davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-04
ANDREWS v. THE STATE.

Indictment for murderA-Appeal from the
Circuit Court of Crenshaw.
1. Homicide; admissibility of evidence
On a trial in a criminal case under an
indictment for murder. where the witness
for the State testifies that the defendant
crept up behind the deceased and fired
upon him while the latter's back was
turned to the defendant 1t is competent
for, the defendant, on cross examination
of such witness, to ask him If he did not
hear the deceased threaten the defen-
dant's life the night before the killing oc-
CURED; no evidence having been intro
duced at the time showing any overt act
or hostile demonstration on the part of
the deceased at the time of the homi-
eide.
2 Charge to the jury in criminal case;
sufficiency of evidence.-1n the trial of
criminal case, a charge which instructs
the jury that every one charged with
the commission of crime is presumed
to be innocent until his guilt is establish
ed, and the evidence to induce his con-
viction should not be a mere preponder-
ance of probabilities but 1t should be so
convincing as to lead the minds of the
Jury to the conclusion that the defendant
can not be guiltless,'' exacts too high a
degree of proof and Is properly refused.
g. Same; same-In criminal case, a
charge which instructs the jury that 'un-
less the evidence against the prisoner
should be such as to exclude to a moral
certainty every superstition but that of
his guilt of the offense imputed to him,
they must find the defendant not guilty,
exacts too high a degree of proof and is
properly refused.
4. Same; same.-In a criminal case, a
charge which instructs the jury for an
acauittal of the defendant IF one" of the
Jurors has a reasonable doubt of the de-
PENDANTS guilt. is erroneous and proper
ly refused
Affirmed.
Opinion by Dowdell, j.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-04
PoLLAK ct al. v. BILLING.

Bin in equity for discovery OF assets
Appeal from the City Court of Mont
gomery, in equity. ..,,,r..,..-
1 Bill for discovery; can be maintain
ed by simple contract creditor.-A simple
contract creditor can maintain Dill up-
der the statute Code Sec. $50 Tor tne
discovery of assets OF his deptor. anu no
s,hiect them to the payment of debts
slIered to be due by the debtor to him.
fCode, Sec. S2D.
d same; sufficiency of averments'-A
rsY for discovery which AYERS that the
somnIainant is informed and believes and
~ states that his debtor has property or
sssets inaccessible under legal process. or
an interest in property real or personal
a. chooses in action which are not access
bic under legal process winch are ""''e
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-04
requested by either party is pr
fused.
Affirmed.
Opinion by HARRISON, j.

fused.
Affirmed
Opinion by HARRISON, j.
TERRY ct al. ". ALLEN BROS.
Action for breach Of contract--Appeai
from the Circuit Court of Cohee.'
1. Pleading and practice; effect OF sus-
tanning some Of the grounds Of denur-
rer.-, hen any of the grounds or assign
ments of demurrer to complaint are
sustained, the fact that such ruling Is
to declare the complaint insufficient FOR
the maintenance of the action, although
other grounds of the demurrer were over
ruled: and upon the plaintiff declining to
amend or plead over, judgment final must
be rendered against him.
2. Statutory right of redemption; can
not be made the basis of an action-The
statutory right OF redemption Is neither
property nor right in property. but Is
mere personal privilege. not assignable
and can not be exercised by any person
other than the one upon whom the statute
has conferred 1t: and, therefore the fail
ure of one to whom the statutory right
of redemption Is sought to be assigned.
to exercise or attempt to exercise such
right. as he had agreed to do under the
contract of assignment. does not furnish
a ground. of action for the breach of
such contract.
Affirmed.
Opinion by Mcclellan, C. j.
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-04
HEREFORD v. HEREFORD

Bill IN equity for the appointment OF a
receiver-Appeal from the Chancery
Court of Montgomery
l. Appeal; when will not lie from decree
motion to discharge recelver-When a
hhotlon TO discharge receiver is made
after the expiration Of thirty days from
the date of the order appointing him. the
ruling of the Chancellor in his decree
denying such motion viii not be reviewed
on appeal.
2 Bill for the appointment of a re-
ceiver; when can be maintained Where
Its is averred in a bill asking for the ac-
pointment of receiver. that an action
OF electment is pending between the COM
plainant and the defendant for a specif-
cally described lot and that said lot
CONTINUED on Page III
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-04
Opinion by HARRISON. J.
TROY FERTILIZER co. v. THE STAT

TROY FERTILIZER co. v. THE STATE.
Action, to Recover Privilege Tax.-Ap-
peal from the Circuit Court of Pike.
I. Privilege tax; corporation manufac-
turing commercial fertilizer liable there
fora corporation engaged in the bust
ness of manufacturing and selling COM
'nercial fertilizer, cotton seed Oil. cotton
seed meal ETC.. Is liable for the privi-
lege tax imposed by subdivision IS Of
Section 4l22 of the Code although IL has
paid the license tax required by Section
BIG. and had also paid the tag tax requir-
ed by Section $50 of the Code
o. Pleading and practice; when pleas
should not be stricken on motion.-Pleas
should not be stricken on motion. unless
they are unnecessarily prolix, irrelevant
or frivolous, Code. Sec. 32S6); and II not
subject to either of these objections, the
plaintiff should be put TO demurrer, and
his motion to strike should be overruled
8. Same; when sustaining motion to
strike pleas not error without injury
Where special pleas are neither unneces-
sariiy-S prolix, irrelevant nor frivolous
the sustaining of a motion to strike such
pleas Is not error without injury, even
though they set UP no valid defense to
the maintenance Of action; since the
plaintiff should be put to a demurrer to
point out objections to such pleas. in or
der that the defendant should have ar
opportunity to amend If he saw 1T to
do So
Reversed and Temanded.,
Opinion by Dowdell. ].
The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-04
HEREFORD V. HEREFORD.

Dtatut0ry Acuon OF EJectment--Appeal
from the City Court of Montgomery.
!. Descrition of property; latent am
Aiguity: admissibility Of extrinsic EVIL
oence.-The description in a deed Of lot
conveyed therein as said lot of land
known as q part of lot number in square
number 20. in that part Of the city OF
Montgomery laid on on the Scott proper
~, said lot beginning at the north corner
u Mary Ann Green's lot. running north.
S5 feet, thence rs feet west. thence run
ming south IS feet. thence east rs feet to
the corner or place Of beginning" Is not
patent ambiguity; and where extrinsic
evidence has been introduced to show
lhe identity and situation. of the lot de-
pcrfbed In said deed. from which it ap-
pears there was uncertainty and ambig-
hity in such description. 1t is competent
Tor the person claiming under said deed
W an action cf eJectment. to introduce
parol evidence to explain or remove such
uncertainty or ambiguity.
Affirmed. s
Opinion by Haralson j.
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1902-02-05

The governor of the state of Ar
kansas has asked the bankers of
that commonwealth to loan the
state money enough at six per
cent. TO relieve the drought suffer
ers in four or FIVE of the mountain
counties. Will the Cherokee ma
ton make no effort to relieve her
suffering poor? Must our full
blood population etarve and no
effort be made to relieve them?
rne most heartless and cold blood
ed indifference seems to prevail
These Indians are far more help
less and dependant in their pres
ent condition than the same num-
Der OF English speaking whites
would be. Their Indian stoicism,
coupled with their inability 10
speak English make their condi
tions doubly deplorable.
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1902-02-05
A Night Alarm.

Worse than an alarm Of fire at night
is the brassy cough of crour. which
sounds like The children's death knell
aud IL means death unless something
Is done quickly. Fnley's honey and
tar never fails to give instant relief
and quickly cures the worst forms OF
Group. Mrs. p. L. Cordier, OF Man
nington, KY, writes: my three year
Did girl had severe case Of Group: the
doctor said she could not live. got
a bottle Of Foley's honey and tar, the
frst dose gave quick relief and saved
her ife." Refuse substitutes. For
sale by Peoples drug >ture.
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1902-02-05

From the philanihropic smile
Secretary Luman +. Parker is
wearing. and the sly twinkle OF
his eye, II IA to be inferred the
Commercial club will have "light
refresh ments" at the "feast OF rea
son and flow of soul" tomorrow
night. The member that fails to
be in his seat on this occasion WI
spend the balance Of the winter
kicking himself
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1902-02-05

James L. MrCabe's "Mal0ney's Wed
ding Day" will take place.at the opera
house, Feb. 1t is the merrIest
tumble OF fun and Wholesome comedy
ever put together. The Company l.
headed by James l. McCdbe and
comes heralded by press and public as
capable ~ amusing an audience
through three acts nf the brightest
comedy drama pie-erted this season.
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1902-02-05

Nothing haA been heard from
the Cherokee treaty since being re-
celved by Senator Quarles some
weeks ago. II may be- introduced
later IN the session. Al present
the congregational commuters are
absorbed with statehood and other
territory bills affecting the terri
tory and Oklahoma.
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1902-02-05

The call meeting OF the Com
mercial club Thursday evening OF
this week will consider, among
other important matters, the prop
osiiion Of aiding 10 the establish
ment OF a canning factory in Vini
Ia. II this enterprise is properly
put in operation and on a scale
large enough TO be worth atten-
tion. il will bring from one to two
hundred families 10 town whose
wages will be spent within the
town.
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1902-02-05
Wanted to Fight Duel.

The town Of Allen recently wit
messed the exciting spectacle OF
DR. Allen, the leading physician,
paradiDg the streets with a shot
gun calling TO Assistant Postmast
erJ w Swofford to get him gun
and come out and fight like a man.
! he row is the elimination of a
ppstoffice hight. Recently Post
master Houghton resigned and
tue vile of DR.. Allen ap-
Piled for the appointment. She
VS. endorsed by w M. Mellette
Vinlta, naional cDm mmitteman of
territory and by other prominent
men. Ga the eve of her appoint
ment serious charges against her
craracier were filed aud the mat
Ter held up. DR.. Allen charges
Swofford, who is also an applicant
Tor the appointment, as making
the charges and says that the mat
ter can be settled only one way,
and that was the dramatic one ad-
dopted by him Swofford has filed
complaint under an old section OF
an Arkansas statute against chaI
lenging to duel. This will be the
fret prosecution OF the kind in
Indian territory criminal history
-Ardmoreits.
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1902-02-05

Viniia il to be congratulated on
its escape from smallpox and
other contagious diseases this win
ter The general vaccination OF
the residents Of this town for the
last few years II in large meas
ure to be- given the credit, 20 far
as emallpox IL concerned
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1902-02-05

Don't let the hand Of time paint
wrinkle. on your face. Keep young
by keeping the Liood pure and
the digestive organs in a bealthful
cpnditinn. Herbine will 90 this.
Health is youth, disease aud sickness
brings old aee Price, 80 cents, at
Peoples drup store. DIV
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1902-02-05

March 9th the new Fort Worth
schedule OF the Frisc0 will 20 into
effect. New trains will be put on,
equipped with the latest improves
service. The through train Will de-
part from ST. Louis at about ] 30 In
the afternoon aud arrive at the Texas
points the next morning. This will
also give new service TO Oklahoma
City.
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1902-02-05
To 81 Paul 4 MINNEAPOLIS

Double daily train service Kansas City
ha the twin cities of the north via Oma-
to Sioux City.
BEST LINE EAST BOUND. To
Chicago-famous "Eli'' leaves Kansas
City at 6 % p. m. arrives in Chicago at
3. 10 a. m.
Double daily service to St. Louis
DO rs the favor to write for rates, free
printed illustrated descriptive matter.
Let ms advise you the least cost of your
irip.
L i. BRICKER, T P. A., 82S Main ST.
Kansas City. No
L. " WAKELEY. G. p. a. St Louis
HOWARD ELLIOTT, Cen'i Manager.
ST Louis. No
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1902-02-05

A few more OF those fine boxes OF
candies left yet. They must go. as
we will not carry them over. A fine
line OF candies OF all kinds very cheap
Silver Moon Restaurant.
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1902-02-05

Some Of the allotment bills In
troduced in congress provide for
the settlement Of all disputes be
tween citizens over allotments by
the district courts Of the territory
This would be a wise provision.
Judge Gill sitting as the court for
the Cherokees could be depended
on With the utmost confidence to
settle every dispute arising over
the right TO allot certain lands.
One Of the difficulties In sllottine
The Cherokee lands will be that
several claimants will frequently
appear contendiDg for the same
sllotments. The judge Of the
court would be very competent TO
pass upon such cases. and Gin IL
ihe kind Of man to patiently near
all sides OF every case.
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1902-02-05

The great beauty about DR.. Cald-
wells Syrup Pepsin is It's certainty TO
cure n~tIpation, indigestion, sick
headache aud stomach troubles. Sold
by Peoples drug stnre. DIV
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1902-02-05
yINIrA. md. TER. FEBRUARY $.

The Cherokee couocil passed .
bill providing for the pay
ment OF the 100000 indebt.
edness OF the tribe on the sug
Qestion of the Indian office. Now
Why Is that public debt not paid
and the six per cent interest
stopped?
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1902-02-05

When pain or irritation exists on
anY part Of the body tue application
of Ballard's Snow Liniment will give
prompt relief Price, 25 and 80 cents.
Peoples drug store. DIV
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1902-02-05
STATE OF ONO CRY OF ToIEDo,

STATE OF OHIO CITY OF TOLEDO,
LUCAS COUNTY.
Frank j. Cheney makes oath thal
he i senior psrln-r OF the firm nf f..
j. Cheney & Co dong business IN the
city OF Tols }, county aud siate afore-
said, aud that said frm will pay the
sum of One Hundred D',ilarS for each
ard every case of Catarrn tpar cannoL
be cured by the use If Hail'- Ctrtarrh
Cure FRANK CHEENEY.
Swora TO before me ana >uD-crine
ia my presence. this 9Th day Of De-
cember, A. d. 1886.
]Seall A. w. GLEA ON,
Noiay Pubiic.
Halls Catarrh Cure Is takeI In ern-
ally. aud acts directly IN the blood
aud mucous surface OF the system
Send for testimonials, free.
J. T.. CHENEY & Co., Toledo, o.
Sold by Druggists, 75c.
Halls Family Pills are the hest.
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1902-02-05

Nearly everybody are going to see
-Naloney's Wedding as the opera
bouse t0uiEbt
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1902-02-05
For Northwest Settlers
THE BURLINGTON'S VERY
LOW RATES.

Every day during March and April.
1901. very low one way Colonists' rates
by the Burlington Route as follows:
Kansas City to Bortland. Tacoma, Sc
atile and Puget Sound points s2s
To Spokane aid surrounding territory
s225o. To Butte and Helena district
2o.oo
For exact rates to intermediate and
branch territory consult nearest ticket
agent or write the undersigned
The 'Burtington-Northern Pacific Ex
press" is the great time saving train,
carrying through coaches. through chair
cars and through tourist sleepers to
Butte, Helena, Spokane, Puget Sound
and Portland.
From Denver 10 the Northwest--The
Burlington has fast service via Billings
in connection with the Burlington
Northern Pac hc Express"
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1902-02-05

Frank l.. Mars OF Sapulpa is in the
city on legal business.
The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1902-02-05
BurIinafon's Denver Train

Fast ira leaves Kansas c ty at 9 IS r
m, arrives in Denver SIS p. m. next
day. Another Denver train leaves Kan
sas City at 10 40 a. m. Double daily
char cars, sleepers and dinning
cars.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1902-11-14

The EXAMINER is making preparations to get out
nifcent Christmas Holiday number. We at work
preparing data for Ghs edition. and shortly will call upon
for for it, 1t is the intention
to complete Holiday number published
in the state and that end great amount of will
be We believe Montpelier and Bear Lake deserve
something especially fine along this line and going
give them their moneys worth.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1902-11-14

HARD TO BE THANKFUL FOR.

That the republicans have such big majority i'll Idaho
That Col Dewey is the only millionaire OF his kind IN
the state.
That due just the same this year as last
the list of busy bode who rip their neighbors
the back is as large
That Montpelier hasn't got water system
That haven't got the price to 60 to Boise and
wine and dine with the republicans.
That chances for becoming millionaire no
brighter than year ago
That ninetenths of the people have work oneenth
play,
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1902-11-14
ONLY 1000 MAJORITY.

stopped voting election day, but their
opponents be ping majortes still On Wednes
day 5000. Thursday it had cmed to 5000. Fri
ay it reached OOO 1000 Where republ-
cans will stop known. They to to make
victory there won't be quibbng about
it. And the burning part Of it is. that they have
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1902-11-14

There is big fight on between the beet sugar people
and the trust and it predicted that the price will
four before long. The trust up against it this
time for the beet factories produce sugar
cheaply than the sugar be manufactured The
by keeping the price in former years. the beet
sugar chance to get started and that it is started
there of stopping it's production In other words
the has helped build foe that rapidly and surely
dsplacng it everywhere. For the will get
benefit and it promises to be of permanent nature
All sorts of buildings in contemplation for
spring. The list includes business blocks
dozens of residences Yes, Montpelier will grow
year, rapidly than has this and 1902
regular boom year in the Way of new buildings
Who predict what Montpelier will be when half
dozen mines the copper belt get shipping the
Claire claim is doing Surely great city is destined
grow from the start already made.
!
The Pocatelo Tribune says Bear Lake gave Hunt
The returns show Morrison to have something like
iority in this county.
Now is the time to advertise your holiday goods
columns is the place to do such advertising you
the best results
The thing deck will be the election road over
seers which takes place the first Monday in December
The with the big nit ought be in evidence at
Boise, dnrnig the coming legislative session.
If the republicans carry the good things they
gret after ALL that they successful in election
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1902-11-14

with accord the democratic papers have
rived at the conclusion that much Dubossm Hetfetism
and the of the partys defeat
in of the old time democrats
aside make for recruits The EXAMINER pointed
out ago that such policy doomed defeat
the only thanks it got for it's advice threat of being
astracized politically the democratic party Now
everyone where the made We hope
they may profit by the experience
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1902-11-14

Up Shoupe, Borah, Hepburn, Standrod, Goodng
and several have entered the senatorial The
republican Legislators will have merry time when they
in Boise
Judge Kelly, John Flanagan and Jack Heggie out
anyway
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1902-11-14

The EXAMINER hopes Hepburn will be elected
If Borah chosen he and Dubois might together
RICH Washington and there would be- Spare
Idaho the chance of such event.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1902-11-14

dozen mines in the copper belt get to shipping the
Claire claim is doing Surely great city is destined
grow from the start already made
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1902-11-14

1igan and Jack Heggie won out
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-02-01

Your blessed personalities we've re-
called TO us this afternoon I'm u most
peculiar way X ana had JUST been
talking Of You when Tire door bell rang,
ana on going to the door well dressed
Young man handed me a tract molestly
calllng my attention to the fact that Il
was "a Mormon document. took
MN by the hand and said Come right
H. SIR II h message from home Fhe
gentleman was considerably surprised
ana | augmented his wonder BY men-
lioning the names Of my Salt Lake
friends, beginning with yourself Then
ne was amazed, My callers name was
Mr. N Of Logan, Utah on mission
TO this city | showed him our photo
graph Of the Temple ana the interior
of the Tabernacle or course, this did
not lessen his curiosity, nor was II en-
tirely all0yed when | took from my
book shelf two volumes. one the Book
Of Mormon ana the other the Doctrine
and Covenants, It gave me such pleas
ure 20 extend TO him the hand Of fellow
ship that | could not help dollylng over
A. We had long, pleasant chat dur
ing which ] learned that some OF my
Salt Lake friends were AT that time In
New York city, aud a LOT ot other IN
tcresting gossip concerning our friends
in Salt Lake
N seems to be- fine fellow, and his
presence could not help make for good
In any cause he enlisted, Tie seemed
to bc pleased to ind 80 unexpectedly
one so we'll acquainted with his people.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-02-01

Fred H. Aueach Of Utahs
and his death New York September
Of friends
as In other OF the When this
Auerbacs untmey DEATH
opposed by H. Auerbah brother the
the
of
the bowels the Jewish hospital New York in the
lie unmarried native
in 1854 For four he business
Auerbah removed TO California where continued
til 1854 when removed
street. which has increased size until
scale operations Mr. Aubach
Chamber
did before leaving for New York his final contribute
his pocket towards defyng the the
resolutions coincidence
in