davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1902-01-17
THEY BOUGHT
 THE ANSWERS
 ~ix
 Seven Negro School Teach
 CTS Are Arrested. READY FOR EXAMINATION Procured Answers to QueS- k tiOns to be PrOp0unded. Fourteen Applicants for Certificates as Teachers in Henry County
 will Be Prosecuted by State Superintendent.

The State Educational Department l. in pursuit of the person or persons who furnished the answers to questions pro. pounded to applicants for certificates as teachers in Henry County in violation of law, and seven negroes have already been arrested by order of Hon. J. w. Abercrombie. State Superintendent of Education.
 It will be remembered that J. B. Espy. Superintendent of Education of Henry County. several days ago advised the Educational Department that while he was engaged in making his semi-annual examination of teachers he discovered that fourteen negro applicants had the answers in their possession. Mir. Espy reported that these negroes had inform ed him they had secured the answers from Brookin. a Henry County negro preacher and teacher. who claimed he was formerly principal of a negro school in Troy.
 Immediately upon receipt of this in- formation. Superintendent Abercrombie instructed Mir. Espy to swear out war rants for the arrest of the fourteen negroes who had the answers and also to have Brookin and Hall arrested if they could be located.
 Mir. Espy has advised the Educational A|CpoA buAthI OL tiG dkNchh Ql bGNtH Oi the negroes. Six of them made bond and were released. The seventh negro is in jail at Abbeville. MT. Espy reports that the other negroes, including Brookin and Hall. have escaped and he has reason to believe they have gone to Georgia.
 It is believed at the Educational De- partment that the leakage" of answers came from Pike County and attention is called to the fact that Arch Thomp- son. well known teacher of that county, was prosecuted about year ago for fraudulently disposIng of the questions and answers.
 The minimum penalty for illegally dis posing of, or securing answers to ques- tions propounded to applicants for certi- ficates to teach. is $l00 fine and the per- son convicted may. in addition thereto, be sentenced to not less than six months in jail.
 Superintendent Abercrombie says he ex- poets to prosecute the Henry County negroes with the utmost vigor in the hope of stopping the fraudulent use of answers and questions.
The Montgomery advertiser., 1902-01-17
SEAS GREATEST MYSTERY.
What Became of the Bark's Human
 Freight Never Known.

The greatest mystery of the sea. which has given rise to innumerable theories, but which the shrewdest minds have been unable to fathom, resulted from a voy- age began in this port number of years ago. says The New York Times. The Marie Celeste put out from Brooklyn bound for Mediterranean ports. There was large crew and full complement of officers On board, and the Captain S wife went along as a passenger. About a month afterward the Marie Celeste, with all sail set, was found abandoned 800 miles east of Gibraltar. All the boats were at the davits, the lifeboats were all in place, there was no evidences of a fight or struggle, and, the vessel being sound and in good condition, there was no apparent reason why the crew should have abandoned her and nothing to show how they got away. The Marie Celeste was taken to Gibraltar and put in charge of the American Consul there. and 1t was hoped that in the course of time the crew or some members of it would turn up to shed light upon this strange mys- tery. But months passed and no word was heard from them. From that day to this not the slightest evidence has ever been found to show exactly what happened. The whole crew has vanished. A prolonged investigation was made be- fore the ship was finally sold, without discovering anything to clear up tho mystery.
The Montgomery advertiser., 1902-01-17

be presented to the Alabama will be creditable to our grand old State and an announcement to the world that we appreciate the great honor conferred by the Navy Department. The presentation has already been delayed too long. This fund will be closed on February 15
 Make your contribution at once to the State Treasurer. Hon. c. +. Moritz, Montgomery, and further acknowledg- ment thereof will be made in The Mont gomery Advertiser, Birmingham News and Mobile Herald.
 Very respectfully,
 Alabama Battleship Commission,
 Max Hamburger, Jr.. Chairman"
 Frank P. Glass, Secretary
 Copies of this address have been for warded to the editors of all Alabama newspapers with a request that the ad- dress be published and that the papers receive subscriptions and forward them to c. F. Moritz of Montgomery, who Is Treasurer of the Commission.
 The efforts of the Commission are di- rected toward completing the fund and arranging the presentation to take place in Alabama waters during the forthcom- ing meeting of the Alabama Press As- sociation in Mobile. It is hoped by the Commission that the battleship Alabama will be ordered to Mobile at that time.
The Montgomery advertiser., 1902-01-17
DAVIS GETS NEW TRIAL
SUPREME COURT REvERSEs
 LowNDEs COUNTY CASE.
Negro Was Sentenced to Be Hanged for Murder-Court Adjourned Until Monday-opinions
 Handed Down.

The Alabama Supreme Court yester- day made happy the heart of Nose Davis, Lowndes County negro, condemned to death for murder, by reversing the de- cision of the lower court and granting the negro a new trial. The opinion was handed down by MT. Justice Tyson who held that improper evidence was admit ted in the trial of the case and that the Judge of the Circuit Court of Lowndes County. before whom the trial was held. retused to deliver certain charges re quested by the defendant.
 Several cases were submitted to the Suprsme Court yesterday, several opin- ions were handed down and the court adjourned until Monday morning at 10 Dcli ok when cases from the Fourth Division will be called, The Fourth Di- vision consists of the counties of Bar bour. Bullock, Coffee, Covington, Crcn- shaw, Dale. Geneva. Henry and Pike.
 Thursday is criminal day. with the supreme Court and three mur1ef cases were submitted yesterday on appeal Inese cases were as follows:
 Van Johnson, convicted in September. lsVl, by the Circuit Court of Shelby county of the murder of Arthur John. son. alias Bud Johnson, and sentenced 10 lie imprisonment The case was sub mitted on brief.
 J. D. Campbell. alias Dave Campbell. convicted July 26. 1901, by the Circuit der of Arthur York and sentenced to life Imprisonment The case was submit- ted on brief by Attorney General Brown and argued by B. B. Bridges of Ed wardsville. representing the defendant.
 Johl Stuart convicted December 5. 1901, by the Circuit Court of Gadsden' of the murder of Bud Garrett and sen, fenced to life imprisonment. The case was submitted on brief
 The following opinions were handed down yesterday:
 Mcclellan, C. J.
 J. 1. Wikle vs. Johnson laboratories: appeal from Anniston City Court; af. f1rmed
 Haralson, J.
 H..nry Young ct al vs. the State of Alabama; appeal from order of Judge or the City Court of Montgomery de nying discharge of petitioners on habeas corpus; affirmed.
 Tyson, J.
 Nose Davis vs. the State of Alabama. appeal from Lowndes Circuit Court: re. versed and remanded.
 George W. V Taylor vs the State of Ala bama; appeal from Conecuh Circuit Court; affirmed.
 Dowdell, J.
 Shiyers Wells vs. the State of Ala bama; appeal from Montgomery City Court; affirmed.
 Nose Davis, the negro whose case was reversed and renanded yesterday, in an opinion by Mir. Justice Tyson. was con vlcted in August, 1901, by the Circuit Court of Lowndes County of the mur- der or Hannah Brown, a negress, and sentenced to be hanged October Il, 1901 Ills lawyers gave notice of an appeal and execution was stayed pending the decision of the Supreme Court. The ne- gro VIII De granted a new trial.
The Montgomery advertiser., 1902-01-17

ta1tlnB SpeClHC III dii CdSCS oA oyePCpSA0 and disordered digestion.
 Almost everybody's digestion is disor- dered more or less, and the commonest thing they do for it is to take some one of the many so-called blood purifiers. which in many cases are merely strong cathartics. Such things are not needed. If the organs are in a clogged condition, they need only a little help and they will right themselves. Cathartics irritate the sensitive Things of the stomach and bow els and often do more harm than good.
 Purging is not what Is needed. The thing to do Is to put the food in condi- ton to be readily digested and assim- Hated. Stuart's Dyspepsia Tablets do this perfectly. They partly digest what is eaten and give the stomach just the help it needs. They stimulate the secre- tion and excretion of the digestive fluids and relieve the congested condition of the glands and membranes. They put the whole digestive system in condition to do its work. When that is done you need take no more tablets, unless you eat what does not agree with you. Then take one or two tablets-give them needed help and you will have no trouble
 It's a common sense medicine and q common sense treatment, and 1t will cure every time. Not only cure the disease, but cure the cause Goes about 1t in a perfectly sensible and scientific way.
 We have testimonials enough to fill a book, but we don't publish many of them. However
 Mrs. E. NJ. Faith of Byrd's Creek, Wis, says: q have taken all the Tablets got of you and they have done their work well in my case. for feel like a different person altogether. I don't doubt if had not got them I should have been at rest by this time"
 H. E. Willard, Onslow, Ia., writes: Mir White of Canton, was telling me of your Dyspepsia Tablets curing him of Dys- pepsia from which he had suffered for eight years. As I am sufferer myself I wish you to send me package by re. turn mail"
 Phil Brooks. Detroit, Mich. says: "Your dyspepsia cure has worked wonders in my case I suffered for years from dys- pepsia but am now entirely cured and enjoy life as I never have before. I glad. ly recommend them.
 It will cost Soc. to find out just how much Stuart's Dyspepsia Tablets will help you. Try them-that's the best way to decide.
 All druggists sell them. A little book on stomach diseases will be mailed free by addressing r. A. Stuart O.. Marshall, Mich wed-fri-su.
The Montgomery advertiser., 1902-01-17
Earthouake Shocks Felt.

Mexico City, Jan. 16.-Four distinct shocks of earthquake shook this city at
 twenty minutes after o'clock this af- ternoon. The shocks were very sharp and buildings swayed perceptibly. Thou sands of people rushed from offices and dwellings into the middle of the streets for safety and many knelt in prayer. Telegraph poles bent like trees in a gale of wind and the most massive buildings were shaken. There has not for a long time been so severe an earthquake here.
The Montgomery advertiser., 1902-01-17
Plans to Entertain Visitors.

Hot Springs. Ark. Jan. l6.-At a meeG ing of the Business Mems League steps have been taken for a suitable reception to the National Commissioners of the Louisiana Purchase Exposition of St. Louis who will visit here January g and for the annual conference of the Ma tional Editorial Association on April 15. committees have been ap- pointed and elaborate arrangements arc being made for both events.
The Montgomery advertiser., 1902-01-17

SOUTHERN RAILWAY co. V. PLoFT. Action against Railroad Company to Re-
 cover Damages caused by Overflow
 Appeal from the Circuit Court Of La
 mar. ts14 Al
 l. Liability of railroad company for in- juries arising from defective bridges, as affected by overfiow.-1n the location and construction of bridges and trestles, railroad company Is required to bring to the work the engineering skill and knowl- edge generally known and applied in business, having regard to the size and nature of the stream, the character and features of the adjacent country which constitutes it's watershed, the relative position and formation of the abutting land, it's liability to overf1ows, and their probable extent and effect; but Is not bound to provide against unusual or ex- traordinary floods, such as have never been known to occur before, and which could not reasonably have been antici- pated by competent and skillful engi- neers.
 2. Action against railroad company for damages from overflow; charge of court to jury.-!n an action against railroad company to recover damages resulting from an overflow, alleged to have been caused by the negligence of the defendant in falling to leave sufficient opening in trestle for the passage of the waters of creek in times of flood. where the evidence tends to show that the over flow was caused by an unusual rainfall which washed logs and timbers and de- sris against the trestle. charge is prop srlv refused which instructs the jury that if they believe from the evidence that 4here had been rains of as great magni- sude before, and that the overflow, in this instance, was caused by the choking up of :he waterway under the trestIe by :imbers, brush, and other debris, which were not left lying in the path of the stream by the negligence of the defeu- dant, they must find for the defendant"
 3. Same; same.-In such a case. A charge IS properly refused which instructs the jury that if they believe from the evidence that there had been rains of as great magnitude before, and that inc overflow was caused in this instance. hy the choking of the waterway under the
The Montgomery advertiser., 1902-01-17
Reversed ana rema1ded. Opinion by Dowdell, J.
J. SNOW HARDWARE co. V. LOVE-
 MAN & co. ct al.

Action to recover damages for breach
 of contract-Appeal from the County
 Court of Tuscaloosa.
 l. Evidence; admissibility of entries of executory contract-When the entry of a memorandum of an executory contract for the delivery of ooods in the future Is made by bookkeeper in accordance with the sellers instructions, at time when the buyer was not present, and it is shown that the bookkeeper had no knowledge of the contract or of the truthfulness ot the memorandum, such entry is not admissible in evidence against the buyer.
 Reversed and remanded.
 Opinion by Dowdell. J.
The Montgomery advertiser., 1902-01-17
LUNSFORD V. HARRISON. Bill in equity to concel mortgage-Ap- neal from the Chaneery Court of Jef-

Bill In equity to conceI InUF FlBdBe-AP-
 peal from the Chaneery Court of Jef-
 ferson.
 1. Husband and wife; surety for hus- bands debt; burden of proof upon wife seeking to avoid conveyance-Where a mortgage upon the separate property of a married woman, which shows upon its due to the mortgagee by married woman as principal and not as surety for her husband. is sought to be avoided and annulled by the wife although she upon the ground that she executed it and the note which it was given to se- cure as surety for her husband, the bur, den of proving that the debt secured ber husband and that she was his sure tv in the execution of the instrument, IS upon the married woman.
 Affirmed.
 Opinion by Dowdell, J.
The Montgomery advertiser., 1902-01-17
Shoe Factory in Mexico.

Laredo. Tex, Jan. 1s.-A Terreon, Mex, special says: This city's latest enter prise. a $30O.0OO shoe factory is now com nleted. Arrangements are being made to open up all departments of the tannery and factory proper. A dozen skilled shoe makers from Brockton, Mass. are here for the purpose of teaching the natives how to operate the shoe machines.
The Montgomery advertiser., 1902-01-17
GIVEN CERTIFICATES
PUBLIC SCHOOL TEACHERS PASS
 SUCCESSFUL EXAMINATIONS
Partial List of Applicants from Gull man, Colbert, Clay and Lime stone Counties Made Public
 Yesterday.

The State Board of Examiners of Teachers yesterday announced that cer- tificates had been awarded to partial list of applicants from Cullman, Colbert, Clay and Limestone Counties.
 G. W. Brock, a member of the Board. said that the examiners were putting forward the papers of teachers who are already employed to save them tncon- venience and for this reason the Board Is able to make public incomplete lists of applicants from the various counties who have passed successful examina- tions.
 The partial lists made public yesterday are as follows:
 Cullman County--Hannah Cook, Meta Mack, J. H. Clark. John Holmes. Sallie Oden.
 Colbert County-B. c. Carter, M. S. Shealy, W. J. Abernathy, Mrs. Cherry
 Clay County-C. c. Preston. l.. V. Gull pepper, A. P. Mann, Louie Pruitt, I. A. Weaver Rosahe White. j.. c. Willis. J. D. Ray, w. H. Price, Nellie Treadwell
 J. T. Dawkrs Hattse Waits. Cora Strother.
 Limestone Co lnty--Ammet Hannah. Daisy McI.in, A. R. Mitchell
The Montgomery advertiser., 1902-01-17

We have just received a fine lot of Poultry, consisting of nice fat Ducks, Chickens and Turkeys.
 Yelverton's Palace Market. Phone 247.
The Montgomery advertiser., 1902-01-17

An elaborate monument to Kosciusko is to be erected in Kosciusko Park. Milwaukee. The monument will be twenty-seyen feet high and will stand in the center of little lake. N 900.
The Montgomery advertiser., 1902-01-17

TEAGUE, BARNETT & co. V. BASS. Action for Trespass-Appeal from the
 Circuit Court of Chambers.
 l. New trial: when judgment reversed On an appeal from Judgment refusing a new trial, on the ground that the evil dence was not sufficient to support the to the evidence, if, after allowing all reasonable presumpuons of its correct ness, the preponderance of the evidence against the verdict is so decided as to and unjust, the judgment refusing the new trial will be reversed.
 ?. Fraudulent conveyance; burden of proof-When a conveyance of stock of ground of fraud. the burden of proof is upon the purchaser to show by clear and satisfactory proof that the trans action was characterized by good faith and entirely free from all intent to him der. delay or defraud any one or more of the creditors of the vendor.
 3. Same; sale by, solvent debtor may be fraudulent-A solvent debtor who converts his property into money for the purpose of putting it beyond the reach of his creditors, Is guilty of fraudulent sale of property: and if the purchaser with knowledge of such fraudulent pur- pose, or with knowledge or notice of facts calculated to put a reasonable man on inquiry, which, If followed up, would lead to discovery of a fraudulent in- tent, pays a cash consideration to such purchaser, becomes party to the fraud ulent transaction and acquires no title as against the debtors creditors.
 1. Same; unexplained retention of property badge of fraud-Where a sale of stock of goods by debtor is assailed by one of his creditors the unexplained retention of the possession of the goods is badge of fraud going to the fact of sale and the sufficiency of the considera- ton. and casts upon the purchaser the burden of explaining the vendor s con- tinued possession. so as to make the facts consistent with the bona fides of the sale.
 Reversed and remaaded.
 Opinion by DoWdell J.
The Montgomery advertiser., 1902-01-17
Are Quick to See t.. Good Doctors Are Quick to See and Appreciate Real Merit in
 New Medicines.

Stuart's Dyspepsia Tablets are discov- cry of great value to the medical profes- sion and the public. They are an un-
The Montgomery advertiser., 1902-01-17

Rev. J. M. Yingling, pastor of the Bed ford St. M. E. Church, Cumberland. Md, {, says: 'It affords me great pleasure to recommend Chamberlains Colic, Cholera and Diarrhoea Remedy. have used it and know others who have never known 1t to fail" For sale by F. G. Fowler, Druggist. --adv.
The Montgomery advertiser., 1902-01-17
GOGGANS V. MYRICK.


 Action to Recover Damages for obstruc-
 ton of a Public Road.-Appeal from
 the City Cour: of Birmingham.
 l. Obstruction of public road; not necessary for complaint to allese acca, recover damages for the alleged wrong ful obstruction of public road Is per sonal in its nature, and, therefore, It IFS not necessary for the complaint to allege the location of said road with dennlte- ness and accuracy. but it is only neces- sary to be so alleged as to notify the defendant of the cause of action.
 2. Action for obstruction of public road; sufficiency of cofnT,latnt.-ln an ac- tion to recover damages for the wrong fuls obstruction of public road, com plaint which alleges that the plaintlns homestead and mills owned by the plaln- tiff, which abutted upon the public road so obstructed, were rendered much less valuable and plaintiff was, by reason Of such obstruction, greatly harrassed and worried and was put to great inconven. fence and expense, shows sumcient cause of action for the plaintiffs indivtd- ual reparation, as distinguished/f from 9 suit fin behalf of the public.
 8 Same; admissibility of evidence.-ln an action to recover damages for the where it is, alleged in the complaint that the plaintiffs homestead and his mills, which abutted upon said public road. were rendered much less valuable, and the was ndTTdSSOu anu WoIiAeu and was put to great inconvenience and expense. 1t is competent for the plaintin to introduce in evidence testimony relat- ing to the inconvenience caused to him self and family to visit the neighboring post office,' church ana schools.
 4. Commissioners Court; when entry not a judgme ut.-Where an entry is made upon a book, which was not the record kept by the court of County Commission CTS. hut is a docket kept by the commits sioners themselves for their convenience, and it is not shown that said entry was made by the Judge of Probate by order of the Court of County Commissioners, said entry cannot be introduced in evi- dence or considered as a judgment of the Court of County Commissioners.
 5. Charge of court to jury. abstract charges. Charges which assert correct propositions of law, but which are ab- stract as applied to the evidence of a particular case, should be refused; but the giving or refusal of such charges will not work a reversal e Ihe judg- ment
 Affirmed.
 Opinion by Sharpe, J. <,
The Montgomery advertiser., 1902-01-17
OUR RICH RICE LANDS HoMESEEKERS FOR LOUISIANA
 AND TEXAS. Southern Pacific Will Send Out One Thousand Agents for Purpose of Inducing Settlers to
 Come South.

Colonel F. $. B. Morse of the Southern Pacific had an interview in The New Orleans States a few days ago which has attracted wide attention. He says:
 '"The Southern Pacific was now pre- pairing to send broadcast over the coun- try from coo to 1000 immigration agents for inc one purpose of inducing home seekers from the West. North and East to come to the rich rice lands of Louisi- ana and Texas. MT. Morse further said that in the course of a few years. the ricn section would be the wealthiest ag- ricultural section on the continent, and the rice consumption, by the establish ment of Louisiana and Texas Rice Kitchens would be increased 300 per cent"
The Montgomery advertiser., 1902-01-17

ALABAMA GREAT SOUTHERN.
 1902 1901. Number of miles ....- BIO 3l0 First week in January.$ A019 ~, S3S July to Jan. 7......... 1,297 .059 1,1l. .l96 CENTRAL OF GEORGIA. Number of miles. 1.al d,S79 Tniv to Ian. 7......... 4,202, ,409 3,7S7,309
 SOUTHERN.
 Number of miles. ...... 6,730 672I First week in January.$ 6stS05 : 618s1 LOUISVILLE AND NASHVILLE. FnmOSF Frst week I in January.s 57i.oso 5IlS25 July to Jan. 7..".... 15,7OoO7S HS11,64O
The Montgomery advertiser., 1902-01-17
HEAD NOTES OF THE DECISIONS
 OF THE ALABAMA SUPREME COURT.
. AseANAnNA . :

trestle by timbers. brush and other de- bris, winch were not leIt lying in tne path of the stream by the negligence of the defendant. they can not find for the plaintiff
 {. Action against railroad company for damages resulting from overflow; ad- instability of evidence.-In an action against a railroad company to recover damages resulting from an overflow, al- legged to have been caused by the defec- tive construction of an embapkment and of a trestle over a creek, where the evil dence shows that the tracks of the de- fendant were washed away upon the oc- casion in question, at the place where the Injuries were caused, it is not com potent for the defendant to prove that there were other points along the line of its road in the same county that were damaged by reason of the same heavy rainfall.
 Affirmed.
 Opinion by Sharpe, J.
The Montgomery advertiser., 1902-01-17

The weekly reports of railroad compa- 'nies of earnings for the term ending Jan uary ' are now being made public. Ala hama people will be interested in the following: -