davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-07-31
carrier for election from train. ZAP
peal from the Circuit Court Of Madi-

carrier for election from train---Ap-
peal from the Circuit Court OF Madi-
son.
1. Pleading and practice: when ruling
upon demurrer without injury.-Where .
special plea sets up no matter In DE-
Tense which IL not available under tnh
plea of the general issue. and amounts 70
nothing more than denial Of the plain
TINS cause Of action. II error occurs In
sustaining q demurrer to such plea, II "
error without injury
a Same: insufficient pleas.--In an ac-
ton by q passenger against railroad
company 70 recover damages for the
alleged wrongful election II plaintn
from the DEFENDANTS train. several pleas
seeking to set up a defense TO the. ac-
tion. which do not deny the allegations
OF the complaint and are not good a.
pleas In confession and avoidance. are In
sufficient and subject to demurrer.
8. Bill Of exceptions; win not be con-
aidered when not signed BY judSe.-A bill
Of exceptions which was never signed by
the presiding Judge. and Is not estao-
lished as provided by statute. win not be
considered In the review of the case by
an agreement of counsel that the same
should be considered and treated as bill
OF exceptions in said cause; such agree
ment being entered into by reason Of the
Judge who presided In said cause having
died before the blu OF exceptions was pre-
pared.
Aflrmed.
Opinion by Dowdefl. J.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-07-31

President Milton II. Smith Of the Louis
willie and Nashville Railroad Company
has Just returned from a trip over the
yellow River Railroad. This is q little
line Of twenty-five miles running from
Crestview by Laurel Hin to the State
line at Florida.
A road Is building by the Louisville and
Nashville Railroad Company from Opp
on the Geneva extension, out into the
woods, the big jackson lumber plant
originating the scheme.
The story goes that this latter branch
will be extended TO some point near
Florala, where junction will be made
with the Yellow River and thence direct
to Pensacola. II the story IL true the
new line will penetrate one Of the rich
est and most fertile sections Of Alabama,
and many hundreds OF bags Of cotton
and many thousands Of dollars would
find their way into Montgomery and the
strong boxes of the local merchants.
T.. r. Reese OF Pensacola is President.
w. B. Wright OF the same city vice.
president and j. 8. Reese Of Laurel Hill
general manager Of the Yellow River
Railroad. and they accompanied Presi-
dent Smith on his inspection of that
road, thereby lending color to the story
that the Louisville and Nashville will
buy Il.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-07-31
RAILROAD MEN HERE
MrssRs. KENLY AND DENHAM
CAME TO TOWN.
High onacials Of Atlantic Coast Line
Looked ct Montgomery Prop
erty--Changes in Shop
Force Expected.

General Manager Kenly Of the Atlantic
Coast Line system with General superin-
tendent Denham OF the second division.
formerly the Plant system. reached Mont
geometry yesterday morning. Most OF the
day was spent BY the ofiiciais at the
general of1ices Of the old Plant System
hut the result Of the Conference that. was
held there 10 not known.
Messrs. Denham and Kenly also looked
over the shops in West Montgomery and
II IL rurnored that there will be several
radical changes there within the next
few weeks, both as to the employees and
the method OF conducting the shops.
Ever since the merger Of the Plant sys-
tenn into the Coast Line the bare mem
ton Of the name ofsthe road causes the
keenest interest, especially In Montgon1-
cry. but the officials are extremely reti-
cent about the business of the company.
Mr.. Jolly, former Division Passenger
Agent OF the Plant system. who will
succeed Mr.. .Lfsey in Montgomery dates
his appointment from August 1. but he
win not come to Montgomery for some
weeks. He % now in the East.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-07-31
FAD pRTEF FREEDoM.
uwo convicts Escaped, Bus Were
Soon Captured.

Soon Captured.
The State Convict Department was no.
tified yesterday that Gilbert Allen.
convict, had escaped from the Dolive
lumber camp, where q number OF the
conviots are at work. Aliens freedom
was. however, short-lIved. He was re-
captured In q few hours by the guards
of the camp.
A similar experience befell William
.I,ockett, another Negro convict, who was
leased by the Henderson Lumber Com
pany. The Convict Department was no.
tifIed that ne, too. had escaped from
camp. but was recaptured two days later.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-07-31

LOSS OF VITALITY is loss OF the prin-
ciple Of life, and Is early indicated by
failing appetite and diminishing strength
and endurance. Hood o Sarsaparllla 10 the
greatest yltaiixer--it acts on all the or
gans ana functions, and builds up the
whole system, W)-auV.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-07-31
HEAD NOTES OF THE DECISIONS
OF THE ALABAMA SUPREME COURT

70 provide for any notice of the applica-
ton required to be filed kith the Com
missfoners' Court for the establishment OF
such district.
Reversed and rendered in part ana re-
'' Opinion BY Mcclellan, G. ..
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-07-31
HoME-sEEKERs, RAVES
rezas, oklahoma and INDIAN

To Texas, Oklahoma and Indian
Territory via Southern Pacific.
One fare plus $500 for the round trip.
Tickets on sale July 18th, Aug. 9th and
18th, Sept. End and 18th. Oct. 7th and 2lst.
Stop-overs allowed. For further informa-
ton and advertising matter. write
]. F. Van Rensselaer,, General Agent,
adv--tu-thu-sun-tf Atlanta, Ga.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-07-31

n NAV sound funny. but some people
could say less and say more
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-07-31
sHEArs '. SCOTT.

-
Bill in equity for injunction and cancer
. Iation of mortgage.-Appeal from the
Chancery Court of Morgan
1. Mortgage to secure advances 'oi
money paid for mortgagor, when mooin-
cation binding.-where the surety on
bond executes a note and mortgage to his
co-surety for the purpose Of securing the
latter, in the payment Of one-haif OF .
designated amount to be paid by him In
effecting the compromise of judgment
rendered against them. and the plaintiff
in said judgsent declines TO accept said
amount, II is competent for the m0rtga-
gor and mortgage to modify the agree
ment SO as to change the application OF
the money provided for by the note and
mortgage; and upon the mortgages SUD
sequently effecting a compromise OF said
judgment by paying a larger amount
than the sum stipulated in said mort
gage, which was done with the mortga-
gor's consent and approval, said note ana
mortgage constitute valid and binding
obligation, aud the consideration there
for did not fail and the Mortgage thereby
become extinguished when the first offer
of compromise was rejected and the sum
returned to the mortgages.
Affirmed.
Opinion by Sharpe, ].
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-07-31

DO you WANT THE BEsTP
Ross's Antiseptio Barber Shop Il
he plaes 70 &c. Exchange Hotel
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-07-31
chinese RAILROAD Agreements.

PeIxIn, July so.--The amended Chinese
railroad agreements probably will be
signed tomorrow. The differences be-
tween Great Britain and Russia were
compromised by the omission Of the
provision for military directors and the
stipulation that any line north OF Pekin
10 he built BY Chinese should not be con-
trolied by. foreign power.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-07-31
wooDRUFF '. HUNDLGY.

Proceedings for probate Of will--Appeal
from the Probate Court Of Limestone.
L Probate Of will; admissibilty In evil
dence OF circumstances attending execu-
ton Of the within the contest OF tho
probate of a will, where each Of the att
testing witnesses are dead, and the prin-
cipal issue Is as to whether or not tho
will was duly executed, and the genuine
ness of the signatures OF each Of the at
testing witnesses. has been shown, It Is
competent for a witness who was stay
ing with the testatrix and who had seen
the will and recognized the signature Of
the testatrix Immediately 'fter It's execu-
ton, to testify to the circumstances att
tendant upon the execution OF said Will,
such as the reasons why the will was
made. the going to the room Of the teata-
trix of the lawyer and attesting wit
nesges for the purpose of its execution;
and this Is true. although such witness
was not in tho room at the time OF the
writing Of the will, or when 1t was siSsed
by any one. and, therefore, did not see
its exec utions
2. Same: when evidence relating 10 re-
vocation inadmissible. the contest Of
the probate Of a will. where one Of the
grounds of contest was that the will had
been revoked and tho prepayment had
shown prina facie its due execution. dec
Iarations of the testatrix that tile In
strument offered for probate WAS not her
will. and the fact that after its execution
she had sold or offered to sail certain
property disposed Of by said viii. or that
there had been a change in the testatrix
church relations. or that the estrangc-
ment betwen the testatrix and the con-
testant's father had passed over before
her death, are immaterial and constitute
no evidence of a revocation, and there
fore incompetent as evidence.
g. Contest Of will; when general amir
native charge given as to grounds Of
contest-Where the probate Of 4 will Ii
contested upon several grounds. and there
is an entire absence Of evidence to sup
port the same by the grounds Of contest,
it is proper for the court at the request
of the prepayment to give the general ef-
frrnative charge In favor Of the propo-
nent as to the grounds which were not
supported by any evidence.
Same. charge to the jury--On the
contest Of the probate of will. q charge
Is erroneous and properly refused which
instructs the Jury that If they "find from
the evidence that it is as reasonable to
infer that the alleged attesting witnesses
to the paper offered in evidence as the
last will OF w, deceased. subscribed their
psmes thereto out Of her presence as
that any two of them subscribed their
names in her presence. then they may
6nd in favor of the contestant"
Affirmed.
nrfpfop nv Tyson, j.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-07-31

The theatrical lawsuit IL one sort Of
show case.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-07-31

NASHVILLE. CHATTANOOGA AND ST.
LOUIS RAILWAY v. BATES.
Action by passenger against common
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-07-31

HrrNDLEY v. COLLINS ct. al.
patition for nandamus.-Appeal from the
Circuit Court of Madison.
Mandamus; does not lie to restore a
person TO membership in church.-The re-
iations OF a member to his church are
not contractual. nor do they involve civil
rights. but pertai- only to spiritual af-
fairs; and, therefore, courts of law are
without jurisdiction. by mandamus or
otherwise to annul proceedings expelling
a. member from his church and to re-
store him to membership.
Affirmed. IN
Opinion by HARRISON. j.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-02-09
MINNIE KURT U
Woman Who Was Wanted in Con-
nection with the Bissert Case.

NEW YORK, Feb. S.-District Attorney
Jerome spent a great part Of to-day prob
ing a case which is attracting much atten-
ton here. At the time Wardman George
Bissert, of the police force. was prosecuted
for neglect Of duty the testimony of one
Minnie Kurtz was much desired by the
State. She disappeared, however, and was
thought to have gone to Europe. Friday
night of this week she was arrested in this
city by detectives in the employ of the dis
trict attorney. Mr.. Jerome at once began
an investigation with a view to finding
whether or not the city police had any
knowledge of Mimi Kurtz's presence in
the city. it being said she had been in and
out of the "TenderlOin" district for the last
two months. After her disappearance
bench warrants were issued for her, and it
is claimed the police knew this but did not
act. Mr.. Jerome to-day summoned before
Justice Mayor, in special session, the
Kurtz women and five other women be-
lieved to know the facts. Acting Police
Captain Churchill, with his wardman, were
also callers at the district attorneys office.
The captain s~trenuously denied a printed
story that Minnie Kurtz had visited his
station while the police were supposed to
be looking for her. The proceedings before
Justice Mayor to-day were secret. The
woman remains in the custody of the
police.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-02-09
Text of the Letter.

NEW ORLEANS, Feb. S.-The full text
Of the letter written by General Samuel
Pearson to President Roosevelt threatening
an attack on the British horse and mule
station. was given out by the Boer agent
last night 1t is as follows:
"Sir-I beg you TO receive and consider
this last appeal on behalf of the burghers
of the South African republics, respecting
what Is going on at this port.
II affirm that the port of New Orleans
is made the base of military operations,
and the port and waters used for the pur-
military supplies for the British army for
use in South Africa and against the bur-
ghers in South Africa. l affirm that at the
port of Chalmette, a few miles below the
city of New Orleans, a British post has
been established and men and soldiers are
there and are daily engaged in
warlike operations. and are there for the
renewal and augmentation of military sup
plies and for the receiving Of men.
The attention of the courts has been
called and appeal made 10 them, and the
United States Court declared this matter
was not within the cognizance of the court.
expressly declaring that the matter Is one
that was TO be dealt with only by the ex-
ecutive branch Of the government.
mo concealment has been made OF the
facts / have stated. The war is carried on
by officers in the army of Edward VII
openly at Port halmett in all respects,
except that soldiers DO not appear In uni
form. viii 1 be permitted to strike them
with a force / may assemble here?
Il pray your Excellency to either put an
end to this state of affairs or permit me to
strike here one blow. With every respect
for the authority OF the United States gov
eminent. may l not consider your silence
or inaction the equivalent of consent for
me to stop the further violation of the neu-
trality laws at this port or TO carry war
here for the burghers?
II have the honor to be. very respect
fully. PEARSON.
"Burgher of the South African Republic"
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-02-09
A R HALPIN'S DEATH.
Woman Whose Name Was Often Mem
toned i'm a residential Campaign.

IN Ah -
NEW YORK, Feb. S.-Maria B. Halpin,
whose death was yesterday announced at
New Rochelle, where she resided many
years, lived such a correct life that many
of her nearest ~neighbors had forgotten or
had not heard the story of 1884. which
stirred the Nation and figured so largely
in the campaign hat preceded the presiden-
tial election that year.
In a neat frame cottage on Hudson street,
in the Westchester town, she died yester-
day after a weeks suffering from pneu-
monia, and almost the last thing she did
was to beckon her husband. Wallace Hunt,
to her bedside and say: Don't let the flu
neral be too public. L don't want strangers
to come and gaze on my face. Let every
thing be very quiet. Let ME rest" And
her husband, grief stricken, would not talk
of her life or death because she had asked
him not TO. Her sister, who came from an
upstate town, sat sObbing in the little
parlor where the coffin lay. Her son. a man
of twenty-five or thirty years, who was
only known 10 the undertaken as "Mr. Hal
pin, from some town up the Hudson" had
called and looked on his mothers face and
gone away.
Maria B. Halpin ten years after the birth
of her son was married three times-hrst
TO Frederick Halpin, who died before she
went TO Buffalo in search of employment;
the second time to Albert Secor, with whom
she lived many years in New Rochelle, and
the last time, about three years ago. to
Wallace Hunt, of the same town, who con-
ducts a prosperous zinc and tin store there.
She lived in New Rochelle during the cam
paign of 1884 and had lived there ever since.
1t is probable the funeral will be held on
Sunday, but none seemed to know whether
her son, the young Mr.. Halpin, who called
to-day, will be there. The undertaken said
she was between ffty-ive and sixty years
old. he thought, but would not say any
thing more, as he was forbidden to talk.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-02-09
"BARBS" WIN A VICTORY
CAPTURE THE EDITORsHIP OF THE
AT PURDUE.
ubhOus Fund Is GrOwing-Wash-
inEton's birthday at Indiana
Notes of b College.
special to the indianapolis Journal.

Special to the indianapolis Journal
LAFAYETTE, Ind, Feb. SIN the cleo
ton OF member of the Debris staff for 1903
the "barbs'' won a decided victory over the
Purdue "frats' by capturing the editorship-
in-chief. S. II. Weaver winning over ]. +.
G. Miller by fifteen votes. Others of the
staff are: Assistant editor, John C. wilkins;
business manager, w. G. Curd; assistant
business manager, H. w. Dietrich; adver-
Using manager, j. L. Ruby; assistant adj
vertising manage E. F. Mills; staff pho
tographer, ]. H. Phoelm; literary editors,
Miss Edith Tobias, Miss Madge Ridgely,
Miss Carrie Richardson, F. II. Olsen, II.
A. Crane, Leon Silverberg; assistant edi-
tors, Miss Clara Cunningham, Miss Anna
Muster, H. p. Johnson, F. G. Todd, James
Jamison, w. L. Russell.
The 'O4 clubhouse committee reports that
IT. is earnestly at work on the new club
house project and has reason to feel en-
couraged. The sophomore class has pledged
$500, payable before April l, and already
about one-third of that sum has been
advanced.
The next numbe of the Exponent will
appear as the products of the student body
in general, the paper no longer being in the
hands of the literary societies. Many i'm
provements are promised.
Porterfield, 'O4, is pledged to the Carlyle
Literary Society.
The weather is not encouraging for base
bail practice, but candidates for the team
are diligently practicing in the gymnasium.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-02-09

Aleutian archipelago and further north.
He agrees with them that a very careful
scientific experiment. based on mathemat-
ical calculations. shows conclusively That
the trend Of the Japan current has been
radically changed.
Since the fall of 1899 these mariners hold
that this warm ocean current mas been
sweeping with constantly increasing
strength toward the Alaskan shore line:
In the fall Of 1893 the western coast or
Alaska was shaken by a terrific earth
quake. Since that time Alaska.s climate
has been changing. II is believed That the
Japan current was turned eastward by a
stupendous submarine upheaval which
formed a new chain OF submarine noun
tains, throwing the current against the
shore. At first il was cooled by sea-leVel
glaciers. whic accounts for the gradual
changes in temperature. The current mas
finally resumed its warmth and the Whole
Alaskan climate has become milder- Last
summer the climate there was rainy and
warm like Puget sound, 1000 miles further
south. The entire winter has been milo
and rainy from Nome 10 Juneau.
Captain O'Brien, of the Dol
phin, holds the same views
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-02-09
CONFESSION OF FAITH
FORM OF A DECLARATORY STATE
MENT FINALLY DECIDED ON.
1t VIII Say the Presbyterian Church
Does Not Teach that Those Dy-
ing I'm Infancy Are Lost.

PHILADELPHIA, Feb. s.-The Presby-
terrain committee on creed revision to-day
decided on a form of declaratory statement
on the third chapter of the Confession of
Faith. declaring that the doctrine Of pre-
destination is held in harmony with Gods
love for all mankind and that no man is
condemned except on the ground OF his sin.
A declaratory statement with reference
to "elect infants was also adopted. assert
ing that the Presbyterian Church does not
teach that those dying in infancy are lost,
but that all dying in infancy are included
in the election of grace. The members
OF the committee denied that the American
Presbyterian Church ever taught the doc
trine OF infant damnation.
This conclusion was reached after four
days of almost continuous discussion, and
the members of the stated to-
night that 1t is a unanimous declaration
and states what has always been the doc
trine of the Presbyterian Church. The
declaratory statement is merely an elucida-
ton OF certain passages in the Confession.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-02-09
IN CUBA.
More Freedom in the Management of
the Stands Railways.

HAVANA, Feb. s.-A railroad law pub
lished to-day provides for a railroad COM
mission consisting of the secretaries of
public works, agriculture and finance. 1t is
claimed that this law will bring about re-
forms that will attract capitalists, and that
it will give more freedom to the internal
management of railroads, facilitating the
operation of the roads. 1t provides for the
Capitalization of all records in Havana.
a change is made by it in the method of
apprOpriating land-public lands to be taken
through the commission and private lands
through the courts. An appeal to the Su-
preme Court will be allowed in either case.
1t Is understood the new law is satisfactory
to the syndicate which is building a rail-
road from Santiago to Puerto Principe.
One clause of the law reads that any rail-
road corporation, domestic or foreign, ex-
listing at the time of the PRONUNCIATION Of
this order shall be subject to it's provisions
without prejudice to such rights as il may
have acquired and without release from
such obligations as 1t may have incurred:
and in case it has not made entries with
the registrars of property it may take
them in accordance with the provisions of
this order.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-02-09
DIFFERENCES IN REPORTS.


HAVANA, Feb. s.-The government to-
day concluded its case in the Cuban postal
fraud trials by putting on the witness
stand several experts on documentary evil
dence. The hearings were continued to Feb.
II, in order to give the defense time to ex-
anime the documents submitted.
Counsel for Estes G.. Rathbone filed a
report showing that the statements of Sec
rotary Root and Postmaster General Smith
on the receipts and expenditures Of the de-
partment of posts at Havana for 1900 and
1901 differed. Secretary Roots figures, which
are taken from the audited accounts,
showed receipts for 1900 of S25S, 237, while
the receipts for that year, according TO
Postmaster General Smiths report, were
$246, 912. The expenditures for 1890, accord
ing to Secretary Roots report were 1884,
$50 and according TO the report of the post
master general $685., 497. The receipts for 1901
were given in Secretary Roots report at
$780,, $50 and in Postmaster General Smiths
report at 1861, 634. The expenditures for that
year were placed at 1924. 19S and $451, 437, re-
spectively, by the reports of the secretary
of war and the postmaster general.