davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1902-12-09

SOUTHERN BELL TELEPHONE AND
 TELEGRAPH co. V. MAYO. Action against Telegraph Company to re-
 cover Damages for Personal Injuries.
 Appeal from the City Court of Bir-
 mingham.
 1. Evidence: not permissible for party to impeach his own witness by the testi- mony of another witness.-Where one of the parties to a suit introduces a witness, it is not competent for him, in the subse- ouent examination of another witness to show that the first witness. on account of his mental infirmity did not know what he was swearing to: the effect or such testimony being to impeach the tes- timony of the party's own witness.
 2. Charges to the jury: properly re- fused when giving undue emphasis to one phase of the evidencs.-Charges of a court to the jury requested by one of the parties to a suit. which call special at- tention to and gave undue emphasis to particular phase of the evidence are properly refused.
 g. Same. contributory negligence.-ln an action to recover damages for per- soual injuries, where the defendant pleads contributory negligence. but there Is an entire absence of evidence to show that the plaintiff was guilty of any negligence charges requested by the plaintiff, which instruct the jury that they can not ind for the defendant under its plea of con sributory negligence, are properly given.
 Reversed and remanded
 Opinion by Haralson. J.
The Montgomery advertiser., 1902-12-09
Geo. P. Haardt & Bro., B Commerce St. Telephone 3oo
HEADNOTES OF DECISIONS OF
 THE ALABAMA SUPREME COURT

fendant did carnally know or abuse in the attempt to carnally know Matte Oak ley, female under the age of IA years, against the peace and dignity of the State, of Alabama" Is bad and subject to demurrer. because 1t does not aver whether the person assaulted was over or under 10 years of age, and, therefore, falls to show whether the defendant was charged with felony Code, Sec. 54A), or misdemeanor Code. Sec. 544S)
 5. Rape; admissibihty of evidence.-on trial under an indictment for rape, it Is competent for the State, after tha woman assaulted has testified to the commission of the offense, to prove in corroboration of her testimony as to the main fact, that recently after the out rage she made complaint to those to whom complaint of such an occurrence would naturally be made but on direct examination such testimony is confined to the bare fact of complaint and details of the occurrence including the identity of the person accused. are not proper subjects of inquiry, and can not be proved.
 6. Same; same.-On a trial under an indictment for rape, 1t is competent for the State to prove as a part of the res gestae. that when the girl alleged to have been ravished was being assaulted she cried and called to her mother, and that the latter went to her and was struck by the defendant: but further evidence that the mother of the girl was badly hurt by the blow thus inflicted by the defend ant and was thereby disabled, is irrele- want and inadmissible.
 !. Same; same.-On trial under an in- dictment for rape 1t Is competent for the State to prove that the defendant lived as one of the family to which the girl as- saulted was a member, and that he was considered and claimed to be a half broth CT of the girl he assaulted and her sis ter.
 S. Same; same.-On a trial under an indictment for rape. letters written by the defendant. after being placed in jail upon said charge. to the person assault ed and her mother. in which he refers to the commission of the offense charged by him, are admissible in evidence.
 g. Trial and It's incidents: how motion should be shown on appeal.-On a trial under an indictment for rape, a motion made by the defendant for the appoint ment of physicians to make physical ex- animation of the person assaulted, in or der to be reviewed on appeal, should be shown by the bill of exceptions; and if such motion appears only as part of the record of the case. it will not be re- viewed | ss
 Reversed and remanded.
 Opinion by Sharpe, 'Jr.
The Montgomery advertiser., 1902-12-09
of the White House.


 Although the first lady of the land is powerless to give away a single piece of official china. she nevertheless has the power to order a thing sold if 1t fails to suit her taste. Curtains and rugs that have cost hundreds or thousands of dol lars have more than once been put up at auction because the color failed to sat- isfy the taste of the mistress of the White House. Mrs. Mckinley was quite fastidlous in this respect. and frequently ordered things sold that to her thinking were not in harmony with their sur roundngs or ~ere disagreeable in color.
 Sales of White House material always draw an immense crowd and the bidding is often quite spirited. The attitude of the government on this subject Is some what betwixt and between. Those who are sticklers for the preservation of old landmarks and antiquities have never hesitated to criticise the government for selling such material. holding that it ought to be placed in some museum. or kept in the White House. but still larg CT number of people, the majority. in fact. are in favor of such sales. as it gives them an opportunity to purchase things of great historical interest and value. Moreover, owing to the large at tendance and spirited bidding at such auctions, the government derives no small amount of revenue from the sale of material. a large portion of which is too badly used up for museum purposes, and under different circumstances would surely go to the trash heap.
 High Prices Realized.
 The last sale of White House china and furnitur etook place last on Decem- ber 20. 1899. Joseph w. Radcliffe being the auctioneer. A large number of society o11rin dealers ana members of the Sons and Daughters of the American Revolution were on hand and the bidding was stiff and sensational Among the things disposed of at this sale were A number. of patent beds and chairs. prepared foods and medicines that had been sent as presents to President Garfield during his last illness and which had lain for years slowed away Tn the attic of the White Hiuse During the period from the time he was shot until his death. President Garfield was the re- cipent of all manner of patent devices, medicines and prepared foods sent in by doctors. manufacturers. and dealers, from all parts of the country, and those who attended this sale were astonished at the magnitude of the stuff thus accumulated.
 It may be of interest to some to know that there is a greater demand for Lin coin china than for pieces of any other official set, Washingtons not excepted. Just why such Is the case is hard to say, but is due. perhaps, to the events and associations of that one of the stormiest periods in American history. Local curio dealers never receive less than S20 and S30 for pieces of the Lincoln set, and a plate has to be pretty badly damaged to sel, as low as S16 or $l7. Pieces of the Hayes set sell for $10 and $12. the Grant set. SEQ. and for plates, cups, and saucers of Mrs. Harrisons golden rod set" 8.
The Montgomery advertiser., 1902-12-09
JACK COBB ARRESTED.
Believed to Be One of Assailants of
 Mrs. Williams

Gadsden, Dec. S.-(Special. )-Jack Cobb. a negro, was arrested here this afternoon by Officer Thornton charged with mur- derously assaulting Mrs. John Williams in Alexandria, several weeks ago and it is confidently believed he is the right man. Mrs. Williamss husband believes Jack Cobb did the crime as he left immediately and they thought he was in Gadsden. Officer Thornton was furnished with a description of Cobb and he was found at the car works and arrested Cobb is badly frightened.
 It will be remembered that two negroes went to the Williams house and asked for food. They followed Mrs. Williams into the kitchen, knocked her down with g. smoothing iron and beat her with fire tongs. They then ransac1ed the house, securing SIP. A negro named Baker was arrested and 1t took the State militia to prevent his lynching. Cobbs partner ia now in jail at Anniston.
The Montgomery advertiser., 1902-12-09
OAKLEY V. THE STATE. Indictment for Rape.-Appeai from Wal
Opinion by Dowdsll. J.

Indictment for Rape.-Appeai from Walk
 CT Law and Equity Court.
 l. Organization of special grand jury; when properly organized by Walker County Law and Equity Court-Under the provisions of the act establishing the Walker County Law and Equity Court, approved December 5, 1900 (Acts of 19O0- 1901, D. 10O. that said court shall have and exercise all the Jurisdiction and powers which are now or may hereafter be by law conferred upon the several cir cult, chancery and county courts of the State" and that "the judge of said court may at his discretion, order a grand jury to be drawn, summoned and empannelled for said court and county of Walker, whether or not the grand jury shall have already been had for said term of said court" in an order of said court for a special grand jury 1t is not necessary that the investigation to be had should be restricted to any particular offense or that the offense to be investigated should be particularly described. or that the name of the person or persons as be- ing charged with the offense should be specified.
 2. Pleading and practice; when motion to ouash or demurrers come too late.-In the trial of a criminal case, after plea to the merits has been filed, a motion to duash the indictm N1t or demurrer 10 the indictment comes too late.
 s Same; when refusal of court to all low withdrawal of the plea to the merits not revisabIe-Whether the defendant in d criminal case shall be permitted to withdraw his plea of not guilty and file a motion to quash the indictment or inter nose a demurrer to the indictment. is matter addressed to the discretion of the trial court, and is not revisable on ap-
 Rape; suficiency of indictment.-An which charges that the de-
The Montgomery advertiser., 1902-12-09
The Sleeveless Card Game.

Washington Star.
 Do you think 1t polite" said the foolish stranger in Crimson Gulch.' for a man to sit in his shirt sleeves and play cards all day?"
 Yes, sir" answered Three Finger Sam; and maybe it'll be for your own good to remind you that the fewer sleeves a man has on when he plays cards around here the less liable he Is to fall under suspi- cion."
The Montgomery advertiser., 1902-12-09

Pieces of the Jackson and Buchanan sets are well nigh worthless on account of their clumsy character, poor ware and lack of design, selling for almos anything the buyer is willing to pay Plates of the Pierce set bring about $, while. as matter of course, high pricea prevail in the case of the Washington and Jefferson sets, pieces of which ara exceedingly rare.
The Montgomery advertiser., 1902-12-09
'"' MCMILLAN V. CRAFT.

Bill in Equity to Foreclose Deed Of Trust.
 Appeal from the Chancery Court of
 Mobile.
 1. Conflict in recitations of deed; grant, ing clause must prevail-Where there is a repugnant conflict between the intro ductory recitals in a deed and the grant ing clause, the latter must prevail, since the granting clause determines the inter est intended to be conveyed.
 Affirmed.
 Opinion by Dowdell. J.
The Montgomery advertiser., 1902-12-09
A Receiver Named.

Omaha, Neb.. Dec. S.-Judge Munger in the Federal Court today appointed Edgar F. Hastings temporary receiver for the W. R. Bennett Company which operates one of the largest department stores in the city. The store will not close and it is stated that the petition for tenn porary receiver Is made to enable the company to make a settlement with creditors.
The Montgomery advertiser., 1902-12-09
WILLIAM CANNOT COME.
Impossible for the Kaiser to Come to
 the Fair.

the Fair.
 Berlin, Dec. s.-lt is quite impossible for Emperor William to accept President Franciss invitation to visit the St. Louis Exposition as it would require the ap- pointment of a regency.
 The idea that the Crown Prince, Fred erick William may go to the United States has been favorably received. The Emperor seems to think that the Princes general experience in America would be more instructive than a visit to the St. Louis Exposition and 1t has been sug- gested that he attend one of the national conventions
The Montgomery advertiser., 1902-12-09

rattlesnake that is five or six feet In
 length will yield tablespoonful of venom two
 or three times a month. It takes its poison sacs at least week to i'll again after they have been emptied.
The Montgomery advertiser., 1902-12-09

Shoes, Hosiery, Hats, Capes, Jack cts, Handkerchiefs, Parasols, at bar gain prices at Trimble's old stand, 43 Commerce St.
The Montgomery advertiser., 1902-12-09

Mobile. Dec. s.-tSpecial. )-Mobile Loige, No. 1os. B. P. O. E., yesterday evening in the Mobile Theatre. held its annual memorial services in honor of departed brethren. At the hour named there was a large number of citixens seated in the parquet d dress circle, many ladies being in the audience The stage was appropriately decorated for the occasion. The deceased members of No. 1Os. are: l.. c. Cooper, died March "A, 1SOC; F. F. Cox, died December 21, 1901 Mir. T. Carson, died September 1. 1902; J. w. Finn, died September 9. 1902 and J. J. Mccarthy. died September g, 1902. The program of exercises was as fol- lows, and the eulogies were exceptionally good. The vocal selections, as also the musical numbers. were well rendered. Entrance March. Elks' Orchestra. Opening ceremonies by the lodge. Continuation of opening ceremonies, by the lodge.
 Opening Ode, by the ledge: Great ruler of the Universe,
 All-seeing and benign, Look down upon and bless our work, And be all glory Thine. Oh hear our prayers for our honored dead While bearing in our mind The memories graven on each heart, For days of Aud Lang Syne.
 Invocation, Rabbi Alfred G. Moses. ''The Way of Peace,'' (tenor solo), Lloyd, MT. E. H. Planck.
 pr. Frank W. Chace, accompanist. Eulogy, Rabbi Alfred c. Moses. "Chanson Russe,'' Sidney Smith, Elks Orchestra.
 Eulogy. Colonel E. L. Russell.
 '"The City of Light" (baritone solo) Adams, MT. Thomas Halliwell; Dr. Frank w. Cnace, accompanist.
 "The Harmony of Love-" Ellis Brooks. Elks' Orchestra.
 Closing Ceremonies, by the lodge. Closing Ode. by the lodge. We've finished our labor. the parting has
 come,
 And each of our brothers now goes to his
 home;
 And our voices blending, we now will
 depart,
 In perfect love, giving each note from
 the heart
 Each duty accomplised, each brother con
 tent,
 Oh. thus may we ever our friendship
 cement:
 May Charity, Justice and Brotherly Love. At last lead us all to the Grand Lodge
 above.
The Montgomery advertiser., 1902-12-09
BIRMINGHAM RAILWAY, LIGHT AND
 PQNER CD V OWENS

BIRMINGHAM RAILWAY. LIGHT AND
 POWER co. V. OWENS. Action against Street Railway Company
 by Passenger for Personal Injuries
 Appeal from the Circuit Court of Jef-
 ferson.
 1. No trial; when judgment refusing same reversed.-On an appeal from a judgment refusing 6 new trial, on the ground that the evidence was not suffl- cient to support the verdict. or that the verdict was contrary to the evidence. If, after allowing all reasonable presump- tions of its correctness. the preponder- ance of the evidence against the verdict is so decided as to clearly convince the court that it is wrong and unjust, the judgment refusing the new trial will be reversed.
 Reversed. rendered in part and remand ed.
 Opinion by Mcclellan. c. J.
The Montgomery advertiser., 1902-12-09
Mobile Society NAws.

Mir. and Mrs. Jack Ross gave a stag dinner of eight covers Saturday evening in honor of the seventeenth birthday of | their son, Jack F. Ross Jr. The guests were his classmates of the graduating class, Messrs Carl T. Martin. Thomas B. Marshall, Wallace J. Parham. C. w. Stanton. Jr.. George A. Jones and R. V. Tayler Jr. The young nen were all in full dress uniform and the crimson and gray of the U NJ. s. was much in evil | dence The table was beautiful with flow CTS and glass and silver, and at each plate was water color of a lovely young womans head Mr. J. F. Ross, Sr., pre- sided as toastmaster.
 Invitations have been issued by MT. Sydney T. Prince to the marriage of his daughter. Helen Rhodes, to MT. William Colson Kelly on the evening of Wednes- day, December r. at g o'clock at Christ Church. Mobile.
 Mir. Henry Richardson of Pasca goula Miss. spent Sunday in Mobile Mir Rich ardson is an excellent tennis player and is welcome addition to our Country Club which he has recently joined.
 Miss Gros Claude, who has for some time been the attractive guest of Miss May Ce Robinson, left today for her home
 The Daughters of the American Revo- lution met this afternoon at the resi- dence of Mrs. Rhett Goode.
 Mrs, Harry Donald has returned from visit of several weeks to New York
 Miss Jessie Whiting returned Sunday after an absence of several months.
 The Pivot Whist Club met this after noon at Mrs. Harry Donald's.
 A party of gentlemen left tonight for Portersville on a duck hunt.
 Mir. Rufus Barnett has returned from short trip to Havana.
 The members meeting of the Y. M. C. A. took place Monday.
 Nearly everything we eat and drink has been pronounced injurious by some authority or crank, And now 1t is declared that we should go back to our horn drinking cups because it has been shown that glass Is attacked and partly disintegrated not only by acids, but by plain water.
The Montgomery advertiser., 1902-12-09

DEAR MR PNKHAM:I pleased with the rom Lydia Ptnkham's Vegetable Compound that feel and privilege to write you about it.
 Il suffered for than five ing an unpleasant discharge great weakness and times fnnes would come over which amount of medicine d seemed to eoec Your Vegetable Compound found the weak however, within all my troubles had disappeared and found myself healthy and we'll Words fail to describe the grateful feeling that heart and want to tell sick suffering daily with medicines nothing about hams Vegetable Compound, and take different woman in short tme"-ARs EMMoNs Walker ville Ont.
The Montgomery advertiser., 1902-12-09

The Advertiser is now de- livered and on sale in Mobile
 beginning at 8 a. m.
 SUBSCRIPTION BUREAU. Orders for delivery may be left at R. Davol's, 2616 South Royal Street, at regular rates, 65 cents per month for the
 Daily and Sunday editions.
The Montgomery advertiser., 1902-12-09

pronounced injurious by some authority or crank, And now 1t is declared that we should go back to our horn drinking cups because it has been shown that glass Is attacked and partly disintegrated not only by acids but by plain water.
The Montgomery advertiser., 1902-12-09

The members meeting of the Y M c A took place Monday.
The Montgomery advertiser., 1902-12-09

MT, Rufus Barnett has returned from short trip to Havana
The Montgomery advertiser., 1902-12-09
The Newc of Mobile.

,me spirits and z5 baies of wool. togeth- CT with fair sundry list.
 The river steamer Nettie Quill arrived this morning from Selma with 46S bales of cotton. S72 sacks of cotton seed, 1l.550 slaves and many sundries.
 The river steamer Mary arrived from Selma this morning with S55 bales of cot ton. 15.302 slaves. g barrels of spirits and sundries.
The Montgomery advertiser., 1902-12-09

John s. Johnson. chief supervisor for the Mobile Light and Railroad Company, was arrested this morning by Clerk Na- tale of Chief of Police Soost's office, on a charge of violating the street car or dinance. The case will be heard this week. It is understood Johns arrest was due to an order issued by him to the street car conductors not to notice the recent ordinance known as the ''separa- ton, ordinance.
The Montgomery advertiser., 1902-12-09

Invitations have been issued by MT. Sydney T. Prince to the marriage of his daughter. Helen Rhodes to MT. William Colson Kelly on the evening of Wednes- day, December r. at g o'clock at Christ Church. Mobile.
The Montgomery advertiser., 1902-12-09

A party of gentlemen left tonight foI Portersville on a duck hunt.
The Montgomery advertiser., 1902-12-09

William F. Edmondson, well known printer and a native of Mobile. died this morning. He leaves a wife and one brother. He was a member of No. 27. In ternational Typographical Union, and the body will be inferred by that body.
The Montgomery advertiser., 1902-12-09

Robert c. Crawford, a well known citi- zen of Mobile, died this morning after a brief illness. He was at one time engaged in the cotton business in this city and at the time of his death was employed by the United Fruit Company. He leaves two cshildren. He was former member of the Mobile Cadets and the flag at the armory was at half-mast today in honor Of his memory.
The Montgomery advertiser., 1902-12-09

The steamer Martinique of the Peninsu- lar and Occidental Steamship Company ar rived here this morning from Key West for repairs. The steamship was in charge of Capt. H. H. Hanlon. superintendent, and Dave Echmiendier, purser.
The Montgomery advertiser., 1902-12-09

The Robinson Carnival Company ar rived here at o'clock this morning over the Louisville and Nashville from Geor- Ria. It required eighteen cars to bring the people and paraphernalia. Erection of booths and stands was begun early this. morning in order that the perform ances might begin tonight.
The Montgomery advertiser., 1902-12-09

Robert NJ. Friend of Petersburg. Va. is in the city visiting his cousin. MT. H. M. Friend. the popular back Tax Com- missioner for Mobile County, at his home. 300 Government Street.
 The following entries and clearances are noted at this port since yesterday morning:
 British steamship Burbo Banks for for eign ports with timber. This steamship cleared Friday but was delayed because of some mismanagement at the upper docks due to a congesting of vessels.
 The Norwegian steamship Managua ar rived this morning from Belize to Orr and Laubenheimer with 14OOO punches of bananas and 100000 coacoauuts.
 The Mexican schooner Fl Polo Norte arrived up this morning from Fontero, Mexico, with lO3 sticks of mahogany. con signed to B. NJ Flppin.
 The Norwegian steamship Alabama sailed yesterday for Port Limon for a fruit cargo.
 The Norwegian steamship Telefon sail ed yesterday for Progresso. Mexico. with a cargo of merchandise.
 The Florida coast steamer Josephine arrived last night from Apalachicola with 1, 500 boxes of oranges.
 The schooner Moses Grimmell arrived here yesterday afterunoon from the Ms sissippi coast and will be put in the docks for examination. If satisfactory, the boat will be purchased by the pilots to replace the pilot boat Ida Lowe re- gently destroyed.
 The river steamer City of Mobile ar rived down this morning from Montgom- cry with 603 bales of cotton, 4.529 slaves, 22e barrels of rosin, 9 barrels of turpen-
The Montgomery advertiser., 1902-12-09

The revenue and road commissioners of Mobile County met at noon today and transacted much routine business. It was ordered that bids be asked for county convicts. The County Treasurer reported to the Board that he could not effect settlement with former Tax Collector John Case.
The Montgomery advertiser., 1902-12-09

E. E. England a well known Mobilian and for several years Secretary of the Chamber of Commerce. while talking with friends In the Battle House tonight was stricken with acute indigestion and for time it was thought he would sue cumb to the attack. Physicians were summoned and he was revived sufficient ly to allow of his removal to an infirm- ary
The Montgomery advertiser., 1902-12-09

Mir. Henry Richardson of Pasca goula Miss. spent Sunday in Mobile. MT Rich ardson is an excellent tennis player and is welcome addition to our Country Club which he has recently joined.