davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1904-08-27
BELL V. THE STATE.


 Indictment for Murder.-Appeal from the Circuit Court of Madison. 1, Organization of jury; separation of turymen before being sworn, no ground for quashing panel.-Wpere. after the drawing and selecting of the twelve Jurors to constitute the panel to try a capital case, but before said jurors are sworn for the trial of said case, the fact that two of such jurors separated themselves from the others, constitutes no ground for Quashing the panel of jurors drawn or wor discharg- ing from the panel selected the two jurors who so separated themselves from the others.
 ?. Homicide; admissibility of evil dence.-On a trial under an indictment for murder, where a witness for the State had testified to the shooting of the deceased by the defendant, the statement of such witness, in response to a question asked by the defendant on cross examination as to the manner of defendants action at the time of the shooting. that defendant acted
 like he thought five or six men were
 after him." is the statement of a mere conclusion of the witness, and
 should be excluded.
 B. Same; same; evidence as to in-
 sanity.-On a trial under an indict-
 ment for murder. where the defendant
 pleads not guilty. and the statutory
 plea of mot guilty by reason of in- sanity" where the father of the de- fendant testifes to facts tending to show that the defendant was mentally unbalanced and that there was insan- ity in the family of his ancestors. 1t is competent for the State, on the cross examination of the defendants father. to ask him Has the defendant ever
 been crazyT 'Is the defendant crazy now?"
 Affirmed.
 Opinion by Tyson, J.
The Montgomery advertiser., 1904-08-27
Opinion by Haralson, J.
BOWEN vs. THE STATE.

BOWEN vs. THE STATE. Indictment for murder-Appeal from
 the Circuit Court of Macon.
 1. Homicide; circumstantial evil dence; admissibility of evidence Where, on a trial under an indictment for murder, the evidence tending to prove that the defendant fired the fatal shot, Is circumstantial and tends to show that on the morning of the kill ing the defendant made inquiries for the deceased's whereabouts, that he was seen near the place of the homi- eide just before 1t occurred. that on the day before the homicide. the de- ceased, after winning money at dice from the defendant, had swopped watches with him. paying the difference in money, and then won back the money 1t is competent for the State to prove, as tending to show a motive for the killing, that on the afternoon before it occurred the deceased wore a cord with the defendants watch attached thereto, and that when the body was watch was gone.
 2. Homicide; circumstantial evil dence; proof of motive as to third per son inadmissible.-On trial under an indictment for murder, where the evil dence tending to connect the defendant with the homicide Is circumstantial. and in the absence of any testimony tending to connect a third person with the crime. proof of motive on the part of such third person to kill the deceas- ed, is erroneous, inadmissible and in competent.
 8. Homicide; circumstantial evil dence; charge of court to jury.-On a trial under an indictment for murder, where the evidence tending to connect the defendant with the homicide is circumstantial, charges requested by the defendant which instruct the jury that "No matter how strong may be the circumstances. if they can be re- conciled with the theory that some other person than the defendant may have committed the crime. the defen- dant should be acquitted" is erroneous and properly refused.
 4. Same; same: same.-1n such a case. a charge which instructs the jury that If they "are in doubt from the evil dence as to whether or not the defen- dant was near enough" to the deceased at the time the wounds from which the deceased died were inflicted to have inflicted said wound then the jury must acquit the defendant, Is erroneous in that 1t takes from the consideration of the jury that doubt which would authorize an acquittal Is a reasonable doubt.
 5, Same; same: same.-In such a
The Montgomery advertiser., 1904-08-27
Into your pocketbook at our store is always advantageous, especially so if you buy a can of
Rogers StainflOOr Finish.

This finish is just the thing 70 make old pine floors look like hardwood. It is ex- tremely tough, durable and elastic, is not affected by hot or cold water, soap suds do not injure it in the least and it will not crack, chalk or chip off. Dries over night hard enough to walk on. We carry in stock Dark Oak, Light Oak, Cherry, Walnut and Mahogany.
The Montgomery advertiser., 1904-08-27
SHOOTS MAN WINS.
John Cutler Nominated for Governor of
 Utah.

Salt Lake City. Utah, Aug. 25.-After bitter all-day fight. John Cutler of Salt Lake was nominated for Governor by the Republican State Convention to- day on the second ballot.
 The fight for the Governorship was q three cornered one between Governor H. NJ. Wells. now serving his second term in that office; J. H. Hommand, Sec retary of State, and John Cutler a mer- chant of Salt Lake. and absorbed the attention of the delegates to the exclu- sion of the rest of the ticket Mir Hammond withdrew after. the first bal lot. The second ballot; Cutler. 239; Wells. 22l,
The Montgomery advertiser., 1904-08-27

Charges that church influence was being used in behalf of Mir, Cutler were freely made by the adherents of Governor Wells and MT. Hammond IT, directly the fight for the United States in the Utah Legislature next winter was brought Into todays contest, Senator Smoot who Is one of
The Montgomery advertiser., 1904-08-27

the twelve apostles of the Mommoni Church. being an open and active sup-I porter of MT. Cutler, while GovernoH1 Wells was helped in his campaign bH' Senator Kearns. I
 During the balloting the feeling besl tween the Wells and Cutler adheKenami broke forth several times.
The Montgomery advertiser., 1904-08-27
WORLDS FAIR SPECIAL RATES TO
 g'C InVIG

On each Tuesday in September, 1901. tickets at special low round trip rates will be sold via Mobile and Ohio Rail. road to St. Louis from Montgomery and other points in South and East. Apply to MT. P. S Hay s. E. F. A., NJ & O. R. R., Montgomery, Ala adv-tf
The Montgomery advertiser., 1904-08-27

There are times when looking up Colorado canon is more religious than going to q prayer meeting Byron un derstood the sanitary influence of na ture when he said:
 There is society where none intrudcs By the deep sea and music in it's roar
The Montgomery advertiser., 1904-08-27

From this page three thousand years old there comes a lesson for our own day. In the spirit of Elijah one may run before the chief magistrate of his nation. Not truculently. but in the sense of casting the full weight of his moral influence in support of the office and officer.
The Montgomery advertiser., 1904-08-27
jeopardy of the defendant. when sufa- ciently pleaded. Is defense against such second indictment
 Reversed and remanded.
 Opfnion by Mcclellan. C. J.
FIX PARTE COLBY EFT AL. Petition for Mandamus.

FIX PARTE COLBY EFT AL.
 Petition for Mandamus.
 1. Mandamus: cannot be resorted to for purpose of directing particular mandamus may is- sue in a proper case to compel an in- ferior court to hear and decide a con- troversy of which 1t has jurisdiction, such a writ cannot be issued for the purpose of directing the court what particular judgment 1t should render in a pending case.
 2. Contempt; when not shown by failure to pay costs in suit as ordered by court.-where. in a bending sui the trial court on motion stays the further proceedings until the plaintiff therein pays the costs. the plainiff is given until the next term of the court to comply with the order; and at the next term of the court. upon the plaintiff having failed to comply with such order by paying the costs, the cause is dismissed; and the failure of such plaintiff to pay the costs cannot be construed as a contempt of court. Manda'mus denied.
 Opinion by Haralson, J.
The Montgomery advertiser., 1904-08-27

Save for my daily range the pleasant fields of Holy Writ, I might despair. -Tennyson.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1904-08-29
RUSSIANS ON PORT
ARTHUR SITUATION

Lao Yang, Aug. 2o. Numerous re-
liable reports which have reached here
through a dispatch carrier and other
persons are to the effect that despite
the extreme Japanese measures of the
past fortnight to perfect a blockade d
Port Arthur by means of sinking all
junks near that place, the Russians
outside Port Arthur are considerably
undefestimated ais is also the resisting
power Of the fortress, which IS likely
TO hold out for two months and pos
ssibly until January, even under such
q strength Of assault as the Japanese
are using.
Contrary to the belief here that the
Japanese had taken the outer forts at
Port Arthur, it is now understood that
the Russians up to Aug. rs were sue
cessfully defending a five mile circurn-
terence and that although the old town
was receiving an average Of twenty five
Japanese shells daily, the restaurants
and clubs, properly safeguarded, con-
tinued open and there was order
throughout the town. The Japanese
occasionally shell the new town and
often attempt to rush the outer trench
es, sometimes arriving to within 100
yards Of them when they are unable
to hold their own owing to the NOR
tality in their ranks.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1904-08-29
ANOTHER ROW
IN S. AMERICA
Uruguay Chased Their Insurgents on
Argentina's Territory and Did
Some Killing.

Buenos Ayfes. Aug. ao great
sensation has been created here owing
to the surprising by troops of the gov
.ernment of Uruguay Of a Uruguayan
force numbering I8o
men fully armed and equipped Under
Colonel Pampillion on steamer on the
Uruguayan coast, but in Argentine ter
Iritory. I'll
President Orodonez, of Uruguay has
been warned that preparations were
being made for an insurrectionary
|expeditior and dispatched two forces
with armed vessels to watch for the
expedition. AT night the government
troops attacked the. insurrectionists
with continuous and merciless fire.
Many Of the latter swan ashore, but
eight badly wounded were captured.
The fate Of the others is not known.
The insurrectionary vessel was also
captured and with considerable guam
|tity of telegraph apparatus. Diplo-
matte relations between Argentina and
Uruguay have become much strained
owing to the incident.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1904-08-29
ELECTRICAL RAILWAY
MOTORS COMING SOON

New York, Aug. 90. Fifteen hun
Idred members OF the Brotherhood OF
Locomotive Engineers, representing
localities within 500 miles Of New York
at a meeting here Sunday unanimously
voted to support the contention OF the
motor engineers employed on the ele-
waited road that the men employed in
the subway shall be paid the union
wage of S.. so for a nine-hour day, in
stead of $3 for ten-hour day, the rate
lat which General Manager Bryan, OF
the Interborough Rapid Transit Co,
proposes to pay the subway motor
men.
Besides the discussion Of local con
ditions, the, meeting considered the
question of the introduction generally
|of electricitysin place OF steam power
on railroads not only in the vicinity o
New York but also throughout the
country The men are convinced that
/ this is. coming more quickly than is
commonly believed and the greatest
part Of today's session was devoted tc
the consideration of this subject.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1904-08-29
RUSSIANS
RETREATEb
GENERAL KUROPATKIN NOW
ENTRENcHHD IN LAO YANG
He Is In Strong Position and the At
tack Of the Japanese Began at 8
O'clock This Morning Decisive Bat-
tie May Be IN Progress.

Lao Yang, Aug 2o.The Russian
army has effected its retirement with
the transport and artillery on Lao
Yang and is now in position awaiting
the advancing japanese. The Japanese
resumed the battle at s o'clock this
morning, the point Of attack being the
Russian south front. The Japanese in
fantry is advancing to the attack and
regiments are deploying in open OF
der
The Japanese transferred their ac-
.tivity to the Russian eastern and south
.ern fronts. A rear guard action is pro-
.ceeding. The weather is improving
and the roads are drying. The events
are therefore likely to be precipitated.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1904-08-29
RUSSIANS RETIR +.

Lao Yang, Aug, zo The Russian
forces have been disapp pointed BY an
other unexpected withdrawal The
whole eastern division and the troops
on the .An Shan Shan position have
been ordered to fall back to positions
nearer Lao 4 Yang just as the soldiers
were expecting another advance
he Japanese are not following the
Russians. IssE:
The advance from the south IS ap-
parently being pushed home Sounds
of artillery from that direction are
palmer than they were yestcrd day.
The Chinese At Lao \ ang are bring
ing out women and children which they
ustially do when expectif1g 4 japanese
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1904-08-29
NATIONAL LABOR PARTY.

Chicago, Aug. 2o.-A number Of
delegates have arrived for the conven-
ton called by the Chicago Federation
of Labor for the purpose of forming a
new political party of workingrnen,
farmers, single takers, turner societies,
and economic reform bodies.
The radical views entertained by the
organizers Of the new party are ex-
pressed in the official call for the con-
vention Among other things the pro-
moters accuse both the republican and
democratic parties of betraying the con-
fdence Of the working people and state
that, instead of political freedom in the
United States there is being reared both
IA political and industrial despotism I'M
surpassed even in Russia. "a
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1904-08-29
OHIO STATE FAIR.

Columbus. O., Aug. 2o.--The city is
rapidly filling with visitors to the Ohio
state fair, which opened today for a
season of FIVE days. In evry particular
the present exhibition is UP to the high
standard set by fairs Of previous years.
All departments are well filled with
choice exhibits Of the agricultural and
industrial interests of the state. The
entertainment features also are nunler-
Gus and of a high class. The racing
programme was inaugurated this after
noon under auspicious conditions.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1904-08-29
SPANISH WAR VETERANS.

Wapakonsta, O., Aug 2o.-Streets
and buildings here are gayly decorated
in honor Of the Spanish war veterans
whose annual state reunion opened to-
day Scores of visitors from every part
of the state arrived last night and this
morning. In addition to the opening
exercises held in the city hall this, fore-
noon the days programme included q
military parade at noon and an elabpr-
ate floral parade later in the day. The
reunion will extend over tomorrow.
Sandusky, Hamilton and Findlay are
contesting for the honor Of entertaining
next years reunion.
For State News Read The Forums
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1904-08-29

Won The RACE
BIG SWIMMING CONTEST
WAS PULLED OFF TODAY
Chas. Seigfried Won With One Leg
Some Women Were Close Seconds =
Many Men Gave Up the Race Long
Before the Finish. s.

New York, Aug ao.-An endurance
swimming match from the Brooklyn
bridge to Coney Island, under the SUI
perxision Of United States Volunteer
Life Saving Corps. resulted in a vic
tory for Charles Seigfried, one legged
man, in five hours and forty-eight
minutes. Two young women were close
behind at the finish. Nearly all the
men contestants gave up long before
Coney Island was sighted.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1904-08-29
ACETYLENE GAS CAUSED
A Fatal EXPL LOSION

Cass Lake, Mimi, Aug. 2o.-Two
men roasted alive, one in citical con-
dition from injuries. and two others ser
iously burned is the gruesone record of
Ia terrific explosion Of an acetylene gas
plant iii the two-story brick building
owned BY Rivard & Weld and known as
the Bank saloon, Saturday evening.
The saloon was located on Second
Street iii the heart of the business dis
trict of the city, and the force of the
explosion broke nearly every window
|for three blocks in all directions. The
interior Of the building was completely
wrecked, and almost instantly after the
explosion the structure took fire. The
FIRE department and volunteers respond
led promptly and the work Of rescue
began
Rivard was rescued and later Iver
Void and John Johnson were found III
| the basement seriously burned They
|! had been given up for dead, and their
escape Is considered marvellous.
In the rear of the building the call
for help from two other persons could
|be heard by the fifetnen, but while brave
Iefforts to rescue The 6t ltofnbed men were
being made, The cries ceased, and soon il
Iwas ascertained that the flames bad
claimed the prisoners as their victims.
Tlie roof of the building was blown
| high iii the air and fell entering the
building and crashing IL. the first floor.
IThe Sfrawbridge building west wall
Iwas seriously damaged md all the dry
soods stock 81 tlIs shelves upon tllas
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1904-08-29
MINNESOTA STATE FAIR.

ST. Paul, Mimi, Aug. 2o.-Bigger and
better than ever before. the Minnesota
State Fair was openeN to the public
today with record breaking attendance
for a first day. Several large and mag
|ni6cent buildings have been constructed
during the past year and all Of these are
we'll filled with a comprehensive display
illustrating the resources and industries
|of the state. Probably the most import
ant feature is the live stock exhibition
which surpasses any previous display
|of pure bred cattle held in the north
west.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1904-08-29
PACKERS REFUSED TO
CONFER WITH STRIKERS

Chicago, Aug 2oAn application
was made to the packers by the strikers
for a conference for the purpose of
bringing about peace but the packers
refused, giving as reason it could
do no good 1t is understood the
strikers wished for a surrender on the
basis Of rehiring union men at the
former scale of wages so that il could
be said settlement had been affect
ed. g$
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1904-08-29
FAIRBANKS MADE IA
SPEECH i'm VERMONT

White River Junction, VT, Aug. 90
Senator Fairbanks. republican candi-
date for vice president, delivered his
first formal speech of the campaign
here this afternoon. Large numbers Of
persons from all parts Of the county
and western New Hampshire were
present
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1904-08-29
PORT ARTHUR SCRAP
HAS BEEN RESUMED

Che Foo, Aug 2o-Severe fighting
was resumed at Port Arthur. Aug. 2z
according to the Chinese who left there
that evening. One Chinese said thirty
carts were used to carry 400 dead from
the outskirts of the city. A policeman
told the Chinese that the efficient sol
diers in the garrison of Port Arthur
numbered over 10000.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1904-08-29
TO SETTLE
THE STRIKE
THE UNIONS WILL MAKE Al
PROPOSITION TO PACKERS
The Session Of the Strikers This Morn
Ing Was Brief and an Adjournment
Was Taken For 4 Conference With
the Allied Council.

Chicago, Aug 2o.-The executive
board Of the Afnalgamated Meat CUT
tiers and Butchers Workmen adjourn
ed after a short session and the mem
Ebers went to confer with the Allied
Trades Council. 1t was admitted a
proposition for the settlement OF the
strike would be presented to the cotin-
ell for action but the details were with
held.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1904-08-29
VALUABLE STORES WERE
LEFT BY THE RUSSIANS

London, Aug 2o.A dispatch to a
news. agency from Toxic says: On
the Japanese advancing to attack An
Ping the Russians evacuated the place,
abandoning large quantities Of stores
Ii is roughly computed the Russian
force around Lao Yang consists oi
thirteen divisions.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1904-08-29
AN UNKNOWN GIRL
WAS SUDDENLY KILLED

Fergus Falls, Mimi, Aug. 2o.--A girl
about is years old stepped off the local
train ON the Great Northern at Evans
vile before it stopped this afternooff
and struck her head against beam Of
a coal shed. The blow killed her instant
ly. She boarded the train at Brandons
No means of Identification have been
found
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1904-08-29
NEW PHASE OF THE,
STRIKE SITUATION

Chicago, Aug. GA new develop
.inent Of the strike today was the walk
out Of 200 employees at the plant Of the.
American Can Co, being ordered to
quit because the company was furnish
ing cans to the packers.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1904-08-29
JAPS HAVE NOT CUT
THE RAILROAD LINES

st. Petersburg. Aug. o.The de-
partment Of telegraphy informs the
Associated Press that the lines are
working direct to Lao Yang, thus re-
0futing the report that General Kuroki
had cut the railroad
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1904-08-29
LOSSES OF RUSSIANS
SAID TO HAVE BEEN 5000

Hardin, Aug. 2o.-The Russian losses
in the fight Aug IS and 2o east and
south Of Lao Yang were 5000 killed
or wounded.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1904-08-29
THE FINNS ARE PLEASED
AT RUSSIA'S ACTION

Helsingford, Finland, Aug. 2oTlle,
definite announcement Of the convering
OF the diet Dec. s created an excellent
impression in Finland where it had
been feared for months it was the in
tention of the Russian authorities to
refuse to summon it.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1904-08-29

Short Sheared Zibelines, Exquisite
and Beautiful, AT Per Yard.
Sc, $2.7S, 81, $3.50 and SIS.
Clan Matte Cloth, at Per Yard. .$l.25
Venitian Poll, at Per Yard. $3.50
Paris Crepe, at Per Yard .$1.25, $50
Crepe du Nord, at Per Yard .$1.25
French Voiles, at Per Yard.
soc, 85c, $f.00, LIS, $1.50, $1.75
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1904-08-29
tonight and tomorrow; probably local showers
Dress Goods Styles, Fall 1904

Varied
Leaders Supreme Coming
Fall and Winter Proninen Rich Elegance Mannsh
Sutngs patterns unonspicuou
Soft Montopne Effects. Name these Costume q -
Cloth. "A ~ 6n -
Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1904-05-23
WHAT WE EXPECT.

Tacoma's public building is under
going the usual experience. Congress
made an appropriation Of 100000 two
years ago for its construction. A site
has been purchased but nothing more is
likely to be done until an increase can
be authorized sufficient TO procure a
structure which will be adequate for the
demands of government business for the
future as we'll as for the immediate
present. 1t is the regular course.
Like the man who bought the cheap
watch and kept exchanging it for a
better one and paying the difference
until he got the timepiece he wanted,
congress practices economy by appro'
priating about half the amount necessary
for public buildings and then increases
the sum by driblets in order not to
spend too large an amount at one time.
West Coast Trade.