davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1903-01-23

Woods vs. Rose & Co.,, ct al.-Actlon or
 Trover-Appeal from the Circuit Court
 of Fayette
 l. Trover; what necessary to constitute conversion.-Th wrongful assumption or dominion over property of another m subversion and denial of his rights con stitutes a conversion of such property irrespective of whether there was de- mand made for the surrender and re- fusal to surrender said property.
 9 Same; same; case at bar.-Where cotton, upon which there was a mortgage is sold by the mortgagor to third per- son, who pays the mortgagor the pur- chase price thereof such sale implies delivery of the cotton to the purchaser and such purchase, payment for and talk ing possession of the cotton by the pnr- chaser imports the assumption or domln- ion over it by the purchaser in his own right and subversion of the rights Of the rnortgagee, and is sufficient proof of con- version to authorize an action of trover. 3. Mortgage or crop; sufficient descrip- tion thereof-A mortgage of "all my crops of corn, cotton, etc." is not void
  descriptive words may be made definite and certain by parol evidence showing that the parties had reference to the crop to be raised by the mortgagor on a plan tation he was then cultivating in the county where the mortgage was made.
 4. Registration as constructive notice; liability of purchaser to mortgagee.-A mortgage of crops not yet planted, If duly recorded in the county in which the lands upon which the crops is to be rais- ed are situated, is constructive notice to the purchaser of part of said crops after they have been gathered; and such pur- chaser Is liable to the mortgagee in trover for the wrongful conversion of a portion of the crops purchased by him.
 5. Action of trover; where general af- firmative charge properly given.-In an action of trover, where the plaintiff claims under a mortgage and the defendant pleads payment of said mortgage debt, and the evidence on the issue of payment was conflicting, 1t is error for the court to give the general affirmative charge requested by the defendant.
 Reversed and remanded. Opinion by Me- Clellan, c. J.
 Steele vs. May, Buttrey and Cooney-Ac- ton to recover Damages for Injuries done to Stock of Goods by Water--Ap- peal from the Circuit Court of Madison
 l. Evidence; when error in admission of of irrelevant and incompetent evidence Is
The Birmingham age-herald., 1903-01-23

High grade Irish Linen, beautlful drawn work all over, Grawn work in collars and cuffs, 6.50.
 Another novelty of the coming season in the Scotch Plaid Madras Waist, in all the different color combinations. They are made with detachable collars. Plaited front and tucked cuffs, 2.4s.
 Madras Waists are also shown in all white. There are some in damask effect, at 2.e8.
 Others in all white striped and figured Madras, with lace-trimmed collars and ties, at 3.98 and 4.ee.
The Birmingham age-herald., 1903-01-23
Fifty Ladies Tailor Made Suits, Worth
 12.5O to l6. SO, at 6.95.

We place on safe fifty handsome, well tailored suits in black, blue, gray and brown About one-thrd of them dress suits and the rest walking suits. Some unlined but of the jackets are lined with very ex- celent quality of taffeta.
 These suits have sold at 1250 to o5O-they will go at the low price of 695.
The Birmingham age-herald., 1903-01-23
:;; $ :;; $! ; ;; LOVEMAN ;'; ; E! ;;:; s;; ::
 JOSEPH & LOEB.
Advance Showing of Wash Waists.

We have just received the first instalment of 1903 Wash Waists At the beginning of the season you never expect less than regular prices, but we much ahead of time that this cannot be counted the beginning of sea- sont is too early for that is really the dull season of So therefore in order push these new spring waists have marked them for less than they would have been if it were an opening week.
 We want you to see these wasts-they are not ord- nary waistMso many new novelties. so many new ideas in hem that they well worth coming to .1.L- co
The Birmingham age-herald., 1903-01-23

sues for mental anguish and suffering, the assessing of plaintiffs damages at two hundred and twenty-five dollars is not excessive.
 Affirmed Opinion by Dowdell, J.
The Birmingham age-herald., 1903-01-23

Patterson vs. Neal-Action to recover
 Damages for Death of Minor Son-Ap-
 peal from the City Court of Birming-
 ham.
 l. Action for death of minor son. when wrongful employment not shown.--In an action brought by a father to recover damages for the death of his minor scn boy 16 years old, where the complaint does not charge that the death was caus- ed by any negligence on the part of the defendant or his employers, but ayers the wrongful employment of the plaintiff's minor son by the defendant 1t was shown that the deceased was killed by falling rock, while engaged in mining coal in the mine operated by the defendant, that he had been employed by the defendant with the knowledge and consent of the plaintiff, as a driver in the mine and three days before the accident exchanged places with his brother, who was en- ployed as coal digger. and while so working in the place of his brother the accident occurred resulting in his death One c. was the general superintendent of the defendants mining business and WAS alone given authority by the defendant to employ coal diggers in the mine. W. was mine boss, but had no authority to employ coal diggers, but when c. en- ployed coal diggers, w. assigned them to their places of labor in the mine. Neither the defendap. nor c. employed the de- ceased to dig coal in the mine, nor was there any express employment of him by W. There was evidence on the part of the plaintiff tending to show that on
The Birmingham age-herald., 1903-01-23
The Old Patterns in Foulards.

And few smaller ones bordering the present idea but held over omlast year, will be sold out at half and less than half, as follows
 15O qualities at 75c
 L25 qualities at 69c
 LOO qualities at soc
 75c qualities at 39c An excellent shirt waist sut for house dresses some really good designs, but you saw them last year our counter therefore the reduction.
The Birmingham age-herald., 1903-01-23

the day of the exchange between the deceased and his brother, w. was inform ed of such exchange ard made no objec- ton, and knew that deceased was dig giIg coal from that time until the acci- dent. This was not known to the defend- ant or his superintendent c. Held: CD There was no implied contract of em- ployment of the deceased by w., nor was there any implied authority in w. to em- ploy deceased, or of his assent to his change of places with his brother @ that 1t was not shown that w. was cloth ed with apparent authority to contract for the defendant with persons to dig coal in said mire, and. therefore. it was not shown that there was any wrongful employment of the plaintiffs minor son by the defendant so as to make defend ant liable.
 Reversed and remanded. Opinion by Dowdeil, J,
 Samuel vs Nashville Chattanooga and
 St. Louis Railway-Garnishment Suit
 Appeal from the Circuit Court Of Mar
 shall
 1. Appeal; record must affirmatively show that bill of exceptions was signed within the time required by law.-Before bill of exceptions can be considered as a part of a transcript in a case on ap- peal, the record must affirmatiyely show that said bill of exceptions was signed in term time or within the time fixed by the court or by the agreement of counsel, as required by the statute; and when the record falls to show either of these facts the bill of exceptions will be stricken from the transcript upcn motion properly made, and will not be considered on ap- peal.
 Affirmed. Opinion by Haralson, J. Western Union Telegraph Company vs.
 Crocker-Action against Telegraph Com
 pany for Negligent failure to deliver
 essage-Appeal from the City Court of
 Birmingham
 l. Pleading and practice; how motion to strike should be shown on appeal.-In rr- der for the rulings of a trial court upon motions to strike certain portions of ;he complaint. to be considered on appeal, such rulings should be presented by bill of exceptions.
 g. Action against telegraph company; when damages for mental suffering recov- erable.-When the father of a sick child sends a telegram summoning his mother in-,aw to the childs bedside. and on ac- count of the negligence of the telegraph company the sendee. who was the child's grandmother does not receive the tele- gram in time to reach the child before his death, the father of the child can re- cover of the telegraph company damages for mental anguish and suffering; the re- lationship existing between the sender and the person concerning whom the message Is sent, being of that close de- gree from which natural love and af- lection are presumed.
 g. Same; same; charges of court to jury. In an action, against a telegraph com pany, for the negligent failure to deliver a message sent by the father of a sick child, summoning his mother-in-law to the child's bedside which message the sendee, the grandmother of the child, did not receive until too late to reach the child before he died. where the father
The Birmingham age-herald., 1903-01-23

A beautiful white Damask Waist, sleeves full gathered, with lace trimmed collar and tie, at 5.98.
 The slot seam effect is shown in our white figured Madras Waist, with detachable lace collar, sold at 6.50.
 Lawn and Madras Waists at 1.98, z.50 and 500.
 White Linen Waists-You will find some of the finest White Linen, tucked in front and back, at $50.
 Extra fine German Linen, the front, collars and cuffs of finest Swiss and Embroidery 4.9e.
The Birmingham age-herald., 1903-01-23
;;';; $ E! s; ;; LOVEMA, ;' ; $. s'
 JOSEPH X LOEB.
Advance Showing of New Importations
 of Laces and EmbrOideries.

This spring seasons line without doubt suspasses any, thing have ever shown, tho we always have complete assortment of styles, patterns and widths.
 Exclusive novelties some of original ideas gotten up by manufacturer in Switzerland-that will give you new ideas for making dresses We show them from the dainty Swiss and nansook edgng and headings up to the most elaborate ouncings in white silk linens in all the lead ing coos new assortment of patterns at per yard, &c., 0c, 15c and 25c.
 The line of French Vaenciennes Laces and Mechins are complete-neW patterns-neW everything with insertion to match and in many cases with alI-overs.
 It is predicted that there will be the biggest sort of de- mand for Laces and Embroidedes this season
The Birmingham age-herald., 1903-01-23
An Advance Showing of Spring Black
 Dress Goods.

The new weaves are here shown just few as a fore runner of what will be here. The Boucled Mystra Notted Chevio Brilliant Voie London Twist Crepe Voi in alI-Wool and Silk-and-Wool. 40inch small Vole, 65c. 44inch Vole, 75c.
  Vole,
  smalw 75c, fo md
Waterbury evening Democrat., 1903-04-27
THIS PAROT GAN THINK.
Remarkable Reasoning Power Devel.
 oped in a Bird.

ODcu Ill u
 M. Pierre Hachet SoupIet, writing in La Presse on the intelligence of birds and animals, relates a remark able accomplishment on the part of parrot. He admits that the bird was an exceptionally clever specimen, and he considers it's achievement in dicates the high watermarks of psychical possibilities as far as par rots are concerned.
 He had taught Polly to use the words ''cupboard," and ladder" and as he climbed the latter he had suc- ceeded in inducing the bird to articu- late the word "climb." Every day when the bird was brought into the laboratory small cupboard was opened and Polly helped herself to hemp seed. One day, however, in- stead of the cupboard being placed where she could reach it, it was hauled up near the ceiling, and the ladder was placed among several other articles in the. corner of the room.
 The question to be decided was whether the bird, seeing that the cup board was out of M. Hachet Soup let's reach, would have sufficient intelligence to use words it knew in their proper sequence. The first days experiment was a failure. The parrot screeched "Cupboard," "Cup- board" beating its wings and biting the bars of it's cage in anger, out it got no farther. That day the bird received millet, which it did not care for; the hemp seed, which it was very fond of, being locked up in the cupboard.
 Next day Polly was in a greater temper than ever. and after a des- perate effort to break through the bars of her cage she finally caught sight of the cupboard near. the ceil- ing. Instantly came the words Clad der-climb-cupboard," and Polly having learned her lesson the cup board was brought down and she was rewarded with some hemp seed. M. Hachet Souplet looked upon this l incident as proof of the association of ideas in the birds mind, as no one had ever taught the parrot the | phrase she created.
Waterbury evening Democrat., 1903-04-27
ELEVEN WORKMEN' KILLED.
Stock Train Crashed Into 8
 Work Train.

Twenty Five Were Injured, Four
 Probably Fatally - The Debris
 Caught Fire and the Scene Looked
 Like Battlefield, With Dead and
 Dying Lying All About.
 Kansas City, Mo, April 27.-A spe- cial dispatch from Buffalo, Kansas, says:
 A north bound Missouri Pacific stock train crashed into the rear end of a work train just north of this killed and 25 injured. Ten of the lat ter are seriously and four probably fatally hurt. They were Greeks and Italians, excepting one, Peter Fry, an American, who has lived here several years and was a boss on the Work train. The cause of the wreck Is given as misreading of orders
 The work train consisted of fiat cHrS and a caboose. all filled with lnborers The men on the fiat cars escaped by jumping, but hardly a man in the Ca boose escaped. The work train was backing into town for the night ano running at good speed. The heavy freight engine did not leave the track but plowed through the work train leaving little of it except car wheels and kindIing wood.
 Doctors of Buffalo. assisted by townspeople, did heroic work among the injured until the wrecking trair with surgeons of Needesha andNa corp: of half a dozen physicians from Cof feyville and Independence arrived. The dead and injured were taken to Cof feyville. The scene of the wreck fol several hours looked like a battlefield by the dazzling light of the burning de bris. with dead men strewn about up on the ground where they had beer left after being taken from the wreck
Waterbury evening Democrat., 1903-04-27
SMALLPOX ON THE LA GASCOCNE.
TROLLEY STRIKERS TALK.
Statement Says Men Received Weekly
 Pay Yesterday.

The strikers executive committee is- sued the following statement this after noon:
 This is the 107th day out on strike, and the week starts off with q full meeting this morning and every man on deck ready to continue this wonder full battle against one of the biggest corporations in the country.
 Yesterday was pay day with tue men, and the boys were encouraged greatly by receiving wages which reached the high water mark in what they have received since they went out.
 '"That our cause is receiving the hearty endorsement and support of the national association is being evidenced by the daily communications we arc receiving from headquarters and the substantial aid we are receiving. Here is a quotation from one of the national officers: I would remind your division and in turn would remind the company and the world that the Amalgamated association, when once forced into a battle. does not fight for q day or a week, but our fight is for all time and will continue until justice is done unto us.'
 bGSpilC lAC NACLCL SlO" H by the above quotation, which eX- presses our sentiments thoroughly, we are now as always ready to meet the company half way on an equitable and honest basis. On the other hand we are met by the statements of the trolley officials that there is no strike and there is nothing to arbitrate.' We will ask if the public is shown any consideration by these statements?
 cone thing the strike has done,' said q friend of ours yesterday, and that is it has brought about a system that the people have been kicking about here for some time. That is, those who want to ride on the cars now are supplied with seats. There is no standing
 "The Hibernian rifles were insulted by a motorman on an East Main street car on Saturday evening. The rifles were parading to the City hall on the trolley tracks when a car came along. Those at the head of the parade did not hear the car coming quickly enough to suit the motorman, who, when he final ly got clear track, made insultin re- marks as his car went, along"
Waterbury evening Democrat., 1903-04-27
CITY NEWS.

yohn Sokitos of 42 Railroad Hill street fell while playing base ball yes terday afternoon and broke his leg below the knee.
 Special forecast for Connecticut: Partly cloudy tonight and Tuesday; somewhat warmer tonight; light, vari- able winds, becoming southwest.
 Policeman Goggins found in the Naugatuck depot to-day a clarionet with the mouthpiece missing. The in- strument is at the police station.
 The fire alarm rung this afternoon at 3:15 and the department was called to Second avenue where q bundle of straw was blazing right merrily. There was no water wasted.
 Ida Filiere, three years and six months of age. daughter of MT and Mrs Emil Filiere of 475 East Main street, died this noon from an attack of typhoid fever, The funeral will be held on Wednesday morning.
 An anniversary mass of requiem will be celebrated at the Sacred Heart church tomorrow morning at o'clock for John F. Kelly of Brooklyn, N. Y. MT Kelly was a brother to Mrs James Mccarthy and Mrs Mary Farrell of Wolcott street and Mrs o. H. Barnes of Woodbury.
 Some children started bonfire in the rear of a barn on East Clay street, owned by John Mccarthy of Mccarthy & Moore this morning, about half f-past 10. A woman saw it and had an alarm of fire rung in from box 42, corner of South Main and West Clay streets. The fire was extinguished before the fire department arrived. If the fire had not been discovered until a little later the barn would have caught on fire.
 The case of George Monroe against Elmer Tullar, both of Wateryille, began in the city court, civil side, before Judge Peasley this afternoon. The suit is to recover for the value of q sleigh worth about $15. Monroe's story is that one afternoon a year ago last winter he loaned his sleigh to the defendant Some days later he met the defendant on the road, plaintiff in a wagon and defendant in plaintiffs s sleigh They changed vehicles on the roadway and the next day defendant drove to plaintiffs house and took away the sleigh. That was the last he saw of it. A general denial is the defense.
 An important meeting was held this forenoon in the American Brass com panys offices. of the officers of that concern and President Hall and Vice President Todd of the Con- solidated railroad company in refer- ence to the matter of demurrage or un- loading freight cars in forty-eight in- stead of ninety-six hours as has hither- to been the custom. The proposed ar- engagement, 'tis said, would greatly hamper and embarrass the manufac turing concerns of the city and it was with view of ascertaining what the real state of affairs would be under this rule that brought the officers to town The matter was thoroughly ex- plained and considerable additional flight thrown upon it by the various views expressed. A decision was not . arrived at nor was it expected there would be any at present.
Waterbury evening Democrat., 1903-04-27
Venezuelan Rebels Victorious.

WILLEMSTAD, Curacao, April 27.- News has reached here that the Vene- zuelan government Generals Gomez and Ferrer have been routed at HI Guapo by revolution1sts under the command of General Rolapdo. Gomez and Ferrer returned to Caracas with many wounded. Gomez owes his es- cape to the fact that he was we'll mounted. Forces of the government have also been defeated at Barquisi- meto, San Felipe and Moron. Large numbers of wounded government sol diers have reached Valencia, Puerto Cabello and La Guayra. It is reported here that the entire Andes district is in revolt
Waterbury evening Democrat., 1903-04-27
RoCKFELLERs GUARDED.
Watched by Detectives on Account of
 Threatening Letters.

{ New York, April 27.-It is learned that John D. Rockefeller, ST, and John b., 1T, are constantly watched by de- 4ectfyes, because both have received Hnany threatening letters from cranks. At yesterdays session of the Bible Glass at the Fifth Avenue Baptist church stranger followed John D., Jr, up the aisle, and took a seat in pew near the front, where he sat in position enabling him to command freee view of the entire class. The stranger was a detective.
 At the close of the session, when MT Rockefeller took a position at the door of the lecture room and shook hands with each man as he passed out, the detective was close beside hIm, and carefully scrutinized each person that approached. The same precautions are taken each day as young MT Rock efeller goes from his home to his of flee and on his return.
 Equal care is taken to protect the elder. Rockefeller. He has not ap- peared at the church since his return from his western trip, but detectives are ever on the alert at Lakewood where he is sojourning.
Waterbury evening Democrat., 1903-04-27
Good Roads Convention.

ST. LOUIS, April 27.-The national and international good roads conven- tion has convened here for session of three days. This meeting probably will be the most important since the organ Ization of the association, whose pur- pose is the betterment of the highways of the country. Large delegations from nearly all the states are present. Pres ldent W. H. Moore presided at the opening of the convention, and the ad- dress of welcome was delivered by Mayor Wells and Governor Dockery. Among the prominent men who will make addresses during the convention are President Roosevelt, General Miles, General Fitz Hugh Lee, Hon. Andrew Pattullo, member of the Canadian par lament; William J. Bryan, United States Senator John W. Daniel of Vir- ginia, Hon. Winston Churchill, Hon. Carter H. Harrison and others.
Waterbury evening Democrat., 1903-04-27
. CARS CoLL1DED TO-DAY.

New York. April 27.-A dozen per sons were injured when q Columbus avenue electric surface car ran into the rear of a Ninth avenue car in Co lumbus avenue at 6Jth street to-day. Both cars were filled with passengers.
 The rear platform and most of "he roof of the Ninth avenue car was torl. off Conductor Bernard Mcdonald was caught between the two cars and his ankle crushed. Two of the pas sengers suffered severe sprains. The others were bruised. The accident was caused by the motorman of the leading car stopping suddenly when the other was following closelys
Waterbury evening Democrat., 1903-04-27
Vessel Was Detained At Guar
 antine To-Day.
eee STEERAGE PASSENGERS.

The Patient and 122 of His Fellow ] Countrymen Sent to Hoffman Island
 Six Members of French Commis-
 sion to St Louis Fair Were on Board.
 New York, April 27.-The French line steamer La Gascogne which ar rived to-day from Hayre with 245 cabin and 999 steerage passengers was detained at quarantine on account of smallpox among the steerage passen- gers. The patient, Giovanni Cittadin, aged 19 years, was sent to\ hospital aAd 122 of his fellow passengers to Hoffman island for observation. The steamer was disinfected. Among the passengers were six members of the : French commission to the St Louis ex- position headed by Commissioner Gen. eral La Grave, Commissioner Magufn, ce-President of the French section; Roger Bouvard, architect of the French exhibit, Lamy, secretary; M. Saglio, special commissioner of the fine arts department NJ. Di Montarnel, archi- tect, and Le Occur, who will build the pavilion.