davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1903-09-01
HIS SKULL CRUSHED
NATHAN SMITH KILLED BY
 FALLING TIMBER.
Was Employed by the Central of Georgia Railroad Near Birming- ham-Work Resumed at Ems
 ley Steel Flow Plant.

Birmingham. Aug. 31.-(Special)-Na- than Smith. a member of a repair crew of the Central of Georgia Railroad. was kill ed this morning at o'clock. while work ing under the coal chute of that road near Woodlawn, suburb. One timber of an x-brace that had been temporarily set to cap was knocked over accidentally, and 1t fell on the head of Smith, crushing the skull. He died in the ambulance while being carried to an infirmary. Other men were assisting in the work of setting up the brace One of the timbers had been fixed safely enough. it was thought, to work on the other. Smith was standing near the opposite sill handling the lower end of the second brace when it struck the first brace, jarring it loose so that 1t fell directly on the back of his head. T. G. Smith, cousin of the injured man. removed him from beneath the beam after 1t fell. The deceased was g years old and was unmarried. He had been in the em- ploy of the Central of Georgia Railroad for the past four weeks. The remains were sent to Camp Hill, Ala, this afternoon for burial.
The Montgomery advertiser., 1903-09-01

is claimed through an impounding ucder the statute establishing stock district, the burden is on the person who claims under such title to show affirmatively that such statute has been strictly com piled with.
 2. Same; same; sense of evidence Where stock is iinpounded under an act ito prevent stock from running at large in certain parts of Marengo ounty," (Acts 1S92-93, i99, and the owner of the stock being unknown notice of sale Is posted, but in said notice there Is not correct or accurate description of how the stock is marked as is required by the statute, and the stock is sold day after the date the notice state 1t would be sold. such sale of stock is imperative to convey title to the pur- chaser; and in an action of detinue by the true owner against the purchaser who claims under said sale. the plaintiff was entitled to the general affirmative charge.
 Reversed and remanded.
 Opinion by Haralson, J.
The Montgomery advertiser., 1903-09-01
New Weather Office.

The new Birmingham weather station, located on the eighth floor of the Title Guarantee and Trust Building, Is now ready for business and the first official weather map will be issued therefrom to- morrow The new station is equipped with all the appliances for ascertaining atmospheric conditions and Is one of the most complete in the South, will issue about 175 cards early every morning. the cards bearing the weather forecast for the next twenty-four hours. Later in the day. at 10 o'clock. notifications will be sent to all points in the city where weather bulletins are exposed and to neighboring towns, giving the latest Ere turns from the weather station.
The Montgomery advertiser., 1903-09-01
Rantist Association.

The seventieth session of the Birming- ham Baptist Association will convene to- morrow morning in Pratt City, su- burb, and it is expected that the att tendance will be larger than ever before. The Association is the largest of the more than eighty Baptist Associations in Alabama, having within its bounds more than fifty ordained preachers and about the same number of churches with a membership of over 1000. and contribut- ing annually for the organized worK thousands of dollars Prof. R. J. Wall drop of East Lake. is the Moderator. Professor Waldrop will not be apie 70 serye as Moderator over the meeting. having suffered a stroke of paralysis few months since. Much business will be attended to by this meeting of the Association.
The Montgomery advertiser., 1903-09-01
inion by Dowdell. J.
SIMoNsoN EFT AL. ". CAIN

SIMONSON EFT AL. V. CAIN.
 Bill in Equity for Injunction Appeal
 rom Chancery Court of Mobile
 T. Bill Tor injunction; when not rem oered multifarious by amendments.- an orlginal Dill the complainants alleged tila' tney owned lands along a part of ana over part of a bay which was shallow and non-navigable: that they had planted oysters in part of the bay; that oefendant had trespassed upon their oys- ter ped by passing over it with boats, thereby pressing the oysters into the mud and causing a irreparable damage. and that defendant had threatened to continue said conduct. The prayer of the olIl was for an injunction to prevent the continuance of the trespas sses compIained Of. The bill was three times amended. The first amendment. after describing the hay. alleged that defendant before the bill was filed, told one of the comp!ain- ants that he intended to plant oysters In the bay and carry them in boats over complainants oyster bed, and that de- fendant was insolvent. The second amendment alleged that it was practical ble to establish passageway thR,ugh the water of the bay. and prayed that In the event of the denial of the relief prayed for in the original bill that de- fendants boat passage be confined to a way marked out under the orders of the court. By the third amendment 1t was averred that after the second amend ment. for the purpose of saving delay and expense. complainants and defend ant had marked out passageWdy for boats to cross the compliments oyster bed, whereby reference to the register for the purpose of marking out a way was rendered unnecessary. Held: That there was no repugnancy or inconsistency in the original bill and It's several amend ments. and that the bill was not nultifa- rious.
 2. Equity pleading; effect of sworn an swers.-A sworn answer to a bill In equity retains it's character as such to so much of the bill as it responds to, although the bill may be amended subsequent to the filing of the answer, and where such sub sequent amendment sets up no new case nor ayers facts requiring additional an swer, the answers previously filed were available as sworn denials of the aver ments of the amended bill on a motion to dissolve and the temporary injunction issued at the filing of tn ebil, without further oath or verihcation
 3. Injunction; when properly dissolved on denials of the answer.-When upon the filing of bill in equity asking for an Injunction, a temporary injunction is is sued and defendant files a sworn answer which denies the material averments of the bill both as originally filed and as amended. 1t Is proper the court to dis solve the injunction upon the denials of such sworn answer.
 Affirmed In part. and reversed md re- manded.
 Opinion by Sharpe. J.
The Montgomery advertiser., 1903-09-01
IN oLDEN TIMES
People Were Content to Take Thinps
 Easier Than Now.

If our forefathers could behold the modern locomotives, automobiles and electric cars, they would hold up theIr hands in astonishment.
 The stage-coach was fast enough then people were more content to take things easy.
 They used to be satisfied with any sort of hair lotion that came aIong-if if did not prevent Badness they thought if was because Badness could not be pre- vented.
 It's different now. People know that germs cause Badness and that Newbro's S Herpicide kills the germ. thus curing Dandruff and preventing Badness.
 Sold bv leading druggists. Send 10c in stamps for sample to The Herpicide Co. Detroit, Mich. E. c. Fowler. Special Agent. --tu.
The Montgomery advertiser., 1903-09-01
SUMMER EXCUR=IoN RATES TO NEW YORK, BOSTON
 AND THE EAST.

The Central of Georgia Railway and It's connection now have on sale at all coupon ticket offices in the Southeast excursion tickets to New York; Boston and other Eastern cities and resorts via Savannah and Steamships of the Savannah Line, good returning until October 3lst, 1903 Tickets include meals and berth aboard ship Rates much less than all rail. The rail ride to Savannah is quick and pleas ant. through sleep ping cars. The ocean voyage is smooth and refreshing. Nine new and magnificent ships. More fre- quent sailings than in previous years. Im- proved service aboard ship. Evening course dinners.
 For further particulars, apply to your learect ugent or Fred B. White,
 Commercial Agent.
 No. Commerce St., adv-tf. Montgomery, Ala.
The Montgomery advertiser., 1903-09-01
HeAd-Notes Qf hhe Decisions
 of Alabama Supreme Court.

cipated in by the defendant and her CO., defendants. the actions and conduct of the defendants co-defendants at the time or. or just preceding the killing. are ad- missible in evidence.
 5. Murder; charge of court to jury.- On trial under an indictment for mur- der, 1t is error for the court to instruct the jury ex nero motu that the defend ant was guilty of murder in the first degree or was guilty of nothing;" such charge being upon the effect of the evil dence.
 3. Charge as to reasonable doubt-On the trial of criminal case, a charge which instructs the jury that If the evil dence in the case tending to establish the guilt of the defendant can be reasonably reconciled with the theory of defandant's s innocence. then the jury should acquit the defendant" Is misleading and prop erly refused.
 Reversed and remanded.
 Opinion by Dowdell, ].
The Montgomery advertiser., 1903-09-01
Shooting in Jasper.

A special from Jasper. Walker Coun-
 ty, says that Wilse Handley, former liquor dealer at Cordova, lies dangerousiN wounded from bullet wounds, inflicted by s. J. Mayfield, an employe of the Indian Head cotton mills at Cordova. The two had a shooting match on the streets, the continuation of some differences of & quarrel had before that. Handley was shot in the forehead. the bullet passing close to the brain. The second shot took effect in his arm, producing a flesh wound Mayfield went to Jasper and surrendered to Deputy Sheriff J. o. Long.
The Montgomery advertiser., 1903-09-01
Ate Rough on Rats.

One negro is dead and two others very sick, the result of eating rough-on-rats, which was placed in dinner buckets by miners to sicken negroes who have been stealing their dinners. It seems that t..e miners have been worried considerably of late because of this petty stealing and placed some rougn-on-rats m their buck cts Three negroes became sick and one died. The other two may be saved. Coro- ner Paris will investigate the death.
The Montgomery advertiser., 1903-09-01
Opinion by HaraIson, J.
STEWART v. GUY.

 Action of Detinue. Appeal from Circuit Court of Clarke.
 l. Motion for new trial; when bill of exceptions does not purport to set out all or the evidence-Where an appeal is talk en from judgment recruiting a motion Tor new trial, upon the ground that the verdict and judgment were contrary to the evidence in 8 civil suit, the bill of exceptions does not purport to set out all or the evidence adduced on the origi- nal trial. the judgment of the court over ruling such motion will not be disturb ed; 1t being impossible for the court to say whether or not the weight of the evil dence was against or in favor of t..e verdict.
 2 Appeal: failure to reserve executions cannot De cured by motion for new trial. The Failure to reserve an exception to the ruling of the trial court in giving charge to the jury. cannot be cured bv motion for new trial so as to render such ruling revisable on appeal.
 Affirmed.
 Opinion by DowdelI T
The Montgomery advertiser., 1903-09-01
WEBB V. STATE.

Indictment for murder. Appeal from City
 Court of Selma.
 1. Trial and it's incidents; sufficiency of verdict-On a trial under an indictment for murder, verdict that we, the jury find the defendant guilty of murder .n the first degree as charged in the in- dictment. and fix his punishment at of conviction and sentence of death; the word guilty" being self-corrective clerical error for guilty.
 2. Organization of jury; presumption as to defendant being served with copy of jurors as required by law-Where on an appeal from a judgment convicting the defendant for murder, the record shows that the defendant being in open court he was arraigned. and an order was made by the trial court setting day for the trial and fixing the number of jurors to constitute the special venire, and the sheriff was directed to summon the num- Der necessary and scrve a copy of the lists of the regular and special jurors so summoned. together with a copy of the indictment one entire day before the day set for the trial, as provided by the statutes, 1t will be presumed In the ab- sence of any showing to the contrary in the record, that the sheriff discharged his duty and an objection raised for the first time in the appellate court that the rec ord fails to show that any copy of the names of the jurors to try the defendant were served on him or his counsel as re- quired by law. comes too late.
 8. Homicide; admisslbility or evidence On a trial under an indictment for mur- der. where a witness for the State testi- fled that the morning after the murder he saw the defendant, who acknowledged to him that he had killed the deceased, and who further testified that the de- fendant told him that he would write to him under an assumed name. and gave the witness a piece of paper. at the same time telling him 'f he received a letter with that name signed to it he would know who wrote 1t. 1t is competent TOT the witness, failing to find the paper an his pocket, to testify what name was written on the piece of paper.
 4. Same; same-On a trial under an in- dictment for murder where it is shown | that the deceased was killed by being shot with shot gun. 1t is competent for witness for the State to testify that on the morning of the day the murder was | committed. the defendant undertook to
 borrow his gun; that he missed his gun | from his house about the time of the murder. and it was afterwards returned
 to him by person who had testified that he got it from the defendant.
 Affirmed
 Opinion by HaraIson. !,
The Montgomery advertiser., 1903-09-01

bama Press Association. expresses sur prise at the postponement of the hearing of the charges preferred against him in with the recent trip of the as- sociation to Canada. He said that he had the meeting of the special appointed by President Yerby at Calera during September.gand did not look so favorable on the postponement idea. though he will be ready at any and all times. He has very little to say as to
 the case proper,
The Montgomery advertiser., 1903-09-01
Ensley Steel Flow Plant.

Work was resumed this morning at the steel blow plant at Ensley. The industry has been idle for several months during which the plant changed hands The shearing department was the first to start up. It will be three or four days before the next department will start up. F|y men were given employment in the shear ing department One hunored more will get work when the other departments start up The new owners of the concern expect the plant to work steady and to be a paying institution. The plan' IS equipped with electricity and the power in the institution will be electricity.
The Montgomery advertiser., 1903-09-01
His Life Saved by ChamberlainA Collie, Cholera and Diarrhoea
 Remadv
Remedy.

"B. l.. Eyer, a well known cooper ox this town. says he believes Chambers lain's Collie, Cholera and Diarrhoea Rem edy saved his life last summer. He had been sick for month with what the doctors call bilious dysentery, and could get nothing to do him any good until ha tried this remedy. It gave him imne- date relief" says B. T. Little. merchant Hancock. Md. For sale by all druggista.
 -ad-
The Montgomery advertiser., 1903-09-01
New Postal Manager.

R. L. Wellington of Greenville. Miss. has been made manager of the Birm- ingham office of the Postal-Telegraph Cable Company's office and has taken charge. T. D. Jackson has been tenn porarily in charge of the office here. Washington had charge of the Green vile office of the Postal before coming here.
The Montgomery advertiser., 1903-09-01
Beautiful { 1ina.

One of the most attractive dinner sets Jeen in the displays of summer china 5 royal dresden copied from a very old lesign. The sole decoration is a single Jose spray in the middle of each piece. most realistic rosebud tops the covers If the sugar bowls, tea and coffee pots md the smaller covered dishes.
The Montgomery advertiser., 1903-09-01
COLLINS V. STATE. Indictment for Murder.-Appeal


 Indictment for Murder.-Appeal from
 Circuit Court of Hale.
 l. Homicide; admissibility of evidence.- On trial under an indictment for mur- der, 1t is competent to show in connec- tion with the killing, all of the attend. ant circumstances-who were present, what was said and done. and every other fact connected with the transaction and SC related as to form part of res gestae.
 2 Same; same.-On a trial under an in- dictment for murder, all the particulars of continuous transaction leading up to the murder then not shown to have any immediate connection with th" off, fense, but which tend to shed light on the main inquiry. are admissible.
 8 Conspiracy; how rroved.-A conspi- racy or common purpose lo do an unlaw- ful act need not be shown by positive testimony, but may be proved by circum- stantial evidence; nor need 1t be shown that there was pre-arrangement 70 do the specific wrong complained of.
 4, Same; admissibihty of evidence After proving the existence of a conSpi- racy, every act or declaration of the de- fendant which may tend to establish such facts, is admissible in evidence against him, and when a conspiracy has been shown to exist, or facts are proved from which its existence may be reasonably inferred, all that Is said and done in fur therance of the common design by one of the conspirators, is admissible in evil dence against the other conspirators.
 5. Evidence; when error in admission of incompetent evidence cured.-lf evi- dence, which at the time of its introduc- ton is incompetent is rendered compe- tent by subsequent introduction of other evidence, the error in the admission of the evidence first offered is cured and It without injury.
 6. Homicide; admissibility of evidence. Where the defendant who was jointly indicted with her husband on the charge Of murder Is granted a severance. and it is shown that the killing was done with shot gun, it is competent for the State to show that the defendant, shortly be- fore the homicide, went off and brought and delivered a gun to her husband, who did the killing; and likewise it is com petent to show that the husband received the gun from the defendant. although 1t was not shown with what intention he took the gun from her
 '. Same; same; conspiracy-Where, on separate trial of the defendant, who was jointly indicted with others for mur- der there was evidence tending to show that there was a conspiracy or community of designs to commit the homicide. parti-
The Montgomery advertiser., 1903-09-01
RYALL V. SMITH.

Action of Detinue.-Appeal from Circuit
 Court of Marengo.
 l. Detinue: where title to stock claimed through impounding; burden of proof.-1n an action of detinue to recover posses sion of stock when title to the property
The Montgomery advertiser., 1903-09-01

has been chief clerk in the office for several years, will succeed MT. Johnson. The latter goes into other business. The successor to the office is well known in the city and has given the duties of the office strict attention ever since he has been In there.
The Montgomery advertiser., 1903-09-01
RAILWAY EMPLoYEs PICNIC.
Delightful Day Spent by Tuscumb-
 ians at Wheeler Station.

Tuscumbia, Aug. 31.-(Special.)-Al the entire force of the Southern Railway shops near this city enjoyed picnic at Wheeler Station, the home of General Joe Wheeler, Saturday. A special tram, consisting of seven coaches, was provided by the railroad company and left Tus- cumbia at S:30 a. m., and returned at 2 D. m. The excursionists, numbering about 400O, composed of the employees Of the shops and their families and friends, were in charge of Master Mechanic J. J. Bayley, by whom the outing was plan ned, and a delightful day was spent in the grove at Wheeler. It was gala day and the kindness of the Southern and its generosity will be long remembered.
 The contest by the friends of the dis pensary in this county and those op- posed to 1t has reached the point where there is no danger of bitterness or strife. the fight having narrowed down to a friendly contest, many of the best men In the county allying themselves on one or the other side of the question. The friends of the dispensary claim that enough signatures have been secured to the petition to insure the passage of the bill by the ensuing session of the Legis- lature, after which its adoption by the voters will bring on a spirited fight, but not one which will divide the people of Colbert. Both sides are willing that the matters be settled by majorty vote.
The Montgomery advertiser., 1903-09-01
MT. Johnson Retires.

Jack w. Johnson. who has been union ticket agent in this city for more than fifteen years, left the position tonight at midnight Richard w. Luekett. who
The Montgomery advertiser., 1903-09-01
LOUISVILLE & NASHVILLE RAIL-

fSOAD V. oOLOndON.
 Certiorari Proceedings. Appeal from
 Circuit Court of Escambia.
 1. Certiorari; no error for court to rem der judgment for costs against a peti- tioner. in whose favor judgment Is oth- erwise rendered.-On a petition asking for a certiorari directed to a Justice of the Peace, requiring him to certify to the Circuit Court the proceedings in a case which judgment was rendered against petitioner. whereon motion of pe- titioner the proceedings of the court of the Justice of the Peace are quasned and the judgment rendered therein is annulled, 1t is not error for the court to further render judgment against the petitioner for the costs; since the taxa ton of the costs in such a proceeding rest under the Statute Code. Sec. 2S31), in the discretion of the court and Is not revisable.
 Affirmed Opinion by Tyson. J.
The Montgomery advertiser., 1903-09-01

Of 7e.742 houses in Paris recently examined pnly 23.252 were found to have modern san KAry arrangements in reEaId to the water pauply
The Montgomery advertiser., 1903-09-01
mrmed. Opinion by Tyson. J.
STATE V. sHUGART.

STATE V. SdUGAHT.
 Habeas Corpus Proceedingsl-Appeal
 from order of the Judge of the City
 Court of Selma.
 1. Gift-enterprise; what is meant there. by as used in the statute.-A gift-enter- prise as used in the statute prohibiting the carrying on or representing lot tery Code, Sec. 4S0S), is a scheme for the division or distribution of certain ar ticles of property to be determined by those who had taken shares in the scheme.
 2. Same; issuing trading stamps not carrying on a lottery or gift-enterprise. The issuing of trading stamps by an independent corporation to merchants who have entered into contract with such corporation, where in accordance with such contract the merchant delivers said trading stamps with articles sold for cash, in acordance with previous ar- nouncement, and the purchaser when ne acquires a designated number of such stamps can select and receive one Of a number of articles exhibited at store of the corporation issuing the stamps to the merchants, does not constitute the carrying on of a lottery or the. main- taining of a gift-enterprise prohibited by the statute Code, Sec. 4S0S); such trans action involving no element of chance. Affirmed. Opinion by Dowdell, J.
The Montgomery advertiser., 1903-09-01
sEELYE v. rHr sTATE.

Indictment for Assault and Battery; Ha-
 tbeas Corpus Proceedings. s.-Appeais
 from City Court of Montgomery
 1. Practice act of City Court of Mont gomery; defendant cannot be sentenced after expiration of thirty days from date of judgment. Section Il of the act ap- proved February 2. 1901. ito prescribe the rules of practice and procedure in the City Court of Montgomery" etc. (Acts lsoo-1sM. s2s). providing that after the expiration of thirty days from rendition of final Judgment in said court, such judgment shall be beyond the control of the court as If the term of the court had ended at the expiration of said thirty days. applies to civil cases; and there- fore, notwithstanding said act, 1t is com petent for the court in a criminal case, after the expiration of thirty days from the judgment of conviction. to pass sent ence upon a. defendant.
 Affirmed. Opinion by Haralson, J.