davidaulloa/AmericanStories huggingface dataset:
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1903-02-06
Prisoner" "Peached" and
Gave up Much Want
ed Inform alton
PLEADED GUILTY WITHOUT TRIAL.
Third Conviction Of Notorious
Gang Of Robbers of Which
Two are Still at
Large.

James Clark, better known as "Yor-
key Dick" appeared in court Monday
afternoon accompanied by his attor-
ney, w. J. Piero, and pleaded guilty to
completely in the Bender robbery,
which occurred near Massillon in 1897,
and Judge Amber sentenced him to
seven years in the penitentiary at hard
labor.
'Yorkey'' is the third of the gang of
FIVE who committed that notorious
crime. The first one apprehended was
William Henderson, who was sentenced
to years in the penitentiary, and later
was brought back and tried for the
Hartong murder and sent up for life.
Later Michael Moran Tor McGovern)
was arrested and found guilty and sent
up for term OF eight years.
While it was known that Clark was
one of the five. he could not be ap-
pretended until located recently by
Prosecutor Day He was brought here
and indicted and it was expected that
he would stand trial. Upon the advice
of his attorney he decided to plead
guilty, as the evidence against him
waC substantially the same as had con-
r,int,J I,ic rtp ;,, n,,;r,a
,rhe fact that his conviction would
not entail any expense to the county
was urged as a reason why mercy
should be extended. and Judge Am
bier in passing sentence stated that
he had reduced the term one year on
this account.
In making his statement to the court
Prosecutor Day stated that "Yorkey
Dick" had made some disclosures that
would aid in locating the other men,
bers of the gang. In other words he
had 'peached."
The Judge in passing sentence, stated
that it was fortunate for the prisoner
that he came in under the old statute
crime under that in force at the pres
ent time he would go TO the peniten-
tiary for life.
"You have pleaded guilty to one of
the most shocking burgiaries ever
committed in the county. 1t was done
by a well organized band of robbers,
and ! cannot lose sight of that fact"
said Judge Amber. 1T was Just such
Il crime as led the legislature to make
the penalty for burglarizing an occu-
pied dwelling life Imprisonment. II
shall give some benefit of your plea of
guilty, making your sentence one year
less than that of your confederates.
In his statement to the court, At
torney Picro stated that the prisoner
had been suspected as having been i'm
Investigation proved this not to have
been the case. He had reference to the |
fIartong murder. but il was discov-
cred that "Yorkey" was doing time In !
some penitentiary at the time that |
crime was committed.
The Bender robbery was one of the
most notorious ever committed in the
county. 1t occurred in 1897 when the
Benders were caught, bound and tor
tured by gang of burglars and about
$500 in money taken. While justice
has been delayed. three of the five are
now behind the bars. Henderson was
sent up in 1899, Moran in 1901 and
Clark two years later.
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1903-02-06
A WRECKER
IN A WRECK
Freight Hit Wreck Train
With Fatal Results
to Two Men,
Scripps. .McRae Telegram.

Scripps. McRae Telegram.
Doylestown, o.. Feb. 3.-A wrecking
train crashed into freight on the
b. & o. at Easton, near here early
this morning. Conductor William
Miles, of New Castle, Pa, was burn
ed to crisp, and a flagman, name
unknown, was fatally burned.
The conductor and flagman were
asleep In the freight caboose when
the accident happened
The freight was backing out of a
siding and displayed no warning
lights. No one else was hurt,
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1903-02-06
OHIO POSTMASTERS
Up for senste's Confirmation.

Washington, Feb. 3.-The following
appointments as postmasters have
been sent by the president to the sem
ate for confirmation:
w. B. Dones. Delaware; William II.
Surles. East Liverpool; Walter B.
Johnson. Fredericktown; Edmund f..
Moore. Lisbon; George r. McDonald.
Minerva; Joseph q. Cost. Washington
|C- H.; Tanner r.: snowden. yyeilfviiie.
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1903-02-06
STARK INJUNCTION
WAS MODIFIED

In the case of the w. G. L. e. rail-
way against the Stark Electric, a
modification of the injunction was
granted by Judge Amber Tuesday
permitting the setting of poles and
stretching of wires over the railroad.
The consent of the commissioner of
railroads and telegraphs had been Sc
cured.
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1903-02-06
NEARLY roRFEITs HIS LIFE.

A runaway AMIDST ending fatally,
started a horrible ulcer on the leg Of
]. b. Orner, Franklin Grove, Ill. For
four years 1t defied all doctors and all
remedies But Bucklen's Arnica
Salve had no trouble to cure him.
Equally good for Burns, Bruises, Skin
Eruptions and Piles, 25c at the Dur
bin & Wright Co.'S drug store.
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1903-02-06
]. MILTON LONG. M. D.

- evSs A>e
The eminent specialist, has located perma-
nently in Canton. His generous Offe: Ok .
weeks treatment absolutely free has been
thoroughly appreciated by q large number
and the doctor has decided to continue the
ary LIST.
Although he treats all diseases of chronIo
long standing and difficult nature and cures
many sO-called incurable diseases he wlshes
u understood II after q thorough examinn-
tion your case Is found to be Incurabie ho
Will frankly tell you SO.
:, He guarantees to cure CATARRH In all
the forms including catarrh OF the stomach.
liver. kidneys and bladder from which many
NERVOUS DIsEAsEs-Epilepsy nervous
debility from ON. any cause. Hysterla. Cholera.
&f fHrse Et6 81 sp%sss %6SES SEEsS%edei oa,o.
amined without exposure and treated With
out the use OF pessaries and supports by new
ana painless method.
Young, Middle Aged and Old Men, Weak.
Diseas.d. DespOndent Men, suffering from
premature decay, enfeebled powers, any or
all diseases arising from habits OF youth.
early Vices. indiscretion or excess all dis.
eases causing losses, drains, weak or falling
memory, DC. should see the doctor at once.
Recent Cases, Private Dil eases cured in
i've to ten lays. Malignant growths and all
.,u Ium9rs nor. c''sed without the use OF knife and
Office and dispensary at ssl South Nc
hp!siy fsiyos Mnae: eoTqeE Hsth street
0 to p. m. cvery day except sunday ana
Monday. Consultation Erss.
~ . .r
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1903-02-06
NO RIOTlNG
But ouarrIes Have Shut Down.

Hcripps-McRae Telegram.
Youngstown. Feb. 3.-There was no
sioting among italian strikers at the
qunrries. today, All five limestone
Quarries IN Hillsville district are
'rtosed down today.
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1903-02-06

r. ,: S:.: s ::s s:.:..: e; s.s S..: c::
The Montgomery advertiser., 1903-08-04
EVER WATCHFUL. ALittIe Care WllSave the
 Reader Future Trouble.

Watch the kidney secretions.
 See that they have the amber hue of health.
 The discharges not excessive or infre. Quent.
 Contain no brlck-dust-lIke sediment
 Doan's Kidney Pills will do this for you.
 They watch the kidneys and cure them when they're sick.
 MT John zolleis, City Auditor. resid- ing at 7S1 Robert Street. Newport, Ky. says: "A man who has never. had back ache or kidney complaint in any of its many forms can scarcely gauge the mis- cry sufferer endures who is annoyed day and night by this far too prevalent trouble. To all such my advice is pro- cure Doan's Kidney Pills and take A course of the treatment. The result of the use of three boxes proved to me that the remedy Is up to representations and deserves my unqualified indorsement."
 For sale by all dealers. Price. 50 cents. Foster Milburn Co.,, Buffalo. N. Y., sole agents for the United States.
 Remember the name-poan's--and take no other.
 For sale in M ontgomery at 2. c. Fow- ler's Pharmacy.
The Montgomery advertiser., 1903-08-04
Head Notes Qf the Decisions
 0f Alabama Supreme Court.

troduced tending to show that said bill of sale was fraudulent. It is permissible for the plaintiff to show that the gar nishee had collected money upon the notes and accounts so transferred to him.
 8. Garnishment proceeding: charge of courts as to fraud--In garnishment pro- ceeding. upon the contest of the answer of the garnishee, where 1t is shown that the garnishee claimed the property under bill of sale from the defendant. and there was evidence introduced by the plaintiff tending to show that the trans fer of the property as evidenced by said bill of sale. was actually fraudulent. but the evidence offered in behalf of the gafntshee tended to show that he was a bona fide creditor of the defendant in a sum much larger than the value of the property conveyed to him, 1t is error for the court to instruct the jury upon the request of the plaintiff. that if they find that the defendant was indebted to the garnishee at the date of the transfer to him in a less sum than that recited in the bill of sale as to amount and the amount recited was put at larger sum than the debt for the purpose of covering or aiding to cover the value of the prop erty transferred, then the transfer was fraudulent"
 1. Same; same.-In such a case, it is error for the court to instruct the jury at the request of the plaintiff that if they believe from the evidence that any part or all of the alleged debt due the gar nishee by the defendant was simulated or pretended. then they should reach the conclusion that the sale was fraudulent.
 Reversed and remanded.
 Opinion by Tyson, J.
The Montgomery advertiser., 1903-08-04
TREASURER OF SHELBY
EXAMINER GoRMAN FILES RE
 PORT ON MIR. GARDEN.
He Made a Technical Error Amount
 ing to $7,oS1.oo, Which Will Be Corrected-Concerns Special Road Fund.

In a report filed yesterday with the Governor upon the books of l.. J. Garden. Treasurer of Shelby County, Examiner of Public Accounts John T. German says that MT. Garden is due the county of Shelby $79S1 .99.
 his report, Is only technical, and grew out of the fact that Mir. Garden trans ferred to the general fund of the county the amount raised by a special road tax. The. Attorney General has ruled that under the special road tax act the County Treasurer had no right to transfer the proceeds of the tax to the general fund of the county. The act under which the fund in question was collected Is entitled
 ''To better provide for the working of the public roads of St. Clear, Franklin and Shelby counties" This act provides for the collection of special tax for working the roads of the counties and 1t declares that it must be paid into the county Treasury and kept separate from the other county funds and be used only l for the purposes indicated in this act. The Examiner found that Mir. Garden
 had kept a separate and distinct account of the road fund but that he had trans ferred $7,98199 of this fund to the gen. eral fund.
 Attorney General Massey Wilson. at the request of MT. German, rendered an
 opinion on the question as to whether
 the County Treasurer. under the act. had
 the right to make the transfer. The At
 torney General held that the Treasurer
 did not have legal right to make the
 transfer. and the amount in question was
 charged by the Examiner to the Treas | urer.
 In his report Examiner German says
 that Mir. Garden keeps his books in q
 fairly good condition. He found, how.
 ever. that he had collected from the fine
 and forfeiture fund SIS. .69 commissions tc
 which he was not legally entitled. This
 amount was promptly refunded by thS County Treasurer when his attention was | ea aIlod tn htQ arrore hv tha Eva minor
The Montgomery advertiser., 1903-08-04
convince the court that 1t was wrong ana unjust. Reversed. rendered and remanded.
 Opinion by Dowdell, J. -.l
BICKLEY V. BICKLEY


 BICKLEY V. BICKLEY. a.r Bill in Equiay for Alimony andsCross Bill
 Asking for DtvopcD.-%Appeal from the
 Chancery Court of Colbert. ~'o
 1. Equity pleading; cross bill for di- vorce can be maintained by defendant against complainant asking for allmony.- Where bill is filed by a wife osking not for a divorce but for aiimony out of her husbands estate, upon the ground of his assertion of her. the husband can main- tain a cross bill against the complainant in the original suit, asking for a divorce vinculo matrimonial, upon the ground cf Ter adultery: and upon the charge being satisfactorily proved. he is entitled to the affirmative relief of divorce,
 g. Fill for divorce; admissibility in evil dence of letters tending to show improper relations between defendant and third person.-On a bill by husband seeking divorce from his wife on the ground of her adultery, a letter written short time prior to the marriage of the complainant and the defendant tending to show adul- terous relations between the defendant and third person, Is admissible in evil dence in connection with evidence of sim liar acts during the marriage. for the pur- pose of proving the adulterous intercourse charged.
 B. Same; admissibiIity of letters from wife to third person.-Where. in a bill uieu Dy 6 uuSUahu scekhtB a uiVOrCe LTOui his wife on the ground of adultery, it is charged among other things that the wife wrote to her paramour (naming hln) af- fectionate letters suggesting adulterous re- lations, and that he, in turn. wrote let. ters to her. and copies of such letters are attached to the bill as exhibits. and it is proved by the complainant and ether witnesses that the copies of said letters were true and correct and were made by them. and the wife in her answer to sucf bill and upon her examination as a wit ness testified that she never wrote ol received any of the letters attached as exhibits to such bill. and the paramour as witnas. testified to having received from her and written to her said letters and that he had burned the letters he received. 1t is competent to introduce the copies of said letters in evidence. and il is no objection to the sufiiciency of thu evidence touching the contents of sucf letters, that the originals had not beer produced or sufficiently accounted for.
 f. Deposition; when motion to suppress properly overruled.-When a certificate oi a commissioner is not set out in the rec ord, the ruling of the chancellor in refus ing to grant the motion to suppress the deposition of said witness. upon the ground that there was no legal certif- cate attached thereto. will not be re- viewed.
 Affirmed, Opinion by Haralson. J.
The Montgomery advertiser., 1903-08-04
Moi Over-wise.

girl scared at a grasshopper but in the act of heediessly treading on a snake. This is paralleled by a man who spends a large sum of money building a cyclone cellar, but neglects 10 provide his family with a bottle of Chamberlain's Coiic, Cholera and Diarrhoea Remedy as a safeguard against bowel complaints whose victims outnumber those of the cyclone a hundred to one. This remedy is everywhere recognized as the most prompt and reliable medicine in use for these diseases. For sale by ali druggists
 adv
The Montgomery advertiser., 1903-08-04
Sargent Assigned to Texas.

Washington. Aug. 3.-(SpeciaI. )-Cap- tain Herbert H. Sargent of the End cavalry who has been detailed as pro- lessor of military science and tactics at the Agricultural and Mechanical College of Texas. commanded the 5th United States infantry Qmmunes) during the war with Spain. The regiment was com posed of men from the Gulf States and the Colonel was a popular commander with the Southern boys. He relieves Captain Frank P. Avery.
The Montgomery advertiser., 1903-08-04
EMMETT V. BARROW.

Action of Trover.--Appeal from the Cir
 cult Court of Marshall.
 1. Bill of exceptions; stricken when not shown to have been signed within the time allowed by order of the court.- Wbem ther&l is an order of the trial court allowing the party cast in a suit ninety days from the date of the order for the preparation and signing of the bill of ex- captions, as set out in the transcript, ap- pears to have been signed after the ex- piration of the ninety days so allowed, and the record does not disclose another order or agreement extending the time for the preparation and signing of the bill of exceptions. such bill of exceptions will be stricken from the transcript, and the recital that the signing of the bill of exceptions was 'done within the time heretofore allowed therefor" Is not effect i've to establish that the signing was in | fact within the time allowed by any or- der of the court.
 Affirmed. opinion by Sharpe. J.
The Montgomery advertiser., 1903-08-04
PEOPLES SAVINGS BANK AND
 TRUST co. V, KEITH.

Action of Assumpsit. Appeal from the
 Circuit Court of Jefferson
 1. Motion for new tS1aI; when rulings upon evidence on the trial will not he reviewed on appeal-When, after a judg- ment in a civil case, a motion for a new trial is made and such motion Is con tinued until the next term of the court and no bill of exceptions is taken and signed at tine term of the court at which the trial was had. on sn appeal from a judgment of the trial court everything the motion for a new trial, the rulings of the court on the admission and rejection of evidence during the trial will not be re- viewed.
 9 New triaI when should be granted The Judgment of a trial court in refusing to grant a new trial on the insufficiency of evidence or that the verdict was con- trary to the weight of the evidence, will be reversed If. after allowing all req sonable presumption of it's correctness the preponderance of the evidence against the verdict is so deeIded as to clearly
The Montgomery advertiser., 1903-08-04
RECORD OF DEATHS
Ievin staufor orr.

Mir. Levin Stanford Orr died Sunday night at II o'clock at his late home, 4i Cleveland Avenue. after short illness of typhoid fever.
 Mir. Orr was z years old ana had been married only a short time.
 The funeral will take place from the residence this morning at 10 o'clock.
The Montgomery advertiser., 1903-08-04
Ira winford McDonald.

Ira winford Mcdonald, the s-months- old son of Mir. and Mrs. Arthur ]. Mo Donald. died yesterday afternoon at 5 o'clock at the residence of his parents on South McDonough Street.
 The remains of the child will be buried in Oakwood Cemetery this afternoon at 5 o'clock. The funeral will take place from the residence.
The Montgomery advertiser., 1903-08-04
covernment. Buvs siIver.

Washington. Aug. 3-The Treasury De partment to-day bought 169.O00 ounces oi silver for Philippine coinage at an aver age of $O.5sOS. all for delivery at San Francisco.
The Montgomery advertiser., 1903-08-04
HEAD sEvEREp FROM BODY.
Remains of Negro Found By Rail-
 road Track.

New Decatur. Aug. 3.-(Special.)-A ne- gro track hand of the Louisville and Nashville Railroad was found lying by the side of the track near the company's shops with his head severed and lying some distance from his body. There Is some suspicion that the negro was mur- dered and placed by the track, though he was seen near the spot where his body was found only short time before the remains were discovered. Another theory is that he was drunk and either went to sleep on the track or else fell down while walking on the track.
The Montgomery advertiser., 1903-08-04
. and NashviIIe RaiIrond

The Louisville and Nashville Railroad Company has ordered twenty new loco motives for the S. and N. and N. and D. divisions, and they will be kept in the shops here. These locomotives will be of the 300 series. Some of them will arrive during this month. and the others will arrive during October.
The Montgomery advertiser., 1903-08-04
FuneraI of Mr. Morris.

The funeral of Mir. William Morris, who
 died Saturday morning. took place Sum
 day afternoon from the family residence, | sir Bell Street.
 Elder J. M. Barnes of the Christian Church, officiated at the residence and the
 members of Camp Lomax. United Con- federate Veterans, took charge of the l body at the cemetery.
 1 At the funeral of MT. Morris, the Vet erans used their burial service for the | first time. Mir. c. A. Lanier acted as
 Chaplain. and B. M. Washburn acted as Marshal.
 The following Veterans of Camp Lomax acted as pail bearers: W. B. Jones, c. A. Allen, R. P. Grigg. R. A. Notes, Rob- ert Knight, F. M. Mann, John B. Fuller. Mrs. Elizabeth Merrick Johnson. Mrs. Elizabeth Merrick Johnson, wife of Warren Johnson, died yesterday morning at 8 o'clock says The New Orleans Times Democrat. The sad news of her death spread rapidly among her wide circle o. friends and those of her family in the city, and was source of great sorrow | to all who had loved her for her many amiable qualities and beautiful traits of character.
 Mrs Johnson was the daughter of Capt. David T. Merrick of Merrick, La, gal ! lant soldier of the Confederacy, and granddaughter of. Mrs Caroline Merrick of New Orleans. When she came out in New Orleans society several years ago sine became a universal favorite by req | son of her beauty, her gentle courtesy and sweetness of disposition. In 1900 she was maid of honor to Miss Perine Fitzpatrick, Queen of the Carnival, and the following year was herself crowned Queen. In June, 1901, Miss Bessie Merrick was married to Warren Johnson at the home of her father, an Merrick, La. Her sis | ter, Caroline, to whom she was devotedly | attached, was married the same evening | to Dr. Hamilton F. Jones. In order thai | the marriages should rot take place al | the same time. Miss Caroline Merricl l first served as maid of honor to her sis ter, and shortly afterward became a bride | herself.
 The two sisters were inseparable com. l panions. Before going into society they ti aveled together in Europe, and ever after they had married saw each other | every day. Mrs. Johnson's three weeks old little girl is named for her sister. | MT. Johnson was almost prostrated by I the untimely death of his young wife l During her illness. although trained
 nurses were continually in attendance | and the finest medical skill obtainabI'
 had charge of the case. her husband gave up business and everything else in ordel
 to be always by her bedside. Her mother l was also with her.
 l Mrs. Johnson was niece of Mir. J. S Dowdell of Montgomery and a grand
 daughter of Mrs. P. c. Dowdell of Au | burn.
The Montgomery advertiser., 1903-08-04

If there's one thing that disgusts a girl more than another. it is to have a young man ask if she will permit him to kiss her.
The Montgomery advertiser., 1903-08-04

The average girl Is so True that she de- stroys the love letters of the first man after the second man calls on her the second
The Montgomery advertiser., 1903-08-04

There is no hope for the man who will borrow money to indulge himself in a pleasure he can get along without.
The Montgomery advertiser., 1903-08-04

The people of the two Decaturs are much elated over the fact that the Louis- vile and Nashville Railroad Company Is double-tracking its road from this city to Flint station, distance of seven miles south. It is rumored here that the
 company will in the near future, double track the road from here to Birmingham, but the rumor could not be substantiated.
The Montgomery advertiser., 1903-08-04
A Guaranteed Cure for piles.

itching, Blind, Bleeding or Protruding Piles. Your druggist win refund your money if PAzo OINTMENT fails to cure you. 50 centa-