davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-14

8. Employer and Employe: Yolenti Non
Fit; Obvious Risks; Known Dangers
The doctrine of volenti non fit inJurla IS
founded on the consent of the empieye
to take the chances of injury or escape
from threatening situation, but suen
consent IS not implied unless the danger
IS obvious or is known to the employ {,
8. Contributory Negligence; sufflcieney
of Plea; knowledge or Notiee.-A plea
OF contributory negligence impuuhs 10
the injured person knowledge or notice
of the danger he encountered, is insult
ficient, notice not being the equivalent OF
knowledge.
Reversed and remanded. Opinion by
Sharpe, J.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-14
Easy to Be on Time in the
Morning.

Guaranteed alarm clocks
that usually sell at LOO, tho
occasionally some real enter
prising jeWeler marks them
75c. They are here at 69c.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-14
Alabama Brewing Co.
bohemian Beer. f"

Save time and ship freight
to Ensley, Bessemer, Pratt
City and Wylam via B. R. L..
& P. Co.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-14

At New Orleans.
New Orleans, La March 13.-Safeguard
and Denny Duffy were the only beaten
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-03-14
COURT Restraints
THE HARR|MANS
Keene Interests Secure a Tenn
porary Injunction
CAUSE TO BE HEARD APRIL /
Nashville Selected as City for Arguing
the Case in Which Union, Central
and Southern Pacific Rail-
roads Are Interested.
CAUSE TO BE HEARD APRIL /

Cincinnati, March BIN the contest
between the Keene and the Hartman in
terests in the Union the Central and the
Southern Pacific railroads, the former to-
day secured a temporary restraining or
der and notice was served on the latter
that at Nashville, on April l, there would
be a hearing of causes why an Injunction
shall not be issued as prayed for.
AS the date for the annual meeting OF
the stockholders of the Southern Pacific
is April 8, it was desired TO have the pc
tition heard before the next election OF
directors The Southern Pacific company
has a Kentucky charter, although II owns
no property In that state. Its legal head
quarters are Beeehmont, KY a suburb
of Louisville. where its legal representa-
tive resides, and for this reason the bill
of complaint was filed in Louisville yes
terday. but the attorneys found no circuit
Judge there and came here, where Judge
I.urton heard them In chambers. The
Kentucky charter of the Southern "a
cific company is for steamship lines, Ter
ries terminals and other purposes as
we'll as for railroads. Taylor, the COM
plainant. is a son-in-iaw of James r.
Keene.
Attorneys Hold Conference.
The attorneys on both sides held con-
ferences here this afternoon before they
left for their homes to meet again at
Nashville two weeks from next Wednes-
day. Senator Foraker and Judge Harmon
were In conference after the other attor-
neys left. The bill filed by attorneys for
the compliments, Talbot ]. Taylor ana
James B. Taylor, forming the Wall street
firm of Talbot j. Taylor q Co., relates the
history of the Southern Pacific company
and discloses an alleged condition of af-
fairs In which the Union Pacific interests
in the Southern Pacific company's direc-
torate have systematically managed the
latter company in the interest OF the
former During the years 1900 and 1901
the Union Pacific company acquired
holding Of Southern Pacific shares
amounting to s75OO0,000 or 10000 shares.
These were used, it is declared, to elect
a directory each member of which was
and is interested in Union Pacific as
against the Southern Pacific The new
directory, 1t Is stated united all the de-
partments of the two roads wherever pos
sible. subject to a dominating and con-
trolling influence in favor OF the Union
Pacific company, whereby the interests
of the Southern Pacific are endangered
and prejudiced by determinations in IA
vor of the Union Pacific" adopting poll
cies also that tended and do tend to
direct traffic from the Southern Pacific
company, which would, without the adop-
ton of such policies, have come to that
road"
The Providence news. (Providence [R.I.]) 1891-1906, 1903-08-22
FINANCIAL NEWS
BULLS AND BEARS.

Wall Street. Aug. a2.--opsning prioes
moved In a sluggish and irregular way on
purely nominal transactions. Mnnsapo-
lis, st. Paul and Sault Ste Marie roe ~
on the declaration OF q dividend and
Iowa Central preferred gained point
Among the declines Reading was most
conspicuous with a ioss or ~ and Realty
preferred declined y.
Dealings were too small TO have any
significance, the London holiday and the
yacht races combining TO cause duIlness
Realty preferred was forced down ~ on
rumors that the next dividend will be
passed. Minneapolis. st. Paul and 6ault
Ste Marie yielded to a point under last
night on realizing and Amalgamated Cop
per reacted sharply. Prices hardened
again before the end OF the hour.
The increase In the loan account shown
by the bank statement caused a spiliing
out OF stocks and prices ran OF a point
for the Changers, Pacific and AmAlgama-
ted. The movement was short lived and
the handful OF traders on the foor cover
ed again. The closing was steady.
The Providence news. (Providence [R.I.]) 1891-1906, 1903-08-22
FRAUDULENT
USE OF MAIL
ALLEGED
Providence Youth Before Fed.
eraI Courtfor Obtaining Money
Under False PTstences.

Before the clerk OF the United States
district court this morning was brought
Samuel Whipple, young man OF this
city, charged with fraudulent use OF the
mails. II Is claimed that he is In the
habit OF sending out 70 various addresses
On Massachusetts,. letters purporting TO
come from a frm In this city In the cider
and liquor business. The firm is sup
posed to have mills in two cities In north
ern New York with headquarters here.
The writer OF the letters offers to buy
nouor barrels and use them, burt when
the barrels arrive there is no money
forthcoming. Upon investigation II was
found that there was no such firm In
existence and the letters were simply to
obtain money under false pretenses.
Charles II. Pendleton was the witness
in the case and the firm 10 whom the let
ter was sent is the 8. Armstrong COM
pany. of Somerville. Mass. The boy Is
but a youth, being only about Is years
old, and hardly seems capable OF de-
vising such scheme as II laid bare In
the examination Of the case. At the pre-
liminary trial this morning he was bound
over to the November term OF court with
bail fixed at $500 All the communica-
tons sent out from this city have been
from a Junk shop on South Water street.
where the lad had been, employed.
The Providence news. (Providence [R.I.]) 1891-1906, 1903-08-22
AMERICANS
DEFEATED
The M0R0S
After -Four Months Of Persistent
Effort Victory PachGd on
Banner Of Uncle Sans Infantry

Manila Aug. 22,-After four months OF
unsuccessful efforts TO arrest by peace
able means the Moro assailants OF Sergt.
Painter and regain the guns stolen at
the time. the American troops at day
break yesterday attacked the strong
hold OF the Datto OF Binang- Binang.
At the outset OF the attack Moro
fanatic brandishing kriss rushed at
Maj. Bullard OF the Twenty eighth In
fantry and slashed the hat on the COM
mander's head. Before he could strike
another blow. however. the Moro was
shot dead by Corp. Doyle.
The fighting lasted for half day IN
waist-dsep morass on the shore of
Lake Lanao. The insurgent fort was al
last captured.
A meteorological examination OF the
supposed case Of cholera aboard the
transport Sherman. which started yes
terday for San Francisco with several
army officers. the Tenth infantry and
l8 Filipinos bound for the St Louis ex-
position. shows that the sick soldier who
had been Isolated ashore was suffering
merely from a severe case OF cramps
The transport was thereupon released
from quarantine and sailed yesterday.
The Providence news. (Providence [R.I.]) 1891-1906, 1903-08-22

The supreme court. the highest branch
OF the order. win be In session here dur
ing the coming week, and there will he
delegates from the shores OF California
and from all points north, east and
south.
The honored head OF the order is Thom-
as F. Donahue OF this city. and the next
highest In rank. Frank Canning, also
well known resident of Providence. he
holding the position OF deputy supreme
chief ranger.
Mr.. Donahue has for the past 10 years
been prominently connected with the Su-
Epreme court. he having held a position on
the supreme advisory board for more
than six years. This is an honor that no
other lay member can lay claim 10 and he
has also held the position OF supreme
treasurer. Never has tho order. but with
one exception made such a gain numeri-
cally or financially as IL has under Su-
preme Chief Ranger Donahues admins
tratson, the increase IN membership being
about 1900 while the financial gain has
been IN proportion.
The delegates will be met at the Mar
ragansett hotel at o'clock. Monday. and
Will be given a sail TO Newport on a spe-
The Providence news. (Providence [R.I.]) 1891-1906, 1903-08-22
JAMAICA IS
IN GREAT
DISTRESS
Loan Of Sl,25O,O00 Proposed
by tho Government 10 Afford
Relief 10 Unemployed.

Kingston. Jamaica. Aug. 22.-Gov. Hem
ming has asked the imperial authorities
10 advance the colony n loan OF si25o.o 900
to assist the banana growers In restoring
their plantations. This is recognized an
being the only possible scheme by which
the damage caused by the recent hurri-
cane can be repaired. The government is
supplying work temporarily TO hundreds
OF unemployed. and local charity is reliev-
ing the others. But the distress Is still
great.
The ST. Mary Fruit association has
dispatched the steamer Astraea 10 Balti-
moro with 20. COO punches OF bananas. The
president OF the association announces
the suspension OF operations for II
months
All the United Fruit company's steam
ers. except the Admiral have been with
drawn ard several hundred employees
have teen discharged.
Colonial Secretary Chamberlain In send
ing hack 10 Hon. Sydney olivier. the Ja-
maican Colonial Secretary. who has been
on a visit 10 the United States and Cana
da, 10 tide the island over the crisis.
The Providence news. (Providence [R.I.]) 1891-1906, 1903-08-22
SHOCKED BY
NEWS OF
WEDDING
A Strange Tale Of Romance
and Tragedy Which Brought
About Death.

Philadelphia. Aug 22.-Jove in the In
man seventeen years her Junior and so
ardent that It induced her to seek him
out and propose marriage, has made two
well-known Philadelphia families the CEN
tire. of a strange tale OF romance and
tragedy.
Cecilia Marie Twibill and James Ward
Gafrney are man and wife and they say
they are happy. but as consequence OF
their union the father OF the bride Is dead
from shock, and the father OF the bride
groom has disinherited his son. after
vainly Offering him so, 900 TO relinquish
the woman.
Mrs Gaffney Is forty years old and her
husband is only twenty-three. She Is the
daughter OF George A. Twibiil, a real-es-
tate dealer at 100 Spring Garden street,
and he the son OF Thomas J. Gafrney,
who lives at t2os Chester avenue.
II was because OF the disparity IN their
ages that the parents Of both strenuous
ly opposed the marriage. but after several
fruitless attempts the pair slipped away
to Chester on Tuesday and found an al
derman. who made them man and wife.
A telegram announcing the fact was
sent to Mr.. Twibill father OF the bride.
on Wednesday night and the shock was
too great for his IS years. AS con-
sequence he died today from heart fell
ure
In the mean time young Gaffney, spurn-
ing all his fathers tempting offers 10
leave his bride OF two days. had been re-
nounced.
Notwithstanding this combination of
grievous events both he and his bride de-
clare that they are supremely happy in
their union and that nothing In the world
shall ever separate them.
The Providence news. (Providence [R.I.]) 1891-1906, 1903-08-22

Last night there was a very interest
Ing meeting OF the Numbers In their hall
at the Labor temple. After the regular
amount OF routine work was done there
were heard reports of the various com
mittees having In charge preparations for
Labor Day. Among the other things
done at this meeting was the initiation
OF several new members and the accept
ance OF several applications. The meet
ing was long and fun OF interest, but the
discussions were unimportant.
The Iron Workers met in a short ses-
sion last night at the Labor temple TO
take further action -on the preparations
for Labor Day. After those matters had
been settled the regular amount OF rou-
tine business concluded the session.
Today winds up the seventh week OF
the strike or the Journeymen Horseshoers
and the men feel proud OF the fact that
there has not been one case OF violence
or disorder reported In all that time.
When the strike was reported as settled
masters acted without authority. or else
some Of them labor under the delusiun
that the horseshoers have no power to
remove the boycott from their shops. Mr..
Hackett OF the strike committee states
that as soon as tho non-union men are
taken from the shops now on the unfair
/ list the boycott will he removed
Most OF the men not at work at pres
| ent In this city are out OF town, but
/ can be- summoned at short notice snd
the bosses supplied with men who know
/ their business and are not novices.
Agent Hs,lttt says that the union u
mal,lng strenuous efforts for a good turn.
out on Labor Day and hopes to win th'
/ prize.
/ Tho Coal Teamers' union will meet 20
/ morrow at : o'clock 10 vote on the repor
/ Of the delegates NJ the last convention
I and also 70 hear the report Of the com
mittcs on Labor Day.
The Providence news. (Providence [R.I.]) 1891-1906, 1903-08-22
The BULL
CLIQUE IS
AHEAD
They Cleared 100000 on
July Crop Alone, Not Count
Ing Their August Winnings.

New Orleans, Aug. 22.-w. p. Brown
and his associates, Il can be authorita-
lively stated, cleared 100000 In their
July cotton corner. Dan ]. Suily was not
one OF the manipulators OF the big bull
ring. While he made big winning at the
beginning OF the bull campaign, later he
thought that the time for high-price cot
ton TO decline had come, and got on the
wrong side. losing q great portion oil
his winnings.
New York moneyed meH-afe interested
with the New Orleans bull ring but they
are not necessarily cotton men. and their
names probably never will be made
known w. u. Brown was the head and
shoulders OF the ring. His two most trust
ed lieutenants were II. De l.. Vincent and
Frank b. Hayne. Vincent held more July
than any other cotton operator In the
world. and made the big end OF the money
that was cleared that month.
T. j. Majors, Mason Smith. c. c. Cor
ain and f, l.. Lonshore, also were strong
supporters OF Brown all through the
campaign" The combine made 81. 500. .0oo
on the actual spot cotton they handled.
and In the closing out OF open contracts.
where IL was impossible for the shorts
at their mercy 20 avoid being squeezed.
a sum equally as large.
They bought $4,000 bales OF cotton al
an average OF Q cents a pound. AL
though spot cotton is now selling at Il
and Ave eighths cents pound. the aver
age selling price OF the $4,000 bales by
the clique was 12 cents, or 81, 10000 gain
on the spot cotton. The cotton they
bought for 81, $4,000 they sold for 5000. :
O0O
The August campaign will net each OF
the men mentioned large amount. but
Just how much cannot now be stated.
The Providence news. (Providence [R.I.]) 1891-1906, 1903-08-22
BOTH WOMEN WON.
Recreant Husbands Must Contribute to
Svpport Of Wives,

Judge Douglas in the appellate diT-
the petitions OF two parties who are
suing for divorce for orders IN their hus-
bands estates for their support. Amelia
Kehoe. through her counsel, stated that
John r. Kehoe. who had been paying s.
week through his counsel under an
argument had become delinquent She
asked that an order that her husband
pay 81 week be granted by the court
She got her order.
Lille II. Twist In seeking a divorce
from Edward Twiss. who b. moulder.
She wanted so week for her support,
and that OF her two children. Judge
Douglas thought IS would be eufrtcient
for the children and the woman might
ask the police to interfere II her husband
could pay more Mrs. Twiss also got
an order for SIS counsel fees.
The Providence news. (Providence [R.I.]) 1891-1906, 1903-08-22
The PIN BROKE.
And Clarence Reid Therefore Sues Steam.
boat C0mpanv.

Clarence Reid. a minor. has by his
father. James Reid. sued the Providence.
Fall River and Newport Steamboat com
pany 10 recover $4,000 damages for per-
sonal injuries. Young Reid was pas
senger on the steamer Mount Hope to
Block Island on July 18th. 1909.
He alleges that the machinery OF the
steamer was defective In that the pin In
the glib holding one OF the shafts connect
ed with part OF the walking beam OF the
engine to become weak. out OF repair and
dangerous In that IL was liable to break
from It's fastenings and to cause great
injury to persons who might be on the
boat The pin broke and a partition on
which hung a plate glass mirror was torn
out and pieces Of the glass and OF the
partition flew about and struck plaintiff
in the face.
His mouth and cheek were 80 badly
cut that IL required several stitches TO
close the wounds. AS result there In
an ugly scar on young Reids face and
his face Is permanently disnsured
John w. Hogan is attorney for the
plaintiff.
The Providence news. (Providence [R.I.]) 1891-1906, 1903-08-22
IN COMMAND|N G POSITION

The second tack of shore or the third
which the boats had made In the race,
was not more than twenty minutes long
In that time Reliance gained corre-
spending position TO the windward and
ahead OF her opponent and the Amer
lean enthusiasts began TO feel that their
saipant defender barring accidents. had
the rert we'll In hand.
AS soon as she was well 10 weather ct
SiaT' ock. Reliance tackled tn-shore
again and when Shamrock. holding on
until she crossed her opponent wake
auo tscked. II looked as II Reliance was
leading by fully quarter OF a mile. After
sailing on this leg for about fifteen min
utcs. IL appeared as ~ Reliance mao
drawn still further away.
At i:25 the yachts were within hve
miles Of the outer mark
The wind stin held strong, and true
there was every prospect OF a quick run
back TO the finish under spinnakcrs.
The Providence news. (Providence [R.I.]) 1891-1906, 1903-08-22

SILENT IN
So MILLS
More Than 10000 Employees,
Including Those at OInsyvlIIs
Are Given Short Vacation.

Boston. Aug PA large number OF the
American woolen oompanys IS mills
throughout New England ara closed for
from one 10 two weeks Several were
stopped this week and others went on
their vacation schedule today.
Next week. il is estimated more than
10000 employees Of the company win be
idle. The mills on vacation include:
Washington. Lawrence. Assabet. May
narsi, Becli. Fitchburg. Beaver Brook.
Collinville. Sawyer. Of lover N. H.;
Riverside. Lebanon. n. n; Trascoma.
Lebanon. Baltic. Enfield. ~. " Burling-
ton Colchester and winoosk.. wlnooski
VT: National. Providence weybosset
and Riverside. Oineyville. r. l. Manton.
Manton, r. l.: Valley worsted. Provi-
dence Brown. Dover. Me: Saranac,
North smithheid r. l.. Ray. Franklin.
Mass
The Providence news. (Providence [R.I.]) 1891-1906, 1903-08-22
HUMBERT SECRET out.
Crawford Was intermediary Between Bis
marck and BilaIne.

Paris. Aug. 27.-In the course Of a speech
in court today Madame Therese Humbert
announced that the real name Of Craw-
ford was Regnier who was the interme-
diary between Prince Bismarck and Mar
shall ,Bazsine at the time OF the surrender
OF Notz.
There was a great crowd present at
the trial today. Among the throng were
American lawyers and tourists. The pris-
oners were brought into court at noon.
They maintained the same outward as
pect OF calm. Nine. Humbert walked In
haughtily and surveyed the crowd with
a scornful air.
The Providence news. (Providence [R.I.]) 1891-1906, 1903-08-22
BULLETINS OF the RACE

Starting time as observed from shore:
Shamrock: Lt6:D.
Reliance: HASH.
12oe p. m.--Reliance seems to be slowly
but surely drawing upon Shamrock.
12:A p. m-Race at this time Is a very
close one. both boats holding still to the
southwark on the starboard tack. They
have sailed about two miles OF the course
and the Shamrock still appears to be
leading although Reliance is close be-
hind.
about on the port tack. and is heading
for the Jersey shore.
laI2 D. m-Shamrock has come about
on the port tack. Race is very close
i,l7-Roth boats sailing very fast and
in half an hour had apparently covered
nearly Ave miles.
RELIANCE OvERTAKEs SHAMROCK
Shamrock 10 leading, for Reliance Is In
better position to windward. .....,.
n:D-Shamrock In windward position
12:4o-The Reliance has Just tackled to
starboard while Shamrock stirl holds or
the port tack
New York-12 :50.-The marking tug
John A. Scully has placed the turning
mark three miles due east of the shore
Of West End. Long Branch
OFFICIAL STARTING TIME.
sOfficiai time Of starts Shamrock
11:45:i7. Reliance. i1:4s;21
1905 p. m.-Relisnce tackled to star
board, now heading in-shore. Shamrock
continued starboard tack until tribe 70
windward Reliance's wake. when she also
went about.
RELIANCE IN THE LEAD.
I:1o D. m.-Reliance -overhauied and
passed Shamrock in windward
l:i5.pm-It looks from the Highlands
as II Reliance Is leading by three-eighths
OF mile.
AHEAD AND TO wINDwARD
Reliance is leading by nearly a quarter
| Of a mile and Is an eighth OF a mile e
the windward. IT looks as though the
boats will make the mark on this tack,
| LAB .. m.--During the last ten min
utes Reiiancs's gains have been continu
Gus and II now looks as II she was. more
than half a mile ahead.
I;se .. m.-Shamrock gone about OF
starboard tack.
I.as-Roth yachts are heading on th,
port tack In shore are about a mile ant
a half from the outer mark. Reliance hal
mile I'm the lead
RELIANCE TURNS FIRST.
1;sO p. m.-Reiiance goes on starboard
I.5i p. m.-shamrock goes on starboart
tack.
l:5 .. m.-Reliance is within half a mile
Of outer mark. leading by about three
quarters OF a mile.
Reliance turned outer mark at II 1914
Shamrock turns the outermark at 1883
HAS RACE WELL IN HAND
a:is D. m.-The boats have sailed abou
four miles OF the distance 10 the fin q
and Reliance Is leading by almost
mile and tSs the race apparently well Il
hand
REL lance GAINS MINUTES. :
SECONDS.
Reliance crossed the line at the star
four seconds after the Shamrock. turne
outer mark minutes is seconds ahead
p-ating Shamrock on the windward /
miles, minutes 90 seconds
2 n. m-Reliance sailed the windwar
leg IN . hours. 3 minutes and SO sscon Is
Shamrock covered the distance in
hours. IL minutes and 13 seconds.
Reliance heat Shamrock in the fifteen
mile beat TO windwar1 minutes and ?
sec onds.
The Providence news. (Providence [R.I.]) 1891-1906, 1903-08-22

She was on the starboard tack some
d.stance TO the weather Of Shamrock and
slowly b1t surefy out-footins the latter.
At l2:b4 the boats were still holding to
the south on the starboard tack with Re-
hance apparently In the lead by short
distance. The yachts at that time had
sailed moro than half way 20 the outer
mark.
After getting into a good position OF
Shamrock's starboard bow Reliance at
1880 tackled to port and headed in-shore.
Shamrock continued on the starboard
tack until trtne to windward on Re
liance's wake when she also went about
and headed for the Jersey coast