davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1904-02-02
FEARS FOR LEUTwE1N.
Nothing Heard From Expedition
 Against Natives,

Berlin Feb. 1.-Nothing has been heard for weeks from Colonel Leutwein, the Governor of German Southwest Africa. who was making long march from the Walnlbad region toward his beleagucred forts northward. No runner has got through the revolted natives. who have bosicged all the outlying stations and are supposed to be in force between Wind neck and Colonel Leutweln's column of
The Montgomery advertiser., 1904-02-02
Take kodoI for Dyspepsia

lining  called h indigestion
 
 
 
   others be- but chronic dyp na and finally ch of the stomach lining stomach the wholesome
  v
The Montgomery advertiser., 1904-02-02
SULLIVAN V. LOUISVILLE Ss NASH WILLIE RAILROAD CO.,
 pofi

SULLIVAN V. LOUISVILLE ~ NASH
 WILLIE RAILROAD CO.,
 Action against Railroad Company for
 Breach of Contract.-Appeal from the
 City Court of Montgomery.
 l. Written contract. how construed-A Written contract must be considered the aalo exposition of the intention of the parties; and in the absence of anything in the contract to indicate that the term used therein intended to have other than this primary or ordinary meaning, a spe- cial meaning cannot be given to such term by proof of expressed intention. ,. Construction of contract: definition of assigns. A contract was made between shipper and railroad company, in which it was agreed that the railroad | company would transport timber. logs and lumber for inc party of the first part and his assigns" at stipulated prices. In said contract it was stipulated that "the word assigns above used in connection | with the party of the first part is hereby | limited to his legal representatives in case of death; to his successors in the | timber and lumber business in case of his retirement" &c. The party with whom the railroad company entered into the contract died. and under his will the ! contract with the railroad company and | his claims against the railroad company | Tor breaches of said contract prior to his | death were beQueathed 10 the plaintiff Tn the present suit. A court of the State wherein the testator died having full ju- risdiction of his estate, and said con- tract and of all his heirs at law, execu- tors, devisess and legatees, decreed that all the ct4ltraots and rights of action should be assigned and set apart to the plaintiff in tho present suit. This decree remains in full force and effect Held: that the plaintiff in tho present suit did not, by virtue of the will of the person who made the contract with the railroad and the decree of the court above re- 1erred to, come within the meaning of the word assigns as defined in the contract sued on, and, therefore, could not main tain suit for breaches occurring subse- quent to the death of the parties who made such contract with the railroad 5. same; same.-Thc plaintiff in such A suit could not maintain an action on the contract for it's breach in charging and collecting higher rates of freight than agreed upon. upon the theory that She beneficial ownership of such contract enti- tied him to maintain such action: since the contract was not for the payment of money, but was for the performance of services and was not. thereore, within the statute authorizing actions to he brought in the name of the party really interested Code, section 2S)
 Affirmed.
 Opinion by Tyson. J.
The Montgomery advertiser., 1904-02-02
1,axo pills for Everyb ,dy,

Laxo Pills may be taken without fear into the most delicately organized sys- tenn, as well as the most robust, when an occasional help it needed to adjust and correct the normal functions of the stom ach, liver and bowels. Druggists. 25 cents.
 -adYs
The Montgomery advertiser., 1904-02-02
Head-Notes ef the Decisions
 of Alabama Supreme Court.

was discharged for that reason, if is competent for the plaintiff to introduce evidence showing that when he was in New York with said member of the firm purchasing goods. that said member of the firm proposed to him to do some things that were not strictly honest. and that he declined to be a party to such transaction.
 Reversed and remanded.
 Opinion by Mcclellan, C. J.
 JENKINS EFT AL. V. JONES. sCHWAB Bill in equity to compel the determina-
 tion of claims to real estate and to
 quiet title. Appeal from the Chancerv
 Court of Jefferson.
 1. Statutory bill to compel determina- ton of claims to real estate; respondent may seek affirmative relief in his an- swer.-While, upon a statutory bill to compel the determination of claims to real estate and to quiet title thereto Code. Sections S09-S13. the respondent is enti- tied only to an adjudication of title. yet, being properly before the court, a re- spondent may seek affirmative relief by making his answer cross bill and set ting forth therein the facts which entitle him to the relief prayed for. ?. Statutory bill for determination of claims to real estate; when defendant en- titled to have mortgage fcreciosed = Where bill is filed under the statute to | compel determination of claims to real es. tate and to quiet the title thereto Code | Sections SO9-S13) and in answer to the | bill the defendant sets up that he holds q mortgage upon the property described l in the bill, which was given by the com | plainant, and asks that his answer be ! taken as a cross bill and that the mort gage be foreclosed, such mortgage Is not direct attack and is subject to be ac. cordingly passed upon by the court. Reversed and remanded.
 Opinion by Sharpe, J.
The Montgomery advertiser., 1904-02-02
whsrs Clothes. Counted.

New York World.
 Washington notes with interest that at the White House reception ''to the judi ciary" said judiciary played second fiddle by giving precedence to the diplomats. That is what came of the diplomats put ting on their lovely gold-embroidered clothes.
The Montgomery advertiser., 1904-02-02
F.-ainala fnr Women.

reminala is 70. n S@~ip ion of an eni- nent physician for all diseases peculiar to women. 1t is good for all feminine il,s and absolutely best for most of them. 1"u~eist3 now sell and guarantee 1t.
 adv
The Montgomery advertiser., 1904-02-02
HIDE BEHIND AMERICA.
San Mingo and Havti Refuse to Fay
 Their Dahta

Washington. Feb 1.-OGiciaI advices have reached Washington from Santo Do- mingo and Port au Prince showing a distressing condition of affairs in San Domingo and Haytl. Business is declared to be almost at a standstill in both coun- tries and foreigners have well nigh ex- hausted their patience in endeavoring to maintain friendly relations with the na- lives.
 With the defiant declaration that San Domingo has "a great and good friend' in the United States. according to the re. port from tho Dominican capital, the of- ficials at Santo Domingo refuse to show the slightest concern when pushed by foreigners for the payment of their debts.
 Tn Hayti 1t is declared similar confi. dence in the friendship of the United States is shown by the authorities who point to the Venezuelan incident as an in- dication of what the United States will do if foreign governments attempt to cole lcct their claims by force.
The Montgomery advertiser., 1904-02-02
" THE STATE.

Indictment for Gaming.-Appeai rom the
 County Court of Elmore.
 l. Indictment for gaming; admissiothty of evidence.--On a trial under an indict- ment for gaming, there was evidence on the part of tho State tending to snow that the defendant and party or ne- groes played a game with dice known as throwing craps in April. 1903. near the Davis Place. and about twenty feet from the States lands. outside the fence on the edge of a swamp on the Davis place, near the house of w. w. Con. One witness for the State testified that he was shooting craps with the defend mt on the lands of the State in a corner of the fence about fifty yards from MT. Gofrs house. That the playing was in May or June. 1903, and that he and the others who engaged in the game were are rested. Held: The testimony of the last witness referred to was not subject to be excluded on defendants motion. on the ground that it was irrelevant and imma- terial and that the game of craps referred to by said witness was played at a differ ent time and at a different place from the one which the State had elected to prosecute the defendant for.
 ,. Gaming; public place.-A place where people have resorted for a number of years for the purpose of playing craps with dice, and which. by reason Of its being so often frequented is known as the old crap ground is a public place within the meaning of the statute pro- hibiting the playing of a game of cards or dice in a public place.
 g. Indictment for gaming; argument of counsel to the jury.-On a trial under an indictment for gaming. where the evil dence shows that the defendant was play ing at game with dice known as shoot ing craps in his argument to the jiry the solicitor for the State said: You gen. tlemen know the evils attendant on these crap games-a crowd of negroes with a bottle of whiskey and a pistol in their pocket get together to gamble and you know what crimes grow out of these meetings Held: Such statement of the solicitor did not transcend the limits of legitimate argument.
 Affirmed.
 Opinion by Haralson, J.
The Montgomery advertiser., 1904-02-02

RICH. WARM, HEALTHY blood is given by Hoods Sarsaparilla, and thus it protects the system from colds, feyers. pneumonia and other diseases that quick iy overcome weak and debilitated sys- tenn.
 The favorite cathartic is Hoods Pills. 25C. tu.thusSu.
The Montgomery advertiser., 1904-02-02

 several physsn and all kinds of patent @
  now surprise has cured andw
The Montgomery advertiser., 1904-02-02
Where Bryan Left It.

Washington Post.
 Mir Bryan declares that "Democraic victory is nj the air" That's where ne left it.
The Montgomery advertiser., 1904-02-02


  of indigestion
 
  rnds Here many branch sfronth he holding times the trial sse which sells for s'
The Montgomery advertiser., 1904-02-02

The Daybreak Fertilizers are here. See our adv. Marks 6 Gayle. -tu-thu-su.
The Montgomery advertiser., 1904-02-02
''Kodol digesis what you cal. 7

'The 1904 KodoI Almanac and 200 Year Calender will be sent Free on of cents in postage by addressing E. c. Dewitt & Co., Chicago" T
The Montgomery advertiser., 1904-02-02
CENTURIES

'ught more suffering, degra- le human race is the same lgo: It is called Contagious isease, " and is given other B is regarded as the blackest eases. It goes from bad to
 rst appear are soon followed
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1904-01-16
nULQUEEN
ARRESTED
Charge Of Jumping Quarantine
Will Be Pushed.

Mathew ]. Mulqueen who Is alleged
to be responsible for the small pox
trouble in Bennington and vicinity
was arranged before the municipal
court this morning.
There are three charges against him;
two of breaking quarantine with the
knowledge that he had small poI and
one Of voluntarily communicating the
disease to other people in Bennington.
These charges will be pushed to the
limit and it is likely to go hard with
Mulqueen. The penalty is 5000 fine
and costs.
As there are two charges on which
he may be convicted the chances are
that he may have to pay $3.50 or serve
about years in the house of correct
ion.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1904-01-16
MASONS IN
CONCLAVE
District Meeting Of the Second
District Held Here.

There was a good attendance from
the lodges comprising the second Ma
sonic district OF Vermont at the district
meeting held in Masonic hall Friday
afternoon and evening. Visitors we're
also present from several lodges out
side the district, and from outside the
state.
The convention was opened on the
third degree at O'Clock by D. D. G.
NJ. Edward H. Holden. The f. A.
degree was conferred by Mt. Anthony
lodge OF Bennington, H. d. Fillmore,
w. NJ. At the conclusion of the work
it was reviewed by the district deputy.
At the close Of the session a chicken
pie supper was served by the women n
of Mt. Anthony chapter, o. E. S.
At the opening of theevening session
the grand officers present we're received
in due form. These we're: Olin w.
Daley, NJ. w. G. NJ; Lee S. Tillotson,
w. G. Lecturer; H. H. Ross, w. G.
s.; Emmett G. Tuttle, p. w. G.. T.
The NJ, NJ. degree was then conferred
by Red Mountain lodge of Arlington,
f. B. Randall, w. NJ. In his review
OF the work the grand lecturer com
plimented the lodge very highly for the
way in which the degree was conferred,
The grand officers expressed them
selves as much pleased with the out
look of the order in the district and
for the cordial reception rendered
them.
BY reason of delay in the arrival
OF the train from the north the grand
officers did not reach the hall until just
in time for supper.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1904-01-16
Juat One Minute.

One Minute Cough Cure gives relief
in on minute because it kills the mi
crobe which ticklts the mucuos mem
brane, causing thee ugh. and at t q
same time clears the pblego, draws
out the Inflammation ana naaIs anu
soottes the affected parts. One Min
ute Cough Cure strengthens the lungs,
wards off pneumonia and is a harmless
and never falling cnre in all curable
cases of coughs, colds and Group One
Minute Cough Cure IS pleasa to take.
harmless and good alike for young and
old. Sold by b. A. QuinlaD.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1904-01-16
NORTH BENNINGTON

Parker Cole has entered school in
Connecticut.
Mr. and Mrs II. S. Lamb we're in AL
banv Friday.
Mrs Norman Douglass has returned
from a visit with her son in Allentown,
Penn.
Mrs Heman Spatford spent Thurs
day with her daughter in South Shafts
bury.
Fine ice is being cut on Lake Paran,
and the local ice houses are being
filed.
Mrs Frank Carr was called to Pet
ersburg this week by the death of a
sister.
Mrs Mary c. Piper, mother of Mrs
Emerton, celebrated her S8th birthday
this week
Miss Edna Schoonmaker was the
guest of Miss Meta Wing of Hoosick
Falls, Wednesday.
Tucker lodge, F. and A. NJ. opened
the lodge at the district meeting in
Bennington, Friday.
]. Oscar Bangs was i'll and not able
to make the trip to New York City.
He is somewhat improved.
The ladies of the Baptist church
held their monthly missionary meet
ing at the parsonage Thursday after
noon.
Miss Ida Bruffee has returned from
her visit with her brother in Peter
boro N. H., and taken rooms with
Mrs Frank Mattison.
There we're several sleigh rides from
the village this week. Thursday even
ing large party drove to Thomas
Robinson's in Salisbury.
An adjourned business meeting of
the North Bennington Cemetery asso-
citation will be held at the First Nat
ional bank, Saturday evening, Janu-
airy 10Th.
Mr. and Mrs Russell Tinkham have
invited the members of the Young Peo-
ple's Union of the Baptist church to
spend a social evening at their home,
Tuesday, January 10. A musical and
literary program will be rendered.
There will be special meeting of
Tucker chapter, o. f. s., on Friday,
January %, for practice. The chapter
expects to do the work at the district
meeting to be held in Rutland some
time in February. The date will be
fixed later.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1904-01-16
BUSS AGAIN CHIEF
last Night Was Re elected For the Fourth
Consecutive Year


Consecutive Year
The fire department of Bennington
met last night in the Stark Hose rooms
for the annual election Of officers,
George Hawkes. was elected secretary
pro tenn.
The report of Chief r. s. Buss show
ed that the department is in good
shape and equal to any paid depart
ment in the state. The treasurer 'sreport
shows s17.19 in the treasury.
After the reading of the reports the
following officers we're elected for the
year, the secretary being instructed to
cast one vote for each, Chief, r. S.
Buss; lst assistant, Fred Silver; End
assistant, w. j. Gibney; president,
Edward j. Murphy; vice president
John Wait; clerk, George NJ. Hawks;
treasurer, Fred L. Harmon.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1904-01-16
PREDICTS
VICTORY
Bryan Thinks Prospects Rosy
for the Democrats.
SILENT ON CANDIDATES
Ncbr askan Would Not Express
an Opinion as to German
or Judge Parker.
SILENT ON CANDIDATES

ST. LOUIS, Jan. 16.-"Everythfns
points to victory" said William
Bryan, who spent an hour in st. Louis
on his way home to Lincoln, Neb, In
answer to question asked by the Post
Dispatch as to the Democratic national
outlook.
II think we will win, and am now,
convinced that dark horse will cap
ture the nomination." he continued
what do you think Of Judge Parker
Of New York;" he was asked.
Il am not thinking about Parker at
ALL"
How would Senator German suit
your
II am not discussing Mr.. German oh
any other candidate at this time"
us 1t true that you have expressed a,
preference for Mr.. Hearst?"
Now" said Mr.. Bryan, II wish y01
would write down what have to say
about Mr. Hearst"
He then dictated the following: az
appreciate the work Mr.. Hearst has
done for the Democratic party ana
count him among my personal friends
but am not advocating his nomination
or that Of any person. am avoiding
any expression Of preference for any
body"
Are you a candidate, Mr.. BryanT'
II think have already made It per-
fectly plain that am not"
Would you become one If conditions
should indicate the necessity Of your
making the racer"
Il can imagine no circumstances un-
der which it would be either wise or
necessary for me to become a candi-
date"
Mr.. Bryan would not commit himself
as to the eligibility Of Mayor McClel-
Ian of New York for the Democratic
nomination.
did your journey modify in any way
your views on the money question:
Mr. Bryan was asked.
1T did not" he replied emphatfcally.
II am still believer in the principle
of free silver. But | will say this, that
l got one new idea, which I will dis
cuss at some future time"
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1904-01-16
Chicago Drivers strike Ended.

CHICAGO, Jan. 16-The strike Of
the livery drivers, which, since its be-
ginning some weeks ago, has caused
much annoyance to mourners and in
reference at funerals, has been end
ed, and the union men were ordered
back to work. A committee Of owners
and drivers, the latter headed by
President Young of the International
Teamsters' associa ton, had confer
ence at which an agreement was
brought about which recognizes the
closed shop one of the chief points
OF disagreement. 1t was agreed that,
the matter Of an increased wage scale
shall be arbitrated as soon as possible.
by committee of the union aud en-
plOyers.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1904-01-16

Little new evidence was brought out
in the Bean murder trial Friday. The
state will probably rest its case Mon
day or Tuesday.
Officers are hot on the trail Of w.
j, Reed, who ESCAPED from the Spring
field, Mass Jail recently. The police
of Albany, Cohoes and Troy are warn
ed to look ont for him.
DR. H. d. Holton Brattleboro, secre-
tary of the State board of health was
called to Vergennes to examine a
smallpox suspect in + he family of c.
N. Goodale. He pronounced it small
pox, and a quarantine has been es-
tablished.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1904-01-16
CHARMING CARD PARTY
Mrs c. yelling Thatcher Entertained Party Of
80 Thursday Evening.

Mrs c. yelling Thatcher gave one OF
the most charming entertainments of
the season at her elegant home on
Pleasant street Thursday evening. Mrs
Thatcher who was handsomely gowned
in black lace over white silk, received
her guests numbering thirty six ladies
many beautiful toilets were worn.
An elaborate supper was served on
small tables at six o'clock. The col
or scheme was red and white. Cards
we're played later, the favors AMI prizes
were very fine.
Miss Hattie yelling of North Benn-
ington won the first prize, Mrs r. J.
Coffey second; Miss Mary L. White
third, and Mrs Harry Hutchins fourth,
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1904-01-16
B. B. B. WON
CLOSE GAME
Defeated North Adams Five
Last Evening.
EXCITING BASKET BALL
Question up TO Last Minute which
Team Would Win-Score
Was II to IS.
EXCITING BASKET BALL

In one of the toughest, as well as
the closest games of basket ball ever
played in Bennington, BBB defeated
the Don't Worry" five of North Ad-
ans, in Library hall Friday evening.
1t was game replete with start
ling plays and unsportsmanlike act
ion, North Adams being the serious
offender in this respect.
1t was the most enthusiastic crowd
ever seen at basket ball game in
town. They nearly went wild when the
frat half ended with the score 10 to 8
in favor OF BBB.
The umpiring of Van Sleet, the
North Adams Official, was not above
criticism and seemed especially warp
ed at times. This was most notice
able when he refused TO allow Casey's
basket in the first part OF the last half.
Things looked dark for BIB, with
the score Is to 10 and one minute to
play, but they rose to the occasion and
threw the necessary basket, making
the score II to Is in their favor. The
lineup was as follows:
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1904-01-16
Tell by the Looks of Poiwog whether 1t will Have Bss
A JOLLY SLEIGHRIDE.
Party Visited At Thomas RObinson's In
ShaitsbuN.

SALISBURY.
A very pleasant sleighride by nine
couples from this village to the resi-
dence OF Thomas Robinson at South
Salisbury, was enjoyed Thursday
evening. The company met at NJ. j.
Welch's store and from there was con-
yeyed in four-in-hsnd from Galus-
has.
At North Bennington they were join
ed by about the same number as went
from here. Cards and dancing were
enjoyed dnring the evening and short
ly before midnight, supper was served.
After supper a musical and literary
program was skillfully carried out,
the most pleasing numbers being solo,
1.-THE Good Old Summer Time" by
James E. Hurley; duet by Mrs
Welch and Mr. Cummings; masquer-
ade dance by two members of the com
pany, a duet by Mrs Nash and Mrs
Soule, who we're assisted in the chorus
by all the members of the party, and
solo, "Bedelia," by William Watson.
The party broke up in the wee small
hours of the morning, after having vo-
ted Mr. and Mrs Robinson very
generous and hospitable entertainers,
and deciding to make it an annual at-
fair.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1904-01-16
THREW PIECE OF ICE.
Pleasure Of SIeiShrlde Party Intcrlerred With
By Incident.


The Juniors of the Ist Baptist church
accompanied by the pastor and super
intendent enjoyed very pleasant
sleighride, Thursday afternoon. They
started from the church in G. A. Gal
usha's commodiOus turnout and drove
to North Bennington arriving home
about 6:30
AS they were turning the corner Of
North st, a piece of ice thrown by
some unknown boy on the sidewalk
struck Miss Hutchinson, the superin-
tendent in the mouth in6icting pain
full flesh wound.
The Juniors are to give a musical
and literary entertainment in the Sun
day school rooms, Wednesday evening
Jan 20, at 8 O'Clock, admission 10 cts.
The society has taken this means to
raise the $40 pledged toward the new
church carpet. 1t will be we'll worth
hearing
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1904-01-16
SURPRISE PARTY.
Mr.. and Mrs J. T. Carpenter Visited by Friends
and Neishbors.

Mr.. and Mrs. j. T. Carpenter were
pleasantly surprised Friday evening
at their home on Pleasant street by
some % of their neighbors and friends.
The occasion was the birthday of Mrs,
Carpenter. The evening was spent in
social enjoyment.
Refreshments we're served and the
visitors presented Mrs. Carpenter
with handsome lamp 1t was II
O'Clock when the party broke up.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1904-01-16
SUCCESSFUL MUSICAL,
Held Friday Evening at the Home of Mrs
E. ] Winslow

The ladies of circle three held a
successful musical at the home OF
Mrs. f. j. Winslow Friday evening.
About l4O were present. The follow
ing solos were rendered:
Violin, Earl Harbour; vocal, Chas.
Thompson; piano, Miss Mabel Wood;
reading, Miss Annie Dakin; vocal,
William Haley. The leader wishes TO
thank all those that assisted to make
the musical success.