and that the Southern will not be
consolidated with the Louisville & Nash
willie or Seaboard Air Line. nor Is there
any proposition of such a description be-
ing considered" says The Nashville Ban
ner.
Mr. Spencer is a thoroughly reliable
man. and being in Mr.. Morgan's conf
dence. is no doubt fully advised as to all
that is in contemplation. But in this
statement Mr.. Spencer has only given. in
a somewhat condensed and positive form
what has been previously affirmed There
has never been much appre henslon on the
question of actual consolidation. such as
has hitherto been practiced by railway
companies. The Constitution of Ken
lucky. as well as the laws of Georgia
Alabama, Mississippi and other States.
are quite sufficient to prevent consoida-
items If active competing railway sys-
TENS such as the Southern. the Louis
VILE and Nashville and Seaboard Air
Line. which would enable these properties
to be controlled and operated under con.
The Montgomery advertiser., 1902-08-21
Robbery His Diversion.

For his peculiar method of having fun
Clarence A. Adams of Chester. Vt. must
be credited with striking originality. lie
is a prosperous farmer, aged As. he has
church member and an active politician
For fifteen years he has been commit
ting burglaries, not because he needed
money but because he was amused by
the comments of the puzzled community
in which he dwelt The other day he was
wounded by a spring gun which had been
secretly set, and on being captured made
a statement of which the following is the
main part: Il was never amused by tine
recrea lions that pleased most men | al
ways sought pleasure in some unusual
way, and robbing for the fun of it was
unusual. 3"
The Montgomery advertiser., 1902-08-21
BOWEN V. THE STATE.

BOWEN V. THE STATE.
Prosecution for Running Flying Jennie
without License.-Appeal from the
County Court of Macon.
1. Running Flying Jennie without IL
cense: sufficiency of complaint.-A COM
plant or affidavit which charges that
the defendant did run a flying jennie in
said County this day, without license
against the peace and dignity of the
State of Alabama sufficiently describes
the offense by operating flying jennie
without license. as Is required by stat
ute Code, Sec 4122, subd. 49,
2 Same; sufficiency of evidence.-One
who collects fares from those riding on
a flying jennie aids and abets In the OPP
Grafton of the same: and If such flying
jennie is operated without license. such
person is liable for the penalty for the
violation of the statute requiring licenses
from the operator of each flying jennie
Code Sec 4122 subd. 49,; and this is true
whether such person owns an interest IN
the flying jennie or only receives COM
pensation for the services performed
Affirmed
Opinion by Dowdell. J.
The Montgomery advertiser., 1902-08-21
COMPLETING PENSION ROLLS
State Board Will Finish It's Work
Saturday

The State Board of Pension Examiners
is nearing the end of its task of passing
upon applications for pensions fer the
year 1901. The Board expects to finish its
work and file its report on the total
number of successful applicants Saturday
SfteInoon.
At the close of business Yesterday the
Board had passed upon the pension pa
pers of forty-three counties.
The fund raised by the old solder tax
will be divided between all soldiers who
have made successful application this
year and in all preceding years. In con-
sequence of those already on the rolls,
the number of applicants this year is
much smaller than for any year since
the pension law WAS passed..
The Montgomery advertiser., 1902-08-21
VOTING ct al ". THE STATE

YOUNG ct al " HE . n H.
Petition for habeas corpus-Appeal from
the City Court of Montgomery.
/. Habeas corpus; effect of being bound
over to answer indictment.-Where one
is bound over to answer an indictment.
his case ponds through the term of the
court to which he is bound unless sooner
discharged.
q Same; same.-Where one is bound
over to answer an indictment. and the
court adjourns without taking any action
in the case, he cannot be longer detain-
ed. the mittimus being functus ofdcio.
3. Same; same; continuance.-Where
the court, no indictment having been
found, entered an order of continuance
for further investigation by the grand
jury, the life of the mittimus is preserv-
ed. and defendant can properly be de-
tanned Hereunder.
4. Same: same; same-Where the City
Court has by the mittimus of the COM
hitting magistrate obtained jurisdiction
of the person and offense of a defendant,
he cannot be discharged on habeas corpus
during the life of the mittimus
Affirmed.
Opinion by HARRISON, j.
The Montgomery advertiser., 1902-08-21
Union by HARRISON, ].
HANNIGAN v. THE STATE.
Indictment for arson.-Appeal from II

Indictment for arson.-Appeal from the
County Court of Tuscaloosa.
l. Arson: sufficient evidence as to own
ership.-Where an indictment for arson
lays the ownership of the store alleged
to have been burned in a corporation.
and the evidence shows that the house
set fire to was the property of said cor
poration and was used by it as a general
merchandise storehouse, such evidence
sufficiently shows the ownership as al
legged in the indictment. to support a
judgment of convictions; and a charge re-
quested by the defendant is properly re-
fused, which instructs the jury that IF
the State failed to prove by evidence of
title ownership of the property fired, as
charged in the Indictment, the jury can
not find the defendant guilty
,. Evidence; when not circumstantial.-
Where on the trial of criminal case. the
evidence discloses a positive confession
by defendant of having committed the
crime charged, such evidence is direct and
not circumstantial; ando therefore,
charges requested by the defendant in
such case, which assert that the evidence
against the defendant was circumstantial,
are erroneous and properly refused.
Affirmed
Opinion by Tyson, J.
The Montgomery advertiser., 1902-08-21
EXECUTIVE COMMITTEEMAN
FOR SECOND DISTRICT.

The four candidates for State Ex-
ecutive Committeeman in the Second
District who favor the election of
Governor Jelks are:
Tennent Lomax.
William H. Sanford.
]. r. Porterfield.
C. C. Cocker.
All friends of Governor Jelks
should vote for them. If.
The Montgomery advertiser., 1902-08-21
MARKS v. THE STATE.

Indictment for assault and battery-Ap-
peal from the City Court of Bessemer
/. Trial and its Incidents; sufficiency
of judgment of conviction.-To constitute
a judgment in a criminal case. there must
be some words used in the entry to show
that there has been an adjudication of
terry reciting ''Thereupon the court pro-
nounced: and. therefore. a minute entry
in a prosecution for an assault and bat
teryffi. reciting "Thereupon the court pro-
ceeded to hear the cause without the in
tervention of a jury according to law
And after hearing the same find the de-
PENDANT guilty of assault and battery
and assessed a fine of So" is no more
than a declaration or statement by the
clerk of the action of the court and is
insufficient as a Judgment of conviction
and will not support an appeal.
Appeal dismissed.
Opinion by HARRISON, ].
The Montgomery advertiser., 1902-08-21
KNOX A MARTYR.
What He Gave Up to Get Into the
Cabinet.

"If l am not a famous man, witt. great
civic glory. | am a loser at this game =
was the homely way Attorney General
Knox put it to a friend as he paid his bill
at Atlantic CITY the other day. according
10 a Washington dispatch. The bill
which he was paying was for the accom-
mediation of himself and part Of his fam
lily and was at the rate of SIS day. with
extras He was not adverse to explain
ing. Il gave up a practice worth more
than $4,000 year to accept a position
in Washington worth $s.O00 a wear. gave
up my fine fkme in Pittshurg. where |
have my horses. my farm my comfort ;
and conveniences. my, cOngenial business
and my friends | came TO Washington.
live in a rented house and make new
friends. In the old days picked out a
The Montgomery advertiser., 1902-08-21
HEAD NOTES OF THE DECISIONS
OF THE ALABAMA SUPREME COURT

nection with all the other evidence In de-
termining the guilt or innocence OF the
defendant"
Affirmed.
Opinion by Sharpe. ].
The Montgomery advertiser., 1902-08-21

Did you ever see tho Elephant? The
Elephant dotes on Dots. Can you count
enough Dots to make an Elephant? Try
1t next Sunday. adv
The Montgomery advertiser., 1902-08-21

The Dots next Sunday will make an
elephant. A small one. adv.
The Montgomery advertiser., 1902-08-21

After a woman has chased a man about
so long. she must catch him or DE talked
about the rest of her life.
The Montgomery advertiser., 1902-08-21
A Rosebush 1000 Years Old

In the town of Hildersheim in Germany,
Is a rosebush said to be 1000 years old.
and sprouts from it's branches have real
lied fabulous sums. Some years ago a
rich Englishman offered $50 900 for the en-
tire tree. but the sum was Indignantly
refused. This wonderful plant clines
amid thickly grown moss against the side
of the famous old Church of St. Michael.
1t is claimed that it has bloomed per-
ennially since the days of King Alfred,
and this statement has never been dis
puted. for it's record has been as care
fully kept as the pedigree of the bIuest
blooded family in the kingdom. 1t is sup
posed to have been discovered through
the medium of hing Louis of Hildersheim
as far back as 1922.
The Montgomery advertiser., 1902-08-21

PERMANENT MUSCULAR sTRENTH
cannot exist where there is not blood
strength Young men giving attention to
muscular development should bear this
in mind Hoods Sarsaparilla gives blood
strength and builds up the whole system,
CO-adv.
The Montgomery advertiser., 1902-08-21
Ii Things
Are Hot

don't worry-worry will make you feel the
heat all the more. Let us install one of our
latest and most improved electric fans and
Summer heat will be thing of the past-at
least, in your house. Won't cost you much,
either. Will you ask US about it? Every
kind of electrical device here, you know.
West Virginia daily oil review. [volume] (Sistersville, W. Va.) 1894-1902, 1902-07-21
women and Jewels.

Jewels, candy, flowers, man
that Is the order of woman's pref
erences. Jewels form a magnetic
mighty power to the average wo-
man. Even that greatest of all
jewels, health, Is often ruined In
the strenuous effort to save the
money to purchase them. If a
weman will risk her health to get
a coveted gen. then let her fortify
herself against the insiduous conse-
quences of coughs, colds and bron.
chial affections by regular use oil
DR.. Boschee's German Syrup. 1t
will promptly arrest consumption
In It's early stages and heal the at
fected lungs and bronchial tubes
and drive the dread disease from
the system. It Is not cure all,
but 1t IS a certain cure for coughs,
colds and all bronchial troubles.
You can get DR.. Green's reliable
remedies at D. A. Hendershot's
Get Green's Special Almanac.
West Virginia daily oil review. [volume] (Sistersville, W. Va.) 1894-1902, 1902-07-21
MERE MEN.

Senator Frye is an enthusiastic trout
fisherman.
Senator Tillman is the whistler of
the senate. He whistles nearly all the
time when not talking.
II. II. D. Pierce, the third assistant
secretary of state, will have charge of
the Russian grand duke during his
coming tour of the United States.
Congressman Heatwole Of Minneso-
ia has trout brook on his farm and is
the only private owner in the United
States of white trout with gold spots.
Charles j. Osborn, dean Of the Asso-
ciated Press service, will retire July 1.
He was the manager Of the TELEGRAPH
office in which Andrew Carnegie was
employed as messenger boy.
Mounted on a "single footer" Mr..
Shaw, secretary of the treasury, goes
animals gait is SO smooth that the
rider gets about as much exercise as
though he was swinging in ham
mock.
When Representative De Almond Of
Missouri was in the Philippines, he
took a number of snapshot pictures.
After he had developed and mounted
them he put this Endorsement on each
card: Made by the firm of David A.
De Almond & Sum-"
MusolMo, the noted Calabrian brig
and on trial at Lucca, is so popular
with the people of Italy that there is
talk of running him for the Italian
chamber If elected, he would be free
from prosecution. and he would there
fore have to be released.
Senator Vest of Missouri says that he
is not vain enough to suppose that
matters personal to himself would eX-
cite any general interest, but that some
day he may find it necessary to publish
his recollections Gin order to do justice
to the dead and remove many false i'm
pressions now accepted as authentic
history"
Henry Cole, one Of the oldest real es-
tate men in Denver, will enrich the
Methodist church of that city by gift
of over $35O,0O0. This amount will be
invested Ia @ new corporation, and the
interest accruing is to be divided as
follows: Fifty per cent to evangelistlc
work, 25 per cent for buildings and i'm
provements and the balance for chart
ties.
West Virginia daily oil review. [volume] (Sistersville, W. Va.) 1894-1902, 1902-07-21

The man on the stage who does the
trick of escaping from firmly tied ropes,
submits to the bonds with a smile. He
knows he can get out of the ropes that
are being knotted. Put the same man in
the. woods and let Indian captors bind
him to tree for torture and he would
struggle to the last against the bonds.
When the stomach is diseased there
are bonds being woven every hour about
the organs dependent on the stomach
heart, lungs, liver, kidneys, etc. The
folly of mankind is to passively submit
to the fastening of these bonds with no
effort to escape until the pain they cause
arouses fear.
DR.. Pierce's Golden Medical Discovery
cures diseases of the stomach and other
organs of digestion and nutrition. It
cures diseases of heart, liver, lungs. kid
neys and other organs, when these dis
eases, as Is often the case, have their
origin in the diseased stomach.
uFor long time I was suffering and was
hardly able to get about" writes Mr. Andrew ].
Jennings. of Thomas, Tucker Co., W. Va, Box
1914. twas bothered with kidney trouble and
my whole system was out of order; had no
appetite. A friend of mine told me to try DR..
Pierce's Golden Medical Discovery. / did so
and the first bottle restored my appetite: took
six bottles of Golden Medical Discovery and
some of the Pleasant Pellets and feel like a
Lew person."
DR.. Pierce's Pleasant Pellets cleanse
the clogged system from impurities.
West Virginia daily oil review. [volume] (Sistersville, W. Va.) 1894-1902, 1902-07-21

The Supreme court has decided
that shade trees In front of man S
residence, although located on pub
lie property, belongs to him. The
case In which the decision was rem
dered was one In which a property
owner sued a telephone company
for cutting off the limbs of his
trees. The decision Is one of vital
interest to properly owners.
West Virginia daily oil review. [volume] (Sistersville, W. Va.) 1894-1902, 1902-07-21

Mrs. O'Neill. of Harlem, who
dived Into the Sound in holiday
dress to save neighbours boy, aud
Miss Cert, of St. Louis. who dived
into the Mississippi River to be
saved by Capt Hobson, each dem.
onstrated that the ruling passion In
the female breast is to be 'In the
swim"
West Virginia daily oil review. [volume] (Sistersville, W. Va.) 1894-1902, 1902-07-21

But her beauty was completely
hidden by sores. blotches and PIN
pies till she used Bucklen's Aruica
Salve. Then they vanished as. will
all eruptions, fever sores. boils, Ill
GERS, carbuncles and felons from its
use. Infallible for cuts, corns,
burns, scalds and Piles. Cure
guaranteed. 25c at D. A. Hender
shots.