davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-11
DECLINE THE OFFER.
NEW .-7LIANs VETERANS
THANK AoRRENcE. HOWEVER
Saw That the South Should Not Ac.
eept Money From Outsiders
to Aid Confederates
Who Are In Need.

New Orleans. Sept. l0.-Confederate
veterans Of New Orleans tonight refused
the proffercd aid of General Terrence
commander the Grand Army of the
Republic They decline with thanks the
money to build homo for INDECENT Con-
federate soldiers in Alabama.
The Army of Tennessee tonight adopt,
ed resolutions referring to General Tor
rence's offer In the kindest terms. de-
elaring that he possesses noble heart.
full of brotherly love-" but the resolu-
ton says: I'VE cannot accept even this
generously Iroffered assistance from any
sourse save crom our own people. 1t ID
the duty of the South and the South
alone to provide for Confederate scidis-s
who may need our ass stance. To permit
others to do that duty would. In our
judgment, be both unbecoming and wrong
to the Southern people.
But let it be we'll understood that we
are grateful just In the same way that
man Is grateful to a neighbor who offers
financial assistance when the angel OF
death visits his home. In both cases we
must politely but ARMY deeii"e TO accept
the offer. There are certain Gdties which
a high-mindsd people cannot permit 9TH
ers to perform and this is one Of them"
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-11
An Abundance of Blood
Paine'SCelerV
Compound
Cleanses the Vital Fluid, In.
creases Its Supply, Banishes
the Seeds OF Localized Dis.
eases, and NOnrishes
Every Important

The use OF Paine's Celery Compound
means an abundance of pure. vitalizins
blood. a perfect regulating of circulation,
and the Punishment of localized diseases
such as insomnia, neuralgia, rheumatism,
eczema. salt rheum. blood diseases, run
ming sores, and eruptlons.
If your sleep IL not restful and refresh
ing. If your spirits are low. IL you are
morose. melancholic, and oppressed with
morbid feelings. be assured your blood
demands instant attention.
Paine's Celery Compound is the one
great and never failing agent for making
pure. fresh blood, fer nourishing the
dominant organs OF the body, for re.
cruiting the strength OF young and old
Often. very often. a delay of one day
proves fatal. Foul and poisoned blood
carries death at every beat of the heart
Mrs. c. r. Root, Mansfield. Pa, says
'Wheif~I began taking Paine's Celery
Compound l was all rundown after a Sc
we're attack of g. ippe and was almost tired
of life. l had salt rheum very badly ir
my hands, and the doctors told me there
was no permanent cure for 1t when 1t had
got ipto a persons blood so badly, but
am happy 10 tell you that Paine's Celery
Compound cured me Of salt rheum. kidney
trouble and other ailments, II Is Away;
my deetoya''
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-11
COFFEE BL0ATIMG.
Coffee Causes Liver Congestion il
Some People.

I'VE drank coffee some years and 1t
seemed an established law In our house
hold to take refuge with some medicine
or physic to make the bowels move or re-
lieve the stomach Of it's pressure coffee
Is generally the cause of persistent con-
stipation as II produces more or less con-
gestion of the livcr).
was so nervous that my hands trem-
hled badly and sleep ned from me; / felt
irritable all tho time and unable to do
much OF any work had to force my
self to do things; always felt lazy and
had 10 drive myself 10 get around; the
food l ate belched up and 1 always felt
as II l were hloated, and had such a
narrow and tight sensation in my chest,
SO that every little exertion started hot
waves running through the whole body.
followed by a cold. chilly sensation.
But after 1 commenced to use Postum
Food Coffee. and quit coffee these COM
plants all disappeared; l feel well, ener-
getic and hopeful; am better nourished
and able to sleep well every night.
My husband was often sick and the
doctor and medicine were constantly
needed In our house, but since we stopped
coffee and used Postum, all these things
are changed and that heavy feeling
around the chest has gone.
Every wife should introduce this whole
some beverage into her family. She
would discover in a few days what a ricl
food she had prepared for her loved ones
and would be rid of all of those Cypress
ing sensations and stomach and howe
complaints which are caused by coffe,
drinking" Name given by Postum Co.
Battle Creek, MICA
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-11
Opinion by HARRISON, J.


MorADDEN EFT Al. v. McrApDBN.
Blu In Equity to Subject Lands Fraudu-
iently Conveyed to Payment Of De-
cree for AIimony.-Appsai from the
chancery Court Of Madison.
= l. Decree for alimony; complainant
thereby becomes creditor and can main
tain bill 70 set aside fraudulent convey
ance.-Under decree In suit for d.
vorce by wife. granting the divorce
prayed for and alimony. the complainant
becomes o creditor Of the respondent hus-
band as to the date Of the rendition OF
said decree: and under a bill subsequent
ly filed by tho complainant In said d.
vorce suit. to subject lands alleged to be
owned by her former husband, to the
payment Of said decree. which AYERS that
prior to the rendition of the decree grant
ing divorce and alimony the husband
purchased certain lands for which he
paid the purchase price, but had the
same conveyed to his trustee. with the
intent to hinder, delay and defraud the
complainant, and with the purpose to
defeat her in the assertion of any claim
she might subsequently reduce to judg-
ment for her support and maintenance
as his wife by way of alimony or other
wise. he having at that time abandoned
her. there are presented facts.which show
the conveyance from the husband to his
daughter to be fraudulent and void as
against the complainant. although she
was not, at the time of such conveyance.
an existing creditor; and the grantee in
such conveyance may not have partici-
pated in the grantors covinous intent.
and such bill contains equity.
2 Judgment rendered by court of an
other state presumptively binding and
conclusive evidence until impeached for
fraud.-A judgment or decree rendered
by = court In another State Is presump-
lively valid and binding Judgment and
as between the plaintiff In said suit and
the defendant or one claiming under him
by virtue Of an alleged fraudulent agree
nent. such Judgment or decree Is, until
impeached for fraud or collision, conclu.
sive evidence OF debt existing at the
time of its rendition.
Affirmed.
Opinion by Mcclellan, c. ].
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-11
Charges Are Exorbitant.

Havana. Sept. 10-The Merchants Union
has entered a protest against the propos.
ed collection of consular fees for vessels
clearing for Cuba on the ground that
these charges are exorbitant. 1t Is said
that when the bill to this end passed the
House OF Representatives the idea of tbs
measure was to secure an income Of $500,
900 a year TO cover the salaries of Cuban
consuls. but the estimated income from
the proposed fees Is 100000. President
Palma has promised to bring the matter
before Congress. The Merchants Union
has submitted a system of such fees
somewhat similar to the one In vogue In
the United States.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-11
TURPENTINE MEN MEET.
Factors Pledge Their Support to Lp-
orators

Jacksonville. Fla, Sept. l0-The' Tur-
pentine Operators Association met here
in annual convention today. There were
between five and six hundred practical
operators present. They were welcomed
to the State by Governor Jennings and
to the city by Mayor Fletcher.
The morning session was devoted to
routine business.
In the afternoon the factors Of the
South met with the operators. pledging
their support to the organization and
asked permission jointly to pay all Of the
indebtedness of the Association to the
present date, about $l,100.
Professor Herty of the United States
Department of Agriculture, who has been
conducting Investigations in new method
of working turpentine crops, looking Ia
the preservation of the forests, lectured
tonight.
The Times-Union and Citizen win an
nounce tomorrow morning that 1t learns
from the most reliable sources that a
combination has been formed by some
Of the leading naval stores factors and
that the consolidated naval stores COM.
pany has been organized, with q capital
stock Of two million dollars.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-11

NIEHAUs q CO. EFT AL. ". COOKE.
Bill In Equity for an Injunction.--Appeal
from the Chancery Court of Colbert.
/. Improvement OF sidewalk of NUM-
cipaNty: can not injure adjoining proper
ty without first making compensation
therefor: bill in equity for injunction.-A
municipality. or the contractors for the
making Of such improvement. can not.
in paving q sidewalk. injure a stone wall
or other fences inclosing the lot abuttins
upon said sidewalk. without first making
Just compensation to the owner of said
property for such injury; and a bill filed
by such owner seeking to restrain the
doing of such work without paying to the
complainant the damages incident there
to. contains equity.
Q. Injunction; when dissolution thereof
upon the denials OF the answer within the
discretion Of the chancellor.-Where a
bill seeking an injunction is filed against
q nonresident. as to whether or not a
preliminary injunction issued should, up
on the denials OF the answer, be dissolved.
10 addressed to the discretion of the
chancellor who should weigh the relative
degree of injury to the parties. which
would probably ensue from the mainte-
nance Of the injunction on the one hand.
and It's dissolution on the other.
.. Bill for dissolution Of injunction: in
sufiiciency OF affidavit attached to an
sweT.--WheTe bill seeking an injunction
10 fiiod against city, and individuals
who have entered into q contract with
said city to do q certain work. and the
defendants jointly file a sworn answer
denying the grounds upon which the in
junction Is asked, an afiidavit attached to
said answer 10 signed by the Mayor Of
the city and simply states that the state
ments contained in the foregoing answer
that are stated as of knowledge Che, the
afaanD knows to be true. and that those
stated on information he believes to be
true" Is an insufficient verihcation Of said
answer.
Affirmed.
Opinion by Tyson, J.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-11
Will Appeal from Ruling.

Frankfort, KY, Sept. 1o.-captain C. C.
Calhoun of Lexington, who is looking af-
ter Kentucky soldier and war claims at
Washington, has returned to the Control
Ter Of the Treasury the check for SGT, OO(
recently sent here to be distributed among
the Kentucky regiments which went into
the volunteer army at the outbreak of the
Spanish war and will appeal from the
ruling of the Auditor allowing only that
amount. Captain Calhoun. who was here
today, claims that the soldiers are emit.
tied to about $4,000
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-11

by the bankrupti and the jurisdiction Of
such suits 10 net restricted to the Fed
eral courts.
8. Same; same; same.-Where . suit
IN . ChaFosry Court Of this State 70 sex
aside and have anBuilsd an ailsg Sd fraud
uieHt conveyance, Is prosecuted by a
trustee In Bankruptcy, on the order grant
ed by the District Court declaring the
debtor a bankrupt; there is, ana can
arise. no conflict or Jurisdiction between
the Federal and State courts In such q
proceeding.
Affirmed,
Opinion by Haraison. J.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-11
TOM JOHNSON SPEAKS.
Question Of Franchises Discussed BY
). , the Mayor.

Columbus. o., Sept. lo.-Mayof Tom L.
johnson OF Cleveland appeared before
the state House of Representatives to-
day to discuss the subject of franchises.
In his speech he declared that It 10 not
right to permit a municipality to grant
valuable rights until the people shall
first ratify the action Of the City Coun-
ellis. He declared that the Ohio statutes
are vicious on the subject OF franchises
and that the Nash code is more So He
declared in favor of home rule wherever
possible and expressed the belief that the
effort of Senator Foraker to secure a
+curative clause for the benefit of the
Cincinnati Traction Company is more vi
cious than either the present laws or the
Naah code.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-11
Mormons Abroad.

London, Sept 1.-THE Daily Express
publishes dispatch frcm its Zurich cor
respondent saying that for some time
past there has been n great increase in
the number of Mormon missionaries in
both Germany and Switzerland In Zu-
rich and Berne, a systematic mission bu-
reau Is In operation and the propaganda
Is being religiously spread among the
simple Swiss One or two church jour-
nails OF Switzerland complain bitterly
that the Mormons are allowed to con-
tipue their mission work
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-11
BEssEMER SAVINGS BANK y. 4
nEpCON

1 BESSEMER SANINGS- PANh " HN
| DERSON.
Action of assumpsit-Appeal from TINS
City Court of Bessemer.
1. Garnishment; liability of bank fo'
paving out funds deposited.--Where o
bank has been garnished and in its an
swer to the writ of garnishment 1t admits
having In its possession certain money de.
posted by defendant in the original suit
and subsequently pays out the money to
the garnishee creditor. and In payment
Of the costs Of the court before jvdg'
ment is rendered against II In the gar
nishment proceedings. such bank makes
the payment at its peril. and Is thereby
not discharged of liability for said funo
to the original owner thereof.
2. Same; same.-Where, upon tudg-
ment recovered against the defendant In
a suit, a writ of garnishment Is sued out
and served upon the bank, which answers
that it has in it's hands certain sum OF
money deposited by the defendant In said
suit but before making such answer the
bank Is notified by third person that
he claims the funds in its hands. 1t be-
comes the duty of the garnishee to make
known that 1t had been so notified OF the
claim Of said third person to the fund or
a part of it; and IL the bank falls to do
this and pays the money after notice OF
said claim, it does so at its peril.
s. Trial and its Incidents; failure to
mark charge given" not reversible er.
ror.-The mere fact that the trial Judge
does not mark given" on the charge
which was given at the request of the
plaintiff, does not constitute q reversible
error, where the defendant does not d.
rect the court to the failure and takes
no exception at the time; the failure OF
the Judge to so mark the charge being
considered, under such Giro INSTANCES, q
mere inadvertence.
Affirmed.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-11

ANDREWS ct al v. MATHER, Trustee.
Bill in equity by trustee In bankruptcy to
set aside as fraudulent and void con-
yeyance by bankrupt-Appeal from
the Chancery Court of Lauderdale.
l. Bill to set aside fraudulent convey
ance; sufficiency of averments as TO
fraud.-A bill filed by a creditor to set
aside as fraudulent and void a convey
ance by a debtor, which AYERS that on
certain day the said debtor being indebt-
ed to the complainant in the manner
stated in the bill, and being then insol-
vent did, with intent to hinder, delay and
defraud his creditors, execute q con-
veyance to certain specifically described
lands to his wife, and that said convey
ance was purely voluntary and was made
to the debtors wife without considera-
ton, and that the same 10 fraudulent and
void Is sufficient in It's averm snts TO snow
that said conveyance soughe to be set
aside was fraudulent as against the cred
itors of the grantor.
2 Fraudulent conveyance; trustee in
bankruptcy can maintain suit to set same
aside.-Under the BANKRUPT law approved
July l. 1898, the trustees or assignee of
the estate of a bankrupt. upon his APP
pointment and qualification. Ia vested
with the title TO the property transferred
BY the bankrupt In fraud OF his credit
ors; and as such trustee can, in those
cases where the creditors Of the bank
rupt could have contested ana avoided the
validity of the conveyance, maintain q
bill IN equity In the State courts to set
aside as fraudulent and void conveyances
made by the bankrupt debtor In fraud OF
his creditors. for the purpose OF recover
ing property so conveyed, in order that IT
may be applied to the claims OF the cred
nf he nj and gilNh P0nVAV-
ances may be 30 avoided by the trustee
or assignee, although made more than
six months before bankruptcy.
3. Same; same.-In this State, 1t is nc
objection to the maintenance OF such q
bill in equity by a trustee or assignee
of the estate OF a bankrupt. that under
the FNdefa al Constitution and laws such
a bill could not be maintained in tht
United States Court in advance of pro-
ceeding al law, eithsr to establish the va
iidity and the amount of the debt, or Il
enforce its collection. In which proceed
ing the debtor is entitled to a trial by
Jury; since under the statute OF this
State (Code, Section $50, a simple con
tract creditor without a lien may hle
bill in chancery TO subject to the pay
ment of his debt any property fraudulent
ly transferred or conveyed, or attempted
to be fraudulently transferred or convey
ed by the debtor.
4. Same; same; jurisdiction of Stat
| Chancery Court.-Un Ter. the provisions o
| section % of tire bankrupt act, that suit
! by trustees shall only be brought o
prosecuted in the courts where the bank
| rupt might have brought or prosecuted
| them. il proceedings in bankruptcy ha'
not been instituted. the Chancery Courts
Of this State have jurisdiction Of a bill
| filed by i trustee in bankruptcy seeking
TO have set aside and aunulled as fraud
ulent and void q conveyance Of pEopert:
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-11
LIGHTMAN Y. BOYD.

Statutory Action of Detinue Appeal
from the Circuit Court OF Madison.
!. Sale of personal properly: which has
been stolen: when purchaser acquires
good titie.-Where one who has stolen a
horse trades 1t for another horse and sub
seauAntly trades the horse so acquired In
exchange 20 a third person. who In turn
sells said horse to one who purchased IL
in good faith without notice of the orig
inal theft. such last named persn acquires
a perfect title to the animal purchased
by him.
Reversed ana remanded.
Opinion by HARRISON, ].
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-11
REUNION AT ST. JOE.
Attendance Larger Than Ever =
fore in Missouri.

ST. Joseph, Mo-, Sept. 10--The largest
attended reunion ever held by the ex-
Confederates of Missouri opened here to-
day with parade Prominent men from
many Western States who served in the
war were present.
Colonel Elijah Gates. who organised the
first Confederate Cavalry Regiment in the
State and who is the present State COM
mander. Is entertaining United States
strator Cockreli, who commanded a
brigade Of Missourians in the Southern
army; Colonel Lawther OF Dallas Tex,
United States Senator Berry of Arkansas.
who lost . leg in the war and many other
prominent ex-Confederates.
Five thousand persons took part in the
parade today and many fiags bearing thr
Stars and Bars were displayed
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-11
Hanna VIII Campaign.

Cleveland. o., Sept. Ex-senator NJ. A.
Hanna will make a campaign tour OF the
State this fan either in a special train
or special car to be switched on to regu-
lar trains. The Senator will be accom-
panied by speakers OF national promi-
hence.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-11
Old Dry Goods House Fails,

Providence r. l.. Sept. 10-The B. H.
Gladding drygoods house. capital $l50. 600
today made an assignment. 1t is said
to be the Oldest drygoods store in the
United States, having had an existence
of nearly q century.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-11

ovW artist
MIXED . color
On his palette
that en- vie
WITH the hues
which Gnt q
heAllhful won.
Ms,,'s ehsst;
thie elsagm Be
sseri6eed to
4elkness 2 It
ueed not be
save In rare
cases. The gen
era1 health of
womsn h %
linked With u,s
local wouanfy
health that
wasted c heck
and slInkeu eve
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-11
pinion by HARRISON, j.
WALKER ", THE STATE

WALKER ", THE STATE.
Indictment for Assault and Battery.-Ap-
peal from the Circuit Court Of jack
son.
]. Witness; competency of child ten
years of age-Where a child ten years
Of age IL offered as a witness and she ties.
titles on her voir dire that she goes to
Sunday school and to church. says her
prayers and believes In God. and that IL
she told a story about the case ''she
would be put in Jail and when she died
she would so to the bad man. but that
she did not know who would send her to
the bad man." Is a competent witness.
and Is of sufficient intelligence for her
testimony to be admitted in evidence.
g. Assault and battery: suhiciency OF
evidence as to identity Of person as
saulted. Where a defendant. Walker. Is
indicted for an assault and battery upon
a child who IL named In the indictment
as Lucinda Breeden. and 1t is shown that
about a month before the alleged assault
said child was adopted by the defendant
and took his name, but the child testi.
fies that her name was Breeder and she
was also called by that name. and other
witnesses testify that she was better
known by the meme Of Breeder that Wal
ksr, the person upon whom the assault u
alleged to have been committed, Is suf-
Upon proof of the assault committed upon
such child, the defendant should be found
guilty.
s. Charges OF court to jury.-Charges
requested by the defendant In criminal
case which are abstract and which are
incomplete and ellptical are properly re-
fused.
l. Same.-In the trial of a criminal
case a charge Is erroneous and properly
refused which instructs the jury that If
there be two reasonable constructions
which can be given to facts proven. one
favorable and the other unfavorable TO
a party charged with crime. it 10 the
duty of the jury to giSe that which Is
favorable. rather than that which Is un-
favorable to the accused"
g. Same: charge as to reasonable doubt.
I'm the trial Of a criminal case. a charge
requested by the defendant Is erroneous
and properly refused which instructs the
jury that there should not be convic-
ton unless the evidence excludes TO q
moral certainty every hypothesis but
that of the guilt Of the accused"
Affirmed.
Opinion by Mcclellan, c. J.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-11

Nell-Who were the people the Bible
speaks o. having eyes, they see not,
and hay ears, they hear net?" Bell
CaaperoLW, suppose
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-11
Why
we succeed

ABestowing care on all goods ana
and coarse, sent here for laundering,
I'll the washing, ironing, folding,
Wrapping and delivering--in fact,
sverything that would in any way
tend to, improve our work and make
itmore than satisfactory, 10 the plan
followed at this laundry.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-11
HEAD NOTES OF THE DECISIONS
OF THE ALABAMA SUPREME COURT

doubt: when properly refused.-on 9
trial under an indictment for seduction'
a charge requested by the defendant y
erroneous and properly refused wnicn
instructs the jury that unless the e.i.
dence shows beyond reasonaoie oouo'
that Pearl Pritchett consented anu
tarod into the sexual act voluntarily. the
defendant can not be convicted"
Reversed and remanded.
Opinion by Tyson. j.