davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1903-03-19
Opinions Rendered
 By Supreme Court

Gaynor, Admrx, TVS. Louisville and Nash
 vile Railroad Company. Action by
 Administratrix Against Railroad Com
 pany to Recover Damages for Alleged
 Negligent Killing of Plaintiffs Intes-
 tate. Appeal, from the Circuit Court of
 Mobile.
 l. TrAal and it's Incidents; Negligence; Erroneous for Court to Charge upon Ef- feet of the Evidence ex nero motu.-In an action by an administrator to recover damages for the alleged negligent kill- ing of the. plaintiffs intestate, where the defendant pleaded contributory negligence of plaintiffs intestate, and there was evidence supporting such defense, it was error for the court to instruct the jury ex mero motu without the hypothesis of the jury's ,believlng the evidence, that the evidence shows that the plaintiff s intestate was guilty of contributory neg ligence. and that, therefore, the plain tiff couM not recover under the courts which charged simple negligence; such instruction being a charge upon the effect of the testimony and being given with out the request of either part in viola ton of the statute, Code. section 2336). The errdr in ne courts giving such in- structiom is not recovered or rendered harmless by reason of the fact that sub sequently, at the request of the defend- ant, the court gave the general affirma- tive charge with hypothesis against those courts of the complaint which claimed damages for simple negligence.
 2. Negligence; when Contributory Neg ligence shown; Charges in Reference thereto.-In an action by an administra- trix against a railroad company to re- cover damages for the alleged negligent killing of the plaintiffs intestate, where the defendantg pleaded contributory negli- gence on the part of the intestate and the evidence showed that the intestate was killed by being run over by car on the defendants road while he was attempting to cross the track. and there was testimony tending to show that the intestate was guilty of negligence in going on the track where he was run over without looking and listening for the approaching trains, that the employ Q ees of the defendant did not become aware of his peril in time to have avoided in- iurying him, and were not guilty of neg iigence in not acquainting themselves with his position sooner, and that wl...- out such negligence on his part the ac- cident would not have occurred such testimony shows that the intestate's own negligence was the proximate, contribut- ing cause of the injury suffered by him;
The Birmingham age-herald., 1903-03-19
Did Not Want Library.

New York, March 1s-The people of Maranoneck decided today at their vil- lage election that they did not want the $10,0O0 library offered them by Andrew Carnegie. The wealthier people were in by the other residents, who were against the proposition because it would bind them to raise 5000 annually for mainten- ance.
The Birmingham age-herald., 1903-03-19
Duke of Abruzzl Gets Medal.

New York. March 1s.-The American Geographical society tonight awarded the Cullom gold medal to the Duke of Abruzzi in recognition of his services to geography by his ascent of Mount St. Elias In 1897 and his Arctic explorations In 1sss-1soO when he made the nearest approach to the pole yet attained. The duke of Abruzzi Is the sixth explorer to be thus honored
The Birmingham age-herald., 1903-03-19
S.OSS-SHEFFlELD STEEL 6 IRON
 COMPANY.

The board of directors have this day declared a dividend of one and three quarters Qs.) per cent upon the preferred stock of the company out of the earn lngs for the quarter ending February 2s. 1sOs payable April 1. 1903, at the office of the Guaranty Trust company of New York. Transfer books will be closed at i2 o'clock, noon. on March N, and re- opened on the morning of April ?, 1908
 J. W. MCQUEEN.
 Secretary and Treasurer.
 New York. March 10. 1903 s-l6-H-mo-th
The Birmingham age-herald., 1903-03-19
Alabama Brewing Go.
 Bohemian Beer. ''
ATTENTION, BUSINESS
 MEN

The Metropolitan Cafe will, commencing Saturday, serv. the finest lunch in the city. ll:3O to 2:3O. Try it.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-25
Found pearl Worth $4,000.

What Is said to be the largest
pearl ever found in America was re-
Gently found by a poor fisherman.
Experts value it at considerable over
$4,000. This was a lucky find, IN
deed, but If persons who are weak
and sickly will commence taking
Hostetter's Stomach Bitters they will
recover a far more precious posses
sion than all the pearls in the world,
namely, health. 1t is the best health
restorer known to science and can
not fail, because 1t contains only
such ingredients as will be beneficial
to the entire system. It will restore
the appetite, strengthen the stomach,
liver and kidneys, and cures nausea,
belching, headache, indigestion, dys-
pepsia or liver and kidney troubles.
The genuine has our Private Stamp
over the neck Of the bo.se. Try 1t.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-25

the son Of Prof. John p. owen. well
known here, a nephew of Miss Martha
Owen, a former teacher in the public
school. and a cousin of Mrs. Z. p.
Maekel.
Judge Alphonse Hart, the Washing
ton attorney who has been enjoying
several weeks Of leisure here, will
leave for home tomorrow. Judge Hart
says Las Vegas has the finest climate
in the world. and he has experimental
with most Of them. too.
Wm. Bowens, d gentleman from
Lincoln. Neb, who has spent consid-
cradle time in the city during the last
few years, has decided to make his
permanent home here. He left this
afternoon for Lincoln for the purpose
Of bringing his family TO the city. He
has leased the Jno. Robbins house on
Fifth street.
Lee Adams Of Lamar, Colo, and for
merly of Las Vegas. was a passenger
on No. / this afternoon for AIbuauer-
que whittier he goes to meet his wife
who has been spending the summer in
California, Mr.. and Mrs. Adams will
arrive in Las Vegas tomorrow after
noon, and spend several days here as
the guests of Mr.. and Mrs. James a.
Dick.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-25

We. the undersigned boss BARRIERS
Of the city Of Las Vegas, do hereby
agree to shut our several barber shops
up on Saturday nights at II o'clock
p. m, commencing September 26,
1903. Thos r. Blouvelt, H. b. Smith,
Simon Ensinas, Ed A. o'Brien, o. L.
Gregory. 9.122
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-25

A grand ball will be given at the
Stewart dancing academy, Rosenthal
hall, Saturday evening, September rs.
Fine floor. and music will be furnish
ed by a professional pianist from
Chicago. Every one assured a good
time. Come one. come all. Gentle
men, 75c; ladies', free. 9-1S4
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-25
Notice to MIX Customers.

The dairymen Of Las Vegas wish
to inform the public that, beginning
October LIST, they will deliver milk
only once a day, the delivery being
made in the morning. N. s. Beldon,
A. s. Moye, j. p. Geyer. Harris Bros.
9-24.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-25
Chicago, ILL.,, and Return, 1910

On account of Chicago Centennial,
September 26th to October 1st. tick
cts will be sold from Las Vegas at
above rate September 1927 and 2S.
limited for return to october 9Th.
Continuous passage both directions.
w. j. LUCAS. Agt.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-25
III. w. HOUF. %. @.

Fine Signs are made by Pittenger.
See new styles at the shop on Sixth
street. Also interior decoration exc
cuted in the most artistic manner.
Phones Ia, Vegas; 101 Colorado. SO
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-25
Low Rates 70 California.

The Santa Fe will sell s~econd.class
colonist tickets daily from September
Is, to Nov. 80, to all points in Califor.
mia, at rate Of $25. w. ]. LUCAS.
II Agent.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-25
Fashion Notice.

| have just received q full line Of
new samples for tailor-made suits and
walking skirts Of the most exclusive
styles from Chas. A. Stevens & Bro.
Chicago. Mrs. W. S. Standish. 90
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-25

Music lessons free for a month
from any teacher in town you may
choose II you buy a piano from the
Columbine company. 9-5
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-25

Take the free hack for the Misses
o,Brien's millinery store on Bridge
street. The latest styles on exhibition.
remodeling done. 9.2.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-25

Low Rates From Eastern Points to
New Mexico.
The Santa Fe will sell one way sec.
ondclass colonist tickets from all east
ern points on their line to all points In
New Mexico, at one half the first class
one way rate. plus two dollars.
This offers an excellent opportunity
for eastern people to visit the western
country at a nominal rate, during the
next few months. W. j. LUCAS, Agt. II
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-25

wanted-To rent four room house,
furnished or unfinished; address
No. 4 care Optic. stating location and
price. 9-114.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-25

For Sale by coIumbIne Music Co.
A good secondhand piano, SIS. Also
a good organ for $25; cash or pay
ments II desired. 9-5
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-25

For Sale-Eight.room house, best
corner in town. at reasonable terms.
Inquire at this office. 9-131
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-25

For hotels and restaurants the Reed
extra heavy tinware Is the only thing:
see It at Gehring's. 9-5S
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-25

Lost-A silver w. C. T. U. badge,
between the NJ. f. church and Twelfth
street. Finder please return to this
Office and receive reward. 9-133
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-25

Best Of everything to cat at the I'm
Rates by the week OF month,
9.25
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-25

IT'S perfectionl The Imperial Ger.
man granite ware sold by Gehrlng.
9.5s
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-25

Wanted-At once. two messenger
boys at Western Union Telegraph
office. 9-35
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-25

The Las Vegas Light 4 ruei Co.
are now prepared to furnish Willow
Creek coal at $3.50 per ton delivered.
or $3.50 by the car i17su
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-25

Perry Onion pays cash and good
prices Tor household goods. Monte
Carlo Hall. Colo. Phone No. 27l. 1887
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-25

The mining boom Is coming. Geh-
ring is ready with tools and supplies
9-5S
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-25

1t will pay you to have picture fran
ing done at M. Biehl's 514 Douglas
avenue. Colo. Phone 219. 9-S3
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-25

Easiest payments and no interest
on pianos bought Of the Columbine
Music company. 9-5
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-25

Ladies will bear in mind that the
latest in millinery can be found at
Pethoud & Co.'S, Douglas Ave. 9-125
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-25

Wanted-Competent housekeeper.
1929 Third st. Vegas Phone 26S.
9-135
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-25
Piano FOR sale-S6o.

A good secondhand piano by Co.
lumbine Music Co.; cash or easy pay
ments. 9-5
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-25

Fried chicken for supper Fridays
at the imperial. 9.25
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-25

Chicken dinner Wednesdays an,
Sunday at the Imperial. go
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-25

Genuine Mexican chile and fresh
oysters at the Imperial. 9.25
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-25
81 penn Avenue. pitt,burs. Pa. August 20, 1908.

thought my last hour had come. After
taking Paine's Celery Compound | was
entirely cured. | have earnestly rec,
commended II to all my friends"
Newport daily independent., 1903-08-17
A NEEDED REBUKE.

7 w. E. Barclay, the Immigration Agent of the Missouri Pacific Railway, is lying when he says he has seen 500, ,OOO tons of ore and 50,O00 tons of concentrates along the line of the new Missouri Pacific Railway. He lies when he says people are coming in here over the Mo. Pacific, or over all the railways. at the rate of 5000 per week. The fact is, all his statements should pc divided by four or five then it will leave us in the most prosperous condition of any mining district on earth. The Mo. Pacific railway should either moderate Mir. Barclay or fur nish him less excitable booze. The truth is good enough and makes the five mineral counties of Arkansas rich enough for all intents and purposes Marion Herald.
Newport daily independent., 1903-08-17
VICTIM IDENTIFIED.

Brinkley, Ark, Aug. 16.-D. F. Mote of Goode, Miss, was in Brinkley yes- terday and after an investigation con- cerning the unidentified man who was killed by Choctaw freight here Au- gust 2, is satisfied it was his brother, M. M. Mote. A companion of the de- ceased rode with him on a freight from Haileyville, I. T., to DeVall's Bluff, where they became separated. The companion took through freight, but Mote missed catching on and took the next one, local, which ground him to a shapeless mass in the yards in this city. His companion, hearing of the tragic death sent the coroner word few days afterward that the mans name was John Rice, that they had both been employed on the rail- road yards at Haileyville and that they were on their way to Memphis.
 A photograph of the head of the de- ceased was taken and after viewing this D. F. Mote says it is his brother, that he left home because of a difi- culty, therefore Rice was an assumed name; that when heard from in May he was in Haileyville.
Newport daily independent., 1903-08-17
SENSATION FALLS FLAT.
D. w. Claiborne and Mrs. Lydia Gaines, Charged With the Murder of Abner Gaines, Discharged
 at Request of States
 Attorney.

Hot Springs, Ark, Aug. 16.-The preliminary examination of D. w. Claiborne and Mrs. Lydia Gaines, charged with the murder of the latter's husband three years ago, came to a sudden termination Saturday morning, when the States attorney requested the discharge of the defendants The case at first promised to be one of the most sensational ever tried in this county, and the sudden ending by dismissal surprised many, The pros ecution clearly established that Abner Gaines did not commit suicide, yet there was not a scintilla of direct evil dence of the guilt of the prisoners. Seeing the hopelessness of further tedious hearing, the prosecuting at torney acted upon his judgment formed overnight.
Newport daily independent., 1903-08-17
A TWO GENT A MILE RATE.

It is not unlikely that a flat passen- ger rate of cents mile in all the territory from Kansas City and St. Paul to Chicago and St. Louis will re- suit from the agitation over the form of interchangeable mileage. It is said that the Chicago Great Western will signalize the opening of it's extension to Omaha with the announcement of a flat 2-cent rate in it's territory, in- cluding points between Chicago and Kansas City. Officials of that road admit that t9sey intend putting on sale 1000- mile tickets at the flat rate of $20. The other lines are watching the atti- tude of the Chicago Great Western with interest and d lively rate war with the adoption of flat rate cent less than the present rate is more than likely should the Great Western carry out it's present plan. Kansas City Star.
Newport daily independent., 1903-08-17
GOVERNORS BANK ACCOUNT.

The Arkansas Democrat very perti- nently propounds the following: 1.-The governor says he can borrow enough money to run the deaf mute institute. He says gentleman has agreed to loan him the amount. We doubt if any one man in the state could aff ord to loan the money necessary and con- tinue in business.
 Gan he do it? If he can his credit has improved wonderfully since he had to mortgage that little $400 office at Russellville to run for governor the first term. But they do say that his bank account has grown to mammoth proportions since his induction into the gubernatorial office, as he and Charlie are financiers from away back. Mariana Courier.
Newport daily independent., 1903-08-17
QUAINT, QUEER AND CUR

The late Col. John Cockerell il after Cosmopolitan said, "There are tbre unique cities in America, and one 9- these is Salt Lake City.u It is not on R ly unique in it's temple, tabernacle ant other Mormon church institutions but quaint in appearance, vseh its wide streets, immense blocks and martial rows of shade trees. It has,, perhaps, more attractions to the square yard than any city in the country, and it's climate, while tenn perate all the year round, is particu~| larly delightful in summer. Tb's Great Salt Lake, with it's magni6ce7o Saltair resort, where the water is 'sdeader and densero tban that in the Dead Sea in Palestine, is an attraction in itself that people come miles to see. There are many cool mountain and lake resorts near by, also numerous very pretty canon and park drives, and hot sulphur springs. Fishing and hunting can be had in every direction. The trip from Denver to Salt Lake City and Ogden, via the Denver X Rio Grande and the Rio Grande Western, is one of unsurpassed pleasure.
 Here nature is found in her sternesl mood and the whole line is a success sion of rugged canons, waterfalls and picturesque valleys. No European trip can compare with 1t in grapdess. of scenery. During the entire sum- mer there will be low excursion rates to Salt Lake City and contiguous country. It is on the road to the Pa cific coast, if that be your destination. Write s. K. Hooper, c. P. & T. A, Denver, Colo, for beautifully illus trated pamphlets, etc.
Newport daily independent., 1903-08-17
EXTRA SESSION
 BECOMES IMPERATIVE.

Little Rock, Aug. 16.-The governor has borrowed no money to run the deaf mute institute. The patriotic banker who offered to lend him $140,- 900 remains discreetly in the limbus of the uncertain, the auditor and treasurer stand pat on their negative proposition not to act until the courts have passed upon the law, the gov ernor persists in declaring that he ad- iourned the Arkansas legislature May 23 ''forever and ever" and the deaf mute situation daily becomes more acute.
 It is probable that mandamus pro- ceeding against the auditor will be re- sorted to in a few days, but capable legal talent think this can result in no relief, in view of the supreme courts decision in the Confederate roster case.
 Daily it becomes more and more inn perative that an extra session of the legislature be called to straighten out this unprecedented tangle.
Newport daily independent., 1903-08-17
SUMMER TOURIST TICKETS.

The Southern Railway has on sale cheap summer tourist tickets to some 215 mountain and seashore summer resorts in Tennessee, North and South Carolina, Kentucky, Virginia and other states. Good for return until October 31 with liberal stop-over privileges both going and returning. Three daily trains carry sleepers through without change into the heart of the resort section. Dining cars and good meal stations add to the comfort of the tourist. Maps, guides, time tables and lists of hotels and board ing houses, rates of board and names of proprietors sent on request, and all inquiries answered promptly. Berths reserved any time in advance. City ticket office under Peabody Hotel. Both phones No. 40.
 l.. M. DESAUssURE,
 c. P. and T. A.
 c. A. DESAUssURE,
 D. P. A.
 c. A. BENsCoTER, S2ts15 A. G. P. A.
Newport daily independent., 1903-08-17
WHY CHANGE?

Why make any change of sleeper on your trip to the East? Southern rail- way train leaving Memphis union sta tion Il p. m. carries sleeper (open at p. m. to Washington, Baltimore, Philadelphia and New York without any change, with fine dining car ser vice beyond Chattanooga next morn- ing, and with no change of coach to Washington. 82ts15
Newport daily independent., 1903-08-17
WRECK DELAYED TRAINS.

A large freight engine was derailed about Il o'clock Saturday night twenty miles this side of St. Louis and a wrecker did not reach the scene until o'clock next morning.
 As a consequence No. 3 reached Newport nearly eight hours late, and the excursion train to St. Louis did not arrive in that city until nearly 1 p. m.
Newport daily independent., 1903-08-17
BARBECUE FOR CLARENDON.
s2ts15

Clarendon, Aug. 16.-The citizens and business men of this place met at the court house last night and arrang- ed for barbecue and speaking here Thursday, August 27. The following gentlemen were appointed a commit tee on arrangements: R. F. Millwee, R. S. Benton, R. J. Torry and T. T. Bateman Five hundred dollars was readily subscribed towards the barbe
 cue and all that is necessary to be used to entertain the large crowd will soon be subscribed. The three candi- dates for governor and Hon. R. L. Rogers, candidate for attorney gen. eral, will be present to address the voters on the politics of the day. A large crowd is expected and grand time anticipated. q
Newport daily independent., 1903-08-17

George B. Bradley of Batesville was here Monday on his return home, after accompanying his wife and son as far as St. Louis on their way home to Carbondale, Ill.
Newport daily independent., 1903-08-17
WEST BOUND RATES.

Special west bound tourist rates via the Iron Mountain Route-One fare plus 50 cents to Denver, Colorado Springs, Pueblo and Glenwood Springs. Tickets on sale June 18th to September 3Oth, with final limit of October 31st for return.
 47btf T. H. REAMEY, Agt.
Newport daily independent., 1903-08-17

When you have pearls, slugs and baroques, send them to P. o. Heidet Prairie du Chien, Wisconsin for tor market prices. 5.f.t.f.
Newport daily independent., 1903-08-17

For liberal prices, send your pearls and baroques to 0. A. Windau, New port, Arkansas. 305 btf
Newport daily independent., 1903-08-17
JACK JONES,

The Crack Barber, keeps neat and busy little shop. Upper end of Front street. Expert tonso- rialists. Easy slaves and the best haircuts. Our work pleases.
 "Come on, ye stubby boards"
Newport daily independent., 1903-08-17
LIVERY MEN, FARMERS, DRAYr1EN

And all users of axle grease that want the best grease on the market and that recognize a good thing when shown it's merits, we recommend our Gold en and Castor Oil brands of Axle Grease. It is put up in l pound tin boxes and 3 pound tin buckets. For sale by all up-to-date merchants. Ask for it and take no substitute. It is guaranteed to have no equal for quality on the market.
 WATEPG-PTVTETT
Newport daily independent., 1903-08-17
RAILROAD RUMBLINGS.

It is reported that both the Missouri Pacific and Rock Island roads have engineer corps on Buffalo river sur veying lines west from Buffalo City, Harrison Times.
Newport daily independent., 1903-08-17

The St. Louis & North Arkansas road will be pushed on to Leslie with out delay, much of the grading being already done that far. The problems beyond Leslie may be left over for next year.-Harrison Times.
Newport daily independent., 1903-08-17

The Missouri Pacific survey from Buffalo City to Rush is having hard sledding to find way across. If tun- nels, bridges and other manner of ex- pensive work is what they are looking for, they have certainly chosen the proper te.-Yellville Echo.
Newport daily independent., 1903-08-17
TWINS BORN ON x,opoornr
 MOUNTAIN ~.

St. Louis, Aug. 16. Mrs. Lu' ray, who gives Little Rock home, is now in a hospital where she was brought from the I station, having been taken frol Iron Mountain train with her babies, to which she gave birth on the train last Thursday enrol to city from Little Rock. Her c tion is serious.
 Mrs. Murray alleges that zshf piled for admission to the hosra Little Rock and was met with a sal, and that the Little Rock au, ties gave her $2.25 aud put her train bound for St. Louis.