davidaulloa/AmericanStories huggingface dataset:
Evening journal., 1903-04-16

Goals from field-Hance, G; Ogle, 3;
Virden, 2; Truitt Fouls-Ogile. 1. Time
keepers, White. Il. Tindall. Referee
IL. o. Wise
The newly y1elected City Council held
its first meeting in the Mayors office
last evening and reelected Mr.. Rey-
nolds president and c. Irwin Eckles,
secretary.
The marshes in this section are
flooded, causing much water to lie
around fields and ponds near town.
The trolley and road traffic was COM
pletely cut off between here and Della
ware City yesterday. But few fisher
men attempted to fish yesterday, and
those who did soon returned. glad to
got ashore in safety. The fishermen
are having much trouble in keeping
their boats ahoat. and in MANY cases
the boats were hauled out of the docks
and the nets taken ashore.
A special meeting of the new base
! ball team will be held this evening foi
this PURPOSE Of completing the organiza-
ton of the proposed Columbia Baseball
Club.
A valuable shepherd dog. owned ID!
George Unger. fell from a wagon yes
terday afternoon and broke its leg. Dr
Andrews was called and he dressed thi
wound
John Whitlock, of this city. will sooi
remove to al farm near Greenville.
The officers of Company H, N. G. d
went to Wilmington last evening T.
assist in electing a major.
Evening journal., 1903-04-16
FOR SALE.

FOR SALE Macldntoshcs. Rubber Coats
and Rain Coats az less than cost as We
are giving up that branch of our business.
New York Clothing House. 50i Market ST.
aprl4-lf
FOR sAI.E-Roll-top Desk. so inches long
go inches high and 81 inches deep, S5.OO.
Desk as good AS neY having beon used but
g months Address d. This Office.
aprlG-ot
Evening journal., 1903-04-16
$500 to Pittsburg, Pa,
Via B. G. o. r. r.

Every day in the week the b. & o.
r. sells first class tickets to Pittsbui
for $500, good on Pittsburg Limit,
Express leaving Delaware Avenue ST
lion. Wilmington. at 1913 p. m. arrii
ing at Pittsburg next day at 9.15 a. !
Evening journal., 1903-04-16
LOST AND FOUND.

LOST-A white bull dog with black head
mark, and black mark on shoulder and
neck. Reward Il returned 10 the Grantley
9th and Jefferson SITS. aprf-tf
Evening journal., 1903-04-16
SITUATIONS WANTED.

FIREMAN Have had ~ or 10 years ex-
perience as fireman. Salary NO object
Good reference given Address, Andrew
Hall. Evening journal Office. aprli-St
WANTED-A home for baby boy, 4
months old state board expected per
week Apply. II. B. Evening Journal OF
nca apriG-2t
WANTED Saleslady in dry goods store.
Roth. POO Market ST. aprlG-lt
MIDDLE AGED LADY wishes position
as housekeeper ln small family. Can
give good reference. Address W.. Even
ing journal Office. anrl6-.it
Evening journal., 1903-04-16
ROOMS FOR RENT.

THREE IrNruRNIsHED ROOMS FOR
Reu, in Good Locality. Address, jour
nal. aprl3-3t
FOr RFNT'-Two unfurnlshed rooms at
qI5 Market ST. Hot water and bath.
Call between and p. m. /. n. Parson.
aprl6-3t
Evening journal., 1903-04-16
HELP WANTED-FEMALE.

WANTED-A white girl for cook and
general housework. Three In family. APP
ply 1905 West Ninth 81. apfl5-"t
~ A lT.p- white chambermaid in small
family. Apply TO Lucy h. iHtum, Lam
caster ana Cleveland avcs,, Wilmington,
aprl3-3t.
VANTED-A coiored girl for general
house work. PAS Tainali ST., city. 1t
Evening journal., 1903-04-16

NOTICE.. JAMES SWEENEY, tho ten
amt and occupant of the house situated
at $. w. Cor. Lancaster and Maryland
AYES, I'm the Third ward city of VIII
mington. county OF New Castle and STATE
OF Delaware, In compliance with the re-
quirements OF tho acts of the General AS
sembly. In such case made and provided
do hereby give notice that I shall apply IN
writing TO the Court OF General Sessions
OF the State Of Delaware, in and for New
Castle county, on Monday. the 18th day OF
May A. D., 1908 being the next term OF
said court for license for said house az
an inn or tavern, for tho sale therein OF
Intoxicating liquors in less quantities than
one quart to be drunk on the premises
and the following respectable citizens OF
said ward, at least twelve Of whom are
substantial freeholders OF said ward, rec.
ommend the said application, viz.
Henry Wltsel 1'hos. j. Hume.
Daniel Hanly, j. G.. Seidel,
/ -. w. Lynch. Geo. A. Lewis
i 4. j. Ritchlel Thos. M. Monaghan,
COsmo l}arOnc, Thomas Duffy
S. ~. Cunningham, w. w. Crather,
| Prank j. Hanley j. r. Schwczer,
Patrick Dillon. j. II. Spruance.
| Daniel y. llauRhey Charles II, Taylor,
| Michael llnitsch John Coyle,
James q. Iiara, VIM. II. Simpers,
Lawrence Barker. John j. Monaghan,
| william g. Maier, Th0s. e.. Pratt
Chas. A. Downey'
aprii-3t JAMES SWEENEY.
Evening journal., 1903-04-16
LICENSE APPLICATIONS.

NOTfCE-I JAMES B TIASSON, the
owner and occupant Of The house sltuat-
cd ~ Sl3 Market street in the NTH ward
OF the city of Wilmington, county OF New
Castle, and State Of Delaware, IN com
pllance with the requirements OF the acts
of the General Assembly. In such case
made and provided, do hereby give notice
that I shall apply IN writing to the Court
lot General Sessions of the state OF Della
ware In and for New Castle county, on
Monday. the 18th day OF May, A. D., 1908.
being the next term OF said court, for a H.
cense for said house as an Inn or tavern.
for the sale therein OF Intoxicating liquors
in less QuanMtles than one quart TO be
drunk on the premises, and the following
respectablc citizens of said ward. at leasl
twelve OF whom are substantial freehold.
ers Of said ward, recommend the said ap.
plicatlon, viz;
George IT. Ash, Charles II. Behringer
John C. Brison, Daniel n. l<illroy,
Fred @. Mammele, II. G.. Simmons.
George ALBERT. Bernard II. HassOn,
NJ. j. Hughes, John S. Stewart.
John Il. Wckey John ID. Taylor,
Victor II. Bacon, A. j. Kooch,
a.. G.. Rupp, ~. Dstereicher.
l.. A. praNnor, Nathan Ieiberman,
~ A. Davidson, Charles Simmons
James Megary, a. W. Harting,
Harry H.. Bucher, John C.. Saunders,
Joseph L. Dailey, O. w. Everett,
aprli-3t JAMES -. IfASSON.
Evening journal., 1903-04-16
HELP WANTED-MALE.

WANTED Faithful person to travel for
well established house in a few counties.
calling on retail merchants and agents
Local territory. Salary N,04 a year and
expenses payable $3.50 "a week in cash
and expenses advanced. Position per-
mancnt Business successful and rush-
Ing. Enclose self-addressed envelope.
Standard House, 300 Caxton Bldg. Chi
cago.
WANTED-A married man to work on
farm. Apply. 1928 w. Fourth 81.
aprl5-3t
Evening journal., 1903-04-16
STORM ALMOST
STOPPED BUSINESS
Fishermen Did Not Go Out
and Travel Was Impeded.
Other Town Notes
Special to the Evening Journal

New Castle April 1e.-The Columbia
basketball team played it's last game of
the Season in the Opera House last
evening against the All-Stars, of Will
mington, and defeated the latter by a
score OF IA to IL. The game was played
nard by both teams, and in the second
half It turned into rough house. The
lineup was:
The Montgomery advertiser., 1903-06-30
STUDIES OF COMMERCIAL TREES
Balsam and Poplar in the Northeast and Hardwoods in the South
 to Receive Attention of
 oQ
Bureau of Forestry.

A study of the balsam will be carried on by the Bureau of Forestry this sum- mer in the Adriondacks and in Maine. Work has already been done in the Ad- irondacks and the object of the coming seasons work will be to conclude the study. the results of which will probably be published next spring. The main purposes of the investigation of balsam are to determine its suitability for use as paper pulp. the quantity which is now standing. and the results that can be ex- pected in the production of a second crop under conservative methods of numbering.
 A study of the poplar in Maine has come about through the increased use of poplar as paper pulp material. Its gen eral scope is similar to that of the bal sam investigation.
 The work on southern hardwoods this year will be a continuation of the study which has already been carried on dur ing two field seasons Its purpose is to determine the stand, the present and the possible uses, and the best methods of management for the following important commercial hardwoods of the South; Tulip-tree, white oak, post oak, chestnut oak basswood, chestnut, the mickories and white ash,
The Montgomery advertiser., 1903-06-30
JONES ". STATE.


 Indictment for Murder.-Appeal from the
 Criminal Court of Jefferson.
 Homicide; evidence as to Identity of weapon admissible. On trial under an indictment for murder, where the evidence shows that the wounds from which the death of the deceased resulted were in- cised wounds. 1t is competent for wit ness for the State to testify that the de- denfaut owned a knife. and that he had seen the defendant with such knife, and that the knife introduced on the prelim- mary trial was the knife he had seen the defendant with; such evidence tending to show that the defendant was provided with the means of infiicting the wounds described as causing the death.
 2 Confessions; admissibility thereof Statements made by the defendant to an officer just after his arrest, with reference to the homicide with which he was charg- ed. which are shown to have been made without any threats or indictments on the part of the officer, are voluntary and admissible In evidence as confessions. B. Homicide; admissibility of evidence- On a trial under an indictment for mur- der, where it Is shown that the wound resulting in the death of the deceased were incised wounds and there was evil dence introduced tending to show that the defendant owned a knife, and that the knife Introduced on the preliminary trial was the knife the defendant had been seen with. the, testimony of a witness that the defendant admitted on the prelimin | ary trial that the knife there exhibited belonged to him. Is admissible. 1. Indictment for murder; when no va | riance in character of weapon used.-Un, | der an indictment which charges that the defendant killed the deceased by cutting him with a knife or by stabbing him with a knife. a conviction may be had If 1t be proved that some other instrument was employed which occasioned a wound of 1 the same kind as the instrument charged; and a charge which so instructs the jury asserts a correct proposition of law and is free from error.
 s. Homicide; charge of court to jury On trial under an indictment for mur- der, where there Is evidence from which the jury might infer the existence of the ingredients of murder in the first degree. general affirmative charges in favor of the defendant which instruct the jury that if they believe the evidence they can not find the defendant guilty of mur- der in the first degree, are erroneous and properly refused.
 l 6. Homicide; charge as to weapon used.-On trial under an indictment for murder. which charges that the deceased
 was killed by being stabbed with knife, charge is erroneous and properly re- | fused which instructs the jury that "Un-
 1ess the evidence shows to the minds of the jury beyond all reasonable doubt that
 the deceased came to his death by being
 stabbed with knift. or cut with knife,
 then you can not find the defendant gull ty."
 Opinion by Dowdell J.
The Montgomery advertiser., 1903-06-30
HeAd-Notes Qf hhe Decisions
 Of Alabama Supreme Court.
HALL v. THE srATE.

Indictment for Murder.--Appeal from the
 Criminal Court of Jefferson:
 tending to show bias of witness.-whils 1t Is competent to show the bias of a wit ness by proving that he sustained such a relation to the party as will likely influ- ence his testimony, 1t Is competent for the defendant on . trial under an indict- ment for murder. to show that the wire of the witness who had testified for the State was the washerwoman Of the de- ceased.
 2. Homicide; admissibility of evidence. On a trial under an indictment for n,ur- der, the fact that two witnesses who tes- tiied for the State who were husband and wife and had difficulty on the day of the homicide. Is irrelevant and inao- niissible. 3. Putting witness under rule: ruling or court not revisable.-When witnesses have been put under the rule. it Is dis crNbi onary with the court to allow one of them to remain in the court room du- ring the examination of the others, or to allow a witness against whom the rule was enforced, to testify; and the exer- else of this discretion ,s not revisaole.
 ( Homicide; admissibiiity of evidence On a trial under an indictment for mur- der. upon the examination of the coro- ner who held the inquest over the de- ceased. it is not competent to ask him whether or not at the inquest there was evidence adduced tending to show that one of the witnesses who testified for the State during the present trial had some thing to do with the killing. and whether or not there was evidence at the inquest tending to show that there had been trouble between the defendant and the witness for the State.
 Affirmed.
 Opinion by Tyson.
The Montgomery advertiser., 1903-06-30
Opinion by TIaralson, J.
BROWN V. THE STATE.

Indictment for Gaming.-Appeal from the
 City Court of Montgomery.
 1. Pleading and practice: when error in ruling upon evidence cured by subsequent ruling. When. in a criminal case, upon the cross examination of a witness, the court refuses to allow the defendant to ask said witness a proposed question, any error in such ruling is cured by the court subsequently, permitting the defen- dant to ask the witness the question pro- posed.
 Affirmed.
 Opinion by Tyson. J.
The Montgomery advertiser., 1903-06-30
SUMMER EXCURSION RATES TO NEW YORK, BoSTc
 ANn THE EAST

The Central of Georgia Railway and It's connection now have on sale at all coupon ticket offices in the Southeast excursion tickets to New York. Boston and other Eastern cities and resorts via Savannah and Steamships of the Savannah Line. . good returning until October s1st. 19Q3 Tickets include meals and berth aboard ship Rates much less than all rail The rail ride to Savannah is quick and pleas. ant, through sleeping cars. The ocean voyage Is smooth and refreshing. Nine new and magnificent ships. More fre- uuent sailings than in previous years. Im- proved service aboard ship. Evening course dinners.
 For further particulars. apply to your nearest agent or Fred B. White,
 Commercial Agent,
 No. { Commerce St., adv-tf. Montgomery. Ala
The Montgomery advertiser., 1903-06-30
pinion by Haralson, J.
ROBINSON V. sTARNEs.

Action for False Imprisonment.-App
 from the Circuit Court of Henry.
 1. Trial and its incidents; presumption as to Judgment on appeal-Where 1t is shown by the record and the judgment entry that when the Judgment appealed from was rendered, the parties were pres ent by their attorneys. and the judg- ment entry recites that on motion of the plaintiff the cause Is dismissed at the cost of the defendant and judgment Is thereupon accordingly rendered against the defendant for costs, 1t will be pre- sumed on appeal that the judgment was by consent, there being no negation that such Judgment against the defendant for costs was consented to or acquiesced in by the defendant. and the judgment on appeal being presumed to be free from pear.
 Affirmed
 Opinion by Dowdell, J.
The Montgomery advertiser., 1903-06-30
TRACT UNDER FORESTRY.

A Chicago Man to Renew the Timber
 on His Big Preserve.
 William H. Bartle t of Chicago has decided to put his 210.o0O-acre preserve fin northern New Mexico under forest management. and has asked the Bureau of Forestry to make plan for handling the tract A party of four men under Austin F. Hawes, of the Yale Forest School will be occupied during the sum- mer with the work.
 The Bartlett tract lies in the Vermejo Valley southwest of Trinidad. Colo. on one of the spurs of the Rocky Noun tains and borders on Colorado in one place. It was formerly part of an old Mexican land grant. MT. Bartlet ac- quired 1t after the timber right on nearly all the land had been sold. Numbering of bull pine, the chief tree. is now going on but most of the timber rights will
The Montgomery advertiser., 1903-06-30
Opinion by Dowdell, J.
MILLS V. ABBEvILLE SOUTHERN
 RAILWAY CO,

Action against Common Carrlef'-Appedl
 from the Circuit Court of Henry.
 l. Action against common carrier; when can not be maintained.-An action can not be maintained against a common carrier for breach of contract, when there is not shown to have existed any con tractual relation between the pialntin and the common carrier.
 2. Same; same; case at bar-In an ac- tion against a common carrier, the com plaint claimed damages for the breach of a contract to issue bill of lading and for failure to ship hereunder the prop erty described. It was averred in the complaint that any contract was made directly with the plaintiff by the detend- ant. What is described as contract TOT
The Montgomery advertiser., 1903-06-30

expire next year and the owner wants the land to become covered again with a good growth of forest. It will be nec- essary. in order to accomplish this, to keep out fires and to improve that nat ural production of the trees. In cases 1t may be necessary to plant.
 The study will include the preparation of maps showing the topographic fea- lures, the types of forest the irrigation lands, and the lands where reproduction is well advanced. An entomologist will accompany the party to study. the harm done the trees by insects.
The Montgomery advertiser., 1903-06-30
Opinion by Haralson. J.
BANK OF LOTHIAN V. DAwsEY co.

BANK OF LOTHIAN V. DAWSEY & co. Action against Warehouseman.-App
 from the Circuit Court of Henry.
 1. Action upon warehouse receipts; can be maintained by transferee.-Under the provisions of the statute Code. Sec. 4222). the transferee of a warehouse receipt up- on which the words mot negotiable are not plainly written or stamped. can main- tain an action against the warehouseman for his failure to deliver the property therein specified, or for his wrongful dis position of the property without a sur render of said receipt.
 ?. Action upon warehouse receipt: suf- ficiency of complaint-In an action against a warehouseman by the trans fierce of his warehouse receipt, upon which the words mot negotiable are not plainly written or stamped. to recover damages for the wrongful disposition of the property therein specified, a com plaint which ayers that the plaintiff ad- vanced money on said receipts, but which fails to allege to whom the plaintiff ad- vanced the money and fails to aver to whom the receipt was endorsed, is insuf- flcient and subject to demurrer.
 Affirmed
 Opinion by Haralson, J.
The Montgomery advertiser., 1903-06-30
FOREST FIRES.
How They Occur and How They May
 be Controlled.

A study of forest fires. begun in the South this spring. will be continued dur ing the summer in Michigan. Minnesota. and Wisconsin by a party under H. J. Tompkins of the Bureau of Forestry. Mr. Tompkins will inquire into the methods used by the inhabitants in put ting out fires. and determine. if possible. how those methods may be improved. He will then attempt to devise some general system Of fire control for the States studied so that the Bureau. If called on, will be able to furnish their legislatures with recommendations for fire laws based on a thorough knowledge of the conditions.
The Montgomery advertiser., 1903-06-30
STEWART V. THE STATE.

Indictment for murder-Appeal from the
 Chancery Court of Wilcox.
 l. Indictment for murder; trial and it's incidents when abbreviation in copy of indictment served on defendant fur nishes no ground for quashing venire.- When an indictment charges that the de- fendant did uniawfully and with malice aforethouEht kill," etc., the fact that
The Montgomery advertiser., 1903-06-30
Our Store win be closed all day Saturday Jay |. $2.00 Eclipse Shirts for $l.38.
Abig cut inFine Shirts.

We put on sale big line of, regular $2.oo Fancy Eclipse Shirts at SI.38.. They are in all sizes. cuffs attached and detached. great variety of beautiful pat terms and at this price are the greatest bargains in Shirts ever offered in this city. We have sold Eclipse Shirts for years and they are without superior.
The Montgomery advertiser., 1903-06-30
J,ONGs5ORE. JUDGE Etc, v. THE
 STATE ex rel. TURNER. r,.A... s.- Mardoru,,a -Apu03l, from

IoNGsHORE, JUDGE Etc. v THE
 STATE ex rel. TURNER. Petition for Mandamus.-Appeal' from
 the Circuit Court of Shelby. i Mandamus; when alternative VIII defective and should be stricken.-Where, on the presentation of a petition for man damus. which prays for an alternative writ of mandamus commanding respond- ents to do certain things as required by law or to show cause at the next term of the Circuit Court of the county why they should not do the things demanded the court grants the prayer Of the peti- ton and orders the clerk ito issue rule nisi directed as prayed for and return able" to a specified day of the ensuing term of the Circuit Court of the county. writ issued by said clerk commanding the sheriff to notify the respondents "to appear at the time and place fixed in said order then and there to show cause If any they have. why the said respond ents,'' namieg them, 'as above set forth have refused and neglected to discharge the duties imposed on them" under the law referred to, such writ should, upon motion properly made. be stricken; 1t not being an alternative writ at all, and. therefore. wholly bad.
 Reversed, rendered in part and re- manded.
 Opinion by Mcclellan. c. J.
The Montgomery advertiser., 1903-06-30
Cuts, Bruises and Burns Quickly
 Healed.

Chamberlains Pain Balm is an antisep- tic liniment and when applied to cuts, bruises and burns, causes them to heal without maturation and much more quickly than by the usual treatment For sale by all druggists. --adV.
The Montgomery advertiser., 1903-06-30
,e alleged breach of which plaintiff

the alleged breach of which plaintiff claims damages, is averred to have been made between the defendant and one T. as the agent of one A. There were no facts averred in the complaint constitut- ing A. plaintiffs agent in the making of the alleged contract by As agent with the defendant. It was averred that the legal title to the property involved was restrained ia the plaintiff under his con tract of sale to A. until the purchase price was paid. and A. was to procure a bill of lading to secure the payment of the purchase price upon the delivery to the consignee of the property at the place of consignment. Held: That by said averment A. was not shown to be plain tiffs agent in contracting with the de- fendant for the shipmnet of the property under the bill of lading as specified. and there was no contractual relation shown to exist between the plaintiff and the de- fendant company, and that, therefore, the complaint failed to state cause of ac- ton and was subject to demurrer there for.
 Affirmed
 npipiox h.y nawNaII
The Montgomery advertiser., 1903-06-30

$51.75 San Francisco or Los Angeles and return. Tickets on sale July 3lst to August 18th. good returning until Oct. 18th. Diverse routes and stop-overs west of and including Rocky Mountain points.
The Montgomery advertiser., 1903-06-30

s35.0 Denver and return. Tickets or sale at Montgomery June soth to July 9th, return limit August 0st-
 Proportionately low rates from all other points.
The Montgomery advertiser., 1903-06-30

S16s5 St. Louis. Mo-. and return. Tickets on sale June Is. 16 and 17th, lim- tied for return to leave St. Louis not later than June 22nd.
 Proportionately low rates from all other points.