davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-05
Much Care In Appointments.
GADSDEN.
Man Fatally Crushed In Accident at
Furnace.

Gadsden. March 4-(Special)-A dread
full accident occurred at the Alabama
Consolidated Coal and Iron company's
furnace late yesterday afternoon, and as
a result Elisah Thrasher may lose his
life. The masons were lining one of the
large S0-foot stoves at the furnace and
were at work on the top, when a brick
weighing about twenty-five pounds fell
and struck Thrasher on the head crush
ing his skull, breaking his collar bone
and badly crushing his body. The bricks
were carried to the top of the stove in
a tub. The men who loaded the tub had
been warned about overlooking, Trasher
was one of the men who loaded the tub,
and his not paying attention may cost
him his life.
Monday morning the grand jury of the
City court of Gadsden was empanelled,
and Judge Disque took occasion to de-
liver charge that win be approved of
by every citizen that has the interest of
the city and county at heart. He Impress
ed the fact on the minds of the jurymen
that they were part of the court and
That the law exacted high character
of them. He hoped to build up in the
community a wholesome respect for the
courts, and the members of the grand
jury must measure up to the full require
ments of the law. He said, frequently the
members of juries come to town ana
make their headquarters In the saloons.
thls was a harmful example, especially
TO the youths and he advised the Jury
TO stay away from the barrooms
Judge Disque reminded the iurymen that
they had sworn to discharge their duty
without fear, favor or affection. The evil of
the day. he said. was favoritism. Jury
after jury, he said, would acuuit people
when the evidence shows beyond a doubt
that they were guilty, and that there was
no cause except favoritism. This Jury.
he wanted to show, is not afraid to indict
popular and influential men, and he asked
the jury to have one straight path and
let nothing deter it from the path
The judge touched on the various crimes
In which the jury has discretion, and has
not He spoke OF concealed pistols and
said an indictment should be found in
every case made out. He stated that the
books and acts and bonds of the Of
ficials should be rigidly examined. He
wanted the last election inquired into to
see II 1t was fair. lie asked that the con-
victs' department and the poor house be
examined and that the conditions of
affairs at the Jail be investigated One
special charge was to inquire why II was
that every grand jury made report as
to the sanitary conditions of the court
house, and recommended improvements,
and yet no attention was paid to them,
The charge was a good one, and IL the
grand jury would do its duty fewer in
dictments would occur each year.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-05
PRATT CITY.
Fire Department Officers Elected
Other News of Interest.

Pratt City, March Especial. "A
fire department election was conducted
at the city hall last evening by DR..
r. F. Lovelady and Dr. j. B. Stage,
who compose the fire committee from
the board of mayor and aldermen. The
following officers were elected Chief,
David j. Richards; president, Harry
Gammill; vice president, Robert
Brown; treasurer, George Nesbitt A
large per cent of the firemen were
present. An invitation was extended
to the fire companies by Drs. Lovelady
and Stagg to a smoker to be given at
the city hall on the evening of the
18th.
A. G. Banscher, representing the
Banscher Carnival company, was in
the city today consulting with the fire
department relative to conducting a
street carnival for the benefit of the
fire companies.
A full force of men has been unable
to work at shop No for some time on
account of water. About thirty men and
a number of cars and mules will be
transferred from that mine on tomor-
row to No. and provision will be
made for the other idle men as soon
as possible. The foundations are be-
ing laid for a new hosting engine at
No. 5.
John Meagher will leave on March %
for Duquoin, ILL.,, where he has &C.
cepted position with William Grant,
formerly of this city.
Miss Lille Spence, who has been
the guest of Mrs. Job Going for sew
eral days, left today for Trussyille,
where she will visit friends.
Dr. T. T. Thaxton and Bradley Cole
left this afternoon for Tuscaloosa,
where the latter will be married on
tomorrow to Miss Annie Donahoo.
Miss Jesse Hixon, who has been i'll
for some time at the home of her par
ents, Mr. and Mrs. George Hixon, on
East Highlands, is in very precarious
condition.
Mr.. and Mrs. Hugh O'Brien have re-
turned from their wedding tour to
Ohio, where they visited relatives of
Mr.. O'Brien.
Dr. e. H. Downs of Huckabee, Ala,
is prospecting in the city with view
to locating.
The tracks have all been removed
from No. mine, and that mine has
ceased to exist.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-05
STATE APPOINTMENTS.
Governor JeIks Makes Number Of
Applicants Happy.

Montgomery, March 4.-(Special.) THE
governor today made the following ap-
pointments:
Jefferson-James r. Taylor, Justice OF
the peace in Beat Is; Robert A. Nc
Bride, notary public and justice Of the
peace in Beat s; F. j. Muller notary
public and justice of the peace in seat
%; Augusta f. Whitaker constable in
Beat 8; II. s. Meade, notary public at
Ensley; w. r. Berry j. d. Scruggs and
J. Fl. Mimic, notary pubcs at Birmins-
ham.
Monroe-W. M. Mckenzie, notary pub
lie and justice of the peace in Beat 70;
l.. d. Torbeville. justice of the peace
in Beat Z.
Macon-W. j. Truell notary public and
justice of the peace in Beat a.
Mobile-Henry Bright, notary public
and justice of the peace in Beat IS.
Butler--A. e. Gamble, notary public at
Greenville.
GeneVa-J w. Draughan, notary pub
lie and justice Of the peace in Beat I;
c. @. Borland. notary public at Geneva.
Coffee-W. S. Edwards, notary public
at Enterprise.
Lauderdale-J. r. Reeder, notary pup
lie and justice Of the peace In Beat l6.
Talldega--I. ]. Campbell constable in
Beat 10; Ebert Thompson, constable In
Beat 0; 7. I. Stewart. constable in Beat
49,
Macon-R. N. Hays, constable at
Notosulga.
Pickens-L. f. Rodgers, constable in
Beat 49,
Perry-Don Nichol constable in Beat
IA.
Madison-Bert c. We'll notary public
al Huntsville
Clarke-C w. Terry. notary public and
justice of the peace in Beat q.
Conecuh--H. X. Belts, notary public
and justice of the peace in Beat 8;
f. T. Sampey. notary public and justice
of the peace in Beat 8; Thomas II. Cocker.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-05
TUSCALOOSA.
Tom stouch, University Baseball
Coach, Arrives Ready for Work.

Tuscaloosa. March 4-(Special) = Tom
Stouch, the university baseball coach, has
arrived in the city ard the varsity boys
are hard at work, and from the present
outlook the team will be the best that
the university has boosted Of for several
years. The business manager of the
team has been very active and great
many dates are already filled, some with
the most prominent college teams in the
south. Several of the games will be
played on the university campus while
others will be played in Georgia, Missis-
s'ppi, Louisiana and Tennessee.
Philip Brady, bugler on the battleship
Massachusetts, has arrived in the city
for a short visit to his parents, Mr.. and
Mrs John G. Brady. Mr. Brady was an
eyewitness to the terrible explosion
which occurred on the Massachusetts
several weeks ago, and gives very inter-
esting accounts of it.
Charles L. Smallwood has sold his lot
on the corner of Broad street and Tween
ty-first avenue to DIR. Aston Fits. The
Residence is at present occupied by Mrs.
Charles Yunker.
The friends of Capt. ]. A. Bozeman
will be glad to learn that he is recover
ing from his recent spell of illness.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-05
NEW DECATUR.
Unknown Persons Enter Saloon and
Rob Cash Register.

New Decatur, March 4.-(Special.)-La
night unknown parties entered the saloon
of Mahlic & Tarpie on Second avenue
and robbed the cash register of about sl5
In small change. They gained entrance
to the saloon by pricing open a rear win
dow. The peculiar part of the story is
that the robbers left about So in change
in the register and some counterfeit
money which Tarpie was keeping as a
relic There is no clue to the robbers.
At the regular meeting of the city
council last night the question of an cleo
trio street car franchise came up before
the board again. A letter was read from
j. T. Grass of Chattanooga, In which he
said he would have accepted the fran
chise granted him by the city some time
ago had some of the restrictions been
eliminated. Mr.. Grass withdrew his re-
quest for a franchise, and said that he
would have built the road under a more
liberal franchise. w. r. Hall and assoc
ciates asked for an electric car franchise.
Their franchise was read and the matter
referred to the street committee, with in
structions to report to a special meeting
called for March 0. Mayor Thomas Tur-
ner stated that three other companies
were asking for car franchises, and that
he thought the board should grant the
best one. At the regular meeting of The
Decatur city council last night like
franchise was asked for, and that body
also referred the franchise to their street
committee. The present mule car line
company Is associated with Mr. Hail. and
the chances are that this new company
will be granted franchises by both Deca-
turs and that the construction work will
commence at an early date.
Mr.. Couch, an aged citizen, died here
of pneumonia Monday, ana the remains
were inferred in the city cemetery yes
fnr
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-05
MUST ELECT A MAJOR.
Sharp Contest for Successor to Major
Beck of Camden.

Montgomery, March 4.-(SpeciaL)-
commissioned officers of the four COM
ranies comprising the cavalry squadron
of the Alabama National guard are deep
ly interested In the contest for major to
succeed Maj J. r. Beck of Camden
Major Beck's commission does not ex-
plre until June, but a three cornered race
for the honor has been on for neveral
weeks The contestants are Capt. A. G.
Forbes. ddjutant of the cavalry squad
ron; Capt. V. b. Atkins of Selma, cap
tain of tie Dallas Light Dragons, and
Capt. j. B. Morson, formerly the COM
handing officer of the Birmingham troop
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-05
Opinions Rendered
By Supreme Court

Sabel & Sons vs.. Savannah Rail and
Equipment company. Bill for accounting
by partner. Appeal from the City court
OF Montgomery in equity.
l. Partnership; How created.-To con-
stitute a partnership there must be a
valid agreement to enter into the mart
nership and this contract must be exc
cuted.
2 Same; Contract.-Unless something is
done, or unless the agreement from its
nature operates in present.. the contract
is executory. and either party may de-
cline to carry it out as a partnership
agreement, though liable for specific per-
formance or for damages at law in prop
er cases.
3. Partnership; When Not Created Two
parties agreed that whichever of them
should have the opportunity to do so
would purchase certain property upon the
best terms possible, the property, when
purchased, to be sold on joint account:
and the property was then purchased by
one of the parties on his individual ac-
count, and the other party was notified
thereof and requested to pay half of the
purchase money If he wanted to be a.
half-partner, and this proposition was not
accepted. Held: That a contract of part
nership was not created. Reversed and
rendered. Opinion by Tyson, ].
Harrison VS.. Alexander. Statutory action
of ejectment, Appeal from the Circuit
court of Greene
1. Descent and Distribution; Illegitimate
| Child Cannot Acquire Lands bv Descent
A child born to slaves who cohabited as
man and wife prior to 1863, but who after
tnat year. never so cohabited or recos-
nized each other as husband and wife, is
an Legitimate child, possessing no in
heritable blood and, therefore can take
no estate by descent in the lands owned
By its reputed father
e EJectment: Equitable Title VIII Not
Support Action; Estoppel-The fact that
In the proceedings In the Probate court
In the administration of the estate of a
decedent, his illegtimate child Is made a
party ana Is described as q child of the
intestate and his heir at law does not
by reason of an equitable estoppel con-
fer any legal title upon such illegitimate
child to the lands of the intestate, and
such enid cannot, by reason of such sup
posed equitable estoppel maintain stat
lands or said estate; since an equitable
title VIII not support a statutory real ac-
ton for the recovery of the land. Af-
hrmed. Opinion by Tyson, j.
Pitcher VS.. Faircloth Action of Trover.
Appeal from the Circuit Court of Hen
ry.
l. forfeiture of Property Used in the
Removal of Liquor to Defraud Govern
ment; Effect Thereof as to Transfer of
Title to Property.-Under the provisions
of section 1850 of the revised statutes of
the United States declaring among other
Things that animals used for the removal
OF whisky or spirits with the intent to
defraud the government shall be forfeit
ed to the government. the forfeiture so
provided for takes effect Immediately
upon the commission of the act vesting
the right to the property in the United
States, although the title of the general
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-05
CONTRACT WITH CARTER.
Governor Enters Into Agreement for
Recovery of Money.

Montgomery, March 4-(Special. 1.-THE
governor today signed contract with
Benjamin C. Carter, formerly of Birming-
ham, now of Washington, under which
Mr.. Carter is to proceed and recover for
the state certain moneys due from the
government to the state for expenses in
organizing regiments for the Spanish war.
The amount covers the pay of the troops
from their arrival ait the place of rendez-
vous and their formal enlistment The
government has already paid the individ-
ual soldiers, but this is due to the states
under an act of congress. The sum is es-
timated at between $4,000 and 100000 Mr..
Carter is to have 20 per cent of the
amount recovered, and is to bear all ex-
penses OF the collection, including litiga-
ton If necessary
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-05
!5;?:3.yi: : .'!.sVSTTSs:.sS--=-

relief l purchased bottle of Peruna,
having no confidence in il Whatever at the
time. This was about one year ago and
| began to improve ard was able to at
tend to my business without being con-
stantly hampered by every kind of pain
known to a human being. My hearing,
which was almost entirely gone in one
ear got very mitch better
This winter when every one was suf-
fering from la grippe | stood like a stone
wall absolutely proof against 1t.
81 am not a believer In patent medl.
cines,' having found the majority OF
them fakes, but | do not hesitate to
recommend Peruna as the best medi.
cine for catarrh the world has ever
seen. keep a bottle of it at home
constantly and shall continue to do so
because | believe 1t to be the best rem.
edy on earth. | never leave home that
don't put a bottle of it in my grip
A. T. Wood.
II. Alexander, No. 1 Mountain street,
Montreal, Canada, writes
After having suffered for several years
with catarrh of the head and in vain
tried various kinds of patent medicines
catarrh snuff balm. etc, etc, friend
advised me to try Peruna and use IL ac-
cording to directions. After taking half
of the bottle my sufferings were as bad
as ever, and l nearly gave up In despair,
declaring to members of my family that
Peruna was Just as useless as all other
Kinds of medicine that had used before
Nevertheless, ! went on taking the medi-
cine and today, exactly two months after
commencing to take Peruna. | have al
most forgotten all about catarrh NV
head Is clear the bad attacks gradually
disappeared and l am now able to attend
to my work properly. III. Alexander
Congressman Geo. w. Mcbride writes:
The excellence of Peruna for catarrh
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-05
CITY GETS ESTATE
OF FALLEN WOMAN
SHE WILLED HER PROPERTY TO
HUNTSVILLE TO BE USED FOR
CHARITABLE PURPOSES AND
HEIRS CONTESTED, BUT LOST.

Huntsville, March ESPECIAL 1.-The
city of Huntsville has come into pos
session of the property of the late Miss
Mollie Teal through a decision of the
Supreme court. Miss Teal, who was a
woman of the town, willed her property
to the city at her death and her heirs
sought to set aside the WILL Their claims
were not allowed by the courts and now
the city is in full possession.
The property, among which a fine resi-
residence is a valuable part of the estate,
will be sold and the money applied to
charitable purpose, as specified in the
will
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-05
ENSLEY
John Anawin Appointed on State
Board of Embalmers.

Ensley, March Especial John
Angwin, one of the well-known and
popular young business men OF Ensley,
has just received official notice of his
appointment by Governor Jelks as q
member or the state board of en-
balmers. This is high honor. and
Ensley is proud of the recognition Of
Mr.. Angwin. Mr.. Angwin is a men,
Der of the firm of Echols & Angwin,
and has been located In Ensley since
the beginning of the town, where.
by having all the embalming work of
the several large corporations AID
large private clientele, he has gained
experience that has put him foremost
In the profession.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-05
TEACHERS APPROVED.
State Board of Examiners Passes on a
Number of Examinations.

Montgomery, March 4. = (Special)-The
state board of examiners has examined
the papers and granted licenses to teach
to the following in the counties named:
Baldwin County-Essie Godfrey. Lot
tie Hayes. Margaret Emmons.
Rlount County,. M. Yielding, Anna
p Greene, S. p. Trammel, II. c. Nix, g.
M. Bellinger, James w. b. Pannell, May
Cobb. w. T. Reese, Ennise Arnold, W.
J. Nash, w. f. Davidson.
Bullock Countrywide Hough, Mary f.
Perry, Mary Alice Parham, ]. L. Todd
Clay County-H. L. Black. Lorenzo
Leftwick. w. A. Patterson. George l..
Street, NJ. A. Vickers.
Dale County-M b. Lavendar.
Dallas County-Minnie Chambers.
Lowpdes County-Lila d. Whitman, T
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-05

and colds has been so satisfactorily es-
tablished by many Of my aeauaintances
who have been relieved by its use that 1
unhesitatingly endorse its curative quail
ties."-Geo. w. Mcbride.
Chronic eatarrh often makes its APP
proach IN disguise. Before a person
knows it he may become n victim of
chronic catarrh. It's onset may be grad
ual. its development insidious, and at last
the victim finds himself in the clutches
of a tenacious disease. A slight cold. a
tendency to snecze, Il puffiness In the nose
and head. fulness or cracking in the
ears stringy mucous in the throat, slight
cough or wheeziness, snoring during
sleep; any one of these symptoms should
be regarded as a warning.
What can be cured in the beginning In a
week or two by using Peruna, II allowed
to become chronic may require months of
faithful treatment. You had better take
Peruna now, for by and by you may be
obliged to take it for a long time in order
to get well. Peruna is the remedy for ca
tarrh, Almost everybody knows that by
hearsay. and thousands know it by ex-
perienee.
If you do not derive prompt and satis-
factory results from the use of Peruna.
write at once to DIR. Hartman, giving n
full statement of your case. and he will
be pleased to give you his valuable advice
gratis.
Address DIR. Hartman President of The
Hartman Sanitarium, Columbus, o.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-05

dolph.
Montgomery County,. T. billiard.
Perry County-Willie 7. Johnson.
Pike County,. X. Head.
Tallapoosa County-Mary e. Hender-
son, w. P. Stowe, Bonnie Smith, l.. IL.
Mecham.
Tuscaloosa Ccunty-Charlos c. Smith.
Lauderdale Countrywide Burch Flu
gene HOOD, r. N. Burch, L. e. Burch, ID.
Q. Burch Bonnie Gilbert, Stella Myrick,
Alva Richardson, Kornie M Poole. Leon
Coons. Maize A. Wylie. Delmar Nichols.
]. C. Lee, w. X. Ines, Claud Hitchcock,
Emma Gresham, May Joce, Estelle Var
brough. Jessie White, Laura Hunt Mag
gle Crow. A l.. Blakeney, Maude Preint,
Eugene L,autrop.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-05
THoMPsoN's BILL FAILED.
Richardson Attempts to Pass It Over
Presidents Veto.

Washington, March 4. = (special.)-The
President vetoed the Hill granting N r.
Thompson the tight to construct a dam
at Mussel shoals, en- The Tennessee river,
in Alabama, iii order to use the water
power. Representative Richardson made
an effort to have the hill passed over the
veto but failed. He was opposed by Rep
iesehtative Burton, chairman of the
rivers snG harbors committee.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-05
Baron liter Will Leave.

Washington, March 4.-Leave of abb
sence for three months has been
granted by the Berlin foreign office to
Baron liter, second secretary of the
German embassy at Washington. Baron
liter will not return to America, but
will be assigned to new post Baron
Won observation-disclosures has been
selected to succeed Count Quadt as
consul and first secretary of embassy
here
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-05
Other News.

The committee on arrangements for the
Alabama State Sunday School convention
which meets here on April q, has decided
upon the First Methodist church as the
place of meeting. The convention will
remain in session three days and several
hundred delegates are expected. John I.
Jones has been made chairman of the en-
tertainment committee and this commit
tee will provide homes for delegates
Ellen Haywood, a small negro girl, met
fearful death yesterday while playing
before an open fireplace. Her clothing
was ignited and she was so terribly burn
ed that she died in ten minutes.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-05
MORGAN HEADS THE SYNDICATE
Statement Given Out Showing How
L. G. N. Bonds Are to Be Used.

ment showing how some SO, 10000 of tho
authorized s3O0O00 600 of the new Louis
Vile and Nashville per cent collateral
trust bonds are to be used was obtained
today.
Between $12,OOO.OOO and $13.O0OOOO will be
used to refund ether Issues and the bal
ance will be applied toward the compile
ton of certain branch lines that were
contemplated lorg before the purchase OF
Louisville and Nashville stock by the At
lantic Coast Line j. p. Morgan & Co.
Will probably head the syndicate that
will underwrite the bonds
All kinds of cuts. Age-Herald n
craving Department,
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-05

notary public and justice of the peace
In Beat /.
Dallas-Miss Nell Pegues. notary pub
lie at Selma.
Colbert-W. S. White, notary public at
Sheffield; Henderson Gipson constable in
Beat g
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-05
Armstrong Takes the Oath.

Washington, March 4.-Robert B ARM
strong. who has been private secretary to
Secretary Shaw during the last year. to-
day took the oath of office as assistant
secretary of the treasury to succeed Gen.
o. l.. Spaulding.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-05
Fire at Richmond.

Richmond, Va, Mara 4-Fire of I'M
known origin this morning destroyed
the four-story warehouse and factory
at Farmville, belonging to M. Aben-
helm & Co. Of New York The loss is
100000.