davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1903-06-30
Opinion by Dowdell, J.
SPARKS EFT AL V. THE STATE.

SPARKS EFT AL V. THE STATE. Indictment for Murder.-Appeal from the
 City Court of Montgomery.
 1. Dying declarations; when properly admitted.-When person is mortally wounded and while lying on the ground in a helpless condition. states to a person who comes uY to him: '1 am shot to dcath; cannot live there is lald a proper predicate fQr the introduction. of subsequent statemt nts by the deceased as dying declarations; and the dying decla- rations In which tiie deceased stated the circumstances of the killing and what he was doing at the time the fatal shot was fired, are admissible in evidence as a part of the res gestae and as shedding light on the main fact of the killing.
 2. Indictment for murder; conspiracy; charge in reference thereto.-On the trial of two defendants under an indictment for murder. where the evidence shows that the defendants had burglarized a store and that the fatal shot was fired by one of the defendants while the other was inside of the store, a charge is er- roneous and properly refused which in- structs the jury that if they do not be- lieve beyond a reasonable doubt that the defendant who was in the store at the time of the killing had formed a conspir- acy with the other defendant to kill the deceased, then they must acquit the de- fendant who did not fire the fatal shot. of murder in the first degree.
 Affirmed.
 Oninfon hv HaraIson T.
The Montgomery advertiser., 1903-06-30
CHEAP RATES VIA L. 6 N. R. R

springssand Pueblo.
 S65.55 Round Trip. Glenwood Springs sb6. .65 Round Trip, Salt Lake City and Ogden, Utah.
 Tickets at the above rates on sale at Montgomery daily until Sept 30th. good for return until October s1st.
The Montgomery advertiser., 1903-06-30
adv-tf

Some Comfort.-The Fiend-Yes, sir: I have run over nearly ten people with that automobile. Friend-Did any of them es- cape with their lives. Fiend-Oh, yes: but they'll never be the same agaln.-Life.
The Montgomery advertiser., 1903-06-30

Low round trip rates to and from all points account of Fourth of July cels- bration.
 Tickets on sale July 2nd. 3rd and 9th. Return limit July Sth.
 W. L. Beasley.
 Passenger Agent, adv-tf Montgomery. Ala
The Montgomery advertiser., 1903-06-30

$2A.9 Detroit. Mich. and return. Tickets on sale July 1Ath and 18th. Proportionately low rates from all other points.
The Montgomery advertiser., 1903-06-30
KING V. THE STATE.

Indictment for Murder.-Appeal from the
 Criminal Court of Jefferson.
 l. Indictment for murder; when charge as to means of homicide may be in the alternative.-Under the statute. when an offense may be committed by different means, it is permissible to charge the means by which the homicide is commit ted by alternative averments in one count.
 2. Same; same; sufficiency thereof When the means by which an offense Is committed are charged in the alternative each alternative charged must describe the means with the same defihiteness or particularity, as 1t required if the charge had been made in a separate count, un- less 1t afirmatively appears in the indics- ment that the instrument or means used to effect the offense was unknown to the grand jury.
 3. Same; same; case at bar.--An indict- ment which charges that the defendant urlawfully and with malice aforethought killed a certain named person "by hitting him or by striking him with miners pick, or by stabbing or cutting him with a. knife: or with some sharp instrument to the grand jury unknown. against the peace and dignity of the State of Ala bama is sufficient and not subject to de- murrer.
 Affirmed.
 Opinion by Sharpe J.
The Montgomery advertiser., 1903-06-30

$2s,65 Montgomery to Jamestown. Lake wood or Mayville. N. Y, and return (for Chautauqua. N. Y.). Tickets will be sold July End and 22rd. goor for one month from date of sale for return. Correspond ingly low rates from other points.
The ranch. [volume] (Seattle, Wash.) 1902-1914, 1903-12-01

Tobacco stem decoctiOn. Tobacco
stems or dust may be purchased from
cigar manufacturers at very reason
able price. They should be put in
cold water, heated to boiling point
and boiled for half or three-quarters
of an hour. The decoction is then
diluted to make from two to five
gallons of spray for each pound of
stems. The preparation should be
used before it becomes sour or stale.
Kerosene emulsion. This may be
used in proportion of from one gallon
of oil to fifteen of water, to one to
twenty-five.
Whale oil soap and kerosene emul-
sion are liable to injure the foliage
when used in strong solution. Prob
ably the tobacco pre- operations are SAT-
est where these are needed.
Green apple house. This is arther
difficult to kill. 1t may be treated
with whale oil soap in the proper
ton of one pound of soap to six gal
Ions of water; tobacco stem decoction,
one pound to three gallons, or kero-
sene emulsion, one to fifteen. 1t is
best to spray before the lice have
caused the leaves to roll or early in
the spring when the lice have just
Matched.
Green plum louise. Use tobacco stem
decoction, one pound to four gallons,
or tobacco soap, one pound to twelve
gallons.
Black cherry louise. Is conspicuous
for it's color. 1t is rather hard to kill
Apply the stronger strengths of any
of the insecticides named above.
Snowfall louise. Lives in the young
buds and curls the leaves in such
way that it cannot be easily seen
spray the buds in the spring with
whale oil soap, one pound to eight
gallons.-S. Arthur Johnson Colorado
Exp. Station
The ranch. [volume] (Seattle, Wash.) 1902-1914, 1903-12-01

ers by this home building movement,
and they have contributed largely to
the success of the movement. Some
of them have land to sell, it is true, but
the profit from the sale of the land
is as nothing compared to the annual
traffic resulting from the establish
ment of innumerable homes. The rail-
roads might sell the lands to cattle
men. but, as a matter On business, it
would be far better to dona.o them to
settlers living on irrigated farms. The
manufacturing and jobbing interests
of the east have also contributed to
this work, as they believe that in the
West is the greatest home market for
manufactured products.
1t has sometimes been held up as
a reflection against the advocates OF
national irrigation that the great rail-
roads and the manufacturers Of the
East are interested and have contrib
uted time and influence to the cause,
but in this direction the interests OF
the people of the country and that OF
the railroads and industrial organiza-
tons are identical-namely To bring
together the man who is seeking
home and the opportunities for making
one.
Private enterprise has by no means
ceased as there are many localities
where irrigation works can be and
are being built by individuals and cor
porations, but the great works can
never be commercially successful, and
vast tracts of fertile land will be con-
demned to sterility unless the gov
eminent intervenes, as it is now do
ing, through the operations OF the
reclamation law. If this law is sue
cessfully administered, thousands OF
prosperous homes will be made in To-
calities now waste and desolate, and
the commonwealth strengthened by
the addition of conservative, pros
porous class of citizens.
The ranch. [volume] (Seattle, Wash.) 1902-1914, 1903-12-01

visited one of these gardens. Although
it was vacation time, the garden gave
evidence of a good deal of care on
the part of some of the pupils. 1t
also gave evidence of as much neg
lect on the part of others. There
were about so plots in all, each about
8X10 feet square, laid off ON a vacant
lot in the southern part of the city.
The common field and garden crops
we're used, each pupil growing the
same crops as his neighbors and in
the same relative position in the plot,
thus giving chance for good COM
parative and competitive work. On
the whole it may be said that in this
case the scheme was only partially
successful but it marks movement
in the right direction.
One of these gardens is to be in
operation during the coming exposi-
ton in connection with the open air
exhibit of the u S. Bureau of Plant
Industry. Prof. H. d. Hemenway, di-
rector of the School of Horticulture
at Hartford, Conn, is to have direct
charge during the season. The ground
for this purpose has already been laid
off into play ground lawns and plots
for cultivation Each of these plots
will be assigned to one of the pupils,
who will be responsible for it's care
and cultivation during the summer.
This exhibit promises to be one of
the most attractive and instructive on
the grounds.
l may add that Prof. Hemenway has
lately published book entitled "How
to Make School Gardens" which l
have examined. 1t is very complete
and full of valuable information and
ought to be read by every teacher in
the country.
The ranch. [volume] (Seattle, Wash.) 1902-1914, 1903-12-01

Walcott had a long conference re-
Gently, going over all the details OF the
project and planning the matter OF
letting the contract for the actual
work of construction of the reservoir
dam. All preparations will be made
to get the work of construction on the
large dam started early in the spring
The wafer users under the Tonic
dam form a small political body much
like a municipal government. No one
is allowed to participate in the or
ganiZation which controls the water
unless he owns stock, is twenty-one
years old, and of sound mind. Each
share of stock has one vote in the
choice of officers, and no owner is
permitted to vote more than lou
shares. The corporation will elect
officers and be governed by a council
of thirty members, one-third OF which
is chosen each year. The president
and ten members constitute board
of governors who have immediate
charge of the dam and the distribu-
ton of wa er equitably to all members.
The ranch. [volume] (Seattle, Wash.) 1902-1914, 1903-12-01
PRELIMINARY WORK ON TONIC
BASIN DAM TO BEGIN WILL
SUPPLY 100000 ACRES.

Secretary Hitchcock has issued an
order, which will turn the first shovel
full of earth in the great work OF estab-
fishing irrigation works throughout
the West, under government auspices.
He formally directed the head OF the
Geological Survey, Mr.. Charles d. Wal
colt, to begin work on the Tonic Basin
dam on Salt River, in Arizona, at the
junction with Tonic creek. The hrst
step will be to make contracts Tor
buildings for the force and the ma
chinery that will be employed on the
work. A cement plant is to be estab-
lished, a temporary steam plant put In,
repair shop built, saw mill set up, an
electrical power plant installed, trolley
line built, telephone line strung, and
a power canal dug about two miles
long.
This canal is a unique feature OF
the enterprise Going up stream two
miles a dam is to be built and canal
led down to the site of the proposed
reservoir dam, where the water Will
be used to furnish power for the troll
lev road, the saw mill, cement works,
and other parts of the working plant.
The reservoir dam will cost over 81
600 900, and it is estimated that 1T Will
take two or three years to complete
it. The reservoir will be lake elgh-
teen miles long, from half mile
to one and three -fourths OF a mile
wide. and the water supply will 1rrl-
gate 100000 acres. All the owners
of land in the territory below, which
will be irrigated, have joined in the
water users cooperative association
under an agreement with the govern
ment to pay back the cost OF the dam
through a period of ten years. The
value of the shares of stock in this
company is fixed at SIS Each land
owner receives one share OF STOCK Tor
each acre of land he has.
Planning the Details.
A. P. Davis, member OF the Geo
logical Survey, is at Phoenix to take
charge of the business of letting con-
tracts for the preliminary work au-
thorized by the Secretary of the In
terror. Mr.. Hitchcock and Director
The ranch. [volume] (Seattle, Wash.) 1902-1914, 1903-12-01
SCHOOL GARDEN AT THE 81
LOUIS EXPOSITION.
d. A. BrOdie.

While the school garden movement
in America is of recent origin it is
rapidly growing in popularity, and al
ready a large number have been es-
tablished in various parts of the coun-
try, and are proving very successful.
One that has made pronounced sue
cess, is that established by the Cash
Register Co., at Dayton, Ohio. An
other is being carried on at Hartford,
Conn, in connection with the School
of Horticulture there. In the city of
st. Louis one or two have been start
ed under the supervision of the Civic
Improvement Society. In company
with Mr.. w. l.. Amoss, director Of
Farmers Institutes for Maryland,
The ranch. [volume] (Seattle, Wash.) 1902-1914, 1903-12-01
PLANT LICE.

PLANT LICE.
The abundance of plant lice during
the past three years has led to num-
Der of experiments at the station
which have covered wide range OF
insects and insecticides. The results
indicate that proper methods Will
keep these pests under control.
Plant lice are tiny insects usually
rounded in form and provided with
two little tubes which extend upward
and backward from the abdomen.
Lice live upon the juices of plants by
thrusting their bills through the cpl
dermis of the tender twigs and leaves.
The first brood in the spring is pro-
duced from eggs which are laid the
previous fall. The older generations,
except the last, are females born
alive, and as these young begin imme-
diately to suck juices and soon bear
other young, the number which may
result in a single season from the
Matching of one egg is almost lncredl-
BILE. The first generations are wing
less and live not far from the place
where the eggs Matched. In time,
however, winged individuals appear.
These fly to new feeding grounds
and are the chief source of distr1bu-
tion Most lice are green and escape
notice, but some are made consplcu-
Gus by their colors The last brood
in the fall lay eggs. These may be
seen after the leaves have fallen as
tiny black oblong objects on the limbs
and about the buds. An abundance OF
these indicates that watchfulness will
be needed the following spring.
Generally plant lice are kept under
control by their enemies, chief of
which are the ladybirds and surplus
flies. Adult ladybirds may usually be
recognized as oval red beetles spot
ted with black. The larvae are OBJ
long, rough and commonly notified
red and black They have three pairs
of legs and distinct head.
The eggs are yellow and laid in
patches where lice are abundant.
The surplus fly larvae are smooth,
green or greenish white and without
distinct legs and head. The wings are
white oblOng bodies which are laid
singly on the leaves of infested plants.
Where the enemies are abundant they
will destroy the lice and spraying is
unnecessary.
From the manner of their feeding
it is impossible to kill plant lice with
poisons. 1t is necessary to employ
some substance which will kill by con-
tact and to apply it very thoroughly,
for every insect which escapes the ap-
plication remains to repopulate the
food plant. These precautions are
valuable: 1. Spray upward with force
so as to wet the under side OF the
leaves. 2. Spray before the winged
forms appear to prevent distribution.
Among the best insecticides are:
Whale-oil soap. This must be dis
solved in boiling water, after which
it is diluted in the proportions OF one
pound of soap to from six to twelve
gallons of water.
The ranch. [volume] (Seattle, Wash.) 1902-1914, 1903-12-01

Are you interested in getting the
most for your money it will possibly
buy? Simply send postal to F. A.
Jones, Cash Store, Portland, Ore, and
ask to send their price list to you. 1t
will post you up on what the latest
and lowest prices are. Jones can save
you money on good many things you
buy. He is long established and reli-
able.
The ranch. [volume] (Seattle, Wash.) 1902-1914, 1903-12-01

Quality is as important, and should
be just as earnestly sought after, in
the products of the farm. The farmer
should make it a close study how to
put his stock and every product of his
farm, in the best possible shape for
market.
The ranch. [volume] (Seattle, Wash.) 1902-1914, 1903-12-01

Begin with good stock. You will
never regret the extra money it will
cost you to start right in that re-
spect.
The Superior times. [volume] (Superior, Wis.) 1870-1912, 1903-04-25
NEW PASSENGER nEP0T
lhe Northern Pacific will Build New Depot
at the East End this Summer,

The numerous articles which have
appeared in the Tines and other pa
pers of the city during the past year in
regard to the disgraceful old building
used as a depot at the East End by
the Northern Pacific road, in con
junction with the recent action taken
by the Chamber of Commerce, seems
to be producing the desired result.
The Chamber of Commerce at re-
cent meeting passed resolutions put
ting forward the condition Of affairs
existing in connection with the North
ern Pacific passenger depot a; tbs
East End, and local agent f, G. Jack
son notified the officials of the road
and they evidently gave it prompt at
tention AZ IA letter from Mr.. Jackson
to W. II. Webb which was read at the
last meeting of the Chamber stated
that the plans for new structure
have been drawn and accepted and
that ii the people OF this city will have
little patience they will have de
pot at the East End that will be II
credit to the place.
AS it is over two weeks since the
plans were accepted it will not be
long before the building is started. 1t
is not known whether the II wv struct-
ure will occupy the site of the present
The Superior times. [volume] (Superior, Wis.) 1870-1912, 1903-04-25
MUST PAVE WEST FIFTH STREET
The Chamber of Commerce says the Work
Must be Done this Summer

"The trouble with the council has
been that it hasn't had any backbone
1t has had no conviction which it has
been ready to carry out. 1t has been
afraid to do anything for fear OF the
bearing the action might have or
election 1t has been afraid to give
the Highland company a franchise
and 1t has been afraid to push paving
matters with any persistency."
1t was reported to the Chamber that
Mayor O'Hare had had half day ses
sion with representatives of the street
car company regarding paving be
tween the tracks on West Fifth street,
but that he had been unable TO per
suade the company to do any thing.
A committee from the Chamber
will meet with the board of public
works and try and arouse them to
action in this matter The citizens
here are alive to this matter and some
thing must be done to improve this
m portant thoroughfare.
The Superior times. [volume] (Superior, Wis.) 1870-1912, 1903-04-25
GRAIN BILL DEFEATED
The Wisconsin Grain Inspection Bill Lost
BY One Vote in the Senate

position but Thursday he stated in
voting that if the bill was to be bur
led he did not care to be one of the
pall5earers. On the other hand, Sena-
tor Whitehead, who voted with the
friends of the bill Wednesday, switch
cd to the opposition Thursday, as had
been expected, his vote making the
necessary margin of one for the op-
position.
The debate on the hi was the most
spirited the senate has seen. Senator
Hudnall led the forces for the bill and
and also closed the debate for that
side. His final presentation was ex-
ceptionally eloquent and forceful and
the argument for the bin could not
have been presented TO better advant.
age.
The action of Senator Ruekua in
giving Superior his support at the
final vote is fully appreciated by the
friends of the bill. Every expression
of qualification for his action has been
given the Senator by the Superior
people. Nothing they can do is too
for him.
The Superior times. [volume] (Superior, Wis.) 1870-1912, 1903-04-25

Paris is full Of counterfeit coins, and
the cabmen make use of them quite in
geniously. You take two frame hacre
ride, and when YOU reach your hotel
you in the generosity Of your heart
give the cabman 3 francs.
You have just got within the vesti-
bule when you notice the cabman has
followed you
He apologies, but the coin you have
given him is bad You look at It, Yes,
it is bad. 1t is nothing but bit Of
lead
You are pretty certain in your mind
that it isn't the coin you gave the man
which in ninety-nine cases ont of a
hundred it isn't-but you don't care to
haggle in a hotel corridor and be SUBJ
jected to the ignominious glances Of
other folks as a foreigner who gives
poor French cab drivers bad money. so
you take the bit OF lead and give a good
coin.
OF course the cabman has changed
the coin. You gave him perfectly
good three franc piece at the start,
which he has in his pocket, and he has
bluffed you into giving him another 3
francs In exchange for useless bit OF
lead To visitors to Paris let this be Il
warning.
The Superior times. [volume] (Superior, Wis.) 1870-1912, 1903-04-25
ALL IN WORKING ORDER
Mayor O'Hare Fills all Vacancies and City
Administration Ready for Business.

The new City Council NIT for the
first time Tuesday evening. Charles
Flagstad of the Ninth ward was elect
ed president on the second ballot.
Mayor O'Hare made several appoint
ments, and the spring changes in the
city administration are as follow:
President of council, Alderman
Flagstad
School commissioner, Eighth Ward
DR.. l.. A. Potter.
Assessor, John A. Kelly, Sixth ward
Park commissioner Robert Kelly,
Members board of public works,
Andy Newburgh, First ward, Claus
Johnson, Fifth ward.
Council standing committees:
Finance-Cowie, Heule, Crumpton.
Judiciary and taxation Morisset,
Tiedeman, Chadwick.
Auditing and claims s-Tiedeman
Mooney, Thorne.
Streets and bridges Hislop, Cowie,
McGlnnis.
Drains and sewers -Bessaw. Lea
mon, Morisset.
Harbors docks and railways
linson, Mcclure, Kane.
Light and water-Kane, Shafer,
Bessaw.
Parks, charities and cemeteries
Comiskey, Crumpton, Eck5trom.
License and markets Chadwick,
Mcclure, Cowie, Kane, Leamon.
Police-Snafer, Schuster, Thorne
Fire department Mcclure, Comis-
key, Shafer.
City property-Flagstad, Mooney,
Comiskey.
Printing Schuster Chadwick Tiede-
man.
The Superior times. [volume] (Superior, Wis.) 1870-1912, 1903-04-25

Here are six Views on Tia" end of the
world that have been given out hy cmi.
ncnt scientists during recent years
The land surface Is diminishing; the
human race viii be finally drowned
lee Is accumuIating at the north pole,
scmr day the earth win fall ont of bal.
ancr and man w,ll br utterly annih
lutcd by the rush of moving 0biccts.
The earth Is gradually approaching
the sun. the last man win therefore
finally hc roasted alive.
Water is slowly growing scarccr; in
the ages To come all human beings and
animals will perish for th" want of u
drop Of moisture to cool their parchcd
tongues.
with the beginning Of the year 3oVn
A. u. man VIII commence to retro
grade ana viii finally come 10 b" It
creature no larger than n plant luusc.
The sun Is burning up, rs she coolS
the carth's glacial zones Will enlarge,
and the last remnant of humanity Will
be frozen ia n heap.
The Superior times. [volume] (Superior, Wis.) 1870-1912, 1903-04-25

Science has demonstrated most con
clusiyely that mental and nerve power
s dependent upon food containing
phosphorus.
1t is but natural that the same laws
which apply to the muscular system
should apply likewise TO the brain. For
instance. wheat contains phosphorus,
which II gets from the soil and In the
absence OF which II could not live.
Wheat is supposed to supply to the
bumnn system the elements II gets
from the soil Since tue action or the
mind is dependent on phosphorus,
wheat, fish. cheese, on tIneal AMI barley
can be regarded as brain foods
II is a well known fact that the brain
contains phosphorus In proportion to
It's power Of producing mental effort
and that this element must be supplied
In proportion to mental activity.
so II can be readily seen that one :
mental education tegins In the dining
room as we'll as In the classroom. -
American Queen.
The Superior times. [volume] (Superior, Wis.) 1870-1912, 1903-04-25
81. 90 AYEAR.

one or not but It Is generally believed
'hat 1t VIII as the present location is
Que oi the best that can be secured
as the street car runs in front and the
" '''''''''
Inns Is good news to the East End
VINO nave long felt the ignominy
thrust upon them by being Obliged to