davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1902-05-04
LIDE vs. THE STATE. Indictment for murder

l. City Court of Montgomery; power as to organization of juries.-Although the City Court of Montgomery is an in- ferior court and of statutory creation 1t is. in all criminal matters, a court of general Jurisdiction; and in the organiza- tion of grand and petit juries for the administration of the criminal law, it possesses like powers to those conferred by the statutes upon circuit courts.
 2. Same; organization of special grand jury.-Section 5000 of the Code, providing for the organization of a special jury dur ing the session of the court after the grand jury has been discharged. is not repealed so far as Montgomery County is concerned. by the act of the General Assembly creating the City Court of Montgomery. and the local statutes en- acted for the selection and drawing of juries for Montgomery County: and where during the term of the City Court, after the regular grand Fry for such term has been discharged an offense is committed in Montgomery County, the City Court has authority and power. under such statute Code, Sec. 5000 to organize a special grand jury for the investigation of the offefise.
 B. Same; same-in the organization Of a special grand jury by the City Court of Montgomery, under the provisions of the statute providing therefor Code, Sec 5000, where the order commands the sheriff forthwith to summon eighteen persons possessing the requisite qualihca- tions of grand jurors,' it is no objection to an indictment preferred by the grand jury so organized, that the sherin did not select the names of the persons summoned by him, In obedience to the orders of the court. from the jury list which Is re- ouired ta he kent in the office of the Judge of Probate by the special jury law for Montgomery County.
 f. Homicide; wife not competent wit ness for husband.-On trial under an indictment for murder, the wife of the defendant Is incompetent as a witness for her husband
 g. Argument of counsel; failure to ex- amino witness: error without injury.-In the trial of d criminal case, the failure of the defendant to introduce a witness subpoenaed and present, in support of the testimony of another witness examin- ed in behalf of the defendant in reference to fact wholly immatcrial and irrele- want to any issue involved in the trial, Is not the legitimate subject of comment by an attorney for the prosecution in his argument to the jury; but the refusal of the court to arrest the States counsel In commenting upon such failure of the defense is error without injury and there fore, will not. under the statute Code Sec. 4s30 warrant the reversal of the tudgment'o of conviction.
 S. Same-Every fact which | e testi- mony tends to prove and every ference counsel may thtrk arises out of he tes- timony is legitimate subject of ( 'iticism ,and discussion In the argument o coun- sel before jurie&
The Montgomery advertiser., 1902-05-04

This week has seen another step for ward for Montgomery-the securing of rural free mail delivery service over fouI routes in Montgomery County. The Commercial and Industrial Association M B. Houghton. Postmaster Buckley and Assistant Postmaster Irwin have been working on the matter sometime. and success is about to crown their ef- forts. Congressman Wiley has been keenly alive to the wants and needs of his constituency and has pressed the claims of the Capital City of Alabama most vigorously.
 Last week he wired the Association that the special inspector would report on Monday morning for duty in connection with the, examination of routes for the free rural service tn Montgomery County. Inspector W. B. Brannon arrived in the city last Monday morning and immediate iy set to work. It was then that a serious difficulty was discovered in the situation. The Inspector had the peti- tions for two routes-the Mobile road and the Hayneville, but no others. They had either failed to be filed or had been misplaced in the department.
 Inspector Brannon immediately in- spected the first route in company with M. B. Houghton. It goes out the Mobile road and return by the Norman Bridge road, distance altogether of twenty four and one-half miles. Over route No. Warren Reese accompanied the Inspector. It goes out the Hayneville road and returns via the Selma road. and is twenty-three miles in length.
 Meanwhile Secretary Gilbert of the Commercial and Industrial Association wired Congressman Wiley to see the De- partment and get them to waive the failure to file the petitions in the case of the two other routes, and allow their ex- animation while the Inspector was here on the ground. Special permission was then secured by Congressman Wiley for the examination of routes three and four. Route number three goes out the Lower wetumpka road and returns via the Up- per wetumpka being twenty-cne miles in length. John D. Carter accompanied
The Montgomery advertiser., 1902-05-04
RURAL FREE DELIVERY Y
 FOR MONTGOMERY COUNT
Many Families Will Be Served Which HcTetof0f Have Not Had the Convenience of
 Daily Mail Service. E

i, the Inspector on this trip. z 2 E Over route number four EfauH D accompanied Inspector Urnxn0 goes out the Carter Hil1 Road oa1 IT via the Woodley Road. being tW0I miles in length. # z 3z; It Is understood that tho In1poot favorably reported upon theoe foyxf r< and that they will be slnnh1tnn
 established early this summ&. 1x
 for the new appropriation Will u64&
 available before July Int. < & |
 A petition is now being preDared IT fifth route out the Mount MeiGs xo11 0 back by Wares Ferry Road and n tQ as that has been forwarded Co tno q partment. 1t is probable that InGrGo1 Brannon. who left Montgomery yS1o< day, will be ordered back here t0 tn1 and report on same. ' < { |
 While here over thirty appliceut1
 the position of carrier were exafd1I
 twenty-four of them being neGr0o1~ Is not known as yet how many e t11 were successful <
 The free rural delivery serves the pec11d for two or three miles on either 1l16 G| the route. All a farmer has to Acs e to put up box, costing anyNhero t6t 90 cents to g on winch his name is oio1f lettered. Several families can join In c1 U0A II WcuANGN> All ttA0 &p<{A<4- particular route should be of the e pattern if possible. 70 that the co3Sl will not be delayed and hindre6 b4 multiplicity of keys. Of course thlp n III imperative, only suggestion ftoU t11 experience of other localities. Q4(>11 routes of course can have azl~sntirely 4fs4 ferent pattern of box and key. On eaGU route three government collection boxe1 will be established. At . cross road1 sometimes as many as ten or fftseIl boxes are ranged together aide by sIde5 Attached to each one is a white f111 signal flag. When the carrier plnc@1 mall in the box he raises this white siHnaI flag The proprietor then gets his mol out. and lowers the Dag. If however. n puts mail in the box for collecticn he leaves the flag raised so the carrier sn notified of the fact.
 The rural delivery has proven Of greet benefit wherever established and Mont gomery is to be congratulated that the service is so soon to be established through the efforts of the agencies already mentioned.
The Montgomery advertiser., 1902-05-04
An Appreciative subscribsr.

The Huntsville (Mo) Herald enjoys the distinction of possessing a subscriber who has paid up 100 years in advances The generous subscriber did this in or der to help put The Herald on its feet after 1t had been knocked fiat by a nrss This $l00." says the grateful Herald. pays our good friend suhscripticn ppS to March ll 2012 We do not expect to live that long, of course; neither does our friend. but The Herald may Long live The Herald and It's good friend.
The Montgomery advertiser., 1902-05-04
MoRMoNIsM's GROWTH
 DUE TO HUNGER

Salt Lake City Letter in The Brooklyn
 Eagle
 Apostles of Mormonism teach that the bond which holds the thousands Of Lat ter-Day Saints together Is the creed or Joseph Smith supplemented by many rev elattons but the fear of starvation has done more than anything else to build np the Mormon Church. It is recruited from men and women who have had a hard battle to keep the wolf from the door. When hunger gnaws the religion that feeds is certain to be popular. This is the secret of Mormonism's remarkable growth
 Persons who came to the annual con- ference just ended were contented rather than devout. Their faces reflected happi- ness instead of adofation, From ra- dius of 200 miles every Mormon who could get here came to honor the insti- tution which has transformed many of them from European peasants into Amer
The Montgomery advertiser., 1902-05-04
DR. GLENN ANDREWS, THE NEW PRESIDENT
 OE4IHE STATE MEDICAL ASSOCIATION

of the Board of censors in 1es, relir- auishihg that position upon his election to the Presidency at Bifmingham.
 pr. Andrews Is member of all the so- ciai clubs and Is an active society man
 beinr alike leader in social and profes- sional circles of tho city He is devoted to his profession and takes peculiar pride in all that he does. He is genial and conpanioEable in his nature and tc all his patisnt- Is . warm personal adviser
The Montgomery advertiser., 1902-05-04
Cold Tea as a solacs.
w York Times.

When Senator Warren of Wyoming met Senator Clark recently in the Capitol lobby he suggested adjourning to ths senate restaurant for refreshment. Ac< cepting the invitation, Senator Clark ob-. served thoughtfuily:
 "The derivation of the word 'restau- rant is very plain. It is derived rom two Latin words. res, meaning a thing. and Taurus. meaning bull It means. of course, n bully thing.
 They both drank cold tea in sorrowfuI silence.
The Montgomery advertiser., 1902-05-04

fairs of the entire congregation. Past experience demonstrates that the peasant can well afford to pay for that manage ment. The Norman Church never fails to improve the financial condition of any European pauper 1t brings over. but 1t Is aided by American government and insti- tutions. The mans labor counts for more here than 1t did there. They give him a little more and retain the rest. He is sat- isficd and the church Is q corporation which nays biz dividends.
The Montgomery advertiser., 1902-05-04

and friend as we'll safe health preserver and physician. In the senith of his ca- reer, he has before him the prospect of a long and useful life.
 His many friends in this city were gratified by his selection as the head of such an honored profession and have been congratulating him and the Asso- citation thereon.
The Montgomery advertiser., 1902-05-04

The State Medical Association of Aia- bana. at its recent meeting n Birmins- ham. chose for its presiding ofiicer for the next year. Dr. Glenn Andrews.sa suc- cessf Il and popular physician sf this city. Macon County. He attended the Auburn and Vanderbilt Colleges and received . thorough literary education, at those in- stitutions. we'll fitting him for the duties
The Montgomery advertiser., 1902-05-04
Kelly.
 Opinion by Tyson. J.


MERRILL vs BRANTLEY & co. . Z. Action for money had and received.
 l. New trials; review of judgment granting same.-When an appeal is taken from an order of the trial court granting a new trial, the Supreme Court win not reverse such judgment. unless the evil dence plainly and palpably supports the verdict. Appeal from the Circuit Court of Cren- shaw Tried before the Hon. R. J. Har- mon. special judge.
 Opinion by Sharp, J.
The Montgomery advertiser., 1902-05-04

the city as City Physician for. several terms during which time the most bene- fciai and eplendid sanitary system and health laws now in existence were in- augurated and enacted. The sanitary department was thoroughly reorganized under pr. Andrews's administration as q systom which has since attracted the attention of the entire country and made this city the widespread envy and subject of emulation by other cities.
The Montgomery advertiser., 1902-05-04

of profession which he has since hon. ored and adorned. He began. his career. by teaching one year in Greenyille. But Ter. County. and he then attended the
 medical lectures of the University of the City of New York. graduating there in 1886 and since that time he has been en-. gagged in the practice of medicine in this city. building up a large private practice and giving the most valuable service to
The Montgomery advertiser., 1902-05-04
GRTFFIN V. DAUPHIN.

Statutory Action of Fjectment.
 1. Execution; not void because costs in justice of the peace court were not item ized.-An execution issued upon judg-
The Montgomery advertiser., 1902-05-04
DR. GLENN ANDREWS.

! He has always been active in the local organizations of his profession and has
 been frequently deiegats- to tho State Medical Association. taking an active and prominent part in it's deliberations and
 making many valuable and useful sug- gesticns. He was the orator in 1893 and was at that time chosen as one of the College of Councillors He was selected as Historian in 1895 and made member
The Montgomery advertiser., 1902-05-04

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The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-01-07
THE SOLDIERS HOME,
What the Daughters of COnfederacy are Doing
to Fit Up New Building

The work of the North Carolina divis-
ion of the United Daughters of the Con-
federacy in equipping the rooms in the
new dormitory at the Soldiers Home is
progressing finely.
The following chapters have been as
signed rooms either as chapter rooms or
memorial rooms: The Joohnston Petit
grew Chapter, Raleigh, the w. G. Stron-
ach memorial, Dadson amseur chap
ter. Of Conford, a chapter room; Thos
Ruffin. of Goldsboro, a chapter room;
the Lincolnton chapter, Soldiers of Lin
colnton county, memorial Newbern,
chapter room; Durham chapter room.
Winnston-S alem:" A. b. Gorrell, me-
mortal room: Winnie Davis chapter
Pittsboro chapter room Greensboro
chapter-"A M. Scales memorial ROOM"
Cape Fear chapter, Wilmington; Gen.
Whiting memorial room" The first
three chapters have sent in furnishings
for their rooms, and boxes from several
others are reported on the way.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-01-07

ish consuming two and one half hours.
During the reading Rathbone rose and
said he desired to protest against the
continuance of the trial until he should
have had time to get counsel of his own
selection; and, also, that if his plea was
to be taken as a deposition he wished to
withdraw it. The court said that the
plea would not be taken in the circum-
stances and that Rathbones protest
would be considered.
Before the reading of the. complaint
was finished, Lawyer Desvernine, a
brother of Rathbone's former counsel,
asked the privilege Of the court to as
client for the afternoon. The court
granted his request, but would not allow
the further delay asked for Lawyer
Desverine then moved that the reading
of Rathbones answer to the charges be
withheld until the next session of the
court, which adjourned until Monday.
The court in it's refusal to postpone
the trials, said that there will be no
reason for delaying the roceedings be-
cause the interrogatories and other evil
dence for the defence had not arrived,
since they might arrive at any time du-
ring the trial. The defence takes the
ground that the Government is submit
ting a great mass of documentary evil
dence, and that the twenty days given
them in which to file an answer is not
sufficient
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-01-07
THEiTRIAL OFNEELEY AND
RATHBONE BEGUN AT HAVANA
The Accused Plead Not Guilty. Request
That the Trial Be Postponed is Refused
nv the Court
(By the Associated Press,

Havana, Jan. 4.-The trials of the
cases arising from the Cuban postoffice
embellishments opened today in the Au-
dienca court, before five judges. One
hundred and eighty-two witnesses have
been called to testify, and of these about
eighty responded today. Medley showed
no signs of his confinement. He has
grown stouter and was in good spirits.
Upon the opening of the court Rathbone
was informed by the judges that his coun-
sell Senores Lanusea and Desverine had
withdrawn. The court asked the other
counsel for the defense, if they would
assume charge of Rathbone's case and
being answered in the negative appoint
ed Lawyer Pascua, court employee, and
gave Rathbone one hour in which to
consult with his new counsel.
The court then asked Medley to plead,
and the latter responded that he had
never heard the accusations against him.;
but. after consulting with his counsel,
he entered plea of not guilty. Rath-
bone, Moya and Mascara also pleaded not
guilty, while Reeves asked permission to
wait until the next session of the court
before making his plea, and his request
was granted.
Senior Zaya, Neeley's counsel, asked
that the accusation against his client be
read. The complaint was read in Span
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-01-07
.HANNA'S MAN WINS
His Forces Control the House
While Foraker Triumphs
in the Senate.
(By the Associated Press.)

Columbus, O., Jan. AIN the Republi-
can caucus this evening for the organi-
alton of the General Assembly, the Han
ma men secured control of the House and
and the Foraker men of the Senate. Some
of the nominations for the latter were
made without opposition, but there was a
fight to finish and especially for the
speakership. There YVES no compromise
III either case. In the Senate the Sena-
tors make up the standing committees
themselves. In the House, the Speaker
appoints all the committees, and the
contest was primarily for the Speaker
ship with everything else secondary. The
Senatorial caucus was short and feature
less, but the House caucus was animated
and lasted several hours. Representa-
tive Cole, in presenting the name of w.
S. McKinnon, of Ashtabula, for Speaker,
denied that McKinnon's election could
be construed as a humiliation of Senator
Foraker, whose reelection they all de-
sired.
MeKinnon was nominated over Price on
the first ballot by vote of 3S to 80,
Efter McKnnons address of acceptance,
Price was called out and made the SEN
sational speech of the day by nominating
and declaring himself for Hanna for re-
election to the United States Senate two
years hence. Mr.. Price said he found it
easier to get pledges than votes and
eulogiZed Hanna and McKinnon, to whom
he credited his defeat, as men of the
highest character.
A ~ G,,,,A aiyou1 ~ nhnrltn Of no
Hanna leaders, was nominated without
opposition for Speaker pro tenn.
Bargess L. McElroy was nominated
for reelection as chief clerk of the
House over H. V. Speelman, on the first
ballot by vote of 43 to %. The Fora
ker representatives made their last hard
stand for Speelman.
While no concessions were made in the
House, the Senate nominations include
only one pronounced Hanna man-Rich-
ard Lynch, for enrolling clerk.
The result of the Republican nomna-
tions made tonight affects more than the
Legislature, which will convene next
Monday. The prestige of the Ohio Sena-
ators at present with the national admin
istration and in future national and State
campaigns, the reapportionment of the
Congressional districts. so as to affect
those who are now in Congress and also
those wanting to go to Congress, the
next gubernatorial and other nominations
for State offices as well as the re-elec-
ton of Senator Hanna two years hence,
have been openly and freely discussed as
the contest was waged the past week.
The Democratic Senate caucus tonight
nominated Senator w. E. Roudbush for
President pro TEN. and others for minor
places The Democratic House caucus
committee nominated G.. L. Brumbaugh
for Speaker. Later a joint Democratic
caucus was held, at which Hon. Charles
w Baker, of Cincinnati, was nominated
for United States Senator by a small
majority.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-01-07
-FOUR MEN WERE KILLED.
A Wrong Signal Caused the Wreck Near
Nineveh Tower.
(By the Associated Press J

Johnstown, Pa, Jan 4.-Because Of a
wrong signal at Nineveh Tower last night
fast eastbound Pennsylvania railroad
mail and express train ran into slow
freight engine ahead. five miles west OF
this city and few minutes later west
bound freight crashed into the wreck,
causing the death of four persons and
the serious injury of at least five others.
The dead are:
JAMES G. BLACK, engineer of No. s,
found dead in his cab; perhaps drowned.
FIREMAN WILLIAM PAUL, of Pit
cairn, died in hospital from injuries.
ROBERT S. NOLAN, of Pitcairn, first
brakeman on No. 1913.
ENGINEER JAMES WINTERS, of Pitts
burg, in charge of No. IA.
The injured, it is thought, will all re-
cover The wreck occurred on sharp
curve and the passenger engineer could
not stop after coming in Sight of the
freight ahead, while the westbound
freight ran into it before a flagman
could be sent forward.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-01-07
THE REVOLT IN VENEZUELA.
The Iibertador Anchors at Kachurucuto
Bier Fails to Land
BY the Associated Press.)


Willemstad Island of Curacao, Jan. A.
(Via Haytien cable THE armed revolu-
tionary steamer Libertador, formerly
the British steamer Ban RICH, has, it is
believed here, landed the EXPEDITION near
Barcelona, Venezuela.
Advices received here from Caracas
show that the Venezuelan Government is
without news of the movements of the
Libertador.
\ The vessels composing the Venezuelan
feet are without coal, and besides their
engines are out of order. and therefore,
President Castro's ships could not put to
sea and search for the Libertador
About 1,500 partisans of General Riera,
Venezuelan revolutionary leader, are
awaiting his arrival, near Coro, Venezue-
la. When Riera arrives it is intended
to set the country in blaze of revolt.
Six other bands of insurgents, raised by
General Fernandez MENDOZA and others
are under arms, but they are avoiding
coming into conflict with the Govern
ment troops until they receive reinforce
ments and arms and ammunition.
The fact that the Governments effort
to capture these bands have been with
out success is looked upon by the revolu-
tionists as proof of the vitality of the
revolutionary movement
The Venezuelan Government, according
to the adyices from Caracas, is without
money and is vainly trying to buy war
supplies in New York.
1t Is further asserted that the employees
of the Government of Venezuela have
been without pay for the past six months,
and that they are only awaiting ia
vorable opportunity to take part in the
revolt against President Castro
Later in the day it was reported here
that the Libertador anchored last even
ing at Machurucuto, small port stu
ated between Rio Chico and Uchire, and
that three Venezuelan war vessels had
received orders to start Immediately for
Machurucuto and endeavor to capture
the revolutionary vessel
1t also became known later today that
General Reira left this island Thurs
day, to join the insurgent forces on the
coast near Vela De Coro, and that, doubt
less he was unable to land on Venezuela
soil, for he returned unexpectedly to
Curacao this morning
The French cruiser D'Estrees has ar
rived here.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-01-07
Receiver for Crude Rubber Company
(By the Associated Press

New York, Jan. 4--Official announce
ment was made this afternoon at the Of
flee of the Crude Rubber Company that
a receiver had been appointed for the
company William w. Ladd is the APP
pointee. The announcement was accom-
panied by the followin statement:
"The Crude Rubber Company is in the
hands of a receiver in order to avoid OBJ
tanning references by attachment or other
wise. and in order that all interests may
be equally protected. The international
Crude Rubber Company succeeds to the
business of the Crude Rubber Company
and has taken over the rubber OF the
Crude Rubber Company for the purpose
of avoiding any conflict in selling. This
secures to the bankers who have advanced
on rubber of the old crude company the
highest price for the rubber on which
they have loaned and preserves the larg
est equity for the creditors of the Crude
Rubber Company.