davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1903-03-31
GOODLETT v. THE STATE. Indictment for murder-Appeal from u


 City Court of Anniston.
 l. Homicide; admissfbility of evidence On trial under an indictment for mur- der, where a witness testified that her house was a short distance from the house where the deceased was killed, it is not competent for the defendant to ask such witness on cross examination who came to her house with a certain named person. not shown to have been connected with the homicide In any way, immediate ly after the killing; the evidence calling for such question having no pertinence to any Issue involved, and being irrele- want and immaterial.
 2. Same; same.-On a trial under an indictment for murder, where 1t Is shown that the shot which killed the deceased was fired from the outside of the house and through the wall thereof, the fact as to whether or not the persons in the room with the deceased at the time were playing cards, is impertinent, irrelevant and immetiral and evidence of such facts is inadmissible
 8. Same; evidence of flight of another inadmissible.-On trial under an indict- ment for murder, where the evidence tending to show the commission of the homicide by the defendant Is entirely circumstantial, 1t Is not competent for the defendant to show that a certain named other person left the neighborhood of the homicide a very short time after the killing.
 ( Same; same-In such case, before there is any evidence introduced tending
The Montgomery advertiser., 1903-03-31
MCCAIN BROS. V. STREET.

MCCAIN BROS. V. SIhEEE.
 Statutory Trial of the Right of Property. Appeal from the County Court Of Clay.
 1. Rulings upon motions; must be
 shown by bill of exceptions.-The rulings ing the trial of a cause, must be pre- sented to the Supreme Court by bill or exceptions; and unless so presented, such rulings will not be considered on appeal. g. Claim suit; defect in writ of at tachment can be raised only by defend- ant.-In a statutory claim suit, arising from the levy of an attachment upon the property involved in the controversy, a plea in abatement filed by the claimants, upon the ground that the affidavit made by the plaintiff to seo1re the issuance of the attachment was not signed by the plaintiff, or It's authorized agent, should. on motion be stricken from the file: since
 such plea could only be filed by, the de- fendant in attachment, Code. Sec. 66S) 3. Statutory claim suit; variance be- tween bond and affidavit can not be raised claim suit, a variance between the at- tachment bond and affidavit, if ques- ton which can be raised by the claimant, , can not be raised for the first time on ap- peal to the Supreme Court l. Trial and its incidents; objection to special finding of the court and judg-
 ment thereon must be presented by bill
 of exceptions.-In the absence of stat
 ute prescribing different rule, a special
 finding of trial court and the judgment
 rendered on such special finding, can not
 be reviewed on appeal unless presented
 by bill of exceptions.
 Affirmed.
 Opinion by Dowdell. J.
The Montgomery advertiser., 1903-03-31

| NORTHWESTERN LAND ASSOCIA- TON V. GRADY.
 Bill in Equity to Enforce Construction of Trust.-Appeal from the Chancery Court of Madison.
 l. Equity pleading; what considered on appeal from a decree in chancery upon demurrer.-Where an appeal Is taken as allowed by the statute, from a decree everything demurrers to a bill in equity. SCode. sec 70 the appellate court is re- alton of the question raised on the de- cree from which the appeal is taken. and can not revew an interlocutory decree previously made on a motion to set aside former order dismissing the cause.
 2. Equity jurisdiction; when bill bv stocknolder of corporation multifarious. where bill filed by a stockholder of A corporation ayers that through a scheme ana conspiracy on the part of the man. aging officers of the corporation. into which tho other respondents entered and participated. the corporate property had been wasted and lost to the corporation and its stockholders. by reason of cer- tam alleged fraudulent conveyances, and that certain @decrees of the Chancery Court are fraudulently obtained by and through which conveyances of property were effected; and the prayer of the bill was that such alleged fraudulent convey ances be set aside and annulled and the property fraudulently conveyed be restor- ed to the corporation and the fraudulent grantors and grantees be held for an ac- counting, such bill Is not multifarious.
 8. Corporation; fiduciary relation exist ing between directors and corporation.- The directors or other governing members of a corporation. in their dealings respect ing corporate interests, are subject to the rules which govern the acts of persons occupying f1duciary relations; and, there fore, it is a breach of their fiduciary obli- gations for such officers, by acquiring property for themselves, to interfere with the enjoyment by a corporation of bene- ficial property. or in any way impairing the value of the corporation's property rendering it less effectuai for the pur- poses of its corporate creation; and such derelictions will. in equity. be construed as fraud on the corporation, establish ing a constructive trust in It's favor.
 {. Bill to enforce constructive trust; statute of limitations of three and six years; no defense.-To a bill in equity seeking to enforce a constructive trust, the statute of limitations of three and six years presents no defense.
 Affirmed.
 Opinion by Dowdell, J.
The Montgomery advertiser., 1903-03-31
THE MEN AND WOMEN
Who Enjoy the Choicest Products
 of the Worlds Commerce.
Knowledge of What Is Best More I'm. portant Than Wealth With
 out It.

It must be apparent to every one that qualities of the highest order are neces- sary to enable the best of the products of modern commerce to attain permanently to universal acceptance. However loudly heralded, they may not hope for worldwide preeminence unless they meet with the general approval, not of individuals only, but of the many who have the happy faculty of selecting, enjoying and learn ing the real worth of the choicest prod ucts. Their commendation. consequently. becomes important to others. since to meet the requirements of thes well in- formed of all countries the method of manufacture must be of the most per feet order and the combination the most excellent of its kind. The above Is true not of food products only. but Is espe- cially applicable to medicinal agents and after nearly a quarter of century of growth and general use the excellent remedy. Syrup of Figs, is everywhere accepted, throughout the world, as the best of family laxatives Its quality is due not only to the excellence of the combination of the laxative and carmin- ative principles of plants known to act most beneficially on the system and pre- scented in the form of pleasant and re- freshing liquid, but also to the method of manufacture of the California Fig Syrup Co.,. which ensures that uniformi- ty and purity essential In a remedy in- tended for family use. Ask any physi- elan who Is well informed and he will answer at once that 1t Is an excellent laxative. If at all eminent in his pro- fession and has made a special study of laxatives and their effects upon the sys- tenn he will tell you that 1t is the best of family laxatives, because 1t is sim pie and wholesome and cleanses and sweetens the system effectually, when . laxative is needed, without any un- pleasant after-effects. Every well-in- formed druggist of reputable standing knows that Syrup of Figs Is an excel lent laxative and Is glad to sell it, at the regular price of fifty cents per bot tie. because 1t gives general satisfao- ton, but one should remember that in order to get the beneficial effects of Syrup of Figs 1t Is necessary to buy the genuine. which is sold in original pack ages only; the name of the remedy Syrup of Figs and also the full name of the Company-California Fig Syrup Co.
 printed on the front of every package.
The Montgomery advertiser., 1903-03-31
NORWOOD V. WASHINGTON, Admr Bill in equity by surety for contribution
 Appeal from the Chancery Court oi

NORWOOD V. WASHINGTON, Admr. Bill in equity by surety for contribution
 Appeal from the Chancery Court of
 Jackson.
 1. Mortgage; conveyance Imperative to vest title in one who is dead but named as grantee.-Where an administrator exc cutes a mortgage of indemnity to the sureties on the administrators bond, but at the time of the execution of such mortgage one of said sureties named as grantee of mortgage therein was dead, such mortgage as to the dead surety Is imperative to convey title, and by such conveyance the legal title is vested in the other surety.
 g. Executor and administrator; effect of mortgage of indemnity.-Where an ad- ministrator executes a mortgage of in- demnity to his sureties and there Is con tained in such mortgage a covenant that the administrator might sell at any time the lands conveyed therein for the pur- pose of paying an ascertained indebted ness against him in favor of the heirs of his intestate, and subsequently, the lands are sold by said administrator and the proceeds of the sale are in fact ap- piled in payment of adecree of the pro- hate court ascertaining and declaring in- debtedness of sthe administrator to said heirs, the sureties who were named as grantees or mortgages in said mortgage
The Montgomery advertiser., 1903-03-31
.* ADJUSTMENTS.

The dramatization of Audrey" was
 made by Miss Harriet Ford, the author of
 "A Gentleman of France and The Greatest Thing in the world" and by E. F. Boddington. Miss Mary Johnston, the author of Audrey" had of course, hand in the work, insomuch that the dramatiZation as it progressed was placed before her for her approval.
 Liebler and Go. whose prodigality is
 known to all theatregoers, have given Audrey a very magnificent production | in scenery and costumes. The play is in | six very handsome settings, and abounds | in cleverly devised situations and strong | dramatic incidents.
 | with a May Day festivity, at which time | Audrey, now nearly a grown woman, en- gages in foot race. She has grown up without care or restraint and is the scorn of the villagers who know her only | as "Darden's Audrey" The only person who pays any attention to her Is Hugon, the half-breed, At the May Day festivi- | ties, however. Marmaduke Harvard, the | leader of the aristocracy has come to woo | the beautiful Evelyn Byrd. He had
 known Audrey before his departure for l England, and now seeing her as a grown | girl, she stirs his heart more completely
 than the women of his own station. In- | deed, Harvard had been Audrey's bene- | factor, insomuch that he had provided for
 her maintenance during his absence
 abroad. Thus opens a dramatic story of extraordinary interest and power.
 Miss Eleanor Robson, who is to be seen l as Audrey. has made a very great suc- | cess in the role. Miss Robson is Justly | considered one of the great comediennes
 of the English-speaking stage of today.
The Montgomery advertiser., 1903-03-31
Price of Gas Reduced
 For  PURPOSES,
APLEASANT EMPLOYMENT.

Cooking becomes an en- joyable task when gas stoves are used. The reaSon1 No ashes, dirty coal, soot, worry about even heat as you want it. Quick, too, gas Is, and cheap compared with coal If you've never tried it, try it now. Ask us.
The Montgomery advertiser., 1903-03-31

ed by Presidential candidate for a Pres idenual nomination.
 The itinerary already arranged provides for stops and speeches at 134 cities and towns. Allowing for unforeseen exten- stons of the tour, side trips and the usu- al proportion of informal remarks at way stations. it is probable that the total out put will be not fewer than 200 different speeches to different audiences.
 No man less energetic than MT. Roose- welt would ever dream of such an under IttRjEASaaA &ha mara thought of 1t would
The Montgomery advertiser., 1903-03-31
Fifty Days of Stump Speaking.

New York Sun.
 the spring months covers sixty-siv days and twenty-two States.
 Deducting the sixteen days assigned tc the Yellowstone National Park for rest recreation ard communion with nature In her visible forms. there remain fifty days of incessant travel and oratory. This is the most ambitious program ever arrang-
The Montgomery advertiser., 1903-03-31
FALLING HAIR STOPPED.
Badness Cured by Destroying the
 Parasite Germ That Causes It.

Badness Cured by Destroying the
 Parasite Germ That Causes It.
 Badness follows falling hair, falling hair follows dandruff; and dandruff is the result of a germ digging its way into the scalp to the root of the hair where it saps the vitality of the hair. To destroy that germ is to prevent as well as cure dandrun, falling hair, and, lastly. bald ness. There is only one preparation known to do that, Newbro's Herpicide, an entirely new, scientific discovery. Wherever 1t has been tried 1t has proven wonderfully successful. It can't be oth- erwise, because 1t utterly destroys the dandruff germ. You destroy the cause. you remove the effect" Sold by leading druggists. Send 10c in stamps for sam pie to The Herpicide Co.,. Detroit, Mich. E. G. Fowler SRsc4alle ea1AEantA -tpA
The Montgomery advertiser., 1903-03-31

drive to nervous prostration candidate less frankly confident of the endurance of his physical and intellectual powers under any strain whatsoever.
 We beg leave to suggest that most profitable theme for at least the major part of the 200 speeches can be found in the general Inc of thought started by the Presidents letter of race suicide. The sub jeot Is always interesting, always prac- ticaI and particularly so in less densely populated parts of the Union.
 Issposseaaaa. moreover the inaSttmahle
The Montgomery advertiser., 1903-03-31
GRIFFIN ct al V. RANDOLPH COUN-
 nv

GRIFFIN ct al V. RANDOLPH CoUN-
 TY.
 Action by county upon bond given on the
 hire of county convicts.-Appeal from
 the Circuit Court of Randolph.
 l. Action by county on bond for hire of county convicts; sufflciency of plea.- In an action by a county upon a bond given to secure the faithful performance of a contract for the hire of its convicts, plea which ayers that the bond sued on is invalid, upon the ground that at the time of it's execution the hirer of said conv1cts did not at that time have for hire or otherwise fifty convicts as requir- ed by section 476 of the criminal code, |" is defective and subject to demurrer,
 2. Same; same.-1n such a case, a plea which ayers that the bond Is void because at the time of it's execution the defendant had hired less than fifty State and coun- ty convicts, and that the convicts for the hire of which said bond was given were to be worked outside of said county, is defective and subject to demurrer
 8. Contract for hire of county convicts; when not violative of statute; suflciency of plea.-Where a contract is made for the hire of all of the county convicts of particular county, which are to be worked outside of the county, such con- tract is not, in it's terms or on its face a violation of the provision of the statute which prevents the hiring of less thar fifty convicts to any one person Code Section 4476), and in an action to recover for the breach of a bond given to secure the performance of said contract. plea which sets up that the contract was iI violation of said section, but does not aver that it was for the hiring of lesl tran fifty convicts, Is entirely defective Affirmed.
 Opinion by Dowdell, J.
The Montgomery advertiser., 1903-03-31

passions that menace une stability of business conditions and the industrial and commercial prosperity of the United States of America.
The Montgomery advertiser., 1903-03-31
The Gruet Kind.

New York Sun. Hewitt-What kind of a fellow Is GruetI
 Jswett-The kind that always has tusk sOne cigars
The Montgomery advertiser., 1903-03-31
Return of "Audrev. D

Theatregoers of Montgomery are to have a delightful treat in the presenta- ton of Lebler and Co.'S production of AAx Ri&hk
The Montgomery advertiser., 1903-03-31

Montgomery Wednesday night. William H. Vests Minstrels; Thursday matinee and night, "The Prisoner of Zen da;" Friday night return of Eleanor Rob son in Audrey"
The Montgomery advertiser., 1903-03-31
BUSH V. THE STATE.

Indictment for Assault With Intent to
 Murder.--Appeal from the City Court
 of Gadsden.
 l. Confessions; may be shown to be voluntary by circumstances.-While as general rule, the admissibility of confession as having been made volun- tary is determined on examination voir dire as to promises, threats. etc, this Is not the only way in which it may be ascertained by the court as to whether a confession was voluntarily made; but when the facts and circumstances under which the confession was made affirma- lively show that there was no improper influence proceeding from the person to whom they were made, or from any other person, or from the circumstances sur rounding the defendant at the time they were made, such confessions are prima facie voluntary and admissible.
 2. Assault with intent to murder.-On trial under indictment for an assault with intent to murder, a charge requested by the defendant is properly refused which instructs the jury that malice is an essential ingredient of murder. and | If the jury are not satisfied beyond a | reasonable doubt not only that the de- fendant fired the shot, but also that Il | was fired at Joe Gross with the intent to | strike him and for the purpose of in | ficting death and with malice before they | can find the defendant guilty as charged | in the indictment; such charge being mis leading. and the court not being required | to instruct the jury to the actual killing
 3. Same; same.-On a trial under ar indictment for an assault with intent tt
 murder, a charge which instructs tho jury that unless they believe beyond reasonable doubt that the defendant hat the specific intent to shoot" the persor asaulted, they must find the defendant not guilty, is erroneous and properly re | fused.
 | 4. Same; same.-On a trial under ar indictment for an assault with intent tC murder, a charge requested by the de
 fendant which instructs the jury tha
 they should acquit the defendant If they
 believe that the defendant merely firet
 the shot reoklessly and did not intehC
 to shoot the defendant" is palpably
 faulty and misleading
 Affirmed. Opinion by Dowdell, J.
The Montgomery advertiser., 1903-03-31

McDonald's Theatre-Ar of this week with Wednesday ana Saturday matinees, the Huntley-Moore Stock Company, open ing bill, The Lost Paradise"
The Fulton County news. [volume] (McConnellsburg, Pa.) 1899-current, 1903-03-05
Lady Curzon's Unique Honor,

A noticeable feature In the Durbar
honors list Is the fact that the name
OF one woman only appears. Never
theless. everyone Is gratifed that on
the occasion of the Durbar for the
proclamation of King Edward VII. as
Emperor of India his Majesty has
been pleased to confer on Lady Cur
zon. the wife Of England's chief rep
resentatlve In India, ''The Kaiser-i-
Hind Medal for Public Service in In
dia" of the first class. This Is the
second time Lady Curzon has received
an Indian decoration. In February,
1899, there was bestowed on her the
decoration OF the imperial order OF
the Crown OF India. AS most people
know, Lady Curzon is one of the
numerous band OF American women
who have married English noblemen
and who have gained still wider recog-
milton ard popularity by the force of
their own charming Individuality
London Madame.
The Fulton County news. [volume] (McConnellsburg, Pa.) 1899-current, 1903-03-05
Tho Crocodile DentIst.

II wish We had crocodile plover
here. 1t would amuse the children"
said John Lover. keeper at the Zoo.
what sort of bird Is crocodile
plOver?" some one asked.
Its the crocodlle's dentist" Lover
replied. 1T keeps the crocodlle's mouth
in good condition.
THE crocodile" he went on. SIS
much annoyed by parasitic insect
that enters his mouth and breeds there
in crannies that he can't get Mt. The
plover feeds on this insect. and will go
into n crocodle's mouth fearlessly at
ter 1t. The crocodile seems to recog-
nize instinctively that the bird is his
friend. He lets it hop In and out OF
his mouth without mo,estation. The
children would be much amused to see
such sight We ought to get croco.
die plOyer by all means"
Crocodile ployer Humnhr re.
marked bystander in n pointed man.
ner.--Philadelphia Record.
The Fulton County news. [volume] (McConnellsburg, Pa.) 1899-current, 1903-03-05

nently smart. The stylish May Man
ton example in the large drawing Is
shown in cream white brilllantine with
stitchings of black corticelli silk and
large pearl buttons, but the design
suits all the seasons wool and silk
waist materials as well as the heavy
and fleece lined cottons that are so
much liked.
The lining, that can he used or omit
ted as preference and material may
decide. is snugly fitted and closes at
the centre front. The waist proper
consists of back and fronts only, that
are laid in slot seams from the shoul-
ders and central OK pleat. The
sleeves are In the new bishop style and
fall In soft puffs over the pointed cuffs
The collar also is novel and is pointed
at the front to match the cuffs.
The quantity of material required for
the medium size is four and one-eightn
yards twenty-one inches wide. three
and seven-eighth yardi twenty-seven
inches wide. lwo and one-half yards
thirty-two inches wide, or two and one
eighth yards forty-four inches wide.
"Slot seams make the feature of
the latest skirts, End promise to gain
in favor both this season and next.
Many Of the advance models show
them both In skirts and jackets. and all
indications point to an extended vogue.
The stylish skirt illustrated is of
checked tweed In light weight showing
lines of varying shades Of gray, and
Is trimmed with bands of plain gray
held by cut steel buttons and stitched
with corticelli silk, but all sulting and
skirt materials are appropriate.
The skirt Is cut In seven cores and Is
laid In Inverted pleats at each seam
and In the centre Of each front and
side gore that are stitched to fiounce
depth at tuck width from their edges
and so form the "slot seams" which
conceal all seams and whose fulness
provides the graceful flare at the lower
portion. The back Is stitched fiat In
habit style. the pleats providing grace
full fulness where they fall free.
To cut this skirt In the medium size
ten and one-half yards OF material
twenty-one inches wide, nine and one
fourth yards twenty-seven inches wide.
or Ave and one-half yards forty -four
inches wide will be required.
The Fulton County news. [volume] (McConnellsburg, Pa.) 1899-current, 1903-03-05
A Long Sentence.

A sentence which will almost equal
the record made by the famous excise
sentence passed on man In Vermont
a few years ago was lately given to
one John Fickler by Judge Adams, of
the United States Circuit Court, In St.
Louis. Fickler was sentenced to hard
labor for life and twenty years in addi-
tion. He was convicted of holding up
and robbing a mail carrier. He got
ten years at hard labor for robbing the
mail by intimidating the carrier; I'm
prIsonment for life at hard labor for
robbing the registered mail by placing
the life Of the carrier In jeopardy by
the use of dangerous weapons. and ten
years imprisonment at hard labor for
intimidating with dangerous weapons
the carrier The sentences were made
cumulative,