davidaulloa/AmericanStories huggingface dataset:
The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1902-10-19

WRITTEN FOR THE SUNDAY REPUBLIC
Adventurous as the lie OF Captain John
Smith and romantic as the story OF Robin
son Crusoe has been the career Of Captain
g z Willis OF Southampton. England. and
master OF the steam yacht Fauvette. which
IS iyihS at Tebo's basin, Brooklyn. Incl
dents Of his life read ike pages from fc-
ton Man and boy, ne has sailed the seas
Tor nearly forty years ard now, in the
prime OF life. he IS as elser for adventure
as when a lad OF 10. Ee has fought Naisy
pirates. ben captured and Sentenced 10
death by a c-nEihal king and In the present
Venezuelan revolution was 4 prominent
figure.
As commander OF the Venezuelan revo-
lutiunary NHrship. the Liberta1oT. he did
such destruction TO Venezuelan commence
and proved 50 great a thorn in the sides
OF the Venezuelan naval commanders that
President Castro declared the Lbertador a
p~iraucai craft. her commander. a pirate
and offered rewards OF $1,000 each for the
capture Of the vessel and her captain
General MatoS, the rebel leader. had prom
tsed. in the event of the revolution sue
Ceeding, that Captain Willis should be N de
Admiral OF the re0rEanizcd feet. But- for
the t~reacbery OF Colombian allies ne would
have stayed TO the end. fo1 he enjoyed with
al the zest OF Z true-born Briton tile wali
exciting life Of fighting AID blockade =1n-
ming.
CoUOMBLANS FORMED PLOT TO
KIDNAP CAPTAIN.
Three Coiombians had formed a plot to
kidnap the Captain and deliver him over 70
the tender merees Of President Castro. who.
Captain Willis has no doubt. intended %
have him hanged in the public. square Of
Caracas
With the simple straightforwardness OF a
sailor Captain Willis tells his story. he
was master Of the steamer Ban I3lgh n
November OF last year. when General Ma
TBS. burning for revenge on Castro. went 10
Europe and negotiated for the ships puT-
Chase in the name OF an English friend.
Mafos decided TO convert the Ban Righ into
a Warship and transport combined-a war
ship TO fight the Venezuelan feet. a trans
port 10 run the biOckades and land arms
and ammunition.
When Captain Willis came out on the
bridge and ordered the vessel 10 get under
way he had stored in her hold 10 tons OF
Mauser rifles, 49, tons Of ammunition. field
pieces and rapid-hre guns and guns that
were later 10 be mounted upon the Ban
Rich Among her passengers were French
Captain OF artillery and a number Of
French Drill Sergeants that Mates had -
cured 70 whip the evolutionary army into
disciplined troops. Doctors also accoInpa-
MED the expedition.
Clearing Antwerp. Captain Willis headed
the nose OF his ship for Madeira, but he
changed the course for the Azores when he
learned that British warships were search
ing Madeira-bound VESSELS for ~contraband !
of wa- CONSIGNED to the Beers.
December was wearing away when the |
Ban Righ proceeded to Fort de France to
meet General Matos. Extraordinary though
the precautions had beer To- keep the YES
sells purpose secret, Castro's agents learned |
the truth and two w~arships were dispatched
TO find the Ban RICH, engage and sink her, !
The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1902-10-19
INSTRUMENTS WHICH WERE
PLAYED BY ROYAL PERSONS.
Some of the Rare Violins,
Harps, Flutes and Trum-
pets on Exhibition at
South Kensing-
ten Museum.
FOR THE SUNDAY REPUBLIC

WRITTEN FOR THE SUNDAY
The impression made by the notable col
lection of musical instruments displayed at
The South Kensington Museum, England.
has not been Iessened by lapse OF time. It
SIN is talked about among musicians as an
event OF extraordinary interest. As nearly
aI the instruments were loaned and wee
10 be dispersed after the exhibition had run
itsi course. and the valuable object lesson
which they presented yanishes, William
Glib was employed 10 make q series OF
water color drawings OF the most notable
exhibits. and this he did with great skin
These drawings. some fifty in numhe-,
now are in this country, and soon are 60 BE-
exhibited by Messrs. 7. J. Cannon and Il.
D'Almaine in the galleries Of the Reaais-
ssnce Society. New York This exhibition
wil be IN q sense a pictorial duplicate OF
the most important musical Instruments
shown at South ACKNOWLEDGEMENTS
not only interesting In themselves but also
surrounded by a halo. Of romance.
This win be understood when IL is learned
that there may be seen the harp % Mary
Queen Of Scots. and by its side the guitar
OF that m-starred Queens wooer. Rizzio-
ouseu Mary's harp. this interesting relic
OF an unhappy Queen, is the least impaired
Gaelic harp known It Is smailAoniy thirty
one inches high ard eighteen inches from
hack 20 front-and when she played il or II
Iras plsyed fer her Il rested upon the left
knee and against the left shoulder Of the
performer.
The strings were Of brass. twenty-nine in
humber. and made 10 sound by the Players /
6nrer nails. which were allowed TO grow
long for the purpose.
The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1902-10-19
DREYFUS SPENDS
HIS LIFE IN PARIS.

Doubtless it has seemed strange to many
persons that Captain Alfred Dreyfus couId
the funeral q Zoia In Pa=ss the other
and eFeape recognition. And yet this
man-so long In The public eye-mlngled IN
The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1902-10-19

came NJ just as the Ban Bigh was enter
ing the harhor OF Fort de France The Ven
ezueian commanders watched the suspect
| with al the vigilance or a c1f Tor n mouse.
When nieht fel thev PLAYED their search
! lights upon her. Urmin1ful Of all this.
Captain Wills loaded his vessel with -
1 tons Of coai and had her sides fitted with
srmor.
AlOTOs JOINED BAN RICH
AT FORT DE FRANCE.
Matos. el-bty-C.ur Generals and 90 men
Joined the Ean Eigh NJ F1rt de France. arrl
Captain Wits was formally Commissioned
by the rebel leader as Admiral OF the revo-
lItior1ry feet.
Mates said Captain Willis els not i
large man. hut he is a tremendously ener-
retic one. He is. indeed. what your Pres
ident Roosevelt would call strenuous. He is
a pIeasant-faced gentleman. with gray blue
eyes. and in manner T. a true Castiiian. He
Is souudly cdrcated and sp-aks and writes
English. He knows not The meaning u
fear. To sit TIE saddle and lead his men in
charges Is his life He is a born fighter and
his restlessnezs is always getting him vaf-
br5iled In revolutions.
Eager for the capture OF the Ban RICH,
uuon which President Castro had set a
price OF Sia.o0. the two Venezuelan wa
ships demanded the rirht to take her Ia IRE
harboF. but the French authorities declared
that any attenpt OF this kind would have
20 he made on the high seas or the
Nenezueians themselves would b. declared
pirates. Thersupon. the Nenezuelans with
drew to the outside and waited for the Ban
RICH 10 come out"
Here IS where Captain wnis's seacraft
stood him in good stead.
Might favored us" he said. Lowering
clouds hid the moon. Not a star appeared
in the frmamant. The darkness was Styg-
ian. 1 ordered all lishts out, put an en-
barge on smoBing and slid out OF Fort De
France in the darkness. I took the wheel
myself. and went right between the boats
OF the enemy They never knew until next
DAY that their coveted prize had slipped
through their fingers.
1T was last New Years Day that we
threw disguise 20 the winds and came out
hauled down and the Venezuelan banner
raised. The Ban RICH was rechristened the
LIbertador. and we cleared FOR business. At
Fort dc France my old British crew had
been paid of and discharged. and a South
American crew took their place. a more
vilainousjooking lot could not be found in
3 walk from Nontevideo to Lima
PROCEEDED TO CAPE COROf
FOR SUPPLIES.
.Sfatos had arranged with his associates
before we left Antwerp that the supplies
should be landed at Cape Coro. Venezuela
Thither we directed our course. a sloop.
rim and rakish as a cup challenger. was
sighted. whereat the Venezuelaus held a
WHISPERED conference
"NiatoSs son came up TO the bridge and
said that his father wished me to take pos
session OF the slQOp. which he Intended %
use as a transport 10 land supplies. I re-
fused. Angered at the demand. / hetly re-
torted that I did not intend TO become 4
The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1902-10-19

positive, being applied to an organ In
tended 10 remain In place. inste ad 0f be-
portabIe-of the Louis XIII epoch: a
Welsh crw(h- a very primitive instrument
akin to the ancient Celtic harps: Russian
Ralaiaikas. or ueassnts' guitar. and a set OF
Roman trUmDots.
The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1902-10-19

the set are a hagpipe grOup-coruemuse,
CaIabrian bagplpe and musette-probably OF
the Eighteenth Century; a positive organ"
The Montgomery advertiser., 1902-07-24
DAVIS v. SANDERS.

Action for false mprisonment-Appeal
from the City Court Of Birmingham.
/. False Imprisonment; there can be
no recovery for malicious prosecutlon.-A
complaint which claims damages for
''maliciously and without probable cause
therefor causing the plaintiff to be ar
rested and imprisoned on the charge Of
larceny" Is an action of trespass for
false Imprisonment and under such COM
plant there can be no recovery for mali
cious prosecution.
2. Same: same; character Of action not
changed by amendment-In such a case,
the amendment of a count by adding
therto that said charge before the COM
mencement of this action has been judi
eially Investigated and said prosecu-
ton ended and the plaintiff discharged"
does not change the character of the
action.
g. Malicious prosecution; constituents OF
SUFFICIENT complaint-An aVerment OF the
issuance Of process. properly describing
it. and the plaintiffs arrest and imprison-
ment By virtue thereof. is essential to
constitute a count for malicious prosecu.
tlon.
4. Action for false Imprisonment: evi-
dence Of plaintiffs character not admis-
sible-In an action to recover damages
for false imprisonment, where the plain
tins character has not been assailod.
proof OF his good character is wholly
irrelevant to any OF the issues involved,
and such evidence should be excluded.
Reversed and remanded.
Opinion by Dowdell. j.
The Montgomery advertiser., 1902-07-24
WARD V. SHIRLEY.

Statutory action Of detinue-Appeal from
the County Court of Tuscaloosa.
]. Action Of detinue; admissibility OF
evidence as to character of sale.-Gn an
action of detinue. where the plaintiff
claims title under a bill Of sale. the ques-
ton OF whether said sale was an abso-
lutte and unconditional sale depends upon
the facts and circumstances Of the trans
action including the bill of sale; and,
therefore, a statement by witness that
said sale was an absolute and uncondi-
tional sale, without any reservation OF in
terest'' to the seller is the statement OF
a conclusion and is properly excluded
upon objection.
2. Trial and it's Incidents; when Judg-
ment of court without jury reversed
When a cause Is triad by the court with
out Intervention of jury. the judgment
upon the facts will not be reversed unless
It is shown on appeal that such Judgment
was plainly erroneous
Affirmed.
Opinion by Mcclellan. c. j.
The Montgomery advertiser., 1902-07-24
Inviting Frank Criticisms.

Brooklyn Eagle.
A rich, but irascible art collector OF Chi
caRo recently invited critic to view his
latest purchase. The collector Is In nc
sense an authority In art matters him
helf. and gauges pictures largely by th'
price.
'Tts gem. a treasure! / know II iss'
he said, but / want your frank opinion
Cost me a big sum, but It's worth It
One of the old masters, you know"
When they stood before the picture tht
critics brows contracted and he looked
thoughtful The collector watched him
anviously.
Had an alleged judge of these matters
up here the other day." the collector re.
marked, but he didn't know anything
It's astonishing what a reputation mar
can get by little assurance; but ne
won't make that mistake again."
What mistaken" asked the critic.
"Why, he said this was not an original
but copy, and the roasting l gave him
Just shriveled him up. II was all could
do to restrain myself from kicking him
out Of the house, the presumptuous fool
Now. what's your honest opinion OF the
work.
II believe" said the wise critic after
another inspection Of the canvas. that
ia better take a little time for con-
sideration. II you don't mind, I'll write
YOU what think OF It,.
The Montgomery advertiser., 1902-07-24
HENDERSON v. Pulley.

Action Of Trover.-Appeal from the Cir
cult Court Of Pike.
!. Trover; what necessary to maintain
suit.-In order to maintain an action of
trover, the plaintiff must, at the time Of
the institution of the suit have either a
general or special property right in the
personal property alleged TO have been
converted. and If the property right claim
ed by plaintiff is special or qualified,
plaintiff must have, in addition thereto,
the right Of immediate possession.
2. Same; same; case at bar.-In an ac-
ton of trover, It was shown that the
property sued for was purchased by the
defendant from the original owner; that
prior to such purchase by the defendant
there were proceedings instituted In the
chancery court against the original own
er and in said proceedings the plaintiff
In the present suit was appointed receiv-
er and ordered and directed to take pos
session of the property in question. to-
gether with other property Of said orig
inal owner. The plaintiff as such re-
ceiver did not take actual possession Of
the property sued for, but BY agreement
| with the defendant who was then the
agent OF the original owner, left the prop
erty in the defendants possession. In
the chancery proceeding there was a de-
cree against the original owner. in which
the receiver was directed to make the
sale of the property and report his action
to the court. The receiver reported to the
court sale OF the property In question.
but as matter OF fact there was no
sale of the property involved in the pend
ing suit although the receiver accounted
to the register for the proceeds OF the
pretended sale. which proceeds were ap-
piled under the orders of the court At
ter this no further orders were taken In
the chancery suit, and the cause was left
off the docket. The property in the pres
ent suit was at that time In the hands Of
the defendant who claimed IL under his
purchase from the original owner. Held:
That the plaintiff, at the time of the in
stitution of the present action of trover
had neither a general right or a qualified
or special property right In such action.
and was not entitled to recover.
8. Same; same; when can not be main
tained by receiver.-A receiver, after the
cause in which ne was appointed had
been dropped from the docket and his
duties have terminated, has no such right
in the -operty to which he acquired pos
session as receiver. as will enable him to
maintain an action of trover for the con-
version OF such property.
e. Same: same; same..-Where a re-
ceiver was directed by the order of the
court to take possession of certain prop
erty and sell 1t. and although he reported
a sale thereof and accounted for the pro-
ceeds of the pretended gale, there was,
In fact, no sale, such report and account
ing by him did not operate to divest the
title OF the property out Of the owner,
nor give him the right to maintain an
action of trover therefor against the pur-
chaser from the original owner.
Alarmed
Opinion by DowdeIi, ].
The Montgomery advertiser., 1902-07-24
POSTAL TELEGRAPH CABLE co. "
JONES.
Opinion by DowdeIl. J.

POSTAL TELEGRAPH CABLE co. v.
JONES.
Action against Telegraph Company to re-
cover Damages for Personal Injuries.
Appeal from the Circuit Court Of
Jefferson.
]. Action against telegraph company
for personal mi Iries; sui1ciency OF com
plaint.--In an action against a telegraph
company by one who was travelling along
the public highway. to recover damages
for personal injuries received as the re-
suit Of a wire used by the defendant
having fallen across the public road,
where the complaint alleges that the
team which was attached to the vehicle
in which he was riding. came In contact
with said wire. and by reason thereof be-
came unruanageable and the plaintiff was
thrown from the wagon ard fell upon
said wire and received the injuries COM
planned Of. and II was averred that the
defendant owned and operated said tele-
graph wire which was heavily charged
with electricity and II became and was
the duty of the defendant TO use due care
to have and keep said wire high up from
said road yet. notwithstanding said duty
defendant negligently caused or allowed
said wire 70 be or remain on such a
short distance above said public highway
that the public travelling said highway
were liable to be injured thereby
cientiy charges a cause Of action and is
not subject to demurrer upon that ground
or upon the further ground that 1t fails
to show the duty on the part Of the de-
PENDANT to keep its wire out Of the way
of travellers along tho public road
2. Pleading and practice; when demur-
rer TO special pleas properly sustained
Special pleas which set up matters simply
In denial of the cause Of action. as con-
tanned In the complaint and interpose no
ground Of defense which can not be set
up under the plea OF the general Issue,
are subject to demurrer.
3. Action against telegraph company;
when negligence a question for the jury
In an action by one who was travelling
along a public road. against a telegraph
company. to recover for personal injuries
alleged to have been caused by reason
of the defendants negligence in allowing
a wire charged with electricity to be or
remain on or a short distance above the
road. whereby the travelling public along
The Montgomery advertiser., 1902-07-24

BIRMINGHAM RAILWAY & ELEC-
TRIO CO. v. DOSS.
Action to recover damages for personal
injuries. Appeal from the City Court
Of Birmingham.
1. Action for personal injuries caused
by overflow; charge as to unprecedented
rain fall.-In an action to recover damages
for personal injuries, alleged to have been
caused by the negligence OF the defen-
dant, where the negligence complained
of was the failure OF the defndant to pro-
vide or maintain In good condition proper
or sufficient outlets, ways, or means, or
appliances to prevent q lake under the
control Of the defendant from overflow
ing, and the evidence tends TO show a
failure by the defendant to maintain the
outlets. etc. in good condition, and also
afford an inference that had the outlets TO
prevent said lake from overlooking been
In good condition. the injuries complained
of would not have been inflicted. not
withstanding an unprecedented rain fall.
charges requested by the defendant are
properly refused which instruct the jury
that IF you believe from the evidence
that plaintiffs alleged injury and damage
were caused by an unprecedented rain
fall. yon must render your verdict In
favor Of the defendant"
.. New trial; how ruling Of court
thereon reviewed on appeal.-on appeal
the trial court will not be put In error for
overruIinS motion for a new trial. upon
the ground that the verdict was contrary
to the evidence, unless after allowing q
reasonable presumption the court is
cieayiy convinced that a preponderance
Of the evidence was. against the verdict
as rendered.
Affirmed.
Opinion by Tyson, J.
The Montgomery advertiser., 1902-07-24
FIRTH & co ". HoLLAN.


Action of Assumpsit.-Appeal from Pike
Circuit Court
1. Sale Of articles Of merchandise; I'M
piled warranty; duty of purchaser upon
discovering defects.-Where articles of
merchandise are sold by description and
for the purpose Of resale by the purchas-
err, there is an implied warrantyNthat the
articles sold shall not only answer the
description but that they shall be mer-
charitable; and II upon their delivery such
articles are in bad condition, and are to
a great extent understandable. the pur-
chaser, upon a discovery of such condi-
ton has the right either to rescind the
sale within a reasonable time and re-
turn the articles. or retain them and
avail himself Of the damage suffered eth
er by bringing his cross action -eor the
breach of the warranty, or by proving
their real value and abating the pur-
chase price pro tanto.
Affirmed.
Opinion by Tyson. J.
The Montgomery advertiser., 1902-07-24
ZION FOUNTAIN LODGE &c. v.
FOIKES. FOR USE.

Statutory Actione Of Ejectment.-Appeal
from the Circuit Court Of Henry.
I. Bill of exceptions; when properly
stricken from record.-Where the bill of
exceptions in q case shows that 1t was
signed by the presiding Judge in vacation.
but It is not made to appear from the
record that any order was made by the
court authorizing this to be done. or that
there was an agreement by counsel
placed upon record for the signing Of the
bill of exceptions In vacation. such bill
is properly stricken from the record on
motion made; and the recital In the bill
Of exceptions that said bill Of exceptions
was signed within the time allowed by
the court in accordance with the order
made during the term time. is nothing
more than mere statement by the Judge
Of his recollection, and IL not suflcient to
prevent the bill Of exceptions from being
stricken.
Affirmed.
opinion by Dowdell. ].
RUSSELL v. PEAvY.
statutory action of archaeological
from the Circuit Court Of Jefferson.
/. Husband ana wife; conveyance by
The Montgomery advertiser., 1902-07-24
cn,,ld Not Believe It.

Philadelphia Press.
mo" said the convict, there's some
things in the prayer book 1 can't believe.
though I'd like to.
what, for instance" inquired the pris-
on visitor.
''Well, for instance, where Is says, We
are here today and gone tomorrow.
The Montgomery advertiser., 1902-07-24


Statutory action of ejectment--Appeal
from the Circuit Court OF 7Tusca-
loosa.
!. Deed; construction thereof; estates
created.--A deed whereby the owner OF
real and personal property conveyed 1t to
a designated person in trust for the use
Of his son NJ. for life, and at his death
for the use and beneflt Of the heirs
Of M. at the time Of his death and their
heirs and assigns forever. But In case
he shall leave no heir or heirs living at
the time Of his death, then; and in that
case the same real and personal estate
shall go to the heirs at law of the said
grartor living at the time of the death
of the said M. and to be distributed ac-
cording to the laws of the State Of Ala
hanna for the distribution of intestate
estates and It is apparent from the in
strument itself and from the situation
and circumstances OF the parties that 1t
was written by person acquainted with
the use Of legal technical words, and that
the word heirs used In the first limitation
meant children, issue or descendants Of
M. living at his death. such deed vested
In NJ. a life estate with remainder to his
children living at his death.
Reversed and remanded.
Opinion by Tyson, ].
The Montgomery advertiser., 1902-07-24
schedule to Warm Syringe.

The new schedule from Montgomery t.
Warm Springs via the Western Railway
and the La Grange route, leaving Mont
gomery at 1880 p. m, and arriving al
the Springs in time for dinner. Is making
this place very popular with Montgom
cry people. All report It delightfully."- COO
at night and plenty of amusement. and
first-class cuisine. the swimming poo
being the principal attraction.
adv