davidaulloa/AmericanStories huggingface dataset:
The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1903-03-06
Nervous Debility

etc., which gradually wenkcns md
the Il ue nature OF his trouble. Ner,
the eyes, dependency, etc., often ar,
neglected serious results arc sure to
symptoms Of weakening of his mani
under my sklllful treatment you will
hood. Whether you consult me or n
ready-made medicines, FREQ samples,
the body are involved. and only an
booklet, Nervous Debility and Its
The Montgomery advertiser., 1903-09-10

srs of parts of lots 1 ana 3. blocks .. .. q q and e in addition four to Deca- tur, Alabama.
 H. soi. To amend Section of an act entitled an act to define the corporate limits of the city of wetumpka, approv- ed Feb. IS. 1891.
 H. sSs To prevent any person from
 hunting or fishing on lands not his own in Beat. No. l4. in Tallapoosa county
 without the consent of the owner or person having control of the same. H. Al. To authorize the Court of County Commissioners of Hale county to issue bonds for the purpose of payink off and discharging the old bonds of said county.
 H. s42. To establish an inferior civil court for Mobile county. H. s37. To establish the office and provide for the election of county treas- urer for Lowndes county s. 246. To abolish the office of notary public ex-offlcio justice of the peace fin Beats l. ?. 3, {. 5. and six in Montgomery county.
 5. l36. To ratify. confirm, and declare and render valid and legal the election of member of the county court of commissioners for the First district. and
 member of said court for the Fourth
 district in Lamar county. H, 669. With amendments)-To au-
 thorize the Court of County Commission CTS or Board of Revenue, or court of like Jurisdiction, in the several counties of
 the State to cause elections to be held in such counties for the establishment of separate stock districts, which may
 hereafter be established. the suspension
 of the same. and to cause elections to be
 held for the repeal of the same. H. TO With amndment)-To create
The Montgomery advertiser., 1903-09-10
Yung's R Restaurant 20 North Court Street,
 The Racs For Every Deiicacy Of Land and Sea.

On trial under an indictment for mur- oer. where the evidence shows that the wite or the defendant and the wife of the deceased were involved In a quarrel. and that after the wife of the defendant struck the deceased's wife, the deceasei interposed. and the defendant then struck tne oeceased the fatal blow. charges wnicn authorize the jury to find that the aerendants wife was not at fault in bringing on the dif1culty between herself ana the deceased unless she had comnit- tea some overt act against the deceased. she had provoked the dif- hculty with him by her attack on his wife. are misleading and properly ref,s 4
 '. Same; same. .-Tn such a case. the dc fendant's right to strike in defense of the
 ife Of his wife. depended on the r.ght of ms wire to strike without regard to his Knowledge of who brought on the difiscul ty. and charges which instruct the iurv to the contrary are erroneous and proper ly refused.
 9. Same; same.-In such a cage tre fac. that the defendants wife was fin dancer of great bodily harm did not authorlze the defendant to strike the deceased. un less the defendants wife WIS withou, fault in bringing on the difficulty Fnd could not retreat without increas,ng he- peril: and q charge which Ignores such tendency of the evidence is erroneous and properly refused.
 10. Charge as to duty of court to recon cile testimony.-A charge is erroneous and properly refused wbich inst-ucts the jury that you must reconcile the testf- mony so as to make all the witnesses speak the truth and if vou' oan so recon cile 1t upon a reas1nabe hyDothesis of defendants innocence. you must acqult him.
 II. Homicide: charge of court to iurv.-- On a trial under an indictment for mur- der. a charge Is erroneous which instrrct, the jury that you may find the defend ant guilty of murder in the first dexree or second degree or of anslaugbter in the first or second decree or of assan't ar you may acquit him a'tozether Of any crine:" such .charoc emitting ts state The elementary oi the different grades Of rom. icide referred tn therein. and also to mis- lead the jury to the coneluslon that n conviction of any one of .ts- offenses named would. in the opinion of the court be proper.
 12. Charge as to s,r+Ticiencv of evi1erce In the trial of criminal case "A e,.arre Is erroneous rnd nrope-ty refused wh' eh instructs the jury that "every ore chars- ed with the commission of an offense against the law is presumed innocent un- til his guilt Is established: ard the evil dence to induce convIctoin should rot be a mere preponderance of probabilities, but it should he so convincing as to lead the mind to the conclusion that the ae- cused can not be innocent" such charge exacting too high degree of proof.
 13. Homicide: charge as to self-deferse. On trial under an indictment for mur- der. charge nsserts a correct propesi- ton vf law and is free from error which instructs the jury that '-the essential e'e- ments of elf-defense are first. That the defendant was free from fault. must not say or do anything for the purpose of
The Montgomery advertiser., 1903-09-10

provoking the difficulty nor be unuind-
 rul Of the consequences in this respect.
 or any wrongful word or act; second
 There must be a present impending peril to life. or danger of great bodily harm, either real or SO apparent as to create
 bona fide behef of an existing necessity, third. There must be no convenient or reasonable mode of es:ape by retreat or by declining the combat with safety.''
 l4. Same; charge as to malice.-On trial under an indictment for murder, a charge asserts a correct proposition of law and Is properly given at the request or the State which instructs the jury that Tn case of homicide the law presumes malice from the use of deadly weapon, and casts on the defendant the onus of repelling the presumption of malice, un-i less the evidence which proves the killing shows also that 1t was perpetrated with. out malice; and whenever malice Is shown and is uurebutted by the circumstances or the killing. or by other facts and evi- dence. there can be no conviction for any degree or homicide less than murder.'
 b. same; charge of court to jrry.--On trial under an indictment for murder, a charge is free from error which instructs the Jury that when one is menaced with an assault the following inquiries present themselves: First. Is he free from fault m bringing oh the difficulty. Second, Is there reasonable ground and room from escape from injury. Third, Is the threat ened assault of such nature as if perpe- trated 1t is likely to produce death or the gravest bodily harm"
 le. Indictment for murder; charge as to 1ustifiabie homicide. q trial under an indictment Tor murder, where the de- fense Is that the fatal blow was struck by the defendant to prevent the deceased rom killing his wife, charge asserts correct proposition of law and is properly given at the request of the State which instructs the ury that the right of the defendant to defsnd his wife was as ex- tensive with the right of the wife to de- fend herself and he had not the right to take life to save hls wife from the con sequences of an assault he Gnew his wife had provoked and brought on."
 IT. Same; charge as to murder.-On trial under an indictment for murder. a charge is free from error and asserts 9 correct proposition of law which instructs the jury thaI If they find from the evil dence in the case beyond a reasonable doubt that the defendant killed the de- ceased with a wickedness and depravity of heart towards the deceased. and the killing was determined on beforehand and after reflection (for however short time before the fatal blow was struck. is ina- materiaD. then the defendant is guilty o4 murder in the first degree.
 Reversed and remanded.
 Opinion by Haralson. J.
The Montgomery advertiser., 1903-09-10
sHERRILL V. THE srArr.

Indictment for Murder.-Appeal from the Circuit Court of Franklin.
 l. Evidence of flight what facts not provable. While the flight of one who has committed an offense is admissible in evidence on his trial as an evidentiary fact in the nature of an implied admis- sion, it Is not competent for the defend- ant to prove that while he was away from the State he wrote to the sheriff and stated that he would at a certain time return to the State and surrender himself.
 2. Homicide; admisslbility of evidence as to place of killing.-On a trial under an indictment for murder, where there was evidence for the defendant tending to show that the place of the homicide could be and was seen by certain wit nesses examined by the defendant. from where they stood in a field at the time of the killing, and the State, in rebuttal. sought to show by a witness who was not present at the time of the killing that the difficulty could not have been seen by the defendants witnesses owing. to ob- structions in the way. the testimony of such witness Is not admissible where 1t is not shown that he made his observations from the same point where the defend ants witnesses testified they made theirs.
 8. Indictment for murder; defense of justfiable homicide; charge of court to Sury.-On a trial under an indictment for murder where the defense interposed is that the defendant struck the blow which killed the deceased to prevent the latter from killing the defendants wife, who had assaulted the wife of the deceased. in order to invoke the doctrine of justifi- able homicide the defendants wife. as well as the defendant himself, must have been free from fault in bringing on the difficulty, and charges which so instruct the jury are free from error.
 4. Charges which are confusing. mis- leading and abstract are properly refused.
 5. Charges as to reasonable doubt.-ln a criminal case. a charge which instructs the jury that they should acquit the de- fendant unless the evidence excludes every reasonable supposition but that of his guilt. asserts a correct proposition of law and should be given at the request of the defendant.
 6. Homicide; charge as to self-defense On a trial under an indictment for mur- der. a charge which refers the question of self-defense which Is one of law. to the fury. is erroneous; and. therefore. charge which instructs the jury that 'if the plea of the defendant-wbich is that of self-defense of the life of his wife-is sustained by the evidence. it dos not make any difference whether the defend ant struck deliberately or in passion. 1t would be the duty of the jury to acqult the defendant" is properly refused.
 T. Homicide; charge of court to jury
The Montgomery advertiser., 1903-09-10

ceased at the time of the shooting, called Tor irrelevant and impertinent evidence and Is properly overruled.
 '. Evidence; voluntary confession.- Where the officer who arrested the person charged with tthe commission of an of- fense testifies that at the time he made the arrest he was armed. but did not make any threats or offer any inducement or hope of reward to the defendant, and that upon defendant asking him if he was going to be killed or hung he told him that he was not and was only going to be put in jail. a confession made by the defendant to such officer is shown to and the fact that the officer was armed and the defendant was frightened or ap- prehended that he would be killed or hanged does not render the confession in- voluntary.
 8. Homicide; admissibiiity of evldence- On trial under an indictment for mur- der. where a witness for the State testi- fies that on the afternoon of the killing at a certain hour he saw the deceased at saloon and that he was drinking, it Is competent for the State In rebuttal ta show by the father of the deceased that on the afternoon of the killing he was engaged in the performance of work at a place different from the saloon designated by the States witness.
 .. CuafB6 OI COuEL tO JuTys when error to refuse charges which are repetitions Of others given.-It Is not error for the court to refuse to give a charge at the request of the defendant which is a sub stantial reptition of a charge previously given to the jury.
 TO- Homicide; charge as to Cne's retreat ing from his own dwslling.-On a trial under an indictment for murder where there is no evidence tending to show that the defendant was at the time of the kill ing in his own dwelling or place of bust. ness where he was employed, charges re- quested by the defendant which instruct the jury that a person attacked in his own dwelling house or place of business is not required to retreat. are erroneous and properly refused.
 Il. Same; sane.-On a trial under an indictment for murder a charge Is proper ly refused as being a mere argument which instructs the jury that Although the defendant may not have established sor made good his plea of self-defensc. still you would not for that reason alone be required to convict him of murder in the first or second degree. but you might find him guilty of manslaughter in the first degree."
 Affirmed. Opinion by Tyson, J.
The Montgomery advertiser., 1903-09-10
..Ths Blsfhplnss q cut prIos.. .
The V'hy Of it al

The Jacobs Pharmacy cuts prices from prin- ciple not from necessity. From the beginning If this business, over twenty years ago, it has been cut price store. We have never, never will, charge full printed prices for drugs and medicines as the Montgomery druggists have been doing for years. With our immense volume of busi- ness we buy goods direct from the manufactures, and, in many instances, goods are manufacturcd exclusively for our trade. Sundries and Toilet Articles are bought direct and imported. IA result, we are in position to sell the goods usual- y carried in drug stores at from s per cent to so per cent less than the average store. Jacobs' Peerless Price Pace can't be matched by competi- ton. To every single remedy cut by other drug- gists, you will find hundreds here. Get our price list-it will tell the tale.
The Montgomery advertiser., 1903-09-10
STEVENS V. THE STATE.

Indictment for Murder-Appeal from the
 Circuit Court of Colbert.
 i. Trial and it's incidents; right of con in the trial of a criminal case the defendant asks for continuance on the ground of the absence of five ma terial witnesses, four of whom had not been summoned although subpoenaes hSd been Issued for. them, and one of whom, though summoned. did not appear and 1t is shown by the court that the de- fendant had six witnesses present, 1t can not be stated that the court in refusing a motion for continuance abused it's dis erection.
 g. Homicide; continuance; res gestae.-- On a trial under an indictment for mur- der, a statement made to his brother by the deceased immediately after he was shot that "I am killed,' Is admissible in evidence as a part of the res gestae and as tending to give character to the act of the defendant.
 g. Homicide: admissib!lity of evidence as to position of deceased.-On trial un- der an indictment for murder, where the physician who attended the deceased af- ter he was shot, testified that the bullet entered the right arm below the elbow and passedff directly through 1t. it Is com petent for a witness to testify in answer to a question that by reason of the range of the bullet it was impossible for tho deceased to have had his pistol presented or his arm extended towards the defend ant at the time he was shot, and that the deceased's arm could only have been hanging by his side or extended straight m. 10 have received such a wound; and, further, that from the other wound re- ceiyed. he could not have been facing the defendant at the time of the shooting; such testimony being but the statement of physical facts and relevant to the question raised by the plea of self-de- fense.
 4 Evidence; admssibility of dying dec Iarations.-Where. after being shot, a per son is told by his attending physician and bv his father that he Is going to die, the statements thereupon made by him as to the circumstances of the difficulty which resulted in his death. are admissible in evidence as dying declarations.
 5 Admissibilty of evidence.-On a tria! under an indictment for murder, where inc defendants witnesses testified that he saw the deceased during the afternoon of tba killing and that he was drunk, though not so drunk that he could not walk the court does not err in sustain inc an objection to the question asked sajd witness as to what the deceased was dojrq in indicate that he was drunk or drinLinp. the evidence called for by such question being lrrelverant and Imperti- nent.
 same.-On a trial under an indict- ment for murder, where the officer who arrested the defendant testifies to con fessions made by the defendant, ques- tion nropounded to such witness on his cross-examination asking him if he was moi. as an officer, looking for the de-
The Montgomery advertiser., 1903-09-10
THE HOUSE.

Bills were introduced and referred as indicated:
 H. sss. By MT. Arnold-To amend Sec ton 19 of An Act to establish a uniform system for the examination and licensing of teacher c.of public schools, approved FebruaryTlo 1sss, amended February 8, i0n." Education.
 H. s94. By MT. Arnold-To consolidate the Circuit Court of Calhoun County and the City Court of Annlston into one court and declare the powers and Jurisdiction thereof and to provide judges and officers therefor and regulate the practice and proceedings therein. Judiciary.
 H. S95. By MT. Delony with notice)-
The Montgomery advertiser., 1903-09-10
THE SENATE.

Bills wers introduced and referred as 6. ssi. By MT. Hipp-To amend Sec ton 10 of an "act to establish uniform system for the examination and ncens- ing of teachers of public schools Ap- proved Feb. 10. 1899; amended Feb. 8. 19U." Education.
 6. 46a. Aiso--To regulate dealers in trading stamps. or merchants trading checks. Judiciary.
 g. 46s. By MT. Blackmon-To author ize the Governor of Alabama to remove constables from ofice for neglect of duty, and to provide for the punishment of such constable acting after notice of his removal by the Governor. Revision of Laws.
 s. 4s4. By MT. Long TO authorize and require the Comrnissioners Court of Hem ry county, to lay off said county into four commissioners' districts; and to au- thorize the Governor 10 appoint a com missioner for the district in which there is no commissioner. Local Legislation. S. 465. By Mir. Blackmon-To author ize the treasurer of the State of Ala bama to receive certain deposits from mutual aid associations organized under the law of this State. Revision of Laws. s. 466. By MT. NeSmith (with notice) ITO alter or rearrange the boundaries of the city of Ensley. Jefferson county, Alabama.
 s. 4s7. By MT. Goldsby .(by request)- To amend Sections 3d57 and 31e0 of the Code of Alabama, 1896, relating to oys- ters. Rules.
 Bills Reported to Senate.
 Bills were reported by committees and went to the calendar as follows:
 By Mir. Bostick of Committee on Con- stitutien and Constitutional Revision and Amendment. s. B. A.
 By Senator Hall of Committee on Cor porations. S. B. 45S: H. B. s19. -N.. By Senator Oliver Of Committee on Local Legislation, g.. B. Al, l53. 454, 1S1. By Senator Stone of Committee on Agriculture. s. B. 421. 4o9.
 By Senator Craig of Committee on Municipalities and Municipal Organiza- tion, s. B. 354, 334.
 By Senator Bostick of Committee on Immigration, s. B. 4s4. 41s.
 By Senator Craig of Committee on Privileges and Elections, S. B. 40, All. B33. with amendment.
 By Senator Castleberry of Committee on Temperance, s. B. 449.
 By Senator Blackmon of Committee on Revision of Laws, s. B. 369 with amend ment; 361, 375. 40. 360, 439, 432. 431 with amendment.
 Bills Passed by Senate.
 Bills were passed as follows:
 S. 347. By MT. Goldsby-To punish bribery on the part of members of the Legislature.
 s. 346. By MT. Goldsby-To define and punish the offense of corrupt solicitation of members of the Legislature, or of public officers of this State, or of any municipal division thereof.
 S. 419. By MT. Jones-To amend the dispensary law of Camden, Wilcox coun- ty. approved Feb. IA, 1901.
 s. $50. By MT. Morrow-To provide for the change of name and otherwise amending the charters of educational in- stitutions of collegiate rank. which have been established by an act of the Gen. eral Assembly of Alabama.
The Montgomery advertiser., 1903-09-10
wilson Leaves for West.

Washington, Sept. 9.-Secretary Wilson of the Agricultural Department. left to- day for ogden. Utah. where he is to de- liver an address before the Irrigatio1 Congress on September Is.
The Montgomery advertiser., 1903-09-10
HeAd-Notes Of the Decisions
 0 Alabama Supreme Court.

KIRBY EFT AL. V. HAYNES EFT AL. Bill in Equity to foreclose a Mortgage. Appeal from the Chancery Court of Marshall.
 l. Fraudulent conveyance; binding as between parties-A conveyance of land executed by grantor for the purpose of hindering and delaying his creditors is valid as between the parties thereto. and court of equity will not lend its aid to disturb or acquire the rights of either at the instance of the other: both being in pari delicto.
 ?. Mortgage; valid when given to se- cure future advances-It is not necessary for Its validity. that a mortgage given to secure future advances should express on its face that it was given for such purpose. and if attended with fraud or bad faith, such mortgage Is as valid as if made to secure a past due indebted ness; not only as between the parties. but also as against subsequent purchas- CTS and incumbrances. so far at least as respects advances made before the equi- ties of such subsequent purchasers or incumbrancers attached.
 8. Mortgage: parol proof admissible to show for what purpose given-Parol proof Is admissible to show that the mortgage was given to secure future advances.
 Affirmed.
 Opinion by Haralson, J.
 MAYOR AND ALDERMEN OF HUNTS
 VILE V. SMITH EFT AL.
 Bill in Equity for Construction of Will.
 Appeal from the Chancery Court of
 Madison.
 l. Misnomer of corporation: when grants to devisees not affected thereby A misnomer or variation from the pre- else name of corporation in a grant or in will to 1t, Is not material and does not render the grant or devise in- valid. if the identity of the corporation is unmistakable from the face of the in- strument or from the averments and proof
 9 Construction of will; valid gift to city-A will which after giving a life estate in certain house and lot to a certain named devisee, then proceeds that of the testator that the city of Hunts vile accept said house for the use and benefit of the white public schools or for city hospital, as the city authorities may elect, and the household and kitchen furniture be sold for cash and the pro- ceeds be used towards buying a library for the use of said public schools, and that all my other personal property be sold for cash by my executors and the proceeds be donated to the public white schools, is a valid bequest and Is not vitiated for uncertainty. by reason of the fact that the testatrix used the words the city of Huntsville. instead of the corporate name, the Mayor and AL dermen of the city of Huntsville; and such bequest sufficiently designated the objects of the testator's bounty.
 8. Same; same-In such a will, the di rection that all 'other personal property" of the testator be sold for cash by my executor, the proceeds to be donated to the public white schools" does not in- clude money that was on deposit in the bank fin the name of the testatrix.
 Reversed and remanded.
 Opinion by Harrison, J.