davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1903-05-26
KNucKoLs V. THE STATE.

KNUCKOLS V. THE STATE. Indictment for obstructing public road
 Appeal from the Circuit Court of
 Marshal.
 l. Obstructing public road; sufficiency of indictment.-An indictment charging an offense for obstructng and injuring a public road, which follows the statute and form of indictment for the offense Code, Sec 5sss; Form 66 p. 333) is good and not subject to demurrer.
 g. Indictment for obstrueting public road; admissibifity of evidence.-On a trial under an indictment for obstructing a public road, where 1t is shown that the road referred to in the indictment was a public road and worked by hands ap- portioned to 1t, 1t is not competent for the defendant, upon the cross examina- ton of the overseer of said road, to ask him if the defendant did not warn him not to cut out the road, that he. the de- fendant had taken an appeal, it not be- ing shown that the defendant was the owner of the land over which the road ran. nor a party to any proceeding look ing to the establishment Of said road
 3. Same: same-In such q case, 1t Is not competent for the defendant to fsk
 said oversser whether or not ne ever
 rendered the defendant any money in pay
 ment of the land over which the road
 ran.
 l. Same; same-In such a case, it is
 not proper for the defendant in the cross examination of a witness who had testi- fled to the establishment of the road. to ask whether defendant had ever been paid for his land; such question assuming that the defendant had owned the land, 1 of which there was no proof, and if he | did own the land. there being better evi- ! danca nf thA fact of nayment 5. Same; same-In such a case. 1t is not competent for the defendant on the cross | examination of a witn.ss who had testi- | fled to the establishment of the road tt | ask him if 1t was not q fact that after | the defendant took an appeal from the commissioners court to the circuit court | the road about which he. with ss, testified had been abandoned and a new road built elsewhere; since, if the road in question had been changed or abandonad in the
 manner inquired about. the records of | the commissioners court was the best | evidence of the fact inquired about 6. Same; same-In such a case. where l from the records of the proceedings in the | commissioners court establishing the road | in question. introduced by the defendant | it nowhere appears that the defendant | was a party to said proceedings or had | anything to do with the establishment of the road. & bond purporting to be for an appeal to the circuit court from an order of the commlssi on ers court estab-
 fishing saio road. prosecuted by another l party with whom 1t is iot shown that the defendant had any connection, is not ad- | misslble In evidence.
 [ Same; same-In such a case, 1t is not permissible upon the cross "xamina- | ton of the defendant as a witness to ask | him on the direct examination, as tc
 whether he took an appeal to .he circuit | court from the order of the commissioner | court establishing said road. l Affirmed.
 Opinion by Haralson. J.
The Montgomery advertiser., 1903-05-26
Head-Notes Qf the Decisions
 of Alabama Supreme Court.

money; and in such case the evidence should be clear. satisfactory and con- vincing.
 ?. Same; same; case at baron a bill filed by the heirs at law of wife to have trust established and enforced in lands which were purchased by a deceased hus- band with money constituting part of the wife's statutory separate estate, and to which lands the husband took title in his own name, the complainant relied exclu- sively on the testimony of witness as to statements made by the husband as to the use of the wife's money by him in the purchase of the lands. These statements were to the effect that when he mar ried he was poor man working for wages and had never been able to save any thing. that after his marriage he pur- chased 100 acres of land which were paid for with money received by him from his wife's fathers estate, and afterwards pur- chased 200 acres more of land, which were paid for by money of his wife re- ceived from her fathers estate. That these 300 acres of land were subsequently exchanged for the lands described in the bill. Opposed to this testimony. was the testimony of several witnesses as to state ments made by the husband to the effect that he purchased the land in question with money which was the poceeds aris- ing from the sale of 160 acres of land owned by him; that he never received any property from his wife, except three head of cattle; that these statements of the husband were made in the presence of the wife and were not disputed. It was further shown that after the land describ- ed in the bill was purchased by the hus- band, the father of the wife visited the husband and wife. There was also in- troduced in evidence a deed conveying to the husband the 160 acres of land, the proceeds of which were used in purchasing the lands in question. Held: That upon such evidence the complainants were not entitled to the rehef sought.
 Reversed and remanded.
 Opinion by Dowdell, J.
The Montgomery advertiser., 1903-05-26
1NGrIs ". FREEMAN.

Bill in equity to enjoin criminal prosecu-
 ton and to quiet title.-Appeal from
 the Chancery Court of Jackson.
 l. Injunction: equity will not restrain criminal prosecution.--A court of equity will not interfere by injunction to re- strain a criminal prosecution.
 2. Bill to quiet title to timber; when not maintained--A bill to determine the claim to real estate and to quiet title. as provided by the statute Code. Sec. sOo) can not be maintained by one who pur- chased the timber from certain specifcal- ly described land, against the owner of said land, who. subsequent to said pur- chase, objected to the complaint enter ing upon said lands and removing said timber and who had instituted criminal prosecution fir trespass after warning.
 Affirmed
 Opinion by Tyson. J.
The Montgomery advertiser., 1903-05-26
RIDDEN Y. THE STATE.

 Indictment for drunkenness-Appeal from
 the City Court of Marshall.
 1. Indictment for public drunkenness: charge of court to jury.-On a trial un- der an indictment which charges the de- fendant with being drunk in a public place and manifesting his drunken con dition by bOisterous conduct and loud or profane discoures, in violation of the stat ute Code, Section 465) a charge which instructs the jury that "Intoxication in the meaning of this statute means being under the influence of alcoholic drinks to such an extent that his mental or physi- cal faculties are interfered with or dis turbed thereby, and if neither was so dis turbed or interfered with by the liquor which defendant had drunk. you should find him not guilty" asserts a correct proposition and should be given at the re- quest of the defendant.
 Reversed and remanded.
 Opinion by Mcclellan, c. J.
The Montgomery advertiser., 1903-05-26
Peter Hill Eluded Guards at Wailece
 in Escambia.

News of the escape of Peter HILL Montgomery County negro convict was received yesterday at the State Convict Department. HiH made his escape from a turpentine camp at Wallace in Eseam- bia County. but none of the details were sent to the Convict Department
 Hill was convicted In the City Court ot Montgomery of assault with Intent to murder last August At his conviction he was sentenced to three years im- prisonment He had served about seven months of his sentence when he made his escape.
The Montgomery advertiser., 1903-05-26
CONSTRUCTION co.
 WAGNON BROS,


 WAGNON BROS. Action of assumpsit.-Appeal from the
 Cicuit Court of Calhoun
 1. Admissibility in evidence of an ac- count book.--Where in an action of as sumpsit for work and labor done, the plaintiff as witness testifies that he made certain entries in an account book of the work done for which the recovery is sought, and that they were correct, the pages of said account book containing such entries are admissible in evidence and are not subject to the objection that it was not made to appear by the witness who made the entries. that he knew them to be correct at the time he made them.
 g. Charges of court to jury; how ruling thereon should be presented on appeal Under the provisions of the statute which require that instructions to the jury, re- quested by either party to a suit. should be in writing. and that the Judge should write given" or refused as the case may be on said charges and sign his name thereto Code, Section 3320 when 1t does not appear from the charges set out in the bill of exceptions that they were giv- en or refused. or that the Judge wrote given or refused upon them and signed his name thereto, the rulings of the court upon said charges will not be authorized on appeal; and this is true, although in another part of the record it is shown that such charges were refused and So marked in the manner required by the statute.
 Affirmed.
 Opinion by Tyson, J.
The Montgomery advertiser., 1903-05-26
EMFINGER ct al V. EMFINGER ct al
 Admrs.

Admrs.
 Bill in equity to declare desulting trust
 in lands.-Appeal from the Chancery
 Court of Pike.
 1. Bill to declare resulting trust in fa- vor of wife in lands purchased by hus- band; burden of proof; sufficiency of evil dence-On a bill filed to establish a re- sulting trust in favor of a wife in lands purchased by her husband with money belonging to and constituting part of the wife's separate estate, the husband having taken the legal title in his own name. the burden of proof rests upon the com plainant to show that the lands were pur- chased by the husband with the wife's
The Montgomery advertiser., 1903-05-26
SHAVE AND CooPERAGE
 co. V. sLOSs-SHEFFIELD STEEL

KENNEDY SHAVE AND COOPENASE
 co. V. sLOss-sHEFFIELD STEEL
 AND IRON co.
 Bill in equity by owner of mineal rights
 to entoin owner of surface from cutting
 timber from said lands.-Appeal from
 the Chancery Court of Jefferson.
 1, Grant of mineral rights and timber; when deed imperative to convey timber A deed which grants bargains, sells and conveys to the grantee "all the coal. iron ore and other minerals, in, under and up- on" certain specically described lands, ''and also all the timber and water upon the lands necessary for the development, working and mining of said coal, iron ore and other minerals. and the preparation of the same for market and the removal of the same" is imperative to convey the timber on said described lands or any part thereof, because of uncertainty in the de- scription of the same, the terms used not importing a conveyance of all the tim- bers on said land. or of all the timber or a certain species thereon. nor all of any certain dimensions, nor of any dennite timber at all, but only such timber. or such part of the timber on said lands. as may at some future time be or neces- sary use to specified ends
 ?. Same; same; effect of such convey ance as to timber.-Such deed is not who'll ly imperative and void in toto in respect of timber on the lands described, but con- situtes a grant of a right to use timbers off the lands for the purposes specified.
 g. Same; same; grant of a profit pren- dre.-Such a grant of a right of user of the timber is a grant of a profit a pren- dre, and when coupled with the convey ance of title to some interest in the lands of the grantor-as in this instance the minerals in, under and upon the same such right is profit prendre to the in- terest conveyed, and is in the nature of an easement appurtenant.
 f. Grant of mineral rights and timber; effect of such conveyance; when grantee cannot enjoin cutting of imber.-A con yeyance of the mineral rights in certain described lands. ''and also all the timber and water upon the lands necessary for the development, working and mining" or said minerals, and the preparation of the same for market and the removal of the same, being. so far as the timber Is con cerned merely the grant of a right to use the timber from said land for the speci- fled purposes, and such right to cut ana use the timber being uncertain both as to the time of it's exercise and as to the amount of the timber to be eventually taken, under such deed. the grantee ean- not exercise the right to take and use the timber on the lands until he comes to reallZe the eState So coHNeyou pS eAAaais out the minerals, and until such time transpires, the grantor in said conveyance or the owner of the surface is entitled to the absolute and unlimited right to use and dispose of the timber on said lands; and until such time, the grantee cannot maintain a bill in equity to enjoin the grantor or those claiming the surface un- der him. from cutting and removing the | timber from said lands.
 Reversed and remanded.
 Opinion by Mcclellan. c. J.
The Montgomery advertiser., 1903-05-26

WANTED-Men to learn barber trade; system asized course of practice and instructions that saves years; established in 1S93 splendid sea son to begin; tools diplomas and positions gwen; write for particulars today. Moler Bar Ter College, New Orleans, La 3-6t
The Montgomery advertiser., 1903-05-26

MONEY to lend at from to 8 per cent.
 lepending on location of property; large or emarl amounts; prompt service Montgomery Abstract Co.,, No. 6 &. Perry St. Q
The Montgomery advertiser., 1903-05-26
FINANCIAL.

DOOR and window screens made to order are much stronger look better, fit better and last about five times long as others do; tele- phone e write us for prices Montgomery Sash and Door Company, phone 493.
The Montgomery advertiser., 1903-05-26

slOO. .000 to lend on Montgomery real estate; le- gal rate; long tme easy terms: no commission. l. N. w Crawford. at office of Fred & Ball.
 First National Bank Building. u-H
The Montgomery advertiser., 1903-05-26

LADIES, Chichester's English Pennyroyal plls are the best: safe reliable; take other:
 and 4c stamps for particulars; Relief for radi a's in letter by return mail; ask your druggist Chichester Chemical Co. ma delphia, Pa p-tu-th-su
The Montgomery advertiser., 1903-05-26
WANTED-SALEsMEN.

SALESMEN WANTED-Two first class spe- oialty statesmen to put their experience against
 $l00, LOO invested in a highly profitable business Yer.
The Montgomery advertiser., 1903-05-26
FOR SALE.

BUY Stag paint; do not pay paint price for oil; covers more than any paint ever sold here. Montgomery Sash, Door and Blind Company,
The Montgomery advertiser., 1903-05-26

FOR SALE-For s. 25o, a nice broom cottage on South Lawrence Street, with porcelain bath,
 sanitary connections; when such a bargain as this is offered this street, you have to hurry if you want to get it. Thomas & Gun
 ter I-ll
The Montgomery advertiser., 1903-05-26
FOR sALE-REAL ESTATE.

MRS DU FEU-white and colored silk waists and skirts and all fine dresses cleaned and dyed Mrs Du Ecu. 227 Martha St. N-6t
The Montgomery advertiser., 1903-05-26

FOR SALE-At a bargain; two beautiful va cant lots on Virginia Avenue, near Mildred Street. a nice home or good investment in either; don't wait until you see some one else building them before investigating. Thomas & Gunter, 22 Commerce St. 2t-1l
The Montgomery advertiser., 1903-05-26
PERSONAL.

---~~--~>--->--> ->------------- STAG paint spreads easier looks best lasts | ngest covers most surface. most economical on earth guaranteed Montgomery Sash, Door ana Blind Company.
The Montgomery advertiser., 1903-05-26

WANTED-A travelling man of experience in the manufacturing stationery line, to travel .. 10t-3
The Montgomery advertiser., 1903-05-26

FOR SALE-For $2. 250. 2-story Groom dwell ling with bath and sanitary connections with in five blocks of Court Square, renting for s270 per year; will you let your money lie as this? Thomas & Gunter. 22 Commerce St. 2t-11
The Montgomery advertiser., 1903-05-26
FOR RENT-sToREs.

-~~~----~~@------>----- @--~>-@-~
 STORE 121 Commerce Street, for rent, ce- mented basement floor, rear entrance. elevator and plenty of light on each floor. Apply to P. T. Andersen su-tu-thu sat -l5
The Montgomery advertiser., 1903-05-26

FOR RENT-Cottage at Mountain Creek,
 known as ''Hardie Cottage partially fur nished. Apply to Bradford Hardie, 2l4 Com- merce St. tu-su
The Montgomery advertiser., 1903-05-26

FOR SALE-Good top buggy for S2o; must be -old today; can be seen at lo5 s. Perry St.
The Montgomery advertiser., 1903-05-26

FOR sALE-smith Premier typewriter. in perfect condition, price reasonable. Apply M
 Strauss at Kohn Distilling O. If
The Montgomery advertiser., 1903-05-26
MONTGOMERY CONVICT EscAPEr

Opinion by Tyson. J.
The Montgomery advertiser., 1903-05-26
WkNTED-BCARD Ok ROOM.

wANTED.Three unfurnished rooms for light housekeeping. Apply K. 2, care Advertiser. WANTED-By young lady. furnished room within or 4 blocks of eGSurt Square; willing pay good price for hrst-cl accommoda- tions. Address J. H.. care Advertiser. ROOM WANTED-well ventilated room with bath, in private family. for Summer Address W, care Advertiser
The Montgomery advertiser., 1903-05-26

WANTED-Salesman and collector. Call at The Columbia O., 2s Dexter Ave
The Montgomery advertiser., 1903-05-26
Four Consolation Trips.

The four persons residing in Alabama of votes received in this contest will be glver round trip railroad tickets to the following fo'
 St. Louis, Mo-, Washington, D. The one standing seventh in the number of first choice. the one ranking eighth in numl choice, and so on to the one ranking tent tiser Free Trips. Suppose you try TOT one'
The Montgomery advertiser., 1903-05-26
WANTED-TO BUY.

wANTED-Second-h hand small iron safe, good
 condition. combintion lock; state inside and outside measurement where be seen, time used Address w. 3. Advertiser. 2t
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-05-11

[FoR ADDITIONAL oABLEsRAMs SEE PAGE
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-05-11
SAY THEY HAVE PAID FOR
PROTECTION IN THE PAST
Their Offer Overheard by Concealed Witnesses
Including an Advertiser Reporter---Ar-
rests Promptly Made.

Six thousand dollars per month as
sshush money was the price which the
agent of four proposed Chinese gam
bling houses of Honolulu offered to
Deputy Attorney-General Emil G.
Peters yesterday afternoon in the At
torney-General's Office in the Capitol
Building, 20 gain his help in nolle
pressing gambling cases in the Circuit
Court.
Fifteen hundred dollars per week
as the offer which Tong Kai made to
the Deputy Acknowledgement out of
which he was to bribe Attorney-Gen-
ersl Lorrin Andrews, and IL necessary,
other members of the Department.
This money was to be the price Of
their silence while the gamblers piled
their profession.
But the briber and his agent, a well
known Hawaiian, sounded the wrong
man. The Deputy was not to be
bribed and Tong Kai is now confined
at the police station with charge OF
attempted bribery lodged against him.
The entire negotiations were con-
Quoted in the Attorney-Generafs ofice
yesterday afternoon shortly after
O'Clock, with Mr.. Peters, Tong kai
and the Hawaiian. who acted also as
the interpreter, supposed TO be the
only ones in the room. On one. side
of the ACKNOWLEDGEMENTS office there
is a large wardrobe. part of the old
royal furniture, a central portion with
two side panels. The back of one OF
these smaller closets had been re-
moved, and in this small compartment,
Attorney-General Andrews and A r
Taylor, a reporter OF the Advertiser,
were concealed. Every word that
passed between Deputy Attorney-Gen-
eral Peters and the briber and his so
between, was clearly heard N the
IiSSle closet, a stenographic record
Icing taken OF the talk
For half an hour the negotiations
were conducted when Mr.. Peters
brought the proceedings to a sudden
close with the words:
Excuse me, I've got to telephone
This was the signal agreed upon
by Mr.. Peters with Attorney-General
Andrews for the latter and the other
witness to step out into the ROOM In
the outer room was w. S. Fleming OF
the Attorney-GeneraPs department, |
ready to enter at the proper moment |
The details leading up to the arrest
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-05-11
WHAT JUDGE IDE WANTS
FOR PHILIPPINE ISLANDS

WASHINGTON d. c.. May 1OJudge Henry G. Ide, member
Philippine Commission has presented report in which he
makes recommendations concerning
Philippines He declares that the ownership Of
the Philippines constitutes
danger country than andordism has in the past
n ireland.
the abolition of the tariff on all exports from
the Philippines to the United States.
recommends fostering of the industry in the
islands this be successfully
limitation the requirement OF land
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-05-11

had been carefully planned by the two
officials, and the offer of the bribe was
to, be made definitely and several
times over, before the climax was to
come
In the small compartment the two
witnesses were compelled to stay for
more than half en- hour, not daring to
move lest their presence become
known and the entire proposition fall
through. When Mr.. Peters gave the
signal, the Attorney-General threw
open the door and rushed to the center
of the room.
THE ARRESTS MADE.
81 place you under arrest! !" ex-
claimed Peters, and at that instant the
Chinaman rose hastily to his feet, his
hands reaching to his pockets. Mr..
Peters at once drew a revolver and
levelling it at Tung Kai, told him to
sit down. or throw up his hands. The
interpreter said never a word. From
his seat he was looking into mirror
which reflected the wardrobe. When
the Attorney General emerged from
his place of concealment, making con-
siderable noise as he did so, followed
by the reporter, he did not have to
turn around to see who was in the
room. His eyes saw everything in the
mirror and he remained quiet. The
Chinaman sat down, and then burst
into hysterical mutterings, appealing
to his agent for an explanation. He
rolled from side to side. tears spring
ing up in his eyes, but the Deputy At
torney-General sharply ordered him to
keep still.
Attorney-General Andrews at once
notified the Chinaman that he was
under arrest for attempted bribery,
which the agent interpreted. Mr.. An
drews then telephoned to the police
station for the patrol wagon and ac-
companied the prisoner to the station
where he lodged the charge against
him, bail being fixed at $500 cash.
Last week an agent sounded Mr..
Peters as to accepting money to "pro-
tect" various gambling huis which
were to open paka pio games. His part
was to look after any gambling cases
in which the huis would be interested, |
should they reach the Circuit Court
The agent made the tempting offer of
s., 900 per week. Mr.. Peters seeming
ly fell in with the offer, and invited I
the agent to meet him at 1: 80 o'clock
Saturday afternoon in his office in the
CAPITOL. Mr.. Peters Immediately in