davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1903-06-13
CLAIMS DAMAGES
 ON SPRAYED HORSE
Peculiar Case in City Court Re-
 suits in MistriaI
JURY MADE BIG MISTAKE
Man Whose Horse Was Returned By Persons Who Found Him Charges That the Animals Value De-
 preciated While in Custody.

Judge Charles A. senn of the first divis- dict of the jury yesterday afternoon in the case of William Ralph vs. Damon Lee Livery company.
 The courts charge to the jury was: If you believe the evidence you must find a verdict for the plaintiff" through a misunderstanding of a technical point in the case the Jury brought in a verdict for the defendant, which the court at once set aside, and the case will now have to be tried over at some future time.
 The case brought out an interesting point-one which has probably never come up in the state before The evidence shows that on May 27, 1901. a horse stray ed into the rear door of the Damon-Lee stables on Third avenue. Upon the in- structions of MT. Dusenberry, the pro prietor, the employees drove the animal away several times, but 1t continually returned Finally the animal was tied up and fed and the proprietor of the stable began advertising in the daily papers for the owner. Six weeks rolled by during all of which time the horse was being fed at the stable.
 Jack Cooper came to the stable one day and wanted horse to drive down to Five Mile creek every evening and back in the morning, and MT. Dusenberry al- lowed him to take the stray animal, re- quiring no pay for it except that Cooper furnish feed.
 About this time the owner, William Ralph, appeared and demanded his horse, which was given to him. He then filed suit against the Damon-Lee company, alleging that when the animal strayed 1t was worth S100 but that when he got 1t back 1t was worth but s25. The testimony of the defendant. however showed that the horse was in much better cond- ton at the end of the six weeks thar when 1t strayed into the stable This fact was pretty conclusively brought out, but the instructions of the court to find for the plaintiff were based on the tech nical point that when MT. Dusenberry let Jack Cooper have the horse for a week for his feed. in the eyes of the law he appropriated the animal to his own use.
 When the jury brought in verdict for the defendant he therefore set 1t aside. The court maintained that a judg ment for one cent for the plaintiff would have been a good verdict, but that ac- cording to law they had to find for the p1ainftff
The Birmingham age-herald., 1903-06-13
RECORD OF COURTS.

The case of Sam Cheeks vs. W. J. Arm strong, ct aI.. is on trial in the second division of the City court before Judge wilkerson. The plaintiff is suing for dam ages.
 In the first division of the City court the case of John T. Alexander vs. Amer ican Telephone and Telegraph company came up before Judge Charles A. Senn, and a judgment given for defendant on pleadings.
 In the case of Charles Ellis vs. the United States Casualty company the suit was dismissed.
 In the case of Mrs. Anna D. Church vs. the Louisville and Nashville Railroad company the suit was transferred to the United States court.
 Only one new case was filed in the City court during the day, that of Monroe Rich vs. the Birmingham Railway Light and Power company It is a suit for per- sonal injuries.
 The Criminal court and also the Cir cult court have adjourned for the week
 In the Circuit court jury cases will come up next week. and during the last week in June the non-jury docket will be taken up. The court will adjourn for the summer vacation on July and will reconvene on the fourth Monday in Sep tember.
The Birmingham age-herald., 1903-06-13
OLD JUNE GIVES ICY HAND
 MANY SHIVERING SOULS

There were hundreds of people in Bir- mingham who awoke yesterday morning thinking that sudden chill had seized them. and the bulls soon forced panic In the blanket market.
 Late the night before the same people who had walked around during the day ''cussing'' the heat and mopping perspira- tion from their brows. made nasty calls to valets to remove the moth balls and bring overcoats from the winter closets.
 Everybody noticed the change In the weather and the pranks played upon them by the weather man were pronounced malicious mischief.
 The soda water fountains did not do the rushing business expected and the crowds that usually throng the park at East Lake failed to show up and the Chute the Chutes" man wore a worried look
 Young ladies who were clad in their thin gowns of white hurried home at an early hour and the coats of their escorts
The Birmingham age-herald., 1903-06-13
CHIEF WIER'S RAID
 NETTED CITY $15O
GAMBLERS PLEAD GUILTY AND PAY FlNE-oTHERS WILL PAY UP SOON AND THIS WILL PUT $57o IN THE TREASURY.

Ten of the men arrested last week in the room over the Dude saloon and ac- cused of gambling went before Judge N. B. Feagin yesterday and pleaded guilty. Each of them was fined $15, which was paid. This netted the city $150. and there are still twenty-eight others who have agreed to plead guilty and pay the fine before the 10th of July.
 When all the fines have been paid the city will have received $5I0 as result of the first raid made by Chief W. E. Wier. This is the first time that so large a number of men accused of gaming have pleaded guilty and paid their fines in many months. They are said to have been caught in the act and knew that a defense would be useless, therefore they decided to plead guilty and pay low fine instead of pleading not guilty, being tried and possibly having to pay big fine.
 Chief Wier states that this is not the last raid he would make on violators of the law, but that all would be raided as often as he is able to obtain information which will convict them. He states. how ever that he will not make raid unless he believes that he has sufficient evi- dence to convict.
The Birmingham age-herald., 1903-06-13
ID THE DEPOSITS
 OFFSET NOTES 2
Interesting Question Arises
 Over the Bank Failure
THE MERCHANTS AFFECTED
Some of Them Had Given Notes to Bessemer Savings Bank and at the Same Time Had Money on De-
 posit-Do They Lose7

Considerable discussion was heard on the streets of Bessemer and Birming- ham yesterday regarding a technical point that has arisen In connection with the depositors of the Bessemer Savings bank.
 The Bessemer Swings bank holds notes against a number of merchants in Besse- mer who were depositors In the bank. In many cases the deposits exceed the amount of notes. The question is whether the one will offset the other. If the mer- chant had s10O deposited in the bank and the bank held his note for $10O. would the two accounts balance, or would the note be turned Into the banks assets and the deposit to it's liabilities7 In other words. will the merchant have to pay the note and at the same time lose the biggest part of his deposit?
 An investigation of the case reveals the fact that the one will offset the other, Alex T. London was asked his opinion last night and said:
 T would give 1t as an offhand opinion that the two will offset each other. The relation between a. bank and depositor Is the same as that between a debtor and a creditor, and I can see no reason why the deposit would not offset the note"
 Walker Percy, in commenting on the subject, said
 ''The idea seems to be prevalent that the one obligation will not offset the other but in the case of the Bessemer Savings bank 1t would. According to the state banking laws, if man has $10OO on deposit with a bank. and the bank holds a note for 5000 against him, the two will offset unless the bank has discounted the paper and 1t Is In someone elses posses sion. If the bank shoulds sue him to col- lect the note he could set up the fact that the bank owed him 5000 and 1t would hold This law applies to state and pri- vate banks.
 ''The national banking laws which gov ern the national banks are different. If man has 5000 deposited in a national bank and the bank holds his note for 5000 and the bank falls, the note becomes part of the banks assets, and the depositor can only get his pro rata share of the amount he has on deposit"
The Birmingham age-herald., 1903-06-13
MISS WAY IS ENCOURAGED.
Her Work In Interest of Juvenile Court
 Is Appreciated.

Miss Catherine Way, who is here in the interest of the Juvenile court. is still visiting the various ladies of the city who are interested in the redemption of the wayward youth of the city. She has met with encouragement from all sides. and feels that she will be able to &C., complish her work in the city
 She has had several long talks with the members of the United Charities, and ex- poets to call on the ladies interested in the Boys Industrial school at East Lake.
 Miss Way hopes to be able to stay in Alabama until after the next meeting of the legislature and to get a bill passed through that body authorizing the Juven- He courts in the cities which are large enough to warrant it. She will probably unite with the ladies interested in the in- dustrial school and make a careful can- vass of the entire state.
The Birmingham age-herald., 1903-06-13
DR. SMITHS GREAT WORK.
Prof. j. M. Davidson Again Elected
 Superintendent of School.

The newly elected board of trustees for the Smithfield school met last night and organized by electing Dr. William w Long president and T. B. Afford secretary and treasurer.
 Prof. J. M. Davidson was reelected superintendent for two years. At mass meeting of the citizens of smithfield last Thursday night Professor Davidson's work for the past year was heartily en- dorsed, and his reelection as superin- tendent requested
 Through the generosity of Dr. Joseph R. Smith, this school has been run absolutely free of any tuition and Dr. Smith has authorized the present board of trustees to draw on him for an amount sufficient to supplement the public fund to run the school free for the next year.
The Birmingham age-herald., 1903-06-13
REAL ESTATE TRANSFERS.

The following real estate transfers were recorded at the Probate office yester- day:
 J. J. Thompson and wife sold to the Short Creek Grocery company a lot in the northwest corner of the northwest quarter of the southeast quarter of sec ton 22 township 1e, range west, the consideration being s1Ooo
 c. l.. Huey sold to T. A. Spencer the west half of lot 3, in block 5, in Phlan' s addition, the price paid being y145O k J. l.. Young and wife sold to T. H. Spencer lot 16 in block 1s5, in the city of Birmingham, the consideration being s11S1 .33.
 The Birmingham Realty company sold to w. B. Allen lot and part of lot D., in block s4S in the city of Birmingham, the consideration being s12oo.
 L. A. Prosch sold to c. J. Prosch, ct al., a lot on the northwest corner of Twenty-fourth street and Twentieth ave- nue. North Birmingham. the considera- tion being s1200
The Birmingham age-herald., 1903-06-13
lpR. ROBINSON ExoNERATED.
Jury Finds That Allison Hope Is Not
 Entitled to Damages.

The jury in the case of Allison Hope ys. Dr. T. M Robinson returned a yer- noon, after being out about two minutes. The case has been on trial for several days before Judge W. w. Wilkerson and has attracted considerable attention among surgeons.
 The plaintiff charged malpractice in dressing his wounded leg and that the lack of care in it's treatment ultimately resulted in the loss of the member. A great deal of expert testimony was in- troduced during the trial and some of the most prominent surgeons in the county were called upon to testify.
The Birmingham age-herald., 1903-06-13
WARM FIGHT AT WoODLAWN.
5urrls and Dennis Tickets Will Each
 Have Strong Support.

A mass meeting was held fin woodlawn last night under the auspices of the Bur rs club. The meeting was in Woods hall and largely attended by the supporters of MT. Burris for mayor before the peo- pie of the town in the municipal election next month.
 A. H. Sims presided and interesting speeches were made by Mir. Burris, J. B. Gibson, A. II. Sims and others.
 The opposition ticket. headed by Mir. Dennis, is called the citizens ticket It is probable that a number of meetings will be held between now and the date of the election.
 It is understood that the Dennis ticket supporters claim that the men who are behind the Burris ticket have been close to the administration of the affairs of the town for so long that they desire a change.
 The fight Is purely within the demo- cratic party. and 1t promises to become very warm" before election day.
The Birmingham age-herald., 1903-06-13
WILL SOON BUILD
 $26,OOO SYNAGOGUE
k,NEssETH ISRAEL coNoREGA- TON EXTEND INVITATIONS TO
 PUBLIC TO ATTEND THE COR NER STONE LAYING ToMoRoRW

An invitation has been extended to the public to attend the laying of the corner stone of the synagogue of KNesseth Israel congregation tomorrow afternoon at the corner of Sixth avenue and Six teenth street
 The programme for the afternoon exer- cises will be as follows:
 Opening remarks by J. Minisman, presi- dent.
 Prayer by Rabbi M. Newheld Address by Dr. Samuel Ullman.
 Address by Mayor w. M. Drennen.
 Address by M, V.s Joseph.
 Address by Rabbi M. Newfield.
 Verses and psalms 100, Ill, 11S, 15 and 29 will be rendered by the Sunday school class.
 Address by s. Klotz.
 Address by Hon. Rufus N. Rhodes.
 Address by Emil Lesser.
 Address by E. T. Rudulpn.
 Address by M. w. Friedman.
 Benediction by Rabbi M. Newfield.
 The committee on arrangements con slsts of M. Wolf, I. A. Kronenberg and F. A. Abeson.
 RNesseth Israel congregation was chartered November [ 1891, with a very small membership, holding services at the annex of the First Baptist church. cor ner of Twenty-second street and Sixth avenue.
 They were successful until the panic struck the city. During the panic more than half of the members left town for different parts of the United States. and the remaining members, by hard strug- gle, kept the charter in existence
 Ten years later they gathered up a sufficient membership to be able to pur- chase a lot, on which they are building their present edifce.
 The total cost of the house of worship will be about s25,OOO. the biggest part of which was paid In by the members of the congregation and also by their core ligionists and the good citizens of the city.
 By the able management of the build ing committee and by their efforts this structure, when completed will be an other addition to the many fine public buildings of the city.
The Birmingham age-herald., 1903-06-13

were worn tightly buttoned. Many coat collars were turned up yesterday and some are reported to have worn mufflers as guard against the stiff, cold wintry blast
 Not in years has Birmingham been vis- tied by such an ungentle touch of winter tapping over to near the middle of June. No one pretends to say where the cold came from but 1t was in the city and here to spend a night.
 The report that reached Birmingham last night that a thin sheet of ice had formed over a bucket of water on rear porch of a North Birmingham residence could not be verified.
 The temperature, according to the weather bureau was down to 7.s degrees at o'clock and yesterday morning at 8 o'clock 6s.2 degrees were registered.
 During the past ten years the following June weather has been recorded: 1902, 55 degrees; 1901, 5S; 1sOO 64; 1899, 5s; 1s9s 6s; 1897, 5s; 1896, 5s; 1895, 7O 1894, 64 and 1893. 5s.
The Birmingham age-herald., 1903-06-13
MUST LEAVE TOWN
 OR HUNT A JOB
YOUNG MEN WHO HANG AROUND
 STREET CORNERS AND POOL ROOMS MUST GIVE AN ACCOUNT OF THEMSELVES OR MOVE ON.

Chief of Police Wier intends making a crusade against the large number of boys and young men who hang around the street corners of Birmingham.
 Yesterday afternoon Detective Patton was detailed to round up some of these who have not apparent means of support. and three of them were carried to the chiefs office. He gave them instructions to leave the city in forty-eight hours or get them a regular job.
 The three detectives will be instructed to trace some of these boys down and find out how and where they liv Many of them are from out of the city and come here to live by hook or crook. In many cases they are young criminals and capable of doing anything to get a few dollars.
 Besides these things a number of conn plaints have been made against them by ladies. who claim that they loaf around the street corners all the time and make remarks as they pass
 Chief Wier states that all of them have got to work or leave the city. If they refuse he will lock them up and have them tried before Judge Feagin with a request that they be given heavy fines so as to keep them off the streets. Should this means fail, Chief Wier will swear out warrants against them and have them tried In the higher courts.
 There are probably more than 100 of these young men. They hang around the saloons. pool rooms and similar places. As far as can be ascertained they have no way of living, and in the police circles they are known as "pimps.'
The Birmingham age-herald., 1903-06-13
V. R. EMRIck A GENIUS.
Birmingham Boy Possesses Wonderful
 Knowledge of Mechanics.

V. R. Emrick son of H. W. Emrick, superintendent of the Belt railroad, Is mechanics
 He received special mention at the clos ing exercises at Auburn this year on ac- count of workmanship on an automobile. Last year he won $50 prize for mechani- cal work
The Birmingham age-herald., 1903-06-13
ALLEGED BURGLAR BOUND OVER.
Henry Harris, Alias Bob Thomas, Held
 to the Grand Jury.

Henry Harris. alias Bob Thomas. was yesterday bound over to the Criminal court by Judge Feagin on a charge of burglary and grand larceny. His bond was set at $500 and in default of that amount he was carried to the county jail.
 The negro is accused of breaking into a tool house on the south side near Thir- teenth street and Twelfth avenue and stealing a number of tools. Two saws were recovered by Policeman Eagan, who made the arrest.
The Birmingham age-herald., 1903-06-13
EXCURSION RATES
To Baltimore, Md, and Return via
 Southern Railway.

Account meeting Grand Lodge B. and P. O. Elks the Southern Railway will sell round trip tickets to Baltimore July 19 and 20, limited to July 25 at rate of one fare plus $2. For parties of twenty five travelling together on same train rate of one fare will prevail. Extension of final limit to leave Baltimore not later than July 3 can be had by depositine tickets and paying fee of g.
 Detailed information cheerfully fur nished upon application at passenger of- flee Morris Hotel building. Telephone si7 J. c. Lusk. District Passenger Agent.
 6-7-to-7-20
The Birmingham age-herald., 1903-06-13
confederates to Meet.

The regular monthly meeting of Camp Bedford Forest No. 1887. U. c. ", of Woodlawn will be held at the city hall this afternoon at o'clock. All who have not received crosses of honor are ex- pected to be present. Reports from dele gates to the reunion will be made. A committee will be appointed on cclebra- ton of July 4. A full attendance is urged by commander.
The Birmingham age-herald., 1903-06-13
Nearo Held for Assault.

Dow Shubles. a negro. was yesterday bound over to the Criminal court on charge of criminal assault on a little negro girl only six years old. The as- sault occurred several days ago and the negro has been in the city jail until the child was able to appear in court and testify against him.
The Birmingham age-herald., 1903-06-13

will not only save you distressing pain and valuable time. but will cost you less money. There Is also satisfaction in knowing that the very best possible treat ment is being given to you by compe- tent physician who has experience In such matters and is capable of curing you in the quickest and most perfect manner possible. l have treated private diseases as a specially for the past fifteen years in the city of Birmingham. and 1 am therefore known to great many. But if you are not acquainted with me. l re- fer you, with permission, to First Na- tional bunk, Alabama National bank. Jefferson County Savings bank a Steiner Bros. bankers as to my res billty for my contracts. 1 cure m tients by mail treatment Wri- prices and terms.
 l do not use large advertisements false statements to attract patients which merit has failed 10 secure. If you fail to be cured by such methods. give mo q call and get well.
 Address Dr. Y. ID. Holloway. iS01H s ond Avenue. Birmingham. Ala
 Office. Second avenue and Eightee opposite postoffice.
 office Hours: s:3o a. m. to 5:30 D. Sunday. 10 a. m. to 12 m
The Birmingham age-herald., 1903-06-13
SUMMER EXCURSIONS
Via Central of Georgia Railway,

The Central of Georgia railway now has on sale at all of It's coupon ticket offices excursion tickets:
 To eastern cities and resorts via Savan- nan and steamship lines.
 To Tybee, the most delightful seashore resort on the South Atlantic coast.
 Quick and convenient schedules; through secpir car service Full par ticuIars rates. schedules. etc. cheerfully furnished upon applicatio to your near est ticket agent or solon Jacobs commer- cial agent, 1921 First avenue. Birming- ham. Ala 63-tf
The Birmingham age-herald., 1903-06-13
If You Are LookInq

for a perfect condensed milk preserved without sugar. buy Borden's Peerless Brand Evaporated Cream. It Is not only perfect food for infants. but It's de- licious flavor and richness makes it su- perior to raw cream for cereals coffee, tea, chocolate and general household cooking. Prepared by Borden's Con- densed Milk Co.
The Birmingham age-herald., 1903-06-13
SIX Umbrella Was Costly.

John Cosby. negro, was yesterday fine s10O and sentenced to work 1sO days on the streets by Judge Feagin on a charge of petty larceny. The negro stole silk umbrella valued at several dol- lars.
The Birmingham age-herald., 1903-06-13
snur Track to Royies.

Deeds to right of way for spur track to Boyles from the line of the Louisville and Nashville Railroad company have been filed in the office of the probate judge.
The Birmingham age-herald., 1903-06-13
City Buys Draueht Horses.

Four fine draft horses were purchased by the city yesterday to be used on the two new street sprinklers recently pur- chased. The animals were hitched up and the sprinkiers put into service for the first time yesterday.
The Birmingham age-herald., 1903-06-13
BUILDING PERMITS IssuEp.

A building permit was issued yester- day from the office of the city engineer to M B. Dickinson to erect two-story frame dwelling on Twelfth avenue, south, between Sixteenth and Seventeenth streets, to cost $3O00
The Birmingham age-herald., 1903-06-13
7--=7@H'77--7-7------7-- Richard Randolph Recovers.

Richard Randolph who was operated on for appendicitis, has recovered and Is able to be at home from the lnfrmary. His little daughter, who was operated on for the same cause is doing well.
The Birmingham age-herald., 1903-06-13
HE|DT-NELSON
 Goal and
 Lumber GO. Phones O43
Avenue E., from 10th to I7th Ssts
DR. Y. E. HOLLOWAY,
Iclan and surneon.

Three-fourths of the persons who come to me to get cured of Syphilis, Gonorrhoea. Gleet, Structure. Los Manhood and other private diseases have tried to get well by using oth- CT means. Why not come as soon as you find that you are sfflicted7 Ig
The Birmingham age-herald., 1903-06-13

At the Florence: E. J. Wilson, Cincin- nati; R. L. Hepp, Cullman; H. R. Pond, New Orleans; R. O. Meek, Ozark; W. L.. o. Mason, Macon; F. Kaufman, Mobile; J. w. Lockhart. opelika; F. A. Miller, AL bertville; E. P. Lightcap. Talladega! c. Rudel. Auburn; W. P. Sanford. Opellka c. N. Massey, Eufaula; C. T. Courson, Alabama; A. G. Conkling, Cleveland; D. Goldberg Bessemer; S. c. Profit, Floyd; Wallace Rhodes, wife and son. Atlanta R. Kohlee, New York; T. N. Wilson, T. A. Dodd, Nashville; r. M. Blanton, Hal eyville; A. w. Gersberger, W. D. Smith. Chicago; Charles E. Alcorn, NdY York; H. A. Hagler, Warrior; V. L. Stone, Buff faio. w. W. Ogden, Sulligent; E. A.. Meader, Savannah; l.. c. Baton, Dan vile; F. P. Dunwar, Fort Smith; S. j.. Nelson. Tennessee; H. Patrick, Alabama; {; E. L. Colebeck, Greensboro.
The Birmingham age-herald., 1903-06-13

Mir W. H. Thompson. manager and buyer for Collins shoe store, leaves this afternoon on an extended trip east. osm- bining business with pleasure. Mir. Thompson will visit Washington, New York and Boston. After spending several weeks at different watering places, Mir. Thompson will return via Covington and Louisville.